Introduction
The Indian Councils Act of 1861 was an Act of the United Kingdom Parliament that turned India’s executive council into a portfolio-based cabinet[1]. This cabinet consisted of six “ordinary members,” each of whom was in charge of a different department of the Calcutta government: home, revenue, military, law, finance, and (from 1874) public works. As an extraordinary member, the military Commander-in-Chief attended the council meeting. With the appointment of a fifth member, the Executive Council has grown to five members. Under the Act’s provisions, the Viceroy might overrule the council on affairs if he thought it was necessary, as was the case in 1879 during Lord Lyton’s stay.
The Indian Councils Act of 1892 was enacted by the British Parliament to change the makeup and role of legislative councils in British India. The act, in particular, increased the number of members of the central and provincial councils. For example, the number of new members chosen to the Governor-council[2]. General’s was expanded from twelve to sixteen members[3], with not less than half of them being non-officials, i.e. those who were not in the Crown’s civil or military service, as per the Indian Councils Act 1861. The Governor-General was given the authority to invite various Indian bodies to elect, select, or delegate their representatives, as well as to impose regulations.
Administration of British India[4]
India’s government was an increasingly centralised paternal tyranny and the world’s largest imperial bureaucracy from 1858 to 1909. The Viceroy’s Executive Council was turned into a small cabinet under the portfolio system in 1861, with each of the five ordinary members in control of a different department of Calcutta’s government—home, revenue, military, finance, and law. As an extraordinary member, the military commander in chief sat on the council. After 1874, a sixth ordinary member was appointed to the viceroy’s Executive Council, initially to preside over the Department of Public Works, which was renamed Commerce and Industry after 1904.
Despite the fact that the government of India was formally known as the “Governor-General-in-Council” (governor-general remained the viceroy’s alternate title), the viceroy had the authority to overrule his councillors if he so desired. He was given command of the Foreign Department, which was primarily responsible for contacts with princely states and neighbouring foreign powers.
Because the majority of their councillors were usually in agreement, few viceroys felt it necessary to impose their entire autocratic authority. Despite India’s severe need for money in a year of widespread famine and agricultural disorder, Viceroy Lytton (ruled 1876–80) felt compelled to overrule his whole council in order to appease requests for the removal of his government’s import levies on British cotton manufacturing.
Executive Council for Legislative Reasons
Additional members began meeting with the viceroy’s Executive Council for legislative reasons in 1854, and their permitted number was increased to between 6 and 12 by an act of 1861, with no fewer than half of them being nonofficial. While the viceroy chose all of these legislative councillors and had the authority to veto any bill presented to him by that body, its deliberations were to be accessible to a small public audience, and several of its non-official members were Indian aristocracy and loyal landowners.
The legislative council sessions thus acted as a crude public-opinion barometer for the Indian administration, as well as the beginnings of an advisory “safety valve” that provided the viceroy with early crisis warnings with the least amount of risk of parliamentary-style resistance. The act of 1892 increased the council’s permissible additional membership to 16, with 10 nonofficial members, and increased their powers, but only to the extent of allowing them to ask questions of the government and formally criticise the official budget on a day set aside for that purpose at the end of each year’s legislative session in Calcutta.
Indian Council Act of 1861[5]
The Indian Council Act of 1861 was enacted to address the need for Indian assistance in the country’s governance. For executive legislative purposes, the act restored the Government’s power and the composition of the Governor General’s council.
Features of Act
- The three distinct presidencies (Madras, Bombay, and Bengal) were merged into one.
- This statute changes the legislative system.
- The Act added a fifth member to the Viceroy’s Executive Council: a jurist.
- For legislative reasons, the Viceroy’s Executive Council was expanded to include not less than six and not more than twelve new members, who would be appointed by the Governor-General and serve for two years. As a result, the total number of members has risen to 17.
- Non-officials had to make up at least half of the group.
- The legislative power of the Councils of Bombay and Madras was to be restored, and councils were to be established in other provinces such as Bengal in 1862, the North West Frontier Province (NWFP) in 1886, Burma, and Punjab in 1897.
- In 1859, Canning instituted the Portfolio system, which separated the Governor General’s council into numerous parts, each of which was handed to a different member of the council. It further stipulates that the member in charge of his department has the authority to issue final directives on topics pertaining to his department.
- In 1962, Lord Canning appointed the Raja of Banaras, the Maharaja of Patiala, and Sir Dinkar Rao to his legislative council.
Indian Councils Act 1892[6]
The British Parliament approved the Indian Councils Act 1892 to expand the size of the legislative councils in India. This act marks the commencement of India’s representative government.
Background
With the rise of nationalism, Indians increasingly became more aware of their rights. In its sessions in 1885 and 1889, the Indian National Congress passed some resolutions and made its demand. The following were the main demands:
- An ICS examination will be held simultaneously in England and India.
- Reforms to the legislative council and the adoption of the election-in-place-of-nomination concept.
- Opposition to Upper Burma’s annexation.
The above-mentioned second demand represented Indian unhappiness with the current government structure. The Indian leaders wanted a large number of elected members to be admitted. They also demanded the right to debate budget issues. A committee was formed by Viceroy Lord Dufferin. The committee was given the task of devising a strategy for expanding provincial councils and elevating their standing. The proposal was set up, but when it was presented to the Secretary of State for India, he refused to agree to the principle of direct election being implemented. However, the notion of indirect electoral representation was recognised with significant caveats.
Important Provisions
- Additional members were added to the national and provincial legislative councils as a result of the act.
- The legislative councils’ powers have been expanded. Members might now debate the budget without having the ability to vote on it. They were also barred from asking follow-up questions.
- With the Governor General’s authorization, they could ask questions about domestic concerns. They were also permitted to raise questions about matters of public concern.
- The Governor General in Council was given the authority to set rules for member nomination, subject to the approval of the Secretary of State for India.
- To elect members of the councils, an indirect election system was implemented. Members of provincial councils could be recommended by universities, district boards, municipalities, zamindars, and chambers of commerce.
- Provincial legislative councils were given more powers, including the ability to propose new laws or repeal old ones with the Governor General’s assent.
- In the event of the Central legislature, the Governor was given the authority to fill the seat, while in the case of the provincial legislature, the Governor was given the authority.
Critical Appraisal of the Act
The legislation of 1892 can be considered a forerunner to the establishment of representative government in India. However, such representation was only possible through indirect elections, and there was nothing available to the average Indian. The indirect election method hindered direct communication between the public and elected officials. In many ways, this act was also a catalyst for the growth of militant nationalism in the following years. The British Government saw the Congress’ petition, prayer, and protest policies as a weakness.
Nonetheless, the act gave Indians the option to share councils at the highest levels of government, laying the groundwork for representative government. In the legislative councils, the number of Indians was raised. The Act was a watershed moment in the development of parliamentary government on a greater scale.
Conclusion
As a result, we can conclude that, despite its numerous flaws, The Indian Council Act (1861) paved the way for the adoption of the portfolio system, the power of ordinance, and the presence of non-official members in legislative councils, all of which are still present in our administration. In certain ways, we might claim that The Indian Council Act is the foundation of our present administrative system (1861).
Despite the fact that the Act did not represent the commencement of parliamentary administration in India, it is unquestionably a significant step along the path that eventually led to the establishment of parliamentary government. Despite attempts by white authorities to sterilise and kill the seed sowed in 1892, it sprouted and flourished into a large tree at a later period.
References:
[1] India | History, Map, Population, Economy, & Facts | Britannica
[2] The Governor-General’s Council also is called the Viceroy’s council and the Central council.
[3] Courtenay (1911).” The Indian Councils Act, 1909 on JSTOR”
[4] India – Government of India Act of 1858 | Britannica
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