Indian Councils Act, 1892

At a Glance

• What it is A British law of 1892 that enlarged the legislative councils and gave them a little more to do
• Key changes More non-official members; the right to discuss the budget and to put questions; non-official members named on the recommendation of local bodies
• Official majority Kept in the councils
• Election The Act did not use the word, but it made a limited and indirect provision for it
• Part of a series The second of the 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, 1892 belongs to the Crown Rule (1858-1947). After the revolt of 1857, the British government wanted the cooperation of Indians in the administration of the country, and it followed a policy of association through three Acts, in 1861, 1892 and 1909. The Act of 1892 is the second of them.

Why Was the Act Passed?

The Act of 1861 seemed to be working as the government intended. But a sense of nationalism was growing among Indians, and the recently founded Indian National Congress was asking for the councils to be enlarged and for more Indians to take part in them. The Act of 1892 was the government’s response. It aimed to bring a select group of educated Indians into the constitutional process with a series of amendments to the Act of 1861.

Timeline

• 1857 The Revolt of 1857
• 1861 The Indian Councils Act: Indians nominated to the legislative council
• 1885 The Indian National Congress is founded
• 1892 The Indian Councils Act is passed
• 1909 The Indian Councils Act, also called the Morley-Minto Reforms

What Did the Indian Councils Act, 1892 Provide?

More non-official members

The Act increased the number of additional (non-official) members in the Central and provincial legislative councils, but it maintained the official majority in them. In the Central council the number of additional members could now be from 10 to 16.

More functions

The Act increased the functions of the legislative councils. It gave them the power of discussing the budget and of addressing questions to the executive. The councils could discuss the budget but could not vote on it. Members could put questions on matters of public interest only within certain limits and after six days’ notice, and they could not ask supplementary questions. The system of the Budget itself had been introduced in British India in 1860.

Nomination on recommendation

The Act provided for the nomination of some non-official members:

• of the Central Legislative Council, by the Viceroy, on the recommendation of the provincial legislative councils and the Bengal Chamber of Commerce; and
• of the provincial legislative councils, by the Governors, on the recommendation of district boards, municipalities, universities, trade associations, zamindars and chambers.

A limited and indirect election

The Act made a limited and indirect provision for the use of election in filling some of the non-official seats in both the Central and provincial legislative councils. The word election was, however, not used in the Act. The process was described as nomination made on the recommendation of certain bodies.

Why Is the Act Important?

• More Indians in the councils: The number of non-official members grew, in the Central and the provincial councils.
• A limited form of election: Choosing members on the recommendation of local bodies brought in a limited and indirect form of election, though the Act never used the word.
• A voice on the budget and the executive: Members could now discuss the budget and put questions, so the government had a platform in the council to explain its policies.
• Bridge to 1909: The Act of 1909 went further, and so it is the middle step in the policy of association.

What Were Its Limitations?

• Official majority kept: The government still had a majority in the councils, so Indians could not overturn a majority decision.
• No vote on the budget: The councils could discuss the budget, but they did not have full control over finances.
• Limited questions: Questions needed six days’ notice, were limited in subject, and supplementary questions were not allowed.
• No real election: Members were still nominated, even if on the recommendation of bodies.
• Not enough for nationalists: The reforms were modest, and they did not satisfy the broader demand for political reform.

How Does It Compare With the Act of 1861?

What Came Next?

The Indian Councils Act, 1909, also called the Morley-Minto Reforms, followed. It raised the number of members in the Central legislative council from 16 to 60. It allowed members to ask supplementary questions and to move resolutions on the budget.

Key People and Terms

• 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
• Official majority A majority of members who were government officials
• Central Legislative Council The legislative council of the Viceroy at the centre
• Bengal Chamber of Commerce A trade body whose recommendation was used for nominating non-official members to the Central council
• Indian National Congress The national body, founded in 1885, whose demand for larger councils the Act answered

Exam Corner

Mains Angle

The Act of 1892 is the second step in the policy of association. Use these points to add depth.

• Why it came: Nationalism was growing among Indians, and the recently founded Indian National Congress was asking for larger councils and for more Indians in them. The Act was the government’s way of bringing a select group of educated Indians into the constitutional process.
• Representation by recommendation: Members were named on the recommendation of district boards, municipalities, universities, trade associations, zamindars and chambers. This was a limited and indirect provision for election, and the Act did not use the word.
• Voice without a vote: The councils could discuss the budget and put questions. But they could not vote on the budget, supplementary questions were not allowed, and the official majority was kept.
• A modest step: The concessions were modest and they did not meet the broader demand for political reform. The Act of 1909 came next.