Indian Council Act 1861
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It designated the Governor of Bengal
as the ‘Governor- General of Bengal’ -> Two-Post/viceroy
and created an Executive Council of
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four members to assist him.
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The first such GovernorGeneral was
Lord Warren Hastings.
It made the governors of Bombay and
-> Governor General of tudia
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the governor-general of Bengal, unlike adian
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This Act was the final step Revolt
laid the foundations of central towards centralisation in of 1857
Indian CouncilAct
administration in India. British India.
centralisation Process ↓
started. Process
It made the Governor- Decentralisation
General of Bengal as the
stasted
Governor- General of India
and vested in him all civil the transfer of control of an activity
or organization to several local
and military powers
offices or authorities rather than
one single one.
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INDIANCONNCR ACT100 Legislature
The main provisions of the Act
may be summarized under the
following sub-heads:
⑭Povincial Legislature
Provisions relating to the Central Executive
The Act of 1861, enlarged the Executive Council of the Governor-General.
Now it was to consist of five members of which three were to be persons
who had served in India for ten years either under the Company or the Crown
and one was to be a Barrister or Advocate of five years' standing.
The Secretary of State for India retained the power to appoint Commander-
General Council in-Chief as an Extraordinary Member of the Executive Council.
amous
tetive
The Act empowered the Governor-General to make rules and orders
concerning the conduct of business.
It marks the beginning of the 'portfolio system' in which every member of the
00 Council was made responsible to his Department and the acts done in the
Council were reckoned as the acts of the Governor-General-in-Council.
The Governor-General had power to overrule the majority in the Council in
matters of safety, tranquility and interests of British possessions in India.
He was also empowered to create new Provinces for legislative purposes
and appoint Lieutenant-Governors for them, and to divide or alter the limits of
any Presidency or Province.
Provision relating to the Central Legislature
The Indian Councils Act, 1861, remodelled the Legislative Council established
under the Charter Act of 1853.
For the purposes of legislation the Governor-General's Council was enlarged into a
Charter Act of 1853.
Central Legislative Council consisting of not less than six and not more than
twelve additional members nominated by the Governor-General and holding office
It separated, for the first time, the
legislative and executive functions of for two years.
the Governor-General’s council. It
provided for addition of six new
members called legislative Of these additional members, not less than one-half were to be non-official, that is
councillors to the council. In other to say, persons not in the civil or military service of the Crown.
words, it established a separate
Governor-General’s legislative
council which came to be known as
the Indian (Central) Legislative
Council. This legislative wing of the
council functioned as a mini- Concl
Parliament, adopting the same Executive
procedures as the British Parliament.
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& Council Legislative Grnct)
(Centralmember
Governal General Legislativethan official
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Hominatedone
9
* Not less 6
Not more than 12
*
Indian
*
Half were be - Non-official
to
Council
-slative
The legislative power of the Governor-General-in-Council was declared
to extend to making laws and regulations for repealing, amending or
altering any laws or regulations for the time being in force in British
India, and to making laws and regulations for all persons (British or
natives or foreigners), for all Courts of Justice, and for all places within
the said territories, and for all servants of the Government of India within
the dominions of princes and States in alliance with Her Majesty.
The Indian Councils Act, 1861, empowered the Governor-General
to issue Ordinances. on his own authority without his Council, in
cases of emergency.
But such ordinances were not to remain in force for more than six
months.
He was to intimate to the Secretary of States the reasons for issuing
such ordinances.
Provision relating to the Provincial Legislatures
The Indian Councils Act, 1861 restored to the Governments of Madras
and Bombay powers of making and amending laws.
The legislative power had been taken
away by the charter act of 1833
The Councils of the Governors of Madras and Bombay were expanded for
legislative purposes by the addition of the Advocate General and certain
other members* nominated by the Governor.
The assent of the Governor was necessary to the validity of a law whether
or not he was present at the meeting at which it was made.
No line of demarcation was drawn between the subjects reserved for
* Bengal
the Central and the local legislatures respectively
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Council
Povincial Legislature
↓ S-
pandedGullylationPolkend
Sons were
Province Nominated by Goreshar
The Provincial Legislatures were, however, not empowered to take into.
consideration any of the laws relating to army, foreign and political affairs,
customs, coinage and currency, patents, copy rights, Penal Code, religion or
Post and Telegraphs, etc.
The act allowed establishments of new council in other provinces.
Accordingly, north western preferences, 1886, Burma and Punjab 1897 were
established.
The act empowered the Governor general to constitute by proclamation from
time to time new province for legislative purpose, and appoint new Lt,
Governor and alter the boundary of existing provinces
Notes PDF
