1858 act

Dalhousie policy of frequent wars and
annexation created discontentment among the
army as well as the native rules of India.
The presidency governments were also not happy
about centralization of legislative powers in
the Governor General-in-Council.
Transfer of Power
It is significant to note that the process of
transfer of power from the Company to the
Crown had already began even since the
enactment of first Charter Act.
• 1600-1772
• 1773, 1784, 1793, 1813, 1833 and 1853 3

Government of India Act 1858
4

Company’s territories in India placed under the
direct control of Crown.
Governor General of India received the title of
Viceroy and he became direct representative of
Crown.
The Act introduced two important changes
1. Home Government
2.The Government of India

Changes in Home Government
The Act abolished the both, the Board of
Control and Court of Directors.
A Special Secretary of State appointed for
Indian affairs and all powers transferred to
him.
A fifteen members Council created in England to
assist Secretary of State for Indian affairs.
Eight out of fifteen members of this Council of
India were appointed by the Crown and rest of
seven were to be elected by the Court of
Directors. 6

• Council was to meet at lest once in a week and
its quorum was five.
• The secretary of State was required to place a
financial statement of expenditure and
revenues before the Parliament every year.
• He was also to report on the moral and material
progress of the Country.
7

Changes in the Government of India.
The Governor General of India and Governors of
the presidencies were to be appointed by the
Crown and members of the Councils by the
Secretary of Sate for Indian affairs.
The military and naval forces of the Company were
transferred to the Crown.
All treaties made by the Company were to be
binding on the Crown.
8

Dissatisfaction of Presidencies regarding their
legal power and they were demanding more
participation from presidencies.
The demand of the Indian public for some
substantial changes in the Governmental
machinery of India.
Disputes between Madras Government and
Supreme Court.
10

Changes in Central Executive
Changes in Central Legislative
Changes relating to Provinces
11

Changes in Central Executive
12

The Act enlarged the Executive Council of the
Governor General and the Act provided that it
shall consist of five members, 3+2
Three ordinary members, one law member and
one finance member.
Commander-in-Chief was appointed as an
Extraordinary member of E.C.
He was also empowered to appoint a president to
preside over the meeting of the Council in his
absence.

The Governor General had power to overrule the
majority in the Council in matters of safety
and interests of British possessions in India.
Governor General got complete authority to divide
or alter the limits of any presidency or
territory.
Government of India became a Cabinet
Government presided over by a Governor
General.
First time portfolio system introduced in India
14

Changes in Central Legislative
Council
15

For the purposes of making law the Act
empowered the Governor General to enlarge
his Council by adding not less than 6 and not
more than 12 members.
Not less than one half of the members were to
be non-officials.
There were 45 Indians nominated as additional
non-official members from 1862 to 1892.
New Legislative Council was authorized to make
laws for all people, Indians, British and
foreigners and for all the courts of justice
and the public servants within the territories of
British India.

The assent of the Governor General was required for
every Act passed by the Council, and any such Act
would be disallowed by Her Majesty, acting through
the Secretary.
The Governor General was also empowered to issue
ordinances. independently which were to remain in
force for six months unless disallowed by the
crown.

Changes relating to Provinces
18

The Act restored the Legislative powers of the
Provincial Legislature of Bombay and Madras.
For the purpose of making Laws the Executive
Council of Governor enlarged by an addition of 4
to 8 members for a term of two years.
The Provincial councils, not empowered to take
into consideration any of the law relating to
army, foreign and political affairs, customs,
coinage and currency, Penal Code, religion and
on communication system without prior sanction
of the governor General.

The local legislature had no power to control or
effect by their Acts, the jurisdiction or
procedure of High Courts.
The Indian Civil Service Act
Indian High Courts Act, 1861
The Indian High Courts Act reorganized the judicial
organization in India by uniting the company’s
Courts and the King's Courts.
Three Presidency High Courts of Calcutta, Bombay,
and Madras were established in the place of old
Supreme Court and Sadar Courts

1858 act

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1858 act