Government of India Act, 1858

At a Glance

• What it is The law that ended the rule of the East India Company and handed India’s government to the British Crown
• Passed on 2 August 1858, after the Revolt of 1857
• Also known as The Act for the Good Government of India
• Main changes India governed in the name of the Crown; the Governor-General became the Viceroy; the Secretary of State for India replaced the Board of Control and the Court of Directors
• First Viceroy Lord Canning
• Council of India 15 members, only to advise the Secretary of State
• Exam link UPSC Prelims, Polity: Historical Background

Where Does It Fit in British Rule?

British rule in India is usually studied in two phases: the Company Rule (1773-1858) and the Crown Rule (1858-1947). The Government of India Act, 1858 is the dividing line. It closed the first phase and opened the second, which lasted until Independence on 15 August 1947.

Why Was the Act Passed?

The Revolt of 1857, also called the First War of Independence, showed how weak the Company’s rule was. The British government decided that India could no longer be left in the hands of a trading company, and that Parliament and the Crown should rule directly. A bill brought in by Lord Palmerston’s government fell with that government, and the next government passed the Act on 2 August 1858.

Timeline

• 1784 Pitt’s India Act creates the double government
• 1853 The last of the Charter Acts, with no fixed term for the Company’s rule
• 1857 The Revolt of 1857
• 2 August 1858 The Government of India Act is passed
• 1 November 1858 Queen Victoria’s Proclamation is issued
• 1861 The Indian Councils Act, the first of three Acts to involve Indians in the government

What Did the Government of India Act, 1858 Provide?

Rule by the Crown

The Act brought the East India Company to an end. Its powers, territories and revenues went to the British Crown, and India would be ruled directly by the Crown, in the name of the Queen. The Company’s property passed to the Crown, and the Crown took over its treaties and contracts.

The Viceroy

The Governor-General of India was given a new title, Viceroy of India. He was the direct representative of the Crown in India. Lord Canning became the first Viceroy.

End of double government

Double government came to an end because the Act did away with the Board of Control and the Court of Directors, the two bodies that made up the system of Pitt’s India Act, 1784.

Secretary of State for India

The Act created the office of Secretary of State for India, who held full authority over Indian administration. He sat in the British Cabinet and was ultimately responsible to Parliament. He could send some secret despatches to India without consulting his council.

Council of India

A 15-member Council of India was set up to help the Secretary of State. It could only advise, and the Secretary of State presided over it.

A body that could sue and be sued

The Secretary of State-in-Council became a corporate body in law, able to sue and be sued both in India and in England.

What Was the Queen’s Proclamation of 1858?

Queen Victoria issued a Proclamation on 1 November 1858, a few months after the Act. It announced the transfer of India’s government to the Crown. It promised to respect the rights of the Indian princes, not to interfere in the religion of the people, and to give Indian subjects equal rights under the law.

Why Is the Act Important?

• End of the Company: A trading company that had become a ruler was replaced by direct rule of the Crown.
• Clear chain of responsibility: The Viceroy answered to the Secretary of State, and the Secretary of State, a Cabinet member, answered to Parliament.
• End of double government: The confusion between the Board of Control and the Court of Directors was removed.
• Reforms followed: The Acts of 1861, 1892 and 1909 followed, as part of a policy of association with Indians.

What Were Its Limitations?

• Machinery, not the system: The Act changed little in how India was actually governed. It mainly improved the machinery in England through which the Indian government was supervised and controlled.
• No say for Indians: It gave Indians no part in law-making. The Government of India’s authority still lay with the Viceroy and the Secretary of State.
• Power in London: The final authority in London, the Secretary of State, could even send secret despatches without his council.

How Did Rule Change From 1784 to 1858?

What Came Next?

After the revolt of 1857, the British government saw that it needed Indians’ cooperation in running the country. It pursued this through a policy of association, which produced three Acts, in 1861, 1892 and 1909. The first of them, the Indian Councils Act, 1861, is a landmark in India’s constitutional history.

Key People and Terms

• Lord Canning The first Viceroy of India
• Viceroy The new title of the Governor-General, as the direct representative of the Crown
• Secretary of State for India A Cabinet minister with complete authority over Indian administration
• Council of India A 15-member advisory council that assisted the Secretary of State
• Body corporate A body that can own property and can sue and be sued in its own name
• Double government The system of 1784, ended in 1858
• Queen’s Proclamation The statement of 1 November 1858 that announced Crown rule

Exam Corner

Mains Angle

The Act of 1858 is often called a change of form and not of substance. Use these points to give an answer depth.

• A change of form: The Crown replaced the Company, the Viceroy replaced the Governor-General and the Secretary of State replaced the Board of Control and the Court of Directors. But the Act changed little in how India was actually governed. It mainly improved the machinery in England through which the Indian government was supervised.
• Clear responsibility, in London only: The Secretary of State was a Cabinet member and was finally responsible to Parliament. Responsibility for India was clear in Britain, but Indians had no say in it.
• The Proclamation: After the Revolt of 1857, the Queen’s Proclamation promised to respect the rights of princes, to avoid interference in religion and to give equal rights under the law. It was meant to steady British rule after the revolt.
• The next step: The British government felt the need to win the cooperation of Indians. It followed the policy of association through the Acts of 1861, 1892 and 1909.