Indian Council Act of 1861

Hindus and Muslims dominated India during the 19th century. In 1857 they collectively stood against the atrocities and exploitation of the Britisher's East India company which gave rise to the revolt of 1857. The revolt of 1857 marked a turning point in the history of India as it ended the traditional leadership in the country. The blame for this mutiny was primarily because of the ineptitude of the East India Company. On the 12th of August 1858, the power centre over India shifted from the company to the crown. 

Despite the change in the ruling party, the common masses were still plagued by the same problems. The foundation of the Indian Council Act of 1861 was laid to eliminate the issues that tagged along even after the Act of 1858. This article will get into the details of the Government of India Act 1861 and learn what is Portfolio System, which came along with the Act.

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Before the Government of India adopted the portfolio system, the Governor-General in the council used to dispose of all governmental business. The council functioned as a  joint consultative board. With the increase in the complexity and business of government, various members of the council started getting handed over the work of each department. The Governor-General dealt only with the most important cases, or the council collectively took decisions on crucial cases.

This process was then legalised by the 1861 Act during the time of Lord Canning. This Act led to the Portfolio System introduction and inception of the executive council of general-governor. One of the major reasons for the institutionalisation of the Indian Council Act 1861 was the necessity of Indian cooperation by the British government to run the administration of the country peacefully. The Viceroy's executive council was transformed into a miniature cabinet by this Indian Council Act, which was based on the portfolio system. 

Portfolio System Meaning

The meaning of the portfolio system is a separate department for each minister. The Portfolio System was introduced by the then Viceroy and Governor-General, Lord Canning, in 1859. As per this system, each member of the council was entrusted with a portfolio of one department. The portfolio systems also envisaged that the council member who was in charge of a certain portfolio had the power to issue the final orders which involved his department. The cabinet had five members at that time, and each was assigned one of the departments from the following departments; Home, Military, Revenue, Finance, Law, and Public Works (this came in 1874).

Features And Provisions of Government of India Act 1861

This Act made prominent changes in Governor General's council composition for legislative and executive purposes. The Governor-General's council had a dual duty of handling executive as well as legislative matters.

How the executive functions of the council changed:

• The executive council of Governor-General got expanded by the addition of a fifth member of law to the council. The five members were: Home, Military, Revenue, Finance, Law, and Public Works.

• Through this Act, the Governor-General got the power to make rules so that transactions of business were more convenient in the council.

• Lord Canning used this power to create the portfolio system or cabinet type in the government of India.

• Till this Act, the entire body of the executive council governed the entirety of India. So all official papers and business had to be brought to notice to all the members of the council. This was an inconvenient and cumbersome system that got changed due to the introduction of portfolio system as outlined below:

• Each member of the council was responsible for the portfolio he was allocated and his department.

• This laid the foundation for the cabinet government of India, where each administrative branch had its own head.

• The routine matters were disposed of by the council member who headed the department, and more important matters were decided upon after consulting the Governor-General.

• The executive council as a whole only decided on matters of general policy.

• The decentralised government ran more efficiently.

How Have the Legislative Functions of the Council Changed?

• It was decided that the executive council of the Governor-General would be expanded and that the council members should not be less than six or more than 12. These members were referred to as "additional members" and did not possess significant powers as far as legislation was concerned.

• These additional members were nominated by the Governor-General and held the office for a period of 2 years.

• Out of these additional members, at least half of them had to be non-official (Indian or English).

• This was the foundation of the legislative system where legislative non-official members were added to the governor general's council.

• An extraordinary member of the council was decided upon, which was the commander-in-chief.

• Bills related to religion, public revenue or debt, military, foreign nationals, and naval could not be passed without the approval of the Governor-General (Though the crown could dissolve any such act by acting through the secretary of State of India).

• The Act had provisions for the Viceroy to overrule the council on matters he deemed necessary. 

• In case of emergency, the Governor-General could issue ordinances without the consent of the legislative council.

Regaining of Powers by the Bombay and Madras Presidencies 

• The legislative powers of The Bombay and Madras presidencies had lapsed after the Charter Act of 1933 was passed. 

• The Indian Council Act 1861 brought back those powers to these two presidencies. 

• By the 1861 Act, the Calcutta presidency obtained the power to create laws for entire British India. The Bombay and Madras legislative councils had the power to make laws for their respective presidencies.

• The laws passed by the provincial councils were valid only after the governor-general gave his assent.

• It was obligatory for the provincial councils to receive prior approval of the Governor-General in certain matters like posts and telegraphs, currency, military, naval, etc.

• Forming legislative councils in other provinces:

• The Governor-General owned the power to create new provinces for legislative purposes and also appoint lieutenant governors for the newly created provinces.

• Under the provision in the 1861 act, legislative councils were established in Bengal in 1862, in North Western Province (which is now Uttar Pradesh) in 1866, and in Punjab in 1897.

Significance of The Indian Council Act 1861

This Indian Council Act gradually constructed and consolidated the government's mechanical framework.

• A common system was created where the three separate presidencies (Bombay, Bengal, and Madras) were brought together.

• The Act permitted the principle of identifying the needs of the locals and welcoming local knowledge. Due to this, local councils could be created where even Indian members were admitted and allowed to advise.

• The Viceroy had the power to control the council.

• The Act established legislative devolution by giving legislative powers to Madras and Bombay governments and also giving provision for the construction of similar legislative councils in other provinces.

Some Interesting Facts About Indian Council Act 1861

• The non-official members of the council were not very keen on attending the meetings of the executive council, nor were they bound by law to attend them.

• Lord Curzon nominated the first three Indian members in 1862, and they were Raja of Benaras, Sir Dinkar Rao, and the Maharaja of Patiala.

• Because of the Indian Council Act of 1861, the number of non-official Indian members in the council increased to 45 members between 1862 and 1892.

• This Act enabled people to put forth their issues in front of the government.

The great revolt of 1857 required some sweeping changes in the Indian constitution, which were geared towards establishing a close connection with Indian public opinions. The Charter Act of 1833 centralized the legislation, which gave way to many issues like the council's ignorance of the conditions existing in various parts of the vast country made it ill-fitted to make the right decisions and the legislative council at the centre dealt with all matters, big or small, for the entire nation.

Due to the above conditions, the council had no time nor the will to lay down and implement any common legislative standards across the country. The presidencies were dissatisfied due to a lack of legal power. The Indian public demanded more of their representation in the government and was clamouring for substantial changes in the way the Indian government operated.