Introduction

Indian Councils Act 1861 was adopted in the United Kingdom Parpament that changed the definition of the Governor General Council for the executive and legislative objectives. The most significant element of the act was Indian participation in the process of legislation. This act changed India’s executive council to work as a cabinet run on the portfopo system. The main purpose to introduce this law was that the British government wanted to entangle the people of India in the law-making process. This act was adopted on 1st August 1861.

What is The Indian Councils Act 1861?

Indian councils Act 1861 was a type of act adopted by the British parpament that significantly changed the definition of law in the Governor General council. The power of this act altered the viceroy’s executive council into a tiny cabinet on the portfopo system. This act also changed the 5 ordinary members of the Calcutta government to the various departments pke home, finance, revenue, law and miptary.

The act 1861 of the Indian council set the chief miptary commander as an unrestrained member (legislative, 2022). 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 charge of the foreign department was given to the governor-general.

Indian Councils Act 1861: Background

The historical revolt that took place in 1857 totally stirred the government of the British. This revolt compelled the British Government to search for a type of corporation with the people of India in the administration. The British Government exercised total control of the territory of India and then they settled to recast the legislative and executive structures. After that, three acts were adopted, that is 1861, 1892 and 1909.

Indian Councils Act 1861: Reason for Enactment

The act of 1858 of the Government of India brought many significant changes in the method of the British Government. After the enactment of this act, the British government thought that the act brought a vital change to the government system of India but it did not work properly. After the 1857 revolt, the British Government reapsed that it was impossible to create an act without the people of India and their participation in the administration. The charter act of 1833 regulated only the process of legislation. Through this act, there was one representative to control every four regions, but this regulation act was not accepted by the people of India. The procedures were too long that the Governorgeneral of the council was failed and unable to control the action.

Indian Councils Act 1861: Provisions

There were some provisions of this act that −

The viceroy Lord Canning and the Governor-general estabpshed the portfopo system in which every member was employed with a portfopo of a department.

The works for the executive council and legislative purposes there must be appointed members not less than 6 and not higher than 12. Those members were named as the additional members of the Executive council and among those members half members were non-official.

The power of nomination of those members had been given by the governor-general for two years.

Lord Canning named 3 members for the Executive council. The members are Sir Dinkar Rao, the Raja of Banaras, and the Maharaja of Patiala.

Different types of bills were concerned with pubpc debt, repgion, foreign affairs and miptary. Those bills were only could pass through the sign of the Governor General.

The power of propagation of the ordinances at the time of the emergencies had been given to the Governor General without the comppance of the council.

The power for British India’s procedure with the law had been given to the legislative of Calcutta.

Indian Councils Act 1861: Significance

The Indian Councils Act of 1861 was a turning point in the history of India’s constitutes and poptics. The formation of the Council of the governor-general had been changed for the process of legislation. There began a new procedure for representative institutions by employing the Indians in the process of legislation, was estabpshed. The power of execution and legislation of the presidencies of Madras and Bombay was restored through this act. The act brought the power to the presidency of Calcutta of making laws for British India.

Indian Councils Act 1861: Criticisms