Even after taking the Indian territories under its direct authority by the Act of 1858 AD, no changes were made in the Indian administration, while it was necessary to change the administrative structure of India. . The British Parliament passed the Indian Councils Act three years later in 1861, by which for the first time Indians were given the opportunity to participate in the administration. This was the first such act, in which the foundation of the departmental system and the cabinet system was laid. For the first time, an attempt was made to seek the cooperation of Indians in the work of law-making. This act decentralized the legislative powers of the Governor-General's council, that is, the governments of Bombay and Madras were also given legislative power.
This Indian Council Act of 1861 AD was called 'well wisher autocratism ' is called. Well-wishers in the sense that through this act an attempt was made to get the cooperation of Indians in Indian rule and autocratism in the sense that the British government remained as unresponsive as before.
1861 due to the passage of the Act (Due to the Passage of the Act of 1861)
The general public of England believed that the reason for the revolution of 1857 was the lack of close relationship between the ruler and the ruled and the absence of Indians in the country's legislative assembly. Sir Syed Ahmed Khan had also told the non-membership of Indians in the Indian Legislative Assembly as one of the main reasons for the rebellion. Bombay Governor Bartle Frere also wrote that it is very important to place Indian members in the Legislative Council, because without this we have no such means by which we can know that the law made by the government for millions of people is favorable to them. Yes or No. Thus the Revolt of 1857 exposed the flaws of the prevailing Indian system, due to which the need to include Indians in the Legislative Councils was emphasized.
Indian people were also demanding reforms in the governance system and wanted to participate in governance. To fulfill this demand, the British government passed this act. Thus the Act of 1861 was the result of the need to include Indians as members in the Legislative Councils.
In 1833 AD, the authority to make laws of provincial governments was given to the Governor-General, but this new system of governance proved to be useless and unsuccessful. Due to paucity of time and lack of development of means of transport, it was not possible for the Governor General to be familiar with the situation in different provinces of the country. In such a situation, they could not make the right laws for these provinces, on the other hand, the provincial governments were unhappy with the loss of the right to make laws. Although the representatives of the provincial governments were given a place in the council by the Act of 1853, he was not satisfied with them. It was necessary to pass this act also to remove this government error.
The Indian Legislative Council established by the Act of 1853 AD gradually increased its powers, which was completely incompatible with the existing system of governance at that time. This council used to call for answers from the Governor-General and also compelled them to present confidential papers before them. This caused hindrance in government work. Therefore it was necessary to pass this act also to control its power and authority.
After 1857 AD, both Indians and British started looking at each other with suspicion. In such an environment it became even more difficult for the government to know and understand the views of the Indian people. The then Indian Governor General Canning sent some suggestions to the Secretary of India to rectify this situation, as a result of which Sir Charles Wood presented a bill in the House of Commons on June 6, 1861, which was passed in 1861 AD. The latter became the act.
Rise of Nationalism in India
Key Features of the Act of 1861 (Salient Features of the Act of 1861)
The Act of 1861 AD was the first important step towards decentralization and planted the seeds of representative institutions by involving Indians in the work of law-making. The main sections of this act were as follows-
The number of ordinary members of the Executive Council of the Governor-General was increased from four to five. The number of members in the Viceroy's Council was increased to five. The fifth member was a legal expert, who was either a barrister or a member of Scholland's Faculty of Advocates. Of these five members, three were required to be persons who at the time of appointment had at least ten years' experience in the service of the Crown.
The Governor General was empowered to make rules and orders for the smooth conduct of executive proceedings. The Secretary of India could appoint the Commander-in-Chief as an extraordinary member of this Council. The governor or lieutenant governor of a province was arranged to attend the meeting of the council as an extraordinary member. The Governor-General was empowered to appoint another person as the President of the Council in his absence. Although this president had all the powers of the governor general, but he could not approve, disapprove or protect any law. The Governor General was given the power to distribute business among the members of the council. Important matters were placed before the Governor General's Council, where decisions were taken on the basis of majority, but the final approval was in the hands of the Governor General.
The governor general was given the right to increase his council from six to twelve members to assist in the task of law-making, subject to the condition that at least half of them The members will be non-official. These additional members were nominated by the Governor General for two years. The Legislative Council was given the power to make laws and rules for the whole of British India. Thus it had supreme power with respect to legislation and concurrent power with other legislative bodies.
Army and its discipline and organization, Religion and religious customs, Relations with foreign powers, Political relations, Public debt, Currency, Posts and telegrams, Taxi and other governments, Coins It was necessary to obtain the approval of the General before introducing a bill on matters relating to casting, etc. He could also put a bill for the consideration of the King of England. Any bill passed by the Legislative Council could be canceled by the King of England on the suggestion of the Secretary of the Council of India.
In critical circumstances the Governor General without consulting his council could issue ordinances which could remain in force for 6 months, but even before 6 months the Secretary of India and his council and The Legislative Council of the Governor General could cancel it. The Governor General was given full power of prohibition, now he could amend or repeal the laws made by any provincial government.
Council Governor-General empowered to make laws and regulations for the Fort William Presidency, the North-Western Provinces and Punjab.
By the Act of 1865 AD, the Governor General was empowered to create new provinces, change their boundaries and divide them according to the need. Similarly, by the Act of 1869, the Governor General was empowered to make laws regarding Indians living abroad. By the act of 1873 AD, a provision was made to dissolve the East India Company at any time. In this sequence, the East India Company was dissolved on January 1, 1874.
Council Governor-General was given additional powers over the public servants of the Government of India in the princely states or other states.
According to the provision of this act, the Bombay and Madras provinces were again given the right to make laws and amend them, but the laws made by them were considered valid only when they Viceroy validates. The Viceroy got the right to establish Legislative Councils in the provinces and to appoint Lieutenant Governors.
These provincial governors were given the right to nominate not less than four and not more than eight additional members to their legislative councils to make laws and regulations. The term of these additional members was two years and at least half of these members were required to be non-official.
Provincial Legislative Councils were empowered to make laws and rules for the establishment of peace and discipline in the provinces, but they should not be against the Parliamentary Act. A bill relating to the public revenue of the provinces could not be introduced in the provincial legislative council without the prior permission of the governor or lieutenant governor. Every law passed by the provinces required the approval of both the provincial governor and the general. Provincial laws made according to this law could also be canceled by the King of England through the Secretary of India.
But this act did not give real representation to the Indian people. The function of the Legislative Council was only to make laws. The Governor-General was allowed to issue ordinances in emergency situations without the permission of the Legislative Council. Through this act, the non-official Indians were given the opportunity to participate in the work of law-making, but these non-official members were not the real representatives of the Indian people. The Governor General appointed non-official members from among the Diwans, Zamindars and native kings or retired servants who had nothing to do with the interests of the Indians.
Former Institutions of the Indian National Congress
Evaluation of the Act of 1861 (Evaluation of the Act of 1861)
This act gave Indians the opportunity to participate in the administration of their country for the first time by appointing them as members of the Legislative Councils. The chances of reducing the caste enmity between the British and the Indians increased by getting the membership of the councils for the Indians.
The Indians getting membership in the councils and the powers to re-law the provinces led to a policy of Indianization and decentralization, which later became the basis of self-government. By this the legislative councils of Bombay and Madras were again empowered to make laws and similar arrangements were made for other provinces as well. This was the primary charter of the Indian Legislatures of the twentieth century, due to which according to the Act of 1935 AD, the provinces were given independence in internal matters in 1937 AD.
The constitutional importance of this act is also that it led to the birth of a responsible institution in India. The department system was introduced in India by the Act and according to section eight of the Act, the work of the council was divided among its members. This not only reduced the burden of the Governor General, but also increased the efficiency of governance. This gave impetus to the initiation and development of representative institutions in India.
The purpose of this act was not to give real representation to the Indian people in the Legislative Councils, because the Government of England had declared before the Act was passed that responsible government in India He has no intention of establishing Thus, what was expected from the Act of 1861 AD, it could not be fulfilled.
The Legislative Councils created by the Act of 1861 were only nominal law making committees. All the official, non-official additional members included in the Indian Legislative Councils were royalists of the British government, whose job was only to support the government. The authority and powers of the Legislative Councils were severely limited by this act. She could neither ask questions nor move proposals. He had no right to even consider the budget. The biggest drawback of this act was that the Legislative Councils did not exercise any control over the executive.
This act extraordinarily increased the powers of the Governor General and gave him the right to veto bills passed by his Legislative Council and Provincial Legislative Councils. Thus all final powers were concentrated in the Governor General. The Governor General was given the power to issue ordinances for the maintenance of peace and good governance in India. This is such a 'Brahmaban ’ which the Governor General kept in his custody till the last moments of his rule.’
In the same order, under the Royal Titles Act of 1876, by a proclamation on April 28, 1876, Queen Victoria was named 'Empress of India ' was declared. The transfer of the Government of India to the British Government was formally recognized.
Revolution of 1857:Causes and Dissemination
The Era of Liberal Nationalism 1885–1905 (The Era of Liberal Nationalism 1885–1905)