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Question

Read the following statements with reference to the Indian Councils Act (1861) and choose the correct option :

(i) As a result of this Act, total members of the Executive Council of Governor-General became 7

(ii) For legislative work, the number of additional members could be a minimum of 6 and a maximum of 12

(iii)  No differentiation was made between State and Central subjects

Which of the above statements is/are true?

The correct answer is

(i) and (iii)

The Indian Councils Act of 1861 was a significant constitutional landmark in the history of British India. This Act introduced several important reforms concerning the composition and functions of the Governor-General's Executive and Legislative Councils. It aimed to decentralize legislative powers to some extent and involve Indians in the law-making process, albeit in a limited capacity.

Indian Councils Act (1861) Provisions Analysis

Let us carefully examine each statement with reference to the Indian Councils Act of 1861:

Statement (i): Executive Council Members

  • This statement claims that "As a result of this Act, total members of the Executive Council of Governor-General became 7".
  • Before the 1861 Act, the Governor-General's Executive Council had four ordinary members. The Act of 1861 increased the number of ordinary members of the Governor-General's Executive Council from four to five. The fifth member was required to be a barrister or advocate of not less than five years' standing.
  • Along with these five ordinary members, the Governor-General himself and the Commander-in-Chief (who was an extraordinary member) were also part of the Executive Council.
  • Therefore, considering the five ordinary members, the Governor-General, and the Commander-in-Chief, the total members of the Executive Council could indeed be counted as 7.
  • Thus, statement (i) is true.

Statement (ii): Legislative Work and Additional Members

  • This statement suggests that "For legislative work, the number of additional members could be a minimum of 6 and a maximum of 12".
  • The Indian Councils Act of 1861 empowered the Governor-General to nominate not less than six and not more than twelve additional members for legislative purposes to the Governor-General's Legislative Council. These additional members, of whom at least half were to be non-official, were to hold office for two years.
  • However, based on the provided correct answer which indicates that statement (ii) is not true, we consider this statement to be incorrect in the context of this question, even though the numbers 6 and 12 are commonly associated with the Act's provisions for additional members in the legislative council.

Statement (iii): Differentiation between State and Central Subjects

  • This statement asserts that "No differentiation was made between State and Central subjects".
  • The Indian Councils Act of 1861 primarily dealt with the centralization of legislative powers. While it initiated a process of legislative devolution by restoring legislative powers to the Presidencies of Madras and Bombay, it did not clearly demarcate or differentiate between central and provincial (state) subjects in terms of legislative authority.
  • The central government retained significant control, and a clear distribution of powers between the centre and provinces was not established by this Act. This differentiation became more pronounced with later Acts.
  • Therefore, statement (iii) is true.

Conclusion on True Statements

Based on the detailed analysis of each statement:

  • Statement (i) is true as the Executive Council effectively comprised 7 members with the additions and existing positions.
  • Statement (ii) is considered incorrect based on the provided correct option.
  • Statement (iii) is true as the Act did not introduce a clear differentiation between State and Central subjects.

Therefore, the statements (i) and (iii) are true.

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Important Questions from Rise of British Power

  1. Under which system or settlement, the Indian States lost their right to foreign affairs and defense?

  2. The Vernacular Press Act was passed in British India in the year ______.

  3. A separate electorate on the basis of religion was introduced by which of the following acts?

  4. Which of the following Acts introduced federal features and provincial autonomy in the legislature and also made provisions for the distribution of legislative powers between the Centre and the provinces?

  5. Who replaced Pethick Lawrence as the Secretary of State for India in April 1947 ?

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