The evolution of British governance in India was marked by significant legislative measures such as the Government of India Act of 1858 and the Indian Councils Acts of 1861 and 1892. These acts transitioned administrative power from the East India Company to the British Crown, introduced decentralization, and laid the groundwork for limited Indian participation in legislative processes.

The Government of India Act of 1858

It is also referred to as the Act for the Good Government of India. This act was enacted to transfer the powers of government, administration, revenue, and territories from the East India Company to the British Crown. The act aimed to dissolve the East India Company, which was held responsible for the policies that led to the Revolt of 1857.

Government of India Act of 1858 Provisions

The provisions of the Act remained focussed on the dismantling of the East India Company to bring direct British rule over India. It removed certain policies like the Doctrine of Lapse and offered autonomy under British suzerainty to Indian princes.

Governance of Indian territories

The act dismantled the East India Company, bringing governance directly under British rule on behalf of the British Queen. It ended the dual system of government created by the Pitt’s India Act, dissolving both the Court of Directors and the Board of Control. Policies like the Doctrine of Lapse were abolished, offering Indian princes and chiefs the opportunity to retain autonomy if they acknowledged British suzerainty.

Secretary of state 

• New Office: The Court of Directors and the Board of Control were abolished, and a new position called the “Secretary of State for India” was introduced.
• Powers of the Secretary of State: The Secretary of State held full control over Indian administration, was a member of the British Cabinet, and was ultimately accountable to the British Parliament. He served as the main link between the British government and the Indian administration.
• Advisory Council: An Advisory Council consisting of 15 members was established to assist the Secretary of State, but it held no executive power.
• Designation Change: The Act changed the title of the Governor-General of India to Viceroy of India. The Viceroy was supported by an Executive Council. Lord Canning became the first Viceroy of British India.

Significance of Government of India Act of 1858

• Direct Rule: With the implementation of this act, direct British crown rule was established in India. The new era of the British Raj continued until India’s independence in August 1947.
• Focus on Administrative Machinery: The primary purpose of the Government of India Act, 1858, was to enhance the administrative machinery in England, aiming to tighten control over the Indian Government. However, it did not introduce significant changes to the existing system of governance in India.

The Charter Act of 1853 established the Indian (Central) Legislative Council. After the 1857 War of Independence, the British Government sought Indian assistance in administration. Three acts known as the Indian Councils Act were passed by the British Parliament in 1861, 1892, and 1909 to implement the “policy of association”, popularly known as Indian Councils Act.

Indian Councils Act 1861

The centralization of power reached its peak with the Charter Act of 1833. Following the ‘Revolt of 1857,’ the British Parliament enacted the ‘Government of India Act’ in 1858, marking the beginning of decentralization. The British, recognizing the need for Indian cooperation in administration, introduced the Indian Council Act in 1861.

Provisions of Indian Councils Act 1861

• • Decentralization: The process of decentralization began, with legislative powers being restored to the Bombay and Madras Presidencies.
  • Introduction of Representative Institutions: Representative institutions were introduced in India by involving Indians in the lawmaking process.
  • Non-Official Members: The Viceroy of India was given the authority to nominate Indians as non-official members in his expanded Legislative Council. In 1862, Lord Canning appointed three Indians—Raja of Benares, Maharaja of Patiala, and Sir Dinkar Rao— to the Council.

• New Legislative Bodies: New legislative bodies were established for Bengal, the North-Western Frontier Province (NWFP), and Punjab.

• Ordinance Power: The Viceroy was granted the power to issue ordinances during emergencies without the Council’s approval. However, such ordinances could not last for more than six months.
• Recognition of the Portfolio System: The ‘Portfolio system,’ introduced by Lord Canning in 1859, was officially recognized. This system, similar to the modern cabinet system, involved six members of the Executive Council overseeing different government functions. 

Significance of Indian Councils Act 1861

• Representative Institutions: It marked the initiation of representative institutions by involving Indians in the lawmaking process.

• Introduction of Decentralization: It reversed the centralization policy established under Company rule, which began with the Regulating Act of 1773 and reached its peak with the Charter Act of 1833. 

Criticism of Indian Councils Act 1861

The act was criticized and referred to as a “Toothless Tiger” for the following reasons:

• Limited Discussion: Financial matters could not be discussed in the legislative council without prior approval from the Government.
• Limited Scope: Key issues, such as the Budget, were beyond the council’s control, and they had no authority to discuss executive actions.
• Limited Representation: Indians appointed as non-official members were drawn only from the elite class.
• Limited Powers: The Viceroy’s approval was required for the final passage of a bill, and the Secretary of State had the power to veto legislation even if the Viceroy had accepted it.

Indian Councils Act 1892

Following 1861, political activities in India began to flourish, with organizations such as the Poona Sarvajanik Sabha and the British Indian Association playing key roles in raising political awareness and fostering nationalism among the populace. In 1885, the Indian National Congress was established, advocating for reforms in legislative councils and promoting the use of elections rather than nominations in these councils.

Provisions of Indian Councils Act 1892

• Increased Non-Official Members: The number of Indian non-official members in the Central and provincial legislative councils was increased. However, the majority of members in these councils remained non-Indian.
• Empowered Legislative Councils: The role of the legislative councils was expanded, giving them the authority to discuss the budget and pose questions to the executive. However, they were not permitted to vote on the budget or ask supplementary questions.
• Power of Recommendation: District boards, municipalities, universities, zamindars, and chambers of commerce were given the power to recommend Indians for non-official membership in the provincial councils.
• Election Process: In a narrow sense, the Act allowed for some non-official seats in the Central and provincial legislative councils to be filled through elections, although the term “election” was not explicitly used in the Act.