Indian Council Act of 1861

After the great revolt of 1857, the British Government felt the necessity of seeking the cooperation of the Indians in the administration of their country. In pursuance of this British Parliament passed the India councils Act 1861. Initiated a process of decentralisation by restoring powers to Bombay and Madras.

Need for the Law

• There was rising resentment among different classes of Indians who demanded representation in government services.
• East India Company’s governing style was offensive and exploitative in nature. It failed to bring logical administrative and political reforms to suit the socio-economic demands of Indians.
• Post-1857, there was a need to bring some barometer or safety valve in the shape of a deliberative council.
• Due to over-centralisation under the Charter Act of 1833, central administration was not worried about local issues and challenges (reform deficit administration).
• Legislative council (Charter Act of 1853) became arrogated to itself and hindered the functioning of British government in day-to-day administration. Hence, reforms were required.

Major Provisions

• Gave recognition to portfolio system, introduced by Canning in 1859, under which a member of Viceroy’s council was made in charge of one or more departments of government and was authorised to issue final orders on behalf of council on matters of his department. This replaced the earlier practice of the Council deliberating each matter collectively through exchange of minutes. Canning appointed Finance Minister as the member in charge of a particular portfolio.
• Empowered Viceroy to issue ordinances, without the concurrence of the legislative council, during an emergency. The life of such an ordinance was six months.
• Beginning of representative institutions by associating Indians with law-making process. Provided that Viceroy should nominate some Indians as non-official members of his expanded council. Lord Canning nominated Raja of Banaras, Maharaja of Patiala and Sir Dinkar Rao.
• Provided for establishment of new legislative councils for Bengal, North-Western Provinces and Punjab.
• Law member in executive council: A fifth member (a jurist, not a practising lawyer) was added to Viceroy’s Executive Council.
• Viceroy’s Executive Council was enlarged (6-12 additional members who would be appointed by Viceroy for two years). Not less than half (3 or more) of these members were to be non-official. Although not mentioned explicitly in the act, some posts were offered to native Indians as well.
• Role of legislative council (created under Charter act of 1853) was made limited to only legislative without any control over administration or finances.

Importance

• Provided provisions to deal with an emergency (ordinance) which is continuing in Indian polity.
• Initiated representative government by incorporating Indians into Executive council. It set the tone for a further increase of non-official Indian members in the Council. Number of non-official members in the Council was to be raised between 10-16 in 1892 and 60 in 1909 reforms.
• Sowed seeds of federalism in India.
• Cabinet System facilitated the work of the Council and allowed Government of India to cope with the steadily growing volume of work.
• Establishment of telegraph communication between Britain and India in 1970 reduced the importance of the Council of Governor General and constrained Governor-General’s freedom to take quick action in emergencies without consulting Home authority.

Limitations

• Despite introducing decentralization, Viceroy’s council could make the laws for the whole of British India on any subject.
• Legislative councils could not possibly be called true legislature either in composition or in function, because their composition was not representative as there was no provision for elections and their functions were strictly limited as they were expressively forbidden to transact any business except the consideration and enactment of measures before them.
• Council was strictly confined to legislation, and it was not allowed to interfere in the work of executive. The council could not inquire into grievances, call for information or examine the conduct of executive. Acts of administration could not be impugned nor were they defended in these councils.
• Legislation on certain specified matters could only be introduced with the prior consent of Viceroy and no act passed by the Council was valid till it was ratified by him.

Government of India Act 1869

• Crown assumed the power of electing all members of the Council.
• Viceroy was given power to nominate a President who presided over meetings of the Council during his absence.
• Viceroy was given power to enact rules and regulations for the proper conduct of the business of the Council.
• Increased representativeness: Viceroy was allowed to increase the strength of the Council by appointing not less than six and not more than twelve members. Half of these members were to be ‘non-official.’