INDIAN COUNCILS ACT 1861

Introduction

On August 1, 1861, the British Parliament approved the Indian Councils Act 1861, which significantly altered the makeup of the Governor General’s council, both for executive and legislative responsibilities. The inclusion of Indians in the legislative process was one of the most notable parts of this Act.

Features of Indian Councils Act 1861

• Indian in Council: It provided that the Viceroy should nominate some Indians as non-official members of his expanded council. 
  • In 1862, Lord Canning nominated three Indians to his legislative council: the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao. 
• Decentralization: The Legislative powers of Bombay and Madras Presidencies were restored which initiated the process of decentralization. 
  • This policy of legislative devolution resulted in the grant of almost complete internal autonomy to the provinces in 1937.
• New Legislative Council: It made provisions for the formation of the New Legislative Council (Upper House) for Bengal (formed in 1862), Northwestern Province (1886), and Punjab (1897). 
• Ordinance Power: The Viceroy was empowered to issue an Ordinance, valid for 6 months from the date of issue, without the consent of the Legislative Council in case of emergency.
• Portfolio System: It recognized the “Portfolio system”, which was started by Lord Canning in 1859. 
  • Here, a member of the Viceroy Council was made in charge of one or more Departments and could independently make decisions and issue orders on behalf of the Council.