Indian Councils Act of 1861, 1892 and 1909

Indian Councils Act of 1861, 1892 and 1909
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 1861, 1892 and 1909. The Indian Councils Act of 1861 is
an important landmark in the constitutional and political history of India.
Features of the Act of 1861
1. It made a beginning of representative institutions by associating Indians with the law-making
process. It thus provided that the viceroy should nominate some Indians as non-official
members of his expanded council. In 1862, Lord Canning, the then viceroy, nominated three
Indians to his legislative council—the Raja of Benaras, the Maharaja of Patiala and Sir
Dinkar Rao.
2. It initiated the process of decentralisation by restoring the legislative powers to the Bombay
and Madras Presidencies. It thus reversed the centralising tendency that started from the
Regulating Act of 1773 and reached its climax under the Charter Act of 1833. This policy of
legislative devolution resulted in the grant of almost complete internal autonomy to the
provinces in 1937.
3. It also provided for the establishment of new legislative councils for Bengal, North-Western
Frontier Province (NWFP) and Punjab, which were established in 1862, 1866 and 1897
respectively.
4. It empowered the Viceroy to make rules and orders for the more convenient trans-action of
business in the council. It also gave a recognition to the ‘portfolio’ system, introduced by Lord
Canning in 1859. Under this, a member of the Viceroy’s council was made in-charge of one or
more departments of the government and was authorised to issue final orders on behalf of the
council on matters of his department(s).
5. It empowered the Viceroy to issue ordinances, without the concurrence of the legislative
council, during an emergency. The life of such an ordinance was six months.