The Indian Councils Act of 1861 was passed by the British Parliament on
August 1, 1861, changed the composition of the Governor General's council for
administration and legislative purposes. The most remarkable component of this
Act was Indian participation in the legislative process.
The Indian Councils Act (1861) - Historical Background
After the great revolt of 1857, the British Empire felt the urgent need of seeking
the cooperation of its Indian subjects in the administration of India.
In pursuit of this policy of association, three acts were enacted in 1861, 1892, and
1909. The Indian Councils Act of 1861 is an important landmark in the
constitutional and political history of India.
The Indian Councils Act (1861) - Reasons For Enactment
• The Government of India Act of 1858 made important changes in the
manner of governance from England, but it made no significant changes to
the Indian government system.
• Following the 1857 Mutiny, there was a widespread belief in England that
establishing a government in India without the participation of Indians in
the administration would be extremely impossible.
• The 1833 Charter Act centralized the legislative process. It had only one
representative in each of the four provinces, and it failed to pass legislation
that was tailored to the needs of the people.
• The Governor General in Council was failing in his legislative duties and
was unable to perform effectively due to lengthy procedures that caused
delays in enactment.
The Indian Councils Act (1861) - Provisions
• The trend of decentralization was initiated by this act, which restored the
legislative powers of the Bombay and Madras presidencies.
• Thus, the centralising trends that began with the Regulating Act of 1773
and culminated with the Charter Act of 1833 were reversed.
• This policy of legislative devolution resulted in the grant of almost
complete internal autonomy to the provinces in 1937.
• By associating Indians with the law-making process, a new beginning was
made for representative institutions.
• Providing for the provision of the Viceroy nominating some Indian
members to his extended council.
• Subsequently, three Indians were included in this 1862 Legislative Council
- the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao.
• It provided for the establishment of the legislative councils for Bengal,
North-Western Frontier Province and Punjab.
• It empowered the Viceroy to make rules and orders for a better and more
convenient transaction of business in the council.
• It recognized the Portfolio System (introduced by Lord Canning in 1859)
under which, a member of the Viceroy’s Council was made in charge of
one or more departments of the Government and was authorized to issue
final orders on behalf of the council on the matters of the concerned
department.
• It also empowered Viceroy to issue ordinances, without the consent of the
Legislative Council during an emergency. The ordinance will be valid for
a period of 6 months.
The Indian Councils Act (1861) - Significance
• The Indian Councils Act of 1861 is a watershed moment in India's
constitutional and political history.
• For executive and legislative purposes, it changed the structure of the
Governor General's council.
• By involving Indians in the legislative process, a fresh beginning for
representative institutions was established.
The Indian Councils Act (1861) - Defects
• The Legislative Council had a limited role. It was mainly advisory. No
financial decisions were allowed.
• Although the Indians were elected, there were no official conditions for the
inclusion of Indians in them.
• It allowed for the allocation of administrative positions by delegating
legislative powers to the presidents of Bombay and Madras.
• The Governor-General had absolute power.
Conclusion
The Indian Councils Act 1861 is an important landmark in the constitutional and
political history of India. It altered the composition of the Governor General's
council for executive and legislative purposes. The involvement of Indians in the
legislative process was the most notable feature of this Act. By associating
Indians with the law-making process, a new beginning was made for
representative institutions. It provided for the establishment of legislative
councils for Bengal, North-Western Frontier Province and Punjab.
