Council of India
Encyclopedia
The Council of India was the name given at different times to two separate bodies associated with British rule in India
.
The original Council of India was established by the Regulating Act of 1773
as a council of four formal advisors to the Governor-General
at Fort William
. The Governor-General in Council was subordinate only to the East India Company
's Court of Directors and to the British Crown.
In 1858 the Company's involvement in India's government was transferred by the Government of India Act 1858
to the British government. The Act created a new governmental department in London
(the India Office
), headed by the cabinet-ranking
Secretary of State for India
, who was in turn to be advised by a new Council of India (also based in London). In consequence, the existing council in India was formally renamed by the Act (s. 7) as the Council of the Governor General of India.
The Secretary of State's Council of India was abolished by the Government of India Act 1935
.
's Court of Directors. The Governor-General had a vote along with the counsellors, but he also had an additional casting vote
. The decision of the Council was binding on the Governor-General. The Council of Four, as it was known in its early days, did in fact attempt to impeach
the first Governor-General, Warren Hastings
, but in his subsequent trial
by parliament he was found to be not guilty.
In 1784, the Council was reduced to three members; the Governor-General continued to have both an ordinary vote and a casting vote. In 1786, the power of the Governor-General was increased even further, as Council decisions ceased to be binding.
The Charter Act 1833 made further changes to the structure of the Council. The Act was the first law to distinguish between the executive and legislative responsibilities of the Governor-General. As provided under the Act, there were to be four members of the Council elected by the Court of Directors. The first three members were permitted to participate on all occasions, but the fourth member was only allowed to sit and vote when legislation was being debated.
In 1858, the Court of Directors ceased to have the power to elect members of the Council. Instead, the one member who had a vote only on legislative questions came to be appointed by the Sovereign, and the other three members by the Secretary of State for India.
The Indian Councils Act 1861 made several changes to the Council's composition. Three members were to be appointed by the Secretary of State for India
, and two by the Sovereign. (The power to appoint all five members passed to the Crown in 1869.) The Governor-General was empowered to appoint an additional six to twelve members. This was changed to ten to sixteen members in 1892, and to sixty members in 1909. The five individuals appointed by the Indian Secretary or Sovereign headed the executive departments, while those appointed by the Governor-General debated and voted on legislation.
As a result of the Government of India Act 1919
, an Indian legislature, consisting of a Council of State
and a Central Legislative Assembly
, took over the legislative functions of the Governor-General's Council. The Governor-General nonetheless retained significant power over legislation. He could authorise the expenditure of money without the Legislature's consent for "ecclesiastical, political [and] defence" purposes, and for any purpose during "emergencies". He was permitted to veto, or even stop debate on, any bill. If he recommended the passage of a bill, but only one chamber co-operated, he could declare the bill passed over the objections of the other chamber. The Legislature had no authority over foreign affairs and defence. The President of the Council of State was appointed by the Governor-General; the Central Legislative Assembly elected its own President, apart from the first, but the election required the Governor-General's approval.
The executive functions of the Governor-General's council evolved into the Executive Council
.
British Raj
British Raj was the British rule in the Indian subcontinent between 1858 and 1947; The term can also refer to the period of dominion...
.
The original Council of India was established by the Regulating Act of 1773
Regulating Act of 1773
The Regulating Act of 1773 was an Act of the Parliament of Great Britain intended to overhaul the management of the East India Company's rule in India...
as a council of four formal advisors to the Governor-General
Governor-General of India
The Governor-General of India was the head of the British administration in India, and later, after Indian independence, the representative of the monarch and de facto head of state. The office was created in 1773, with the title of Governor-General of the Presidency of Fort William...
at Fort William
Fort William
Fort William may refer to:In Canada:*Fort William, Ontario, a Canadian city which, together with Port Arthur, became part of Thunder Bay in 1970**Fort William , a related Canadian federal electoral district...
. The Governor-General in Council was subordinate only to the East India Company
East India Company
The East India Company was an early English joint-stock company that was formed initially for pursuing trade with the East Indies, but that ended up trading mainly with the Indian subcontinent and China...
's Court of Directors and to the British Crown.
In 1858 the Company's involvement in India's government was transferred by the Government of India Act 1858
Government of India Act 1858
The Government of India Act 1858 is an Act of the Parliament of the United Kingdom passed on August 2, 1858. Its provisions called for the liquidation of the British East India Company and the transference of its functions to the British Crown...
to the British government. The Act created a new governmental department in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
(the India Office
India Office
The India Office was a British government department created in 1858 to oversee the colonial administration of India, i.e. the modern-day nations of Bangladesh, Burma, India, and Pakistan, as well as territories in South-east and Central Asia, the Middle East, and parts of the east coast of Africa...
), headed by the cabinet-ranking
Cabinet of the United Kingdom
The Cabinet of the United Kingdom is the collective decision-making body of Her Majesty's Government in the United Kingdom, composed of the Prime Minister and some 22 Cabinet Ministers, the most senior of the government ministers....
Secretary of State for India
Secretary of State for India
The Secretary of State for India, or India Secretary, was the British Cabinet minister responsible for the government of India and the political head of the India Office...
, who was in turn to be advised by a new Council of India (also based in London). In consequence, the existing council in India was formally renamed by the Act (s. 7) as the Council of the Governor General of India.
The Secretary of State's Council of India was abolished by the Government of India Act 1935
Government of India Act 1935
The Government of India Act 1935 was originally passed in August 1935 , and is said to have been the longest Act of Parliament ever enacted by that time. Because of its length, the Act was retroactively split by the Government of India Act 1935 into two separate Acts:# The Government of India...
.
The Governor-General's council
The 1773 Act provided for the election of four counsellors by the East India CompanyEast India Company
The East India Company was an early English joint-stock company that was formed initially for pursuing trade with the East Indies, but that ended up trading mainly with the Indian subcontinent and China...
's Court of Directors. The Governor-General had a vote along with the counsellors, but he also had an additional casting vote
Casting vote
A casting vote is a vote given to the presiding officer of a council or legislative body to resolve a deadlock and which can be exercised only when such a deadlock exists...
. The decision of the Council was binding on the Governor-General. The Council of Four, as it was known in its early days, did in fact attempt to impeach
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
the first Governor-General, Warren Hastings
Warren Hastings
Warren Hastings PC was the first Governor-General of India, from 1773 to 1785. He was famously accused of corruption in an impeachment in 1787, but was acquitted in 1795. He was made a Privy Councillor in 1814.-Early life:...
, but in his subsequent trial
Impeachment of Warren Hastings
The Impeachment of Warren Hastings was a failed attempt to impeach the former Governor-General of India Warren Hastings in the Parliament of Great Britain between 1788 and 1795. Hastings was accused of misconduct during his time in Calcutta particularly relating to mismanagement and personal...
by parliament he was found to be not guilty.
In 1784, the Council was reduced to three members; the Governor-General continued to have both an ordinary vote and a casting vote. In 1786, the power of the Governor-General was increased even further, as Council decisions ceased to be binding.
The Charter Act 1833 made further changes to the structure of the Council. The Act was the first law to distinguish between the executive and legislative responsibilities of the Governor-General. As provided under the Act, there were to be four members of the Council elected by the Court of Directors. The first three members were permitted to participate on all occasions, but the fourth member was only allowed to sit and vote when legislation was being debated.
In 1858, the Court of Directors ceased to have the power to elect members of the Council. Instead, the one member who had a vote only on legislative questions came to be appointed by the Sovereign, and the other three members by the Secretary of State for India.
The Indian Councils Act 1861 made several changes to the Council's composition. Three members were to be appointed by the Secretary of State for India
Secretary of State for India
The Secretary of State for India, or India Secretary, was the British Cabinet minister responsible for the government of India and the political head of the India Office...
, and two by the Sovereign. (The power to appoint all five members passed to the Crown in 1869.) The Governor-General was empowered to appoint an additional six to twelve members. This was changed to ten to sixteen members in 1892, and to sixty members in 1909. The five individuals appointed by the Indian Secretary or Sovereign headed the executive departments, while those appointed by the Governor-General debated and voted on legislation.
As a result of the Government of India Act 1919
Government of India Act 1919
-See also:*British India*British Raj*History of Bangladesh*History of India*History of Pakistan*Governor-General of India*Government of India Act*India Office*Montagu-Chelmsford Reforms*Secretary of State for India...
, an Indian legislature, consisting of a Council of State
Council of State
The Council of State is a unique governmental body in a country or subdivision thereoff, though its nature may range from the formal name for the cabinet to a non-executive advisory body surrounding a head of state. It is sometimes regarded as the equivalent of a privy council.-Modern:*Belgian...
and a Central Legislative Assembly
Central Legislative Assembly
The Central Legislative Assembly was a legislature for India created by the Government of India Act 1919 from the former Imperial Legislative Council, implementing the Montagu-Chelmsford Reforms...
, took over the legislative functions of the Governor-General's Council. The Governor-General nonetheless retained significant power over legislation. He could authorise the expenditure of money without the Legislature's consent for "ecclesiastical, political [and] defence" purposes, and for any purpose during "emergencies". He was permitted to veto, or even stop debate on, any bill. If he recommended the passage of a bill, but only one chamber co-operated, he could declare the bill passed over the objections of the other chamber. The Legislature had no authority over foreign affairs and defence. The President of the Council of State was appointed by the Governor-General; the Central Legislative Assembly elected its own President, apart from the first, but the election required the Governor-General's approval.
The executive functions of the Governor-General's council evolved into the Executive Council
Viceroy's Executive Council
The Viceroy's Executive Council was the cabinet of the government of British India headed by the Viceroy of India. It was transformed from an advisory council into a cabinet run by the portfolio system by the Indian Councils Act 1861.-Indians in the Council:...
.
Further reading
- A Constitutional History of India, 1600–1935, by Arthur Berriedale Keith, published by Methuen & Co., London, 1936
- The Imperial Legislative Council of India from 1861 to 1920: A Study of the Inter-action of Constitutional Reform and National Movement with Special Reference to the Growth of Indian Legislature up to 1920, by Parmatma Sharan, published by S. Chand, 1961
- Imperialist Strategy and Moderate Politics: Indian Legislature at Work, 1909-1920, by Sneh Mahajan, published by Chanakya Publications, 1983