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Sunday, December 29, 2013

Indian Council Act of 1861

Soon after, it was deemed necessary by the Government to initiate a policy reform of the Indian administration and to consider ways and means of establishing closer contacts with the public opinion in the country and taking non-officials both European and Indian- into the counsel of the Government "with a view to obtaining timely expression of the feelings and sentiments of the members of the outside public concerning measures proposed to be taken by Government".

The Indian Councils Act of 1861 is an important landmark in the constitutional history of India. It is important for two main reasons. First, it enabled the Governor General to associate representatives of the Indian people with the work of legislation by nominating them to his expanded Council. Secondly, it decentralised the legislative powers of the Governor-General's Council and vested them in the Governments of Bombay and Madras.

The Executive Council of the Governor-General was enlarged by the addition of a fifth member who was to be a jurist and for purposes of legislation by the addition of not less than six and not  more than twelve additional members, at least half of whom were to be non-officials. Although not expressly provided for in the Act, the non-official element of the legislative council could include Indians. Actually, in 1862, the Governor-General, Lord Canning, appointed three Indians- the Maharaja of Patiala, the Raja of Benares and Sir Dinker Rao- to the newly constituted Legislative Council. For the first time since the beginning of British Rule in India, Indians were being associated with the work of legislation.

The 1861 Act suffered from many defects. Also, it did not satisfy Indian aspiration. It made the Governor-General all powerful. The nun-official members could hardly play any effective role. No questions could be asked and the budget could not be discussed. The political and economic situation in the country steadily deteriorated. There were acute scarcity of foodgrains and a severe famine in 1877. The discontent was widespread and the situation explosive. The repression that followed the 1857 revolt had created strong feelings against the British. These were further deepened by the strong opposition by the Europeans and Anglo-Indians to the Ilbert Bill which has sought to remove all invidious distinction between European and Indian members the Civil Services.
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