Indian Councils Act of 1892

Indian Councils Act of 1892
Indian Councils Act 1892 was passed by the British Parliament to increase in
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the size of the legislative councils. This act marks the beginning of representative
form of Government in India.
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The features of this Act were as follows:
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1. It increased the number of additional (non-official) members in the Central and
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provincial legislative councils, but maintained the official majority in them.
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2. It increased the functions of legislative councils and gave them the power of
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discussing the budget5 and addressing questions to the executive.
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3. It provided for the nomination of some non-official members of the (a) Central
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Legislative Council by the viceroy on the recommendation of the provincial
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legislative councils and the Bengal Chamber of Commerce, and (b) that of the
provincial legislative councils by the Governors on the recommendation of the
chambers.
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district boards, municipalities, universities, trade associations, zamin-dars and
‘The act made a limited and indirect provision for the use of election in filling up
some of the non-official seats both in the Central and provincial legislative
councils. The word “election” was, however, not used in the Act. The process was
described as nomination made on the recommendation of certain bodies.
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Background
Indians were gradually becoming aware of their rights with the growth of nationalism.
Indian National Congress had adopted some resolutions in its sessions in 1885 and 1889
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and put its demand. The major demands placed were as follows:
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A simultaneous examination of ICS to be held in England and India
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•
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Reforms of the legislative council and adoption of the principle of election in place of
nomination
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Opposition to the annexation of Upper Burma
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Reduction in the Military expenditure.
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The second demand mentioned above reflected the dissatisfaction of the Indians over
the existing system of governance. The Indian leaders wanted admission of a
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considerable number of the elected members. They also wanted a right to discussion on
budget matters. Viceroy Lord Dufferin set up a committee. The committee was given the
responsibility to draw a plan for the enlargement of the provincial councils and
enhancement of their status. The plan was drawn, but when it was referred to the
Secretary of State for India, he did not agree to introduction of the Principle of direct
election. However, principle of representation by way of indirect election was accepted
with some limitations.
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Salient Provisions
• The act provided for additional members in the central as well as provincial legislative councils.
• Central Legislative Council → minimum 10, maximum 16
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Bombay → 8
Madras → 20
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Bengal → 20
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• Oudh →15
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North Western province →15
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The powers of the legislative councils was increased. The members could now discuss the budget
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without right to vote on it. They were also not allowed to ask supplementary questions.
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They could ask questions on domestic matters with prior permission of the Governor General. They were
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also allowed to ask questions on public interest.
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The Governor General in Council was empowered to make rules for nomination of the members subject
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to approval of Secretary of State for India.
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A system of indirect elections was introduced to elect the members of the councils. The universities,
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district board, municipalities, zamindars and chambers of commerce were empowered to recommend
members to provincial councils.
• Functions of the provincial legislative councils were enlarged and they were empowered to make new
laws or repeal the old ones with the prior permission of Governor General.
• Governor General was empowered to fill the seat in the case of Central legislative and by the Governor
in the case of provincial legislature.
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Critical Appraisal of the Act
• The act of 1892 can be said to be a first step towards the beginning of the
representative government in India.
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• However such representation was via only indirect elections and there was nothing for
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a common Indian.
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• The system of indirect election prevented direct contact between the public and the
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representatives. In many ways, this act also served as a reason behind rise of militant
nationalism in coming times.
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• The Congress policy of petition, prayer and protest was seen as a weakness by the
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British Government.
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• This was evident from the following note by BG Tilak: “……political rights will have to
be fought for. The moderates think that these can be won by persuasion. We Think
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that they can only be obtained by strong Pressure…”
Nevertheless, the act at least provided the Indians an opportunity to share councils at
the highest levels and thus laid down the foundations of the representative government.
The number of Indians was increased in the legislative councils. The Act was an
important milestone that led to the establishment of parliamentary government at a
larger stage.
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Q) Seed of India participation in the Legislative Council of the Governor
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General of India are embodied in the
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Indian Councils Act, 1861
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Government of India Act, 1919
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ANSWER : : Indian Councils Act, 1892
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