Indian Councils Act, 1861

At a Glance

• What it is A British law of 1861 that began representative institutions in India and gave back law-making powers to Bombay and Madras
• Passed after The Revolt of 1857, when the British felt the need for the cooperation of Indians
• Key changes Indians nominated to the Viceroy’s legislative council; legislative powers restored to Bombay and Madras; portfolio system recognised; Viceroy’s ordinance power
• First Indian members Nominated in 1862: the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao
• Part of a series The first of three Acts of association: 1861, 1892 and 1909
• Exam link UPSC Prelims, Polity: Historical Background

Where Does It Fit in British Rule?

The Indian Councils Act, 1861 belongs to the Crown Rule (1858-1947). It followed the Government of India Act, 1858, which had put India under the Crown. The Act of 1861 is the first step in a policy of association, which was continued by the Acts of 1892 and 1909.

Why Was the Act Passed?

After the revolt of 1857, the British government saw that it needed the cooperation of Indians in administering the country. The British recognised that excluding Indians from governance could lead to further unrest. They therefore decided to associate some Indians with the making of laws. The Act of 1861 was the first of three Acts passed to carry out this policy of association, and it is an important landmark in India’s constitutional and political history.

Timeline

• 1833 The Charter Act takes legislative powers away from Bombay and Madras
• 1857 The Revolt of 1857
• 1858 The Government of India Act: Crown rule begins
• 1859 Lord Canning introduces the portfolio system
• 1861 The Indian Councils Act is passed
• 1862 Three Indians are nominated to the Viceroy’s legislative council; the Bengal council is set up
• 1886 and 1897 The North-Western Provinces and Punjab councils are set up

What Did the Indian Councils Act, 1861 Provide?

Association of Indians with law-making

The Act began representative institutions in India. The Viceroy could now nominate some Indians to his enlarged legislative council as non-official members. He could name between six and twelve additional members for two years, and at least half of them had to be non-officials. In 1862 Lord Canning, the Viceroy, nominated three Indians: the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao.

Decentralisation: Bombay and Madras get their powers back

Bombay and Madras got their law-making powers back. This undid the drift towards centralisation that had started with the Regulating Act of 1773 and peaked with the Charter Act of 1833. The same policy of handing legislative powers down eventually gave the provinces almost complete internal autonomy in 1937.

New legislative councils

The Act provided for new legislative councils for Bengal, the North-Western Provinces and Punjab. They were set up in 1862, 1886 and 1897, respectively.

Portfolio system

The Act gave legal standing to the portfolio system that Lord Canning had begun in 1859. Each member of the Viceroy’s council now headed one or more departments and could pass final orders for them on the council’s behalf. The Act also added a fifth member to the Viceroy’s executive council.

Rules for the council

The Viceroy could frame rules and orders to run the council’s business more smoothly.

Ordinance power

In an emergency the Viceroy could issue ordinances on his own, without the concurrence of the legislative council, and they stayed in force for six months.

Why Is the Act Important?

• First step to representation: Indians took part in law-making for the first time, though only by nomination.
• Decentralisation begins: The centralising trend of 1773 to 1833 was reversed, and provincial councils were created.
• Portfolio system: It made the Viceroy’s council work like a small cabinet, with each member in charge of a department.
• Opening of a series: It began the Acts of 1861, 1892 and 1909, which widened the councils step by step.

What Were Its Limitations?

• Nominated, not elected: Indian members were nominated by the Viceroy, and they were mostly from the upper classes, so their representation was largely symbolic.
• Weak councils: The councils worked mainly in an advisory role. They had no control over the budget, and their laws could be rejected by the Viceroy and by the Secretary of State.
• Viceroy kept control: The Viceroy’s power to issue ordinances and to make rules for the council kept authority in his hands.

How Does It Compare With Earlier Law?

What Came Next?

The Indian Councils Act, 1892 came next. It added more non-official members and allowed the councils to discuss the budget and put questions. The Indian Councils Act, 1909, also called the Morley-Minto Reforms, followed. The policy of legislative devolution begun in 1861 ended in the grant of almost complete internal autonomy to the provinces in 1937.

Key People and Terms

• Lord Canning Viceroy who brought in the portfolio system in 1859 and nominated three Indians in 1862
• Policy of association The British policy of bringing Indians into the government’s work, carried out by the Acts of 1861, 1892 and 1909
• Non-official member A member of a legislative council who was not a government official
• Portfolio system A system in which each member of the executive council heads one or more departments
• Ordinance A law issued by the executive when the legislature is not available; under the 1861 Act it lasted six months
• Legislative devolution Handing law-making powers back to the provinces
• Raja of Benaras, Maharaja of Patiala, Sir Dinkar Rao The three Indians nominated in 1862

Exam Corner

Mains Angle

The Act of 1861 is a classic answer on the beginnings of Indian participation in government. Use these points to add depth.

• Why the British turned to association: The revolt of 1857 showed the danger of governing without any link with Indians. The British brought in a few Indians as a nominal partnership in governance, to win cooperation.
• Reversal of centralisation: The Act undid the centralising trend of 1773 to 1833 and started legislative devolution. This led over time to almost complete internal autonomy for the provinces in 1937.
• Cabinet-style working: The portfolio system gave each member of the Viceroy’s council a department, and it made the council function like a small cabinet.
• Representation without power: Nominated Indians, advisory councils and no control over the budget meant that real authority stayed with the Viceroy.
• The ordinance power: The Act let the Viceroy issue ordinances in an emergency without the legislative council’s concurrence, and they lasted six months. The Government of India Act, 1935 also gave the Governor-General an ordinance power. Under the Constitution, Article 123 gives the President the power to issue ordinances only when Parliament is not in session, on the advice of the Council of Ministers, and an ordinance ceases to operate six weeks after Parliament reassembles unless it is approved.