10. INDIAN COUNCILS ACT, 1861

10. INDIAN COUNCILS ACT, 1861

Background: First major step toward associating Indians with law-making; post-1857 conciliatory move.

Key Provisions

• Restored the legislative powers of Bombay and Madras Presidencies (taken away in 1833) — began the process of decentralization.
• Provided for the establishment of new legislative councils for Bengal, North-Western Provinces, and Punjab (established in subsequent years — Bengal 1862, NWP 1886, Punjab 1897).
• Introduced the concept of "Portfolio System" by Lord Canning — Viceroy's Executive Council members given charge of specific departments (finance, home, military, etc.).
• Provided that the Viceroy could issue Ordinances in emergencies, valid for 6 months.
• Associated Indians (non-officials) with the law-making process for the first time — Viceroy Lord Canning nominated 3 Indians to the Legislative Council in 1862: the Raja of Benares, the Maharaja of Patiala, and Sir Dinkar Rao — purely as nominated, non-official members, with no real power (only an advisory/consultative role, no voting power on many matters, no control over budget).
• Legislative Councils' role limited to legislation — Executive Council remained separate.

Significance/Impact

• First formal association of Indians with the legislative process (though only nominated and advisory).
• Began the process of decentralization by restoring legislative powers to Bombay/Madras and enabling new provincial councils.
• Introduced the Portfolio System, still the basis of the modern Cabinet/ministerial system in India.
• Recognized the need for legislation for provinces to be made by persons familiar with local conditions.

Key Facts / Quick Revision Points

• Year: 1861
• Portfolio system introduced by Lord Canning
• First Indians nominated to Legislative Council (1862): Raja of Benares, Maharaja of Patiala, Sir Dinkar Rao
• Legislative powers of Bombay & Madras restored
• Viceroy's ordinance-making power introduced (6 months validity)