The Indian Councils Act 1861

The unsuccessful war of independence 1857 left the Great Britain with many questions and it
issued a proclamation in 1858 bringing about remarkable changes in the Government at local
level. The Indian Councils Act 1861 added a position of the jurist to the Viceroy’s Executive
Council.
 The Governments of Madras and Bombay were deprived of their power of legislation by
Charter act of 1833. The Indian Councils Act 1861 restored this power to them. This act
is known to have made notable changes in the composition of the Governor General’s
council for executive & legislative Purposes.
 The council of the Governor General of India performed dual functions of executive and
legislature. For executive functions the notable change was that Council of the Governor
General was expanded and a fifth member was added. For the purpose of Legislation,
the Governor General’s Council was restructured. Now the additional new NOT less than
6 and NOT more than 12 members were now to be nominated by the Governor General
and they were to hold the office for two years. Out of these, not less than half were
required to be Non-Official. This was a beginning towards the establishment of
legislative system by adding legislative non official members to the Council of the
Governor General.
 However, the functions were limited to the legislation and it had not to do any other
function except the consideration or enactment of legislative measures.
 It was laid down that without the assent of the Governor General a bill relating to the
public revenue or debt, religion, military, naval or foreign relations cannot be passed.
However, any such act might be dissolved by the crown acting through the secretary of
State of India.
 The Indian Councils Act 1861 restored the power of legislation to the governor-in-
councils of Madras and Bombay in respective matters. The act also laid down the
provision for the formation of legislative councils in other provinces.

According to this act the ‘Executive Council of the Governor General’ was enlarged.

 Now at least 6 members were to be appointed and the total number of members was
assumed to be not more than 12.

 These members were called ‘Additional Members’ of the Executive Council. The act said
that half of the Members, necessarily non-official, were to be nominated by the
Governor General for a period of two years.
  There would be five Members of the Executive Council and the Commander-in-Chief
was appointed as an Extraordinary Member.

 In the absence of the Governor General, the Senior Ordinary Member was empowered
to preside over the meetings.

 The Additional Members, however, could neither raise questions nor move any
resolution in the Executive Council.

 The act also provided limited powers to the Presidencies of Bengal and Madras and the
Governor-General was authorized to create similar Councils for the Provinces of Frontier
and the Punjab. But the assent of the Governor-General was required for all the bills and
regulations passed by the Provincial Council.

 The Governor General was authorized to issue ordinances, while the Crown had the
power to disallow any law and regulation if it was considered as invalid by reason
and/or affected the prerogative of the Crown.

 Before the Indian Council Act of 1861, the Executive Council at Calcutta behaved like a
‘petty parliament’. This Act enabled the Secretary of State for India to limit the powers
of Calcutta council.

 With the Indian Councils Act for the first time Portfolio system started. Each member of the
Council of the Governor General was allocated portfolio of a particular department. Lord
Canning was the First to start a Portfolio system.
 The Governor General was authorized to exercise a veto and issue ordinances in a situation
of emergency.

The Act of 1861 had drawbacks including the selection and role of the Additional Members who
were just handpicked and ineligible to participate in the discussions.

 The Additional Members nominated to the Imperial Legislative Council were also
ineffective as all of them were Indian princes, big landlords, rich merchants or retired
officers, inept to be called as the representatives of the Indians at large showing no
eagerness to the meetings of the Council.

 Most of the bills were passed without discussion and often at a single sitting. For
instance, in 1978 the ‘Vernacular Press Bill’ wasn’t opposed by any Indian member on
 the floor of the Council though it was highly condemned and criticized throughout India
as a ‘Black Act’.

However, despite all its limitations and drawbacks the Indian Councils Act of 1861 was a
milestone in the constitutional history of India because once the Indians were admitted into the
Legislative Councils the demand to enhance their number as well as powers naturally arrived on
the scene .