1861 indian councils act

1861 indian councils act

• 1.
  1861 Indian CouncilsAct
• 2.
  Dissatisfaction of Presidenciesregarding their legal power and they were demanding more participation from presidencies. The demand of the Indian public for some substantial changes in the Governmental machinery of India. Disputes between Madras Government and Supreme Court. 2
• 3.
  Changes in CentralExecutive Changes in Central Legislative Changes relating to Provinces 3
• 4.
  Changes in CentralExecutive 4
• 5.
  The Act enlargedthe Executive Council of the Governor General and the Act provided that it shall consist of five members, 3+2 Three ordinary members, one law member and one finance member. Commander-in-Chief was appointed as an Extraordinary member of E.C. He was also empowered to appoint a president to preside over the meeting of the Council in his absence.
• 6.
  The Governor Generalhad power to overrule the majority in the Council in matters of safety and interests of British possessions in India. Governor General got complete authority to divide or alter the limits of any presidency or territory. Government of India became a Cabinet Government presided over by a Governor General. First time portfolio system introduced in India 6
• 7.
  Changes in CentralLegislative Council 7
• 8.
  For the purposesof making law the Act empowered the Governor General to enlarge his Council by adding not less than 6 and not more than 12 members. Not less than one half of the members were to be non-officials. There were 45 Indians nominated as additional non-official members from 1862 to 1892. New Legislative Council was authorized to make laws for all people, Indians, British and foreigners and for all the courts of justice and the public servants within the territories of British India.
• 9.
  The assent ofthe Governor General was required for every Act passed by the Council, and any such Act would be disallowed by Her Majesty, acting through the Secretary. The Governor General was also empowered to issue ordinances. independently which were to remain in force for six months unless disallowed by the crown.
• 10.
  Changes relating toProvinces 10
• 11.
  The Act restoredthe Legislative powers of the Provincial Legislature of Bombay and Madras. For the purpose of making Laws the Executive Council of Governor enlarged by an addition of 4 to 8 members for a term of two years. The Provincial councils, not empowered to take into consideration any of the law relating to army, foreign and political affairs, customs, coinage and currency, Penal Code, religion and on communication system without prior sanction of the governor General.
• 12.
  The local legislaturehad no power to control or effect by their Acts, the jurisdiction or procedure of High Courts. The Indian Civil Service Act Indian High Courts Act, 1861 The Indian High Courts Act reorganized the judicial organization in India by uniting the company’s Courts and the King's Courts. Three Presidency High Courts of Calcutta, Bombay, and Madras were established in the place of old Supreme Court and Sadar Courts