India’s Council Act 1861

In the previous post, we have read about the Government of India Act 1858. This act laid the foundation of British Crown rule in India. Though this was a change in the ruling party the problems of the masses were still remain the same. So, get rid of the troubles of act 1858 here comes a new act in 1861. It was India’s Council Act 1861.

India’s Council Act 1861

India's Council Act 1861
India’s Council Act 1861

The important features of this act were,

  • It provided a portfolio system.
  • The legislature came into India.
  • Ordinance power.
  • Restored legislative powers of Madras and Bombay Presidencies.
  • The fifth member added in the viceroy’s executive council.

Features of India’s Council Act 1861

Legislature

The revolutionary provision of India’s Council Act 1861 was the birth of legislature in India. But instead of being the cause of happiness for Indians, it became a matter of big disappointment for Indians. The reason was the structure of the legislature.

Legislature of India's Council Act 1861
Legislature of India’s Council Act 1861

So, from the above diagram, we can understand that the Legislature of 1861 was like a court of pre-modern King. And for the entry of Indians in the legislature there was no legal provision. Although the flatters of British Raj were given a place in it. Maharaja Digvijay Singh of Balrampur (Uttar-Pradesh) was the first member of this council.

Provision of Ordinance

Ordinance us basically a weapon in the hand of the government to frame laws during the time of vacation of Parliament or emergency. This provision came into existence by this act, which again became the cause for constitutional development in India. Today 2/3 majority is a check on the ordinance but that time it became an instrument in the hand of the viceroy to be an autocrat.

Portfolio System

Portfolio System means the department to individual ministers. This was basically the proposal of Lord Canning, the first Viceroy of India. This provision got added to this act. But once again the frustration of Indians was that not only a single department was handed over to Indian.

Therefore the Government of India Act 1858 proved to be a shock for the educated middle class. But this act shattered the dreams of the educated middle class.

In this scenario, the educated middle class of India appeared on the political platform of India. So, from here starts the story of organized nationalism in modern India. In the next coming post, we will discuss it.

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