What is Indian Council Act 1861?

Indian Councils Act 1861 was an Act of the Parliament of the Britishers which made efficient and important changes in the Council of Governor General. It was passed on 1 August,1861 by the Parliament of Britishers. It converted the Executive Council of Viceroy into a small Cabinet on the system of portfolio and all the 5 ordinary members would become in charge of different departments including home, military, law, finance and revenue of the government of Calcutta. The chief Military Commander sat as an extravagant member with the India Council Act 1861. This special member was entrusted to the Executive Council of Viceroy to control the Public Works Department which later came to be known as Commerce and Industry after 1904. The Governor General took charge of the Foreign Department which was concerned with princely states relations and powers of foreign borders.

Viceroy Lytton in 1879 felt grateful to abolish the overall council to accommodate the requirements for the elimination of the import duties of the government on manufacturers of the British’s cotton despite desperate requirements of India for revenue in the year of disorders of agriculture and widespread starvation. This act was introduced with the aim to involve the people of India with the law making process. The Indian Council Act, 1861 restored the powers of legislation of Madras and Bombay Presidencies which were taken away by the Charter Act, 1833.

Provisions of Indian Council Act 1861

The provisions of Indian Council Act, 1861 are as follows;

  • Lord Canning, the Viceroy and the Governor General instituted the Portfolio system in which each member was appointed a portfolio of a specific department.
  • For the functions of the Executive Council and purpose of Legislative, there would not be less than 6 members and not more than 12 members and these members came to be known as the Executive Council’s Additional Member and out of which half of these members would be non-official i.e. Indian or Britisher.
  • Governor General had given power to nominate these additional members for 2 years.
  • To the Executive Council, Lord Canning nominated 3 members and they are Sir Dinkar Rao, the Maharaja of Patiala and the Raja of Benares.
  • All the bills which are related to military, religion, foreign affairs or public debt could be passed only by the assent of the Governor General.
  • The Governor General had the right or power to propagate the ordinances during emergencies without the concurrence of the Council. Therefore, 6 months was the life of ordinance.
  • Calcutta’s Legislative Council had power for British India to proceed with the law.

Drawbacks of India Council Act, 1861

The demerits or drawbacks of India Council Act, 1861 are;

  • The function and role of the legislative council is limited.
  • The discussion on matters like finance and revenue were restricted.
  • The Madras and Bombay legislative powers decentralised the powers of legislature.
  • The Governor General due to his special and extraordinary powers became an arbitrary leader.
  • Many bills in the Council were passed even without discussion and the Indian members were not allowed to oppose the bill.
  • The non-official members had no right to explain the problems that the common people faced or ask the questions.

Merits of Indian Council Act, 1861

The merits of Indian Council Act, 1861 are as follows;

  • It helps in restoring the powers of legislation of the Madras and Bombay Presidencies.
  • It also gave power to the Presidency of Calcutta so that they could make laws for entire British India.
  • It provides good provisions for the Council’s Constitution of India’s Governor General.

Conclusion

Indian Council Act 1861 was an act which made efficient modulations for the Governor General’s Council. This act aims to alter the Council’s composition for advanced purposes of the executives and legislations. Its most notable and excellent aspect was the Indian members’ involvement in law making processes. It serves as the basis for the Bengal’s, Punjab and North- western Frontier Provinces legislative council’s establishment.