Introduction

The Indian Councils Act 1861 was an Act of the Parliament of the United Kingdom that
transformed the Viceroy of India's executive council into a cabinet run on the portfolio
system.1 This cabinet had six "ordinary members", who each took charge of a separate
department in Calcutta's government: home, revenue, military, law, finance, and (after 1874)
public works. The military Commander-in-Chief sat in with the council as an extraordinary
member. The Executive Council was enlarged by addition of fifth member as Jurist. The
Viceroy was allowed, under the provisions of the Act, to overrule the council on affairs if he
deemed it necessary, as was the case in 1879, during the tenure of Lord Lytton.The Viceroy
was allowed to issue ordinances lasting six months if the Legislative Council is not in session
in an emergency.

The Secretary of State for India, Sir Charles Wood, believed that the Act was of immense
importance: "the act is a great experiment. That everything is changing in India is obvious
enough, and that the old autocratic government cannot stand unmodified is indisputable." 2
The 1861 Act restored the legislative power taken away by the Charter Act of 1833. The
legislative council at Calcutta was given extensive authority to pass laws for British India as a
whole, but the legislative councils at Bombay and Madras were given the power to make laws
for the "Peace and good Government" for only their respective presidencies.The Governor

1 Encyclopdia Britannica article concerning this Act

2 Sen, S. N. (2006). History Modern India. New Delhi: Newage International. p. 110. ISBN 81-224-1774-4
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General was given the power to create new provinces for legislative purposes and could
appoint Lieutenant Governors for the provinces.3
However, from India's point of view, the act did little to improve the influence of Indians in
the legislative council. The role of council was limited to advice, and no financial discussion
could take place.

Position before passing of the act

The Indian Councils Act 1861 was an Act of the Parliament of the United Kingdom.
1. This act is known to have made notable changes in the composition of the Governor
Generals council for executive & legislative Purposes.
2. The council of the Governor General of India performed dual functions of executive
and legislature.
3. For executive functions the notable change was that Council of the Governor General
was expanded and a fifth member of law (Five members: home, revenue, military,
law, finance, and after 1874, 6th member of public work) was added.Withthe Indian
Councils Act for the first time Portfolio system started (Cabinet type). Each member
of the Council of the Governor General was allocated portfolio of a particular
department. Lord Canning was the First to start a Portfolio system.

3 "History of State Legislature". Tamil Nadu Legislative Assembly, Government of Tamil Nadu, Chennei.
Retrieved 11 February 2010.

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4. For the purpose of Legislation, the Governor Generals Council was restructured and
enlarged. Now the additional new NOT less than 6 and NOT more than 12 members
were now to be nominated by the Governor General and they were to hold the office
for two years. Out of these, not less than half were required to be Non-Official
(English or Indian). This was a beginning towards the establishment of legislative
system by adding legislative non official members to the Council of the Governor
General. However, the functions were limited to the legislation and it had not to do
any other function except the consideration or enactment of legislative measures.
5. It was laid down that without the assent of the Governor General a bill relating to the
public revenue or debt, religion, military, naval or foreign relations cannot be passed.
However, any such act might be dissolved by the crown acting through the secretary
of State of India.
6. The Viceroy was allowed, under the provisions of the Act, to overrule the council on
affairs if he deemed it necessary as was the case in 1879, during the tenure of Lord
Lytton.
7. The Governments of Madras and Bombay were deprived of their power of legislation
by Charter act of 1833. The Indian Councils Act 1861 restored the power of
legislation to the governor-in-councils of Madras and Bombay in respective matters.
The legislative council at Calcutta was given extensive authority to pass laws for
British India as a whole, while the legislative councils at Bombay and Madras were
given the power to make laws for the Peace and good Government of their
respective presidencies.

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8. The act also laid down the provision for the formation of legislative councils in other
provinces.
9. The Governor General was given the power to create new provinces for legislative
purposes. He also could appoint Lt. Governors for the same
10. Imperial legislative Council was merely an advisory body.
The Secretary of State for India at the time the Act was passed, Sir Charles Wood,
believed that the Act was of immense importance: the act is a great experiment. That
everything is changing in India is obvious enough, and that the old autocratic
government cannot stand unmodified is indisputable.
However from Indias point of view the act did little to improve the influence of
Indians in the legislative council. The role of council was limited to advice. No
financial discussion could take place.

Changes after commencement of the act

The significance and changes after the Indians Councils Act of 1861 lies in the facts that are
as follows:-

(a.) It laid down the gradual construction and consolidation of the mechanical framework of
the government.
(b.) Due to this Act three separate presidencies were brought into a common system.
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(c.) The legislative and the administrative authority of the Governor-General in-Council, was
asserted over all the provinces and extended to all the inhabitants.
(d.) By this act the local needs and the growth of the local knowledge were emphasized.
(e.) The Act of 1861 vested the legislative authority in the Governments of Bombay
and Madras.
(f.) It also laid the provision for the creation of similar legislative council in other provinces
too. As a result it laid the foundation of legislative devolution culminating in the grants of
autonomy to the provinces by the Government of India Act, 1935.

1. Transferred powers from the East India Company to the Crown.The Companys
territories in India were to be vested in the Queen. India was to be governed in the
Queens name.
2. All the property of the East India Company was transferred to the Crown. The Crown
also assumed the responsibilities of the Company as they related to treaties, contracts,
and so forth
3. A member of British Parliament was made secretary of state of India to exercise
powers on behalf of the Crown and was responsible to the British Parliament.
4. The Crown was empowered to appoint a Governor-General and the Governors of the
Presidencies.
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5. Provision for the creation of an Indian Civil Service under the control of the Secretary
of State.
6. The Governor General for India was provided with an Executive Council, whose
decision he was empowered to override.
The Act ushered in a new period of Indian history, bringing about the end of Company
rule in India. The era of the new British Raj would last until Partition of India in
August 1947, at which time all of the territory of the Raj was granted dominion status
within the Dominion of Pakistan and the Union of India.

Main features of the act

Expansion of executive council of Governor General / Viceroy
The executive council of Governor General was added a fifth member. For legislative
purpose, a provision was made for an addition of 6 to 12 members to the central executive. At
least half of the additional members were to be non-officials. These members were nominated
by the Viceroy for the period of two years. Further, the Governor General / Viceroy had been
given some more powers such as: He was authorized to nominate a president to preside over
the meetings of the Executive council in his absence.
He had the power of making rules and regulations for the conduct of business of executive
council. He could create new provinces for legislative purposes and to appoint Lieutenant
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Governors for them. He was also empowered to alter, modify or adjust the limits of the
provinces. He could promulgate ordinances, without the concurrence of the legislative
council, during and emergency. Though the central council was empowered to legislate on all
subjects concerning all persons and courts in British India but every bill passed required the
assent of viceroy. He could withhold his assent or exercise his veto power if he felt that the
bill affected the safety, peace and interest of British India.
He had to communicate all laws to secretary of state for India who could disallow
them with the assent of the crown. Introduction of Portfolio System The Act empowered the
Governor-General to delegate special task to individual members of the Executive council
and hence all members have their own portfolio and death with their own initiative with all
but the most important matters. This was the first beginning of Portfolio system in India.
Process of Decentralization .
The Governments of Bombay and Madras were given the power of nominating AdvocateGeneral and not less than and not more than 8 additional members of the Executive council
for purpose of legislation.
These additional members were to hold office for two years. The consent of the
Governor and the Governor-General was made necessary for all legislation passed or
amended by the Governments of Madras and Bombay. Further, the act provided for the
establishment of new legislative councils for Bengal, North-Western Frontier Province and
Punjab, which were established in 1862, 1866, and 1897 respectively. No distinction between
Central and Provincial subjects No distinction was made between the central and provincial
subject. But measures concerning public debt, finances, currency, post-office, telegraph,
religion, patents and copyrights were to be ordinarily considered by the Central Government.

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Defects in the act

Though the Indian Councils Act of 1909 was an improvement over the Indian Councils Act of
1892, but it did not satisfy the Indians, especially the extremists. The enlargement in the size
and the power of the legislative councils was too late and too little. Moreover, the Act of 1909
was no nearer to the congresss demands of Swaraj. The narrow restrictive and discriminatory
franchise created no admirers among the Indians. The Act of 1909 created, to a great extent, a
bureaucratic state. In the Act, the officials were either in majority in the legislative councils or
could be made so. Thus, the Act of 1909 provided the people only a shadow of reforms.

The greatest demerit of the Act of 1909 was the introduction of the system of separate
electorates on grounds of religion. The Act sought to divide the people of India into Hindus
and Muslims, into watertight compartments, putting one religion against the other. As a
result, there arouse demands of separate electorates by other communities.

Conclusion
The Act of 1861 was important in the constitutional history because it enabled the GovernorGeneral to associate the people of the land with work of legislation. And by vesting
legislative powers in the Governments of Bombay and Madras which ultimately culminated
in grant of almost complete internal autonomy to the provinces in the 1937. However, the
legislative councils were merely talk shops with no power to criticize the administration or
ask for some information. Their scope was fixed in legislation purpose alone; they had no
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right to move some kind of vote of no confidence. Further, there was no statutory / specific
provision for the nomination of Indians. This nomination power of the Viceroy could be used
only to placate the princes who could help the British to keep their stronghold. Further, the
ordinance making power of the Governor General allowed him to make laws it his own
whim. In summary, the Indian Councils Act 1861 failed to satisfy the aspirations of the
people of India.

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