Indian Councils’ Act of 1892

Indian Councils’ Act of 1892

Indian Councils’ Act of 1892

For full 31 years, the British Government did not consider it necessary to give a further installment of reforms to the people of India. Ultimately, Lor Dufferin suggested the grant of further reforms so that there may be no agitation. His detailed proposals, after notification, were carried through by Lord Cross as the Indian Councils’ Act , 1892. This Act enlarged the functions of the Legislative Councils. They were authorized to discuss the annual financial statement under certain conditions and restrictions. According to Lord Curzon, “It is not contemplated to vote the budget in India item by item in the manners in which we do it in this House. But it is proposed to give opportunities to the members of the Councils to indulge in a full, free and fair criticism of the financial policy of the Government.”

Provisions of the Indian Council Act 1892

1.  The great merit of the new provision was that “the Government will have an opportunity of explaining their financial policy of removing misapprehension of answering calumny and attack, and they will also profit by the criticism delivered in a public position and with a due sense of responsibility by the most competent representatives of non-official India.”

2.  The Members of the Councils were given the right of addressing questions to the government on matters of public interest. A previous notice of 6 days was to be given to the Government for asking a question. The President might disallow any question without giving any reason. Questions on matters of public interest could be asked “subject to such conditions and restrictions as may be prescribed in the ruled made by the Governor-General for the provincial Governors.”

3.  The number of additional members in the Council was increased. It was to be not less than 16 in the case of the Supreme Council and not less than 8 and not more than 20 in the case of Madras and Bombay. The maximum number for Bengal was fixed at 20 and for North-Western province and Oudh 15. Two-fifths of the additional members were to be non-officials.

4.  As a result of the pressure brought by the Indian National congress, the government agree to allow elections to be held in India under the rules, through the members so elected could take their seats only after being nominated by the Government that “under this clause, it will be possible for the Governor-General to make arrangements by which certain persons may be presented to him, having been chosen by election, if the Governor-General should find that such a system can properly be established.”

Defects in the Act

1.  Although the Indian Council’s Act of 1892 was the outcome of a lot of agitation and patient waiting, it did not give anything substantial to the people of India. No wonder the critics point out many defects. The system of elections was a roundabout one. The people who got into the legislatures by this system did not represent the people in the real sense of the word. They could not sit in the legislatures as a matter of right of election.

2.  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.

3.  The rules of election were unfair. Certain classes were over-represented and others did not find any representation at all. In the case of Bombay, out of the six seats two were given to the European merchants, but nothing was given to the Indian merchants. Two seats were given to Sind, but nothing was given to Poona and Satara.

4.  The number of non-official members was very small. Out of 24 members at the Centre, 14 were officials, 4 were elected non-officials and 5 were nominated non-officials.

5.  The Punjab was not given any representation in the Viceroy’s council.

6.  According to Gokhale, “The actual working of the Act manifested its hollowness. Bombay Presidency was given 8 seats. Two seats were assigned by the Government of India in their rules to the university of Bombay and Bombay Municipal Corporation. The Bombay Government gave two seats to the European Mercantile community. One seat to the Sirdars and Deccan, one to the Zamindars of Sind, and only 2 seats to the general public.” It is evident that public representation was almost negligible.

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