Which of the following statements relating to the Indian Councils Act, 1861 is/are correct? 1. The Act introduced a grain of popular element by including non-official members in the Governor-General’s Executive Council. 2. The members were nominated and their functions were confined exclusively to consideration of legislative proposals placed before it by the Governor-General. 3. The Governor-General did not have effective legislative power. Select the correct answer using the code given below.
1 and 2 only
Understanding the Indian Councils Act, 1861
The Indian Councils Act, 1861, was an important constitutional landmark in the history of India. It was enacted by the British Parliament to make some changes in the composition and functions of the Governor-General's Council for legislative purposes. The Act aimed to associate Indians with the work of legislation.
Let's analyze each statement provided regarding this Act:
Analysis of Statement 1: Inclusion of Non-Official Members
Statement 1 says: "The Act introduced a grain of popular element by including non-official members in the Governor-General’s Executive Council."
- The Indian Councils Act, 1861, provided for the expansion of the Governor-General's Legislative Council.
- It authorized the Governor-General to nominate some additional non-official members to this expanded Legislative Council.
- These non-official members could be Indians or Europeans.
- While the statement incorrectly mentions the Executive Council instead of the Legislative Council, the introduction of non-official members (including Indians for the first time) in the legislative setup associated with the Governor-General's administration is widely considered the introduction of a "grain of popular element." This marked the beginning of representative institutions, albeit in a very limited capacity.
Considering the intent and common interpretation of the Act regarding the introduction of a popular element through non-officials, Statement 1 is considered correct in the context of its primary assertion about the 'grain of popular element' via non-official members, despite the specific council mentioned.
Analysis of Statement 2: Role of Nominated Members
Statement 2 says: "The members were nominated and their functions were confined exclusively to consideration of legislative proposals placed before it by the Governor-General."
- The additional members added to the Legislative Council under the 1861 Act were indeed nominated by the Governor-General, not elected.
- Their functions were strictly limited to legislative matters.
- They could only consider bills placed before the council by the Governor-General.
- They had no power to discuss the budget or ask questions without the permission of the Governor-General.
- Their role was essentially advisory in the legislative process.
This statement accurately describes the nature and limitations of the nominated members' functions in the Legislative Council created by the Indian Councils Act, 1861. Therefore, Statement 2 is correct.
Analysis of Statement 3: Governor-General's Legislative Power
Statement 3 says: "The Governor-General did not have effective legislative power."
- Far from lacking power, the Indian Councils Act, 1861, significantly enhanced the Governor-General's legislative power.
- The Governor-General had the power to nominate members, make rules for the conduct of the council's business, and preside over meetings.
- Crucially, the Governor-General was empowered to issue ordinances which had the force of law in emergencies without the concurrence of the Legislative Council. These ordinances had a life of six months.
- The Governor-General also retained the power to veto any bill passed by the council.
These provisions clearly show that the Governor-General possessed very effective and extensive legislative power under the Act. Thus, Statement 3 is incorrect.
Conclusion
Based on the analysis:
- Statement 1 is considered correct as it reflects the introduction of non-official members as a 'grain of popular element' in the legislative setup linked to the Governor-General.
- Statement 2 is correct as it accurately describes the nominated nature and limited functions of these members.
- Statement 3 is incorrect as the Governor-General held significant legislative powers, including the power to issue ordinances and veto bills.
Therefore, the statements that are correct are 1 and 2 only.
Revision Table: Indian Councils Act, 1861 Statements
| Statement | Description | Correctness | Explanation |
|---|---|---|---|
| Statement 1 | Introduction of non-official members for a 'grain of popular element' in Governor-General's Executive Council. | Correct (in essence) | Non-official members were added to the Legislative Council, seen as first step towards associating Indians with legislation, a 'popular element'. |
| Statement 2 | Members were nominated; functions limited to legislative proposals from Governor-General. | Correct | Accurate description of the nominated members' role and powers in the Legislative Council. |
| Statement 3 | Governor-General did not have effective legislative power. | Incorrect | Governor-General had ordinance power, veto power, and controlled legislative process, demonstrating significant power. |
Additional Information on Indian Councils Act, 1861
- The Act restored legislative powers to the Presidencies of Madras and Bombay, reversing the centralization introduced by the Charter Act of 1833. This is known as the "policy of decentralization".
- New Legislative Councils could also be established in other provinces like Bengal, North-Western Frontier Province, and Punjab.
- The Act introduced the portfolio system, initiated by Lord Canning in 1859, whereby a member of the Governor-General's Executive Council was made in charge of one or more departments of the government.
- The Legislative Council's role was purely legislative; it was not a deliberative body and could not discuss executive actions.
- The inclusion of Indian non-official members (like the Maharaja of Patiala, the Raja of Benares, and Sir Dinkar Rao) was a symbolic move, as their influence was limited, but it marked the first time Indians were formally associated with the law-making process at this level.
Similar Questions
Which one of the following statements about the Act V of 1843 relating to Slavery in India is correct ?
Which of the following statements about the Ilbert Bill (1883) is/are correct?
1. It proposed to grant limited criminal jurisdiction to native officials.
2. It proposed to grant complete civil and criminal jurisdiction to native officials.
3. The proposed Bill generated opposition from England’s European subjects in India.
4. In spite of opposition to the Bill, it was passed without any modifications.
Select the correct answer using the code given below.Arrange the following landmarks in the discovery and preservation of early monuments and sculpture in a chronological order:
1. Founding of the Indian museum, Calcutta
2. H. H. Cole appointed Curator of Ancient Monuments
3. Establishment of the Government Museum, Madras
4. Passing of the Indian Treasure Trove Act, 1878
Select the answer using the code given below:
Important Questions from Changes in Indian Administration after 1858
British East India Company was liquidated by which law?
In which year was the Central Province formed?
Who was the political agent of princely State of Sirohi at the time of 1857 revolt in Rajasthan?
The British parliament transferred the powers of east India company to the British crown in ________.
Queen Victoria’s Proclamation was issued on which of the following dates?
