INDIAN COUNCIL ACT 1861

INDIAN COUNCIL ACT 1861

Table of Contents

Background

Syed Ahmed Khan
- had advised – British Government to take Indian nationals in administration
- argued failure of British to admit Indians into the Legislative Council as a major reason for revolt
Secretary of State for India, Sir Charles Wood found the Act important

Reasons for Enactment of Indian Councils Act 1861

Post Mutiny Perception
- It was difficult to secure Government rule without Indian cooperation in administration
Centralized law making was defective
1. Legislative council had only one representative from each of the 4 provinces
2. The council failed to make laws suiting local conditions
3. There was need to allow the provinces to make laws for themselves
Ineffective Governor General in Council
- Overburdened
  - failing in legislative functions
  - cumbersome procedures
- Absence of representation

Why the Act was Important

Began representative institutions –> Indians in Legislative council
Began Decentralization –> Legislative devolution
Portfolio system
Viceroy’s ordinance issuing power

Imp Points

Executive Council -> Expanded
- Transformed India’s executive council to function as a cabinet run on portfolio system
- Cabinet had 6 “ordinary members”, who each took charge of a separate department in Calcutta’s government: home, revenue, military, law, finance, and (after 1874) public works
- Military Commander-in-Chief sat in with the council as an extraordinary member
- Executive Council was enlarged by addition of 5^th member (finance)
- For legislative purpose, a provision was made for an addition of 6 to 12 members to the central executive.
  - At least half of additional members were to be non-officials.
  - These members were nominated by Viceroy for 2 year term
Legislative Council -> made Representative
- Include Indians in law making
  - Viceroy to nominate Indians , as non- official members, in expanded legislative council
- 1862 –> Lord Canning nominated 3 Indians
  - Raja of Benares
  - Maharaja of Patiala
  - Sir Dinkar Rao
More Powers to Viceroy
- Power to create new provinces for legislative purposes & appoint Lt-Governors for them. He could also alter, modify or adjust borders of provinces
- Could overrule council on affairs he deemed necessary
- Could issue ordinances without concurrence legislative council -> lasting six months , if Legislative Council is not in session or during emergency
- Could nominate President to preside Executive council’s meetings in his absence
- Make rules & regulations – conduct of business for executive council
- Every bill now required viceroy’s assent
- He could withhold his assent or exercise his veto power if he felt that a bill affected safety, peace and interest of British India.
- Communicate all laws to secretary of state for India who could disallow them with assent of crown
Began decentralization i.e. Legislative Devolution
- Restored Legislative Powers to Presidencies of – Bombay & Madras (were removed by Charter Act of 1833)
- New Legislative Councils established
  - Bengal – 1862
  - NWFP – 1866
  - Punjab – 1897
- Legislative council of Calcutta
  - given extensive authority to pass laws for British India as a whole
- Legislative councils – Bombay and Madras
  - given power to make laws for respective presidencies
- Governments of Bombay & Madras
  - given power of nominating the following
    - Advocate-General
    - not less than 4 & not more than 8 additional members of Executive council for purpose of legislation with 2yr terms
  - consent of Governor and Governor-General was made necessary
    - for all legislation passed or amended by Governments of Madras and Bombay
Portfolio System
- Portfolio system got recognized
- It was introduced by Lord Canning in 1859
- Members of Executive Council
  - were given charge of one or more departments
  - were authorized to issue orders on behalf of the council
No distinction was made between Central & Provincial subjects
- But measures concerning public debt, finances, currency, post-office, telegraph, religion, patents and copyrights were to be ordinarily considered by Central Government

Critical Analysis of Indian Councils Act 1861

The legislative councils
- were merely talk shops with no power to criticize the administration or ask questions
- their scope was fixed in legislation purpose alone
- had no right to move some kind of vote of no confidence
- there was no statutory / specific provision for nomination of Indians
The nomination power of Viceroy could be used only to placate the princes who in turn helped British maintain their rule
Governor General used ordinance making power to make laws as per his own wishes
Overall the Indian Councils Act 1861 failed to satisfy aspirations of people of India

Sumit Teotia

Sumit is Creator and Author at learncrisp.com. He started this learning platform with a mission to emerge as an aspirants resource hub, especially for those preparing in self study mode. He loves writing and his interests are History, Security and Diplomacy.