Administrative & Legislative Reforms After 1857

Government of India act, 1858

British Crown decided to assume sovereignty over India from the East India Company in an apparent consequence of the Revolt of 1857, described as an armed sepoy mutiny by the British historians and remembered as the First War of Independence by the Indians. 

The first statute for the governance of India, under the direct rule of the British Government, was the government of India Act, 1858.

It provided for absolute (British) imperial control over India without any popular participation in the administration of the country.

The powers of the crown were to be exercised by the Secretary of state for India, assisted by a council of fifteen members, known as the council of India.

The country was divided into provinces headed by a Governor or Lieutenant – Governor aided by his Executive Council.

The provincial Governments had to function under the superintendence, direction and control of the Governor – General in all matters.

All the authority for the governance of India was vested in the Governor General in Council who was responsible to the Secretary of State.

The Secretary of state was ultimately responsible of the British parliament.

Indian Councils Act, 1861

Ø  This is an important landmark in the constitutional history of India. By this Act, the powers of the crown were to be exercised by the Secretary of State for India, assisted by a council of fifteen members (known as the Council of India). The Secretary of state, who was responsible to the British Parliament, governed India through the Governor General, assisted by an Executive council.

Ø  This Act enabled the Governor General to associate representatives of the Indian people with the work of legislation by nominating them to his expanded council.

Ø  This Act provided that the Governor General’s Executive Council should include certain additional non- official members also while transacting legislative   business as a legislative Council. But this Legislative Council was neither representative nor deliberative in any sense.

Ø  It decentralized the legislative powers of the Governor General’s Council and vested them in the Governments of Bombay and Madras.

Indian Councils Act, 1892

Ø  The non-official members of the Indian Legislative Council were to be nominated by the Bengal Chamber or Commerce and the Provincial legislative Councils while the non-official members of the Provincial Councils were to be nominated by certain local bodies such as universities, district boards, municipalities, zamuindars etc.

Ø  The Council was to have the power of discussing the Budget and addressing questions to the Executive.