Indian Councils Act 1861

Decentralization of power begins.

Significance

Moderates wanted powers over the State. Thus we must understand what the State was at the time.

• Secretary of State for India was Charles Wood
• govt of india should be a despotism (dictator) controlled from home (i.e. britain)
• this was fundamental till 1947

Features of Act

• created Indian Legislative Council (ILC) and Viceroy Executive Council (VEC) from the viceroy’s council
  • both were under viceroy
• created Governor Executive Council (GEC) and Provincial Legislative Council (PLC) from the gov council
• size of viceroy exec council was 5
  • in 1874 one member added
• 6-12 additional law members (nominated), of which half must be non officers (earlier, all were officers)
  • $\therefore$ grain of popular elements was introduced
  • representative governance was seen as the non officer lawmaker can be indian as well
• 1862: 3 indians nominated to ILC (all elites). brits wanted coop of elite indians as in 1857 revolt, elites were loyal (similar to divide and rule as in Permanent Settlement System 1793)
  • Raja of Benaras
  • Maharaja of Patiala
  • Sir Dinkar Rao
• until ICA 1892, only 45 indians
  • mainly zamindars & moneylenders from the British Indian Association
  • some rulers from 565 princely states
  • british businessmen (those loyal in 1857)

Powers of ILC

• w/o approval of Viceroy, no discussion, introduction of bills
• veto powers over bills to viceroy
• ILC not a small model parliament as small size
  • only nominated members and no control over executive

Executive

• legal recognition to 1859 portfolio system
  • i.e. allocation of departments to members of VEC (viceroy executive council)
• ordinance power to Viceroy
  • links to Ordinance

Provinces

• provisions similar to ILC
• Federalism:
  • decentralization began from center to provinces as legis powers of Bombay, Madras restored
  • new PLC for Bengal, Punjab, NWP 1836 (set up in 1862, 1886, 1886, 1887)

Powers of Viceroy

• create new provinces and appoint LG
  • similar to present day President powers
• frame rules for ILC, VEC, PLC, GEC and nominate non-official members of PLC
  • unitary feature!
  • rules for even province or governor council are being framed by Viceroy
• approval for introduction of some bills
  • links to present day Article 304
  • see legislative powers under Powers
• No separate provincial budget
  • only one budget for india