Indian Councils Act, 1861

This article talks about the Indian Council Act of 1861. Those who are preparing for competitive examinations like UPSC, SSC, Bank PO, RRB or State PSCs would certainly be benefitted from this article.

The Indian Councils Act 1861 was an act of the British Parliament that led to significant changes in the Governor-General’s Council. The Executive Council was now to be called as Central Legislative Council.

Features of Indian Council Act of 1861

1. At that time Lord Canning was the Governor-General and Viceroy who introduced the  portfolio system in which each member of Governor-General's council was assigned a  portfolio of a particular department. Hence, It was the first instance in which the portfolio of Council of Governor-General was incorporated.
2. The Executive Council was now to be called as Central Legislative Council.
3. With this act, through the Policy of Association of Indians in legislation Indians, might be nominated to the Council.
4. Lord Canning nominated three Indians to the Council in 1862 namely, the Raja of   Benaras, the Maharaja of Patiala and Sir Dinkar Rao.
5. In the Viceroy's Executive Council a fifth member who was to be a jurist, was added.
6. For legislation, the Executive Council of Viceroy was enlarged from 6 to 12 members in which half of the member were to be non-official. And thus the foundation of Indian legislature was laid down.
7. The Governor-General was conferred with the power to promulgate ordinances.
8. Governor-General’s assent was made compulsory for passing of any bill related to public revenue or debt, military, religion or foreign affairs.
9. The Secretary of State for India in Britain could also dissolve any act passed by the Governor-General’s Council.
10. The legislative powers of the Governor-Generals Councils of the Presidencies of Bombay and Madras which was taken away by the Charter Act of 1833 were restored.
11. Legislative councils were formed in other provinces too that is in Bengal in 1862, North West Frontier Province in 1886 and Punjab and Burma in 1897.

Also read:

Government of India Act 1858
Charter Act of 1853
Charter Act of 1833

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Government of India Act, 1858

The Government of India Act 1858 was an Act of the British parliament that completely ended the rule of the East India Company in India. Company transferred the government and the territory to the British Crown. At this time, Victoria was the queen of Britain. The supreme body in Britain was the British parliament to which the British government was responsible. A post of Secretary of State (A member of the British Cabinet) for India was created. Secretary of the State was to exercise the powers of the British Crown. This act made India a direct British colony.

Background:

The Indian Rebellion of 1857 urged the British Government to pass this Act. To calm down the after effects of 1857 revolt, the Government of India Act of 1858 was introduced.

Key Features of The ACT

• The system of Dual Government by abolishing the Board of Control and Court of Directors introduced by Pitt’s India Act was ended. 
• Through this Act the Governor-General received the title of Viceroy. 
• It created a new office, Secretary of State for India, vested with complete authority and control over Indian administration. 
• The secretary of state was a member of the British cabinet and governed India through the Viceroy in India. Via the Secretary of State, the British parliament were able to ask questions regarding Indian affairs. 
• The Viceroy was to be assisted with an Executive Council. 
• This act also ended the doctrine of lapse. 
• Lord Stanley was the first secretary of State for India. 
• First Governor-General and Viceroy of India was Lord Canning.

Read also:
Charter Act of 1833
Charter Act of 1853

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Charter Act of 1853

       Charter Act of 1853

The act renewed the powers of the Company and allowed it to retain the possession of Indian territories in trust of British Crown.The following two events resulted into the Charter Act of 1853:

1. Raja Ram Mohan Roy's England visit and

2. Petitions of Bombay Association and Madras Native Association 

Unlike the previous charter acts of 1793, 1813 and 1833 which renewed the charter for 20 years; this was for the first time this Charter Act did not fix any time limit for continuance of the administration of East India Company in India.

      Features of the Act

• For the first time, the legislative and executive functions of the Governor-General’s council were separated.
• It provided for additional SIX new members called legislative councillors to the council making it a council of 12 members.
• The Law member (fourth member) became a full member with the right to vote.
• The Court of Directors now could create a new presidency or province. This was because of the difficulties that were faced in administering the increasingly large Indian territories of Britain.
• It introduced, for the first time, local representation in the Indian (Central) Legislative Council. Of the six new legislative members of the governor-general’s council, four members were appointed by the local (provincial) governments of Madras, Bombay, Bengal and North Western Provinces.
• This Act also led to the creation of Assam, Burma and the Central Provinces.
• This Act also made provisions for recruitment to Civil Services based on open annual competition examination including Indians. Thus It gave birth to the Indian civil services and was open to all including Indians.

Further reading:
Charter Act of 1833
Government of India Act, 1858

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Charter Act of 1833 (NCERT notes)

The Charter Act of 1833 was passed in the British Parliament which renewed the East India Company’s charter for another 20 years.This Act was also known as the Government of India Act 1833 or the Saint Helena Act 1833.

     Features of the Charter Act of 1833

• It made the Governor-General of Bengal as the Governor-General of India. This made Lord William Bentinck the first Governor-General of India. 

• The Governor- General and his council were given vast powers. This Council could legislate for the whole of India subject to the approval of Board of Control. Thus, the act created, for the first time, a Government of India having authority over the entire territorial area possessed by the British in India. 

• The civil and military affairs of the company were controlled by the Governor-General in council.

• It deprived the governor of Bombay and Madras of their legislative powers. The Governor-General of India was given exclusive legislative powers for the entire British India.

• Bombay and Madras were to keep their separate armies under their commanders in chief but they were to be under the control of the central government.

• The company still possessed the Indian territories but it was held ‘in trust for his majesty’.

• This act led to the completion of the introduction of free trade in India by abolishing the Company's monopoly of trade in tea and trade with China.

• As per the act, an Indian Law Commission was established.

• The first Law Commission had Lord Macaulay as its chairman.

• The British Parliament abolished slavery in Britain and all its possessions in 1833. Through this Act the Slavery in India was abolished.

    Significance of the Charter Act of 1833

• This was the first step in the centralisation of India's administration.
• The Act provided for the codification of laws in India. Provision was made for the appointment of a law commission for that purpose.
• Provision for Indians were made to enter in government service.

Further Reading:

Charter Act of 1853

Government of India Act, 1858

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