Mains Daily Question
March 13, 2024
Q2. Indian Councils Act of 1861 failed to meet the aspirations of Indian nationalists. What were the limitations of the Act? (10M, 150W)
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Approach to the answer: The question is straightforward and asks us about the limitations of the Indian Councils Act of 1861. Here we first need to state major provisions of the act (in brief) and then state its limitations. Introduction: We can introduce the answer by either stating what led to the passage of Indian Councils Act of 1861 or we can also introduce by highlighting major provisions of the act. Body: The directive used in the question is ‘what’, thus, we should answer the question directly. There are two dimensions to the question. One explicit (limitations of the 1861 act) and other implicit (stating provisions of the 1861 act). We can start by stating the provisions of Indian Councils Act to give a context and then start listing the limitations of the act. Conclusion: We can conclude by either summarizing the arguments of the body section or stating a few positives of the act or its significance in Indian political and constitutional development. |
Answer: Shocked by the Revolt of 1857, the British believed that Indians' concerns needed to be given a platform. Thus, the Indian Council Act of 1861 was passed.
Major Provisions of Indian Council Act, 1861:
- Non-Officials in Legislative Body: The 1861 Act accepted the principle of representatives of non-officials in legislative bodies. This means that Indians could now be part of legislative bodies.
- Introduction of Legislative Deliberation: Laws were to be made after due deliberation, and as pieces of legislation they could be changed only by the same deliberative process.
- Introduction of Portfolio System: The portfolio system laid the foundations of cabinet government in India, each branch of the administration having its official head and spokesman in the government, who was responsible for its administration.
- Foundation for Legislative Devolution: The Act by vesting legislative powers in the Governments of Bombay and Madras and by making provision for the institution of similar legislative councils in other provinces laid the foundations of legislative devolution.
Limitations of Indian Council Act, 1861:
- No Important Powers: The councils cannot discuss important matters and no financial matters at all without previous approval of the government. Also, it had more of an advisory role.
- For instance, the council had no control over the budget. They could not discuss executive action, nor could they pass a bill without the viceroy’s approval.
- No Proper Indian Representation: Indians who were approved to be the members of the legislative council were mostly British friendly and were members of elite sections only.
- For instance, only a handful of political figures and independent intellectuals such as Syed Ahmed Khan (1878-82), Kristodas Pal (1883), K.L. Nulkar (1890-91) and Rash Behari Ghosh (1892) were nominated.
- Viceroy’s Overrule: The Viceroy had the authority to overrule the council if deemed necessary, giving the British government a degree of control over legislative decisions.
- Ulterior Motive: The British decided to add Indians in order to represent Indian views. But, in practice, the Council did not even serve this purpose.
- For instance, Indian members were few in number — in thirty years, from 1862 to 1892, only forty-five Indians were nominated to it.
Despite limitations, the Indian Council Act of 1861 proved to be a watershed moment in India’s constitutional and political history. By involving Indians into legislation, the seeds of representative democracy were sowed deep in India.
