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Old Thursday, December 15, 2011
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Default Indian Council Act, 1861

Indian Council Act, 1861


Background

On August 2, 1858 British Parliament passed a law for complete takeover of all rights of the East India Company over India. Post of Secretary of State for India was created through the cabinet. The Secretary of State for India was empowered about government and revenues of India. On November 1, 1858 Queen Victoria issued a proclamation for the assumption of control of India by the British Crown. Lord Canning, Governor General of India was given the title of “Viceroy.” He continued in office but not as the Company’s representative but direct representative of British Crown. Moreover armies of the Company came under British Control.

Sir Syed Ahmed Khan had indicated in the causes of the Indian Revolt several weaknesses of the Government in the running of administration of the country. He advised the British Government to include the Indian people in the administration of the country so that the people’s mistrust and fear could be minimized. He advised the Government to give representation to the local people in the Legislative Councils to create sentiments of loyalty among their subjects.

Legislative Councils Act, 1861

The first ever constitutional structure was formulated in 1861. The British Government passed the Legislative Councils Act to introduce better provisions for the Governor-General’s Council and for Local Government.
According to this Act:

· The Indian people were included in the Governor-General’s Council for the first time in the history of India.
· The number of the members of the Legislative Councils was increased.
· The Governor was given authority to nominate at least six persons to his Council.
· The Legislative Council was to make laws.
· The nominated members were not authorized to criticize the actions of the Council and also could not put questions to the members of the Councils about the functions of the Legislative Council.
· The Governor-General could issue ordinances and was authorized to veto provincial legislation.

The enforcement of Legislative Council Act of 1861 was the first step taken for the constitutional reforms in India. It provided, in spite of its limited scope, an opportunity to the Indian People to safeguard their political interests. Sir Syed Ahmed Khan was nominated as the member of Legislative Council under the Act of 1861.
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