Indian Councils Act 1892

Last updated

Indian Councils Act 1892 [lower-alpha 1]
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Citation 55 & 56 Vict. c. 14
Introduced by R. A. Cross, 1st Viscount Cross on 9 February 1892
Dates
Royal assent 20 June 1892
Commencement 3 February 1893
Other legislation
Repealed by Government of India Act 1915
Status: Repealed

The Indian Councils Act 1892 (55 & 56 Vict. c. 14) was an Act of British Parliament that introduced various amendments to the composition and function of legislative councils in British India. Most notably, the act expanded the number of members in the central and provincial councils. For example, the number of additional members elected to the Governor-General's council [lower-alpha 2] was increased from twelve to sixteen members [1] of whom – as per the Indian Councils Act 1861 – not less than half were to be non-officials, i.e. persons not in the civil or military service of the Crown. The Governor-General was empowered to invite different bodies in India to elect, select or delegate their representatives and to make regulations for their nomination. [2]

Contents

After being presented to the House of Lords in 1890, the Act was passed in 1892 in response to nationalist movements beginning to surface across British India.[ citation needed ] This scheme would be overturned by the passage of the Indian Councils Act 1909 – also called the Morley-Minto reforms – which introduced indirect elections to Indian councils along with special electoral preferences for muslim minorities and various commercial and functional interests.

Membership

Under the regulations adopted, the Governor-General's council was to consist of nine ex-officio members (the Governor-General, six members of the Executive Council, the Commander-in-Chief, and the head of the province in which the council met), six official additional members and ten non-official members of the Legislative Councils of Bengal, Bombay, Madras and the Northwestern province. When Legislative Councils were established in Punjab and Burma, one member each was returned from these also. In conjunction with the ex-officio members, the official members constituted a majority.[ citation needed ]

Similar changes were introduced in the composition of provincial legislative Councils. In all the provinces – with some exception in Bombay – an official majority, [lower-alpha 3] while not required by statute, was maintained. [3]

While the Central Legislative Council was expanded to include between 10 and 16 Additional Members, specifics in provinces varied: Bombay came to have 8 Additional Members; Madras 20; Bengal 20; Northwestern Province & Oudh 15.[ citation needed ]

The universities, district board, municipalities, zamindars and chambers of commerce were empowered to recommend members to provincial councils. While such recommendations could theoretically be rejected, in practice, they were not refused. [2] Thus, while failing to answer calls for direct elections, the principle of representation was introduced[ citation needed ].

Council powers

In addition to these changes, the Act relaxed restrictions imposed by the Indian Councils Act 1861 in allowing councils to discuss – but not vote on – each year's annual financial statement. [4] Councilors could also put questions within certain limits to the government on the matter of public interest after giving six days' notice, but none of them had the right to ask supplementary questions. [5]

See also

Notes

  1. Short title as conferred by section 8 thereof included a comma. Modern conventions for short titles omit the comma after "Act".
  2. The Governor-General's Council also is called the Viceroy's council and the Central council.
  3. An official majority being when a majority of councillors are British civil service or military officials.

Related Research Articles

<span class="mw-page-title-main">Governor-General of India</span> Representative of the Indian monarch

The Governor-General of India was the representative of the monarch of the United Kingdom in their capacity as the Emperor/Empress of India and after Indian independence in 1947, the representative of the Monarch of India. The office was created in 1773, with the title of Governor-General of the Presidency of Fort William. The officer had direct control only over his presidency but supervised other East India Company officials in India. Complete authority over all of British territory in the Indian subcontinent was granted in 1833, and the official came to be known as the "Governor-General of India".

<span class="mw-page-title-main">Central Provinces and Berar</span> Province of British India, and later, Dominion of India (1903–1950)

The Central Provinces and Berar was a province of British India and later the Dominion of India which existed from 1903 to 1950. It was formed by the merger of the Central Provinces with the province of Berar, which was territory leased by the British from the Hyderabad State. Through an agreement signed on 5 November 1902, 6th Nizam Mahbub Ali Khan, Asaf Jah VI leased Berar permanently to the British for an annual payment of 25 lakhs rupees. Lord Curzon decided to merge Berar with the Central Provinces, and this was proclaimed on 17 September 1903.

<span class="mw-page-title-main">Bengal Presidency</span> Administrative unit in British India

The Bengal Presidency, officially the Presidency of Fort William in Bengal and later Bengal Province, was a subdivision of British India. At the height of its territorial jurisdiction, it covered large parts of what is now South Asia and Southeast Asia. Bengal proper covered the ethno-linguistic region of Bengal. Calcutta, the city which grew around Fort William, was the capital of the Bengal Presidency. For many years, the Governor of Bengal was concurrently the Governor-General of India and Calcutta was the de facto capital of India until 1911.

<span class="mw-page-title-main">Indian Councils Act 1909</span> United Kingdom legislation

The Indian Councils Act 1909, commonly known as the Morley–Minto or Minto–Morley Reforms, was an act of the Parliament of the United Kingdom that brought about a limited increase in the involvement of Indians in the governance of British India. Named after Viceroy Lord Minto and Secretary of State John Morley, the act introduced elections to legislative councils and admitted Indians to councils of the Secretary of State for India, the viceroy, and to the executive councils of Bombay and Madras states. Muslims were granted separate electorates according to the demands of the Muslim League.

<span class="mw-page-title-main">Government of India Act 1919</span> United Kingdom legislation

The Government of India Act 1919 was an Act of the Parliament of the United Kingdom. It was passed to expand participation of Indians in the government of India. The Act embodied the reforms recommended in the report of the Secretary of State for India, Edwin Montagu, and the Viceroy, Chelmsford. The Act covered ten years, from 1919 to 1929. This Act began the genesis of responsible government in India. It was set to be reviewed by the Simon Commission in 10 years.

<span class="mw-page-title-main">Courtenay Ilbert</span> British lawyer and civil servant

Sir Courtenay Peregrine Ilbert, was a distinguished British lawyer and civil servant who served as legal adviser to the Viceroy of India's Council for many years until his eventual return from India to England. His later career included appointments as the First Parliamentary Counsel (1899–1902) and as Clerk of the House of Commons from 1902 to 1921.

<span class="mw-page-title-main">Eastern Bengal and Assam</span>

Eastern Bengal and Assam was an administrative subdivision (province) of British India between 1905 and 1912. Headquartered in the city of Dacca, it covered territories in what are now Bangladesh, Northeast India and Northern West Bengal.

<span class="mw-page-title-main">Tamil Nadu Legislative Council</span> Defunct upper house in India

Tamil Nadu Legislative Council was the upper house of the former bicameral legislature of the Indian state of Tamil Nadu. It began its existence as Madras Legislative Council, the first provincial legislature for Madras Presidency. It was initially created as an advisory body in 1861, by the British colonial government. It was established by the Indian Councils Act 1861, enacted in the British parliament in the aftermath of the Indian Rebellion of 1857. Its role and strength were later expanded by the second Council Act of 1892. Limited election was introduced in 1909. The Council became a unicameral legislative body in 1921 and eventually the upper chamber of a bicameral legislature in 1937. After India became independent in 1947, it continued to be the upper chamber of the legislature of Madras State, one of the successor states to the Madras Presidency. It was renamed as the Tamil Nadu Legislative Council when the state was renamed as Tamil Nadu in 1969. The Council was abolished by the M. G. Ramachandran administration on 1 November 1986. In 2010 the DMK regime headed by M. Karunanidhi tried to revive the Council. The former AIADMK regime (2016-2021) expressed its intention not to revive the council and passed a resolution in the Tamil Nadu Legislative Assembly in this regard.

<span class="mw-page-title-main">Ilbert Bill</span> 1883 legislation in British India

The Ilbert Bill was a bill formally introduced on 9 February 1883 during the Viceroyship of the Marquess of Ripon, which was drafted by Sir Courtenay Peregine Ilbert, the legal member of the Council of the Governor-General of India. It concerned the jurisdiction of Magistrates or Sessions Judges to try charges against "European British subjects" if they were themselves not European.

<span class="mw-page-title-main">Imperial Legislative Council</span> Legislature issued in the British Raj (1861–1947)

The Imperial Legislative Council (ILC) was the legislature of British India from 1861 to 1947. It was established under the Charter Act of 1853 by providing for the addition of 6 additional members to the Governor General Council for legislative purposes. Thus, the act separated the legislative and executive functions of the council and it was this body within the Governor General's Council which came to known as the Indian/Central Legislative Council. In 1861 it was renamed as Imperial Legislative Council and the strength was increased.

Bombay Legislative Council was the legislature of the Bombay Province and later the upper house of the bicameral legislature of Bombay Province in British India and the Indian state of Bombay.

<span class="mw-page-title-main">Indian Councils Act 1861</span> United Kingdom legislation

The Indian Councils Act 1861 was an Act of the Parliament of the United Kingdom that transformed India's executive council to function as a cabinet run on the portfolio system. This cabinet had six "ordinary members", who each took charge of a separate department in Calcutta's government: home, revenue, military, law, finance, and public works. The military Commander-in-Chief sat in with the council as an extraordinary member. The Executive Council was enlarged by addition of fifth member. The Viceroy was allowed, under the provisions of the Act, to overrule the council on affairs if he deemed it necessary, as was the case in 1879, during the tenure of Lord Lytton.

<span class="mw-page-title-main">1920 Madras Presidency Legislative Council election</span>

The first legislative council election to Madras Presidency after the establishment of dyarchical system of government by the Government of India Act 1919, was held in November 1920. Indian National Congress boycotted the election due to its participation in the Non-cooperation movement. The election occurred during the early stages of non-Brahmin movement and the major issue of the election was anti-Brahminism. Justice party won the election with no significant opposition and A. Subbarayalu Reddiar became the first Chief Minister of the presidency.

Diarchy was established in Madras Presidency based on the recommendations of the Montague-Chelmsford report. Five elections were held during the period diarchy was in effect and Justice Party occupied power most of the time. It ended with the election in 1937 when the Government of India Act 1935 came into effect.

<span class="mw-page-title-main">Charter Act 1793</span> United Kingdom legislation

The East India Company Act 1793, also known as the Charter Act 1793, was an Act of the Parliament of Great Britain which renewed the charter issued to the British East India Company (EIC).

<span class="mw-page-title-main">Government of India Act 1912</span> United Kingdom legislation

The Government of India Act 1912 was an act of the Parliament of the United Kingdom, which made changes to the governance of British India. It received royal assent on 25 June 1912.

Diarchy was established in Bombay Presidency based on the recommendations of the Montague-Chelmsford report. It ended with the election in 1937 when the Government of India Act 1935 came into effect.

<span class="mw-page-title-main">Legislatures of British India</span> Legislative bodies in the presidencies and provinces of British India (1861-1947)

The Legislatures of British India included legislative bodies in the presidencies and provinces of British India, the Imperial Legislative Council, the Chamber of Princes and the Central Legislative Assembly. The legislatures were created under Acts of Parliament of the United Kingdom. Initially serving as small advisory councils, the legislatures evolved into partially elected bodies, but were never elected through suffrage. Provincial legislatures saw boycotts during the period of dyarchy between 1919 and 1935. After reforms and elections in 1937, the largest parties in provincial legislatures formed governments headed by a prime minister. A few British Indian subjects were elected to the Parliament of the United Kingdom, which had superior powers than colonial legislatures. British Indian legislatures did not include Burma's legislative assembly after 1937, the State Council of Ceylon nor the legislative bodies of princely states.

<span class="mw-page-title-main">Eastern Bengal and Assam Legislative Council</span>

The Eastern Bengal and Assam Legislative Council was the legislative council of Eastern Bengal and Assam, a province of the British India covering Bangladesh and Northeast India. It would meet in the Government House of Dacca, the provincial capital. Its ex-officio head was the Lieutenant Governor of Eastern Bengal and Assam.

The European and Anglo-Indian Defence Association was a pressure group formed in British India. The group's founder and president was the industrialist John Johnstone Jardine Keswick. The Association has been described as "primarily, the political party of India’s non-official British". The Association was particularly well-known for opposing the Ilbert Bill, and was criticised as a "Defiance" Association. Several tea and Indigo planters were members of the Association.

References

  1. Ilbert 1911, p. 246.
  2. 1 2 Ilbert 1911, p. 248.
  3. Ilbert 1911, p. 247.
  4. Ilbert 1911, pp. 251–52. 'Under this power one or two days were allotted annually in every council to a discussion of a budget already settled by the executive government'.
  5. Ilbert 1911, p. 254.

Sources