Government of India Act 1858

Government of India Act 1858

There was a lot of agitation in England against the continuation of the rule of the English East India Company. It was pointed out that a trading company whose main objective was profit could not be contrasted with the work of the administration of a sub-continent like India. The outbreak of the Mutiny and its suppression strengthened the hands of those who demanded the abolition of the rule of the Company. The Government of Great Britain decided to abolish the Company. Naturally, the Company protested. It challenged the most searching investigation into the cause of the Mutiny and maintained that the British government was also responsible for errors of omission and commission of the Company because the British Government had the deciding voice in the affairs of the Company. The company also took pride in its achievements in India. However, in spite of all this, Lord Palmerston introduced his Bill for the better Government of India in parliament. While introducing the Bill, he declared thus, “The principle of our political system is that all administrative functions should be accompanied by ministerial responsibility, responsibility to Parliament, but in this case the chief functions in the Government of India are committed to a body not responsible to Parliament, not appointed by the Crown but elected by persons who have no more connection with India than consists in the simple possession of so much India stock.” In spite of the opposition, the Act was passed by the Parliament in 1858.

Provisions of the Act

1. The Act of 1858 declared that henceforth “India shall be governed by and in the name of the Queen”, and vested in the Queen all the territories and powers of the Company. However, the Government of India was to be carried on by the Viceroy on behalf of the Queen. The Military and mava forces of the Company were transferred to the Crown.

2. The Board of Control and the Court of Directors were abolished and all the powers possessed by them were given to the Secretary of State for India and his Indian council. The Secretary of State was given the power to superintend, control and directs the affairs of the Government of India. He was to sit in parliament and was also to be assisted by a parliamentary under Secretary. Secretary of State was to be a member of the Cabinet, but his salary and allowances were made a charge of the revenues of India.

3. As regards the Indian Council of Secretary of State, it was to be consisting of 15 members. Out of the total, 7 were to be elected by the Court of Directors and the rest of the 8 members were to be appointed by the Grown. More than half the members of the Council were to be those persons who had lived in India for 10 years or more and had not left India for more than 10 years at the date of appointment. The members were to hold office during good behavior. Each member was to get a remuneration of 1200 pound annually from the revenues of India.

4. The Secretary of State was to preside over the meeting of the Indian council. He was given not only a vote but also a casting vote. The Council was to meet twice a week. The members of the India Council could be divided into various committees for purposes of administrative convenience. Ordinarily Secretary of State was given the power to over-rule even the majority decisions of the India council. But in the case of grants or appropriation of Indian revenues, Secretary of State was not authorized to act against the majority view of his council.

5. The Secretary of State for India was declared to be a corporate body which could sue and be sued in England and in India. Secretary of State was required to present every year in the British Parliament a report on the moral and material progress of India. Rules and regulations made in India or the Secretary of State were to be placed before the House of Commons.

6. It was laid down that except for the purposes of repelling invasion or for any other sudden or urgent necessity; Indian revenues were not to be employer for military operations outside India without the consent of parliament.

7. The act of 1858 divided the patronage between the Government of India and the Secretary of State in council. All appointments and promotions “Which by law or under any resolutions, usage or custom are not made by any authority in India, shall continue to be made in India by the like authority.” Appointments to the covenanted Civil Service were to be made by open competition in accordance with the rules made by the Secretary of State in Council with the help of the Civil Service Commissioners.

Milan Tomic

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