The Government of India Act of 1858 (Starting point of Third Phase of Indian Constitutional History)

Third Phase:1858 to 1919: End of Company’s Rule: The Direct British Rule:
The Government of India Act 1858
This significant Act was enacted in the wake of Revolt of 1857- which is also known as the First War of Independence or the “Sepoy mutiny”.
This Sepoy Mutiny was an unsuccessful rebellion against British rule in India in 1857-59 begun in Meerut by the Indian troops in the services of the British East India Company, it spread to Delhi, Agra, Kanpur and Lucknow.
This Act abolished the East India Company and transferred Government of India from the Company to the British Crown.
India henceforth to be governed by and in the name of Her Majesty.
The transfer of company’s government to the British Crown was announced by a “Royal Proclamation” made by the Queen of England.
Under this Act, the Board of Control and the Court of Directors were abolished and their powers were transferred to one of Her Majesty’s Secretary of the State.
It changed the designation of the Governor-General of India to that of Viceroy of India.
The Viceroy was the direct representative of the British Crown in India. Lord Canning, became the First Viceroy of India.
It created a new office, Secretary of State for India.
The powers of the crown were to be exercised by the Secretary of the State for India who was a member of the British Cabinet and was responsible ultimately to the British Parliament.
The Secretary was required to submit to British Parliament annually a statement of the moral and material progress of India.
And to do all these functions the Secretary was assisted by a Council of 15 members. This Council of 15 members was known as the “Council of India”.
In this Council initially eight of its members were to be appointed by the Crown whereas the remaining seven members were to be elected by the Court of Directors.
All the future vacancies in the Council of India were to be filled up by the Crown of England.
The Council was an advisory body. The Secretary of State was made the Chairman of the Council.
The Law member and the Advocate-General or the Governor-General-in-Council of India were to be appointed by the King.
This Act constituted the Secretary of State in Council as a body Corporate, capable of suing and being sued in India and in England.
Limitations of The Government of India Act, 1858
1. This Act of 1858 was confined to the improvement of the administrative machinery by which the Indian Government was to be supervised and controlled from England.
2. It did not alter in any substantial way the system of Government that prevailed in India.
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