Indian council act 1861. Indian Councils Act 1861 2022-10-04
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The Indian Councils Act 1861, also known as the Morley-Minto Reforms, marked a significant milestone in the history of British colonial rule in India. This act was passed in response to growing demands for political reform and increased participation of Indians in the governance of their own country.
Prior to the Indian Councils Act, the British government in India was largely controlled by the British East India Company, which was responsible for administering the country and implementing British policies. This led to widespread discontent among Indians, who felt that they had no say in the decisions that affected their lives.
The Indian Councils Act was introduced in an effort to address these concerns and provide a greater degree of representation for Indians in the government. Under the act, the British government in India was restructured and the Governor-General was given the power to appoint additional members to the Council of India, which acted as an advisory body to the government.
The act also provided for the creation of legislative councils in each of the provinces of India, which were designed to serve as a forum for discussion and debate on issues of local and national importance. Members of these councils were chosen through a process of nomination by the British government, and included both British officials and Indians.
While the Indian Councils Act did represent a significant step towards greater participation by Indians in their own governance, it was still limited in scope and did not grant Indians full control over their own affairs. Nevertheless, it paved the way for further political reforms and the eventual independence of India from British rule.
Overall, the Indian Councils Act of 1861 was an important milestone in the history of British colonial rule in India and marked the beginning of a process of political reform that would eventually lead to the independence of India. Despite its limitations, the act demonstrated the British government's willingness to listen to the demands of Indians and incorporate their views into the decision-making process, and it laid the foundation for further political reform in the years to come.
INDIAN COUNCIL ACT 1861
भारत परिषद अधिनियम 1892 3. The Legislative Body with Non-Official Members, Portfolio System and power to promulgating Ordinance are some of the gifts of Indian Council Act 1861 which we even see today in our Constitution. Although the Indian Council Act of 1861 marked an important step in the constitutional history of India it had no relation with the problems of general public. Trying to act as an independent legislature, it did not work properly with the Home government. By the provisions declared by the council Act of 1861, Canning divided the government between the members of the Council.
The Calcutta Presidency was given the authority to make laws for the entire British India under this Act. He was appointed as the law member. Those bills were only could pass through the sign of the Governor General. The governor-general Council was enlarged into a central legislative Council consisting of not less than 6 and not more than 12 additional members. This measure then was taken to relieve the Governor-General from routine and formal business and so he can devote more time and attention to an important matter concerning to Administration of India. The Viceroy was authorized to issue any order on behalf of the Council and the departments. By this act the local needs and the growth of the local knowledge were emphasized.
Now the additional new NOT less than 6 and NOT more than 12 members were now to be nominated by the Governor General and they were to hold the office for two years. In cases of important matters, the member concerned presented the matters before the Governor General and decided in consultation with him. Generally, it was advisory. It was decided that from now Commander-in-chief would be appointed as an extraordinary member of the Executive Council. Regarding this Sir Charles Wood, the Secretary of the state, while introducing the Bill made it clear in the unequivocal terms that Her Majesty's Government had no intentions to establish a representative law makings body normally.
This Act was passed on 1st August 1861. He had the power to overrule the majority in the council in matters of safety, tranquility, and interest of British possessions in India. After a comprehensive discussion with the governments of India and Britain, the Indian Council Act 1861 was passed, and the company was called off. Limited powers of legislation were given to the Presidencies of Bengal and Madras and the Governor General was empowered to create similar councils for the provinces of Frontier and the Punjab. Portfolio System Portfolio System means the department to individual ministers.
It basically 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 functions of the Legislative council were declared strictly to be confined only with the legislative affairs. Ordinances were a type of law that was made by the viceroy in any emergency situation. The council of the Governor General of India performed dual functions of executive and legislature. The significance of the Indians Councils Act of 1861 lies in the fact that it laid down the gradual construction and consolidation of the mechanical framework of the government.
It brought many significant changes in the Executive and Legislative functions of the governor-general in Council. The British Government exercised total control of the territory of India and then they settled to recast the legislative and executive structures. The Lieutenant Governor will be in charge of his province wherever appointed. Conclusion: It would not be an exaggeration if we say that, the Act laid the foundation of the system of administration which lasted till the end of the British regime in India. Moreover the Governor General was empowered by the Acts of 1861,to issue without the concurrence of the Legislative Council, ordinances, which were not to remain in force for more than six months. The workings of the Legislative Council set up by the Charter Acts of 1833, were not fulfilled properly.
The number of members in the provincial legislative councils was not uniform. This power was used by Lord Canning to introduce the portfolio system in the Government of India. Apart from these there were several others reasons, which necessitated the changes of the constitution of India. By the Act of 1861, it was declared that in the colonial Representative Assemblies there would be the discussions of the financial matters and taxation. If he thought it was necessary, the Viceroy had the power and authority to overthrow The Council. The portfolio system was introduced by Lord Canning, the first viceroy of India, after the enactment of the Indian Council Act 1861. The act also provided limited powers to the Presidencies of Bengal and Madras and the Governor-General was authorized to create similar Councils for the Provinces of Frontier and the Punjab.
He was also authorized to divide or alter the limits of any presidency, province or territory. But the assent of the Governor-General was required for all the bills and regulations passed by the Provincial Council. With the Indian Councils Act for the first time Portfolio system started. This member was a special member who was placed on an executive council of the viceroy to regulate the general works department which is later called commerce and industry. The main purpose to introduce this law was that the British government wanted to entangle the people of India in the law-making process. In a sense, The Indian Council Act can be said to be the foundation of our current administrative structure 1861. Moreover the legislative Councils could not function like the true legislatures neither in the composition nor in the function.
Later in the year 1874, a sixth member was addedfor public works. This work of the legislative council, established by the To stop this unbridled dictatorship of the company in India, the British parliament called for a meeting of the authorities in England. The people of India got the allocation to interfere with the act of the constitution. These views were similar to Prof. Lord Canning was the First to start a Portfolio system. As a result it laid the foundation of legislative devolution culminating in the grants of autonomy to the provinces by the Government of India Act, 1935. In pursuance of this policy of association, three acts were enacted by the British Parliament in 1861, 1892 and 1909.