Indian Councils Act 1861

The Indian Councils Act of 1861 introduced transformations in the executive council system in India. It was introduced by Lord Canning, the then-viceroy and Governor-General. The Act gave rise to a portfolio system and created departments within the council.  The main aim of this Act was to gain support from Indians by the British in order to continue their operations. There was a rising demand for representation by Indian citizens as well as Presidencies that convinced the British Government to implement this law.

Overview of the Indian Councils Act 1861

1. The Indian Council Act of 1861 was institutionalised to cater to the administrative needs of the Indians.
2. The Indian council act of 1861 was amended to restore the government’s power and composition.
3. It also focused on nurturing the executive roles in the legislation.
4. The British government introduced the portfolio system to increase the efficiency of the governor-general.
5. On the other hand, it transformed the role of the executive council and adopted a miniature cabinet portfolio system.
6. Each member of the executive system was given a distinct role in the home, revenue, military, finance, and law.

Check out the UPSC Notes

An overview of the Indian Council Act of 1861

1. The Indian Councils Act 1861 was introduced by Lord Canning.
2. The main objective of this Act was to create a council which is institutionalised and includes Indians.
3. Through this Act, The British planned on seeking support from Indians.
4. There were three Indians who were part of the legislative council of 1862: The Maharaja of Patiala, The Raja of Benaras, and, finally, Sir Dinkar Rao.
5. The Governor General was the final authority and could dissolve Acts and promote or remove rules in situations of emergency without the suggestion of the Council.
6. This act helped restore the legislative powers of Madras and Bombay Presidencies.

Visit to know more about UPSC Exam Pattern

Provisions of Indian Councils Act 1861

1. By reinstating legal powers to Bombay and Madras, decentralisation began. These privileges were revoked by the Charter Act of 1833.
2. In India, the Council of State established representative institutions involving Indians in the legislative process.
3. Some Indians were appointed as non-official representatives of the Viceroy’s extended council. The Maharaja of Patiala, Sir Dinkar Rao, and the Raja of Banaras were the three Indians that were selected.
4. For the first time, the Viceroy was given the authority to make regulations while in an emergency.
5. The Viceroy was granted the authority of Business Rules (similar power is stated to the President of India as per the Indian Constitution under Article 77).
6. The portfolio system established by Lord Canning created the groundwork for India’s cabinet administration, with each component of government getting its formal head and spokesperson in charge of its management.
7. New legislative councils for the NWFP, Bengal, and Punjab to be established.
8. Furthermore, the legislative councils constituted by the Government of India act 1861, on the other hand, had no actual power. Without prior consent from the government, the councils were unable to debate on important issues and had no financial considerations at all. They seemed to have no budgetary control.
9. They were unable to talk about executive authority. The bill’s final passing required the permission of the Viceroy. The Secretary of State has the power to reject legislation, even if the Viceroy has authorised it. Indians who worked as non-officials were only from the upper caste.

Also see: UPSC Question Paper

Impact of Indian Councils Act 1861

1. The Act helped bring some changes in the legislative system.
2. The involvement of Indians created new possibilities and hopes for the country.
3. The division of departments was an organised way to improve functioning.
4. Although it encouraged Indian representation, there were no major changes or results of this inclusion.
5. Despite changes, the final ruling power lied with the Governor-General, hence it did not lead to any major improvement.

Indian Councils Act 1892

This involved the selection of candidacy of the non-official representatives of the council to the central legislative council. At the same time, mostly the non-official members of the Provincial Council were shortlisted by some local authorities, such as district boards, universities, and municipalities.

The council now had the authority to analyse the budget and raise concerns of the Executive. Even though the term “election” was not used in the Indian Council Act of 1861, an indirect election procedure was used to pick a few non-official representatives.

Conclusion

The Indian council act of 1861 and 1892 fulfilled the aspiration of the Indians. They were allowed to participate in legislation and in important matters like finance, defence, law, and revenue. These two Acts were marked as a stepping stone in protecting the rights and interests of Indians. It also strengthened the role of Indians in the administrative system of British India. Despite the drawbacks, such as the restricted role of the legislative council the Act was a step towards the direction of betterment and hence is an important part of the colonial history of India.