Charter Act of 1853
This was the last of the series of Charter Acts passed by the British
Parliament between 1793 and 1853. It was a significant constitutional
landmark.
Features of the Act
1. It separated, for the first time, the legislative and executive functions of
the Governor-General’s council. It provided for addition of six new
members called legislative councillors to the council. In other words, it
established a separate Governor-General’s legislative council which came
to be known as the Indian (Central) Legislative Council. This legislative
wing of the council functioned as a mini-Parliament, adopting the same
procedures as the British Parliament. Thus, legislation, for the first time,
was treated as a special function of the government, requiring special
machinery and special process.
2. It introduced an open competition system of selection and recruitment of
civil servants. The covenanted civil service3 was thus thrown open to the
Indians also. Accordingly, the Macaulay Committee (the Committee on
the Indian Civil Service) was appointed in 1854.
3. It extended the Company’s rule and allowed it to retain the possession of
Indian territories on trust for the British Crown. But, it did not specify any
particular period, unlike the previous Charters. This was a clear indication
that the Company’s rule could be terminated at any time the Parliament
liked.
4. It introduced, for the first time, local representation in the Indian (Central)
Legislative Council. Of the six new legislative members of the governorgeneral’s
council, four members were appointed by the local (provincial)
governments of Madras, Bombay, Bengal and Agra.
THE CROWN RULE (1858–1947)
Government of India Act of 1858
This significant Act was enacted in the wake of the Revolt of 1857—also
known as the First War of Independence or the ‘sepoy mutiny’. The act
known as the Act for the Good Government of India, abolished the East
India Company, and transferred the powers of government, territories and
revenues to the British Crown.
Features of the Act
1. It provided that India henceforth was to be governed by, and in the name
of, Her Majesty. It changed the designation of the Governor-General of
India to that of Viceroy of India. He (viceroy) was the direct
representative of the British Crown in India. Lord Canning thus became
the first Viceroy of India.
2. It ended the system of double government by abolishing the Board of
Control and Court of Directors.
3. It created a new office, Secretary of State for India, vested with complete
authority and control over Indian administration. The secretary of state
was a member of the British cabinet and was responsible ultimately to the
British Parliament.
4. It established a 15-member Council of India to assist the secretary of state
for India. The council was an advisory body. The secretary of state was
made the chairman of the council.
5. It constituted the secretary of state-in-council as a body corporate, capable
of suing and being sued in India and in England.
‘The Act of 1858 was, however, largely confined to the improvement of
the administrative machinery by which the Indian Government was to be
supervised and controlled in England. It did not alter in any substantial way
the system of government that prevailed in India4.’
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 transaction 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.
Features of the Act of 1892
1. It increased the number of additional (non-official) members in the
Central and provincial legislative councils, but maintained the official
majority in them.
2. It increased the functions of legislative councils and gave them the power
of discussing the budget5 and addressing questions to the executive.
3. It provided for the nomination of some non-official members of the (a)
Central Legislative Council by the viceroy on the recommendation of the
provincial legislative councils and the Bengal Chamber of Commerce,
and (b) that of the Provincial legislative councils by the Governors on the
recommendation of the district boards, municipalities, universities, trade
associations, zamindars and chambers.
‘The act made a limited and indirect provision for the use of election in
filling up some of the non-official seats both in the Central and provincial
legislative councils. The word “election” was, however, not used in the act.
The process was described as nomination made on the recommendation of
certain bodies6.’
