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1861 indian councils act

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Domodaram Sanjivayya National Law University

The 1861 Indian Councils Act made several changes to the central and provincial governments in British India. It enlarged the Governor General's Executive Council to 5 members including 3 ordinary members, 1 law member, and 1 finance member. It also empowered the Governor General to appoint 6 to 12 additional members to the new Central Legislative Council, at least half of whom had to be non-official Indians. The act also restored legislative powers to the provincial legislatures of Bombay and Madras by enlarging their executive councils by 4 to 8 members for 2-year terms, though their lawmaking was subject to the Governor General's sanction.

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1861 Indian Councils Act
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. 2
Changes in Central Executive Changes in Central Legislative Changes relating to Provinces 3
Changes in Central Executive 4
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 6
Changes in Central Legislative Council 7
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 10
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

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1861 indian councils act

  • 2. 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. 2
  • 3. Changes in Central Executive Changes in Central Legislative Changes relating to Provinces 3
  • 4. Changes in Central Executive 4
  • 5. 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.
  • 6. 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 6
  • 7. Changes in Central Legislative Council 7
  • 8. 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.
  • 9. 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.
  • 10. Changes relating to Provinces 10
  • 11. 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.
  • 12. 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