Concepts

Indian Councils Act, 1861

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At a glance
SubjectHistory

Definition

A British law that began the association of Indians with law-making and started the process of decentralisation by restoring legislative powers to the provinces, passed after the Revolt of 1857.

Key points

  • For the first time associated Indians with the legislative process: the Viceroy could nominate some non-official Indian members to his expanded legislative council; Lord Canning nominated three Indians in 1862, including the Raja of Benares.
  • Restored legislative powers to the Bombay and Madras Presidencies, beginning the policy of legislative devolution that had been reversed by the Charter Act of 1833.
  • Provided for new legislative councils in Bengal, the North-Western Provinces, and Punjab (established later).
  • Gave statutory recognition to the "portfolio system" introduced by Lord Canning, under which each member of the Viceroy's council was placed in charge of a department.
  • Empowered the Viceroy to issue ordinances, without the concurrence of the legislative council, during an emergency.

Why it matters for CAPF

It marks the first inclusion of Indians (nominated) in law-making and the start of decentralisation, both standard constitutional-development milestones.

Common confusion

The 1861 Act introduced only nominated non-official Indians, not election; the elective principle came with the Indian Councils Act of 1892.

One-line recall

1861: first nominated Indians in law-making; began decentralisation; recognised the portfolio system.

Parent note

rise of nationalism moderates and extremists

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