The Indian Council Act of 1861

The Indian Council Act of 1861
After the great revolt of 1857, the British Government felt the necessity of seeking the cooperation of the Indians in the administration of their country.
In pursuance of this policy of association, three acts were enacted by the British Parliament in the year 1861, 1892 and 1909.
The Indian Council Act of 1861 is an important landmark act in the constitutional and political history of India, because it provided India with the framework of Government which lasted upto the present time.
Under this Act Indians were for the first time associated with the work of legislation.
It provided that the Viceroy should nominate some Indians as non-official members of his expanded council.
In the year 1862, Lord Canning, the then Viceroy, nominated three Indians to his legislative council
a. The Raja of Banaras;
b. The Maharaja of Patiala; and
c. Sir Dinkar Rao.
It initiated the process of decentralization by resorting the legislative powers to Bombay and Madras Presidencies. Earlier we has studied that the Charter Act of 1833 deprived the Governors of Bombay and Madras of their legislative powers.
It also provided for the establishment of new legislative council
a. of Bengal, (established in the year 1862);
b. North-Western Provinces ( established in the year 1886); and
c. Punjab ( Established in the year 1897)
It empowered the Viceroy to issue ordinances without the concurrence of the legislative council during an emergency. The life of such an ordinance was of 6 months.
In addition to this, Viceroy had the power to Veto any Bill.
Under this act, the Provincial Legislatures were not empowered to make any laws that might alter the Acts of Central Legislature.

Limitations of this Act:
1. It gave unlimited powers to the Viceroy.
2. The non-official members had no right in the council. They could not ask questions and discuss on the Budget.
3. The non-official members were used to be the native Princes or Zamindars. They were not the men of intelligence and had absolutely no interest in the legislation for India.
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