Indian Councils Act 1892

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Indian Councils Act

1892

Submitted by: Aditi Banerjee
Roll Number: 2225
2nd Semester, B.B.A. LL.B. (Hons.)
Submitted to: Dr. Priya Darshini (Faculty of Legal History)
Chanakya National Law University, Patna
Introduction

 The Indian Councils Act 1892 was an Act of British
Parliament that introduced various amendments to the
composition and function of legislative council in British
India.
 It was introduced by Richard Assheton Cross, 1st Viscount
Cross, and it was enacted by the Parliament of United
Kingdom.
 It had got royal assent on 20th June, 1892 and commenced
on 3rd February, 1893.
 This Act was repealed by the Government of India Act,
1915.
History of the Act

 The Indian Council Act of 1861 failed to satisfy even
the liberal opinion in India.
 Indians were gradually becoming aware of their rights
with the growth of nationalism. Several associations,
prior to the establishment of the Indian National
Congress, expressed the desire that the legislative
councils should be made effective bodies for framing
laws and controlling the Executive Councils.
 The Indian National Congress, after its establishment
in 1885, demanded further reforms.
History of the Act

 The Indians were dissatisfied over the existing
system of governance. The Indian leaders wanted
admission of a considerable number of the elected
members. They also wanted a right to discussion on
budget matters. 
 Lord Dufferin, the Governor-General, himself,
suggested a scheme of reform for this purpose. His
successor, Lord Lansdowne, also favoured
constitutional reforms with a view to satisfy the
Indian Liberals.
History of the Act

 The British traders and monopolists in India were
also of the same opinion. They were confident of
sending their representatives in Legislative Councils
provided some sort of election-device was
introduced for choosing their members.
 All these factors pointed out the necessity of further
reforms, and the Indian Councils Act, 1892 came into
existence.
Provisions of the Act

 The number of additional members in the Legislature
at the Centre was increased. The minimum number
was fixed as ten and the maximum twenty. Among
them, at least ten were to be non-officials.
 The number of additional members in provincial
legislatures was also increased. There the minimum
number was kept as eight and the maximum twenty.
The number of non-official members among them
was also increased. The number of total members
varied from province to province.
Provisions of the Act

 The members of the Legislative Councils continued to be
nominated by the Governor-General and the governors. But,
provision was made in this Act to nominate them on the basis
of recommendations by certain organised associations. For the
Centre, the non-official members of the Provincial Legislatures
were also empowered to send their recommendations. Thus,
the Act made provision for indirect election for the members of
the Legislative Councils.
 The powers of the Legislative Councils were enhanced a little,
like these were allowed to discuss the annual budgets, the
members had the right to ask questions from the Executive
Councillors, etc.
Effects of the Act

 The increase in the number of Indian members in the
Legislative Councils, the provision of their indirect election
and enhancement of their powers were all in the direction
of gradual establishment of Parliamentary government.
 Certain scholars have even remarked that ‘the foundation
of responsible government was really laid in 1892 and not
in 1861.
 The act failed to satisfy the Indian public opinion.
 The demand of further constitutional reforms came to the
fore-front very soon.
Defects in the Act

 The functions of the Legislative Councils were strictly
circumscribed. The members could not ask supplementary
questions. The President could refuse the asking of any
question, and there was no remedy against his ruling.
 The Councils did not get any substantial control over the
Budget.
 The rules of election were unfair. Certain classes were
over-represented and others did not find any
representation at all.
 The number of non-official members was very small.
Defects in the Act

 There was practically no chance to the non-official
members to amend a bill introduced by the Government.
The bill had to be passed in the form in which it had been
previously approved of by the Government of India or the
Secretary of State for India.
 Under the circumstances, debates in the legislatures were a
mere formal ceremony.
 The Act still left Indians without any real voice in the
administration of their country.
 The Provincial Councils were too small in size to represent
the people of the provinces.
Conclusion

 The Act of 1892 fell far short of the demands made
by the Indian National Congress.
 By conceding the principle of election, and giving the
Legislative Councils some control over the Executive,
it paved the way for future progress on those lines
which were destined to place in the hands of the
Indians a large measure of control over the
administration of the country.

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