Indian Council Act 1861 Upsc Notes 88

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Indian Council Act 1861

[UPSC Notes]
What is the Indian Council Act 1861?
The Indian Council Act 1861 was introduced by the British Parliament to meet the
necessity of the cooperation of Indians in the administration of the country. With the
advent of this act, the powers of government were restored and, the portfolio of the
Council of Viceroy was incorporated.

• The concept of decentralization of powers was introduced in the Indian Council


Act of 1861.
• The Indian Council's Act 1861 was enacted by the Parliament of the United
Kingdom, which transformed India's Executive Council into a cabinet that runs on
the portfolio system.
• The cabinet consisted of six ordinary members who took charge of different
separate departments like home revenue, law, finance, and public works in the
Calcutta government.
• Under the charter act of 1833, the legislative powers were taken back by the
British Parliament. With the advent of the Indian Council Act of 1861, all the
powers were restored. Hence, this act is an essential landmark for the
constitutional reputation of India.
• The Indian Council Act of 1861 allowed the Indians to participate in the law-
making process. Regarding this provision, the Viceroy nominated Sir Dinkar Rao
Maharaj of Banaras and Patiala.
• Under the Indian Council Act of 1861, the Viceroy was provided with the power to
issue ordinances during an emergency without asking for the concordance of the
Legislative Council.
• The life of these ordinances was decided to be 6 months.

History of Indian Council Act 1861


• The revolt of 1857 shook the British Empire. It forced them to seek a corporation
with Indians in the administration.
• After exercising complete control of the territory of India, the British Parliament
decided to overhaul the administrative and legislative structures. Hence, 3 acts
were passed: 1861, 1892, and 1909.
• The Indian Council act 1861 is a very important benchmark in the constitution
and history of India.

Features of Indian Council Act 1861


Go through the provisions of Indian Council Act 1861 for a better understanding.

• The Indian Council Act of 1861 was significant. It created a representative


institution by involving Indians in the legislative process.
• Lord Canning nominated some Indians as non-official members as a part of his
expanded Council. Later on, he nominated three Indians to his Legislative
Council: the Raja of Banaras, Patiala, and Sir Dinkar Rao.
• The Indian Council Act of 1861 initiated the process of decentralization of powers
to the Bombay and Madras presidencies.
• The Indian Council Act of 1861 also had provisions for establishing a new
legislative council in Bengal, the North-Western Provinces, and Punjab in the
years 1862, 1886, and 1897, respectively.
• The Viceroy was empowered to make the rules and orders for the convenient
business transactions of the Council.
• Lord Canning introduced a portfolio system in the government where members of
the Council were made in charge of one or more departments of the government.
The Viceroy was authorized to issue any order on behalf of the Council and the
departments.

Reasons for the Indian Council Act 1861


• After the war of independence in 1857, the British officials in Parliament realized
the difficulty of establishing a government in India without their participation.
• The act of 1833 centralized the legislation; it had only one representative in each
of the four provinces. The charter act of 1833 centralized the legislation. The
central government back then had the power to legislate for the entire country.
• This work of the legislative council, established by the charter act of 1853, left
much to be desired. The company claimed all the functions and privileges for
itself.
• Also, many times, the company tried to act as if it had complete autonomy and
an independent legislature. With this mindset, they often break off the chain of
supply of goods to England.
• To stop this unbridled dictatorship of the company in India, the British parliament
called for a meeting of the authorities in England. After a comprehensive
discussion with the governments of India and Britain, the Indian Council Act was
passed and the company was called off.

Merits of the Indian Council Act, 1861


• The Indian Council's Act of 1861 was a drastic change in the history of the Indian
Constitution.
• The Indian Council's act changed the structure of the Governor General's Council
for executive and legislative purposes.

• Indians were allowed to present their viewpoint and participate actively in the
administrative processes.

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