ViceRoy’s Executive Council & Imperial Legislative Council | History Optional for UPSC (Notes) PDF Download

Viceroy's Executive Council

• The Viceroy's Executive Council served as the cabinet for the British Indian government, led by the Viceroy of India.
• It transitioned from an advisory role to a cabinet system under the Indian Councils Act of 1861.

Government of India Act 1858:

• This act transferred authority from the East India Company to the British Crown, which had the power to appoint a Viceroy and Governor-General to oversee Indian governance.
• The Governor-General's advisory council, based in Calcutta, comprised four members—three appointed by the Secretary of State for India and one by the Sovereign.

Indian Councils Act 1861:

• This act restructured the Viceroy's executive council into a portfolio-based cabinet.
• Three members were appointed by the Secretary of State for India, and two by the Sovereign.
• The five ordinary members managed separate departments: home, revenue, military, law, and finance.
• The military Commander-in-Chief participated as an extraordinary member.
• The Viceroy had the authority to override council decisions if necessary.
• In 1869, the Crown gained the power to appoint all five members, and in 1874, an additional member for public works was introduced.

Indian Councils Act 1909:

• This act allowed the Governor-General to nominate one Indian member to the Executive Council.
• Satyendra Prasanno Sinha became the first Indian member.

Government of India Act 1919:

• This act increased the number of Indian members in the council to three.

Notable Indian Members (1909-1946)

1. Law Members:

• Satyendra Prasanno Sinha (1909–1914)
• P. S. Sivaswami Iyer (1912–1917)
• Syed Ali Imam, Muhammad Shafi (1924–1928)
• Tej Bahadur Sapru (1920–1923)
• Bepin Behary Ghose (1933)

2. Education:

• C. Sankaran Nair (1915–1919)
• Muhammad Shafi (1919–1924)

3. Revenue and Agriculture:

• B. N. Sarma (1920–1925)

4. Health, Education, and Lands:

• Muhammad Habibullah (1925–1930)
• Girija Shankar Bajpai (1940)

5. C. P. Ramaswami Iyer: Held various positions including Law (1931–1932), Commerce (1932), and Information (1942)

6. Muhammad Zafarullah Khan (1935–1941): Managed Commerce (until 1939), Law (from 1939), Railway, Industries and Labour, and War Supply

7. Expansion:

• On 8 August 1940, the Viceroy Lord Linlithgow made a proposal called the August Offer which expanded the Executive Council to include more Indians.

8. Interim Government:

• As per the Cabinet Mission Plan, the Executive Council was expanded to consist of only Indian members except the Viceroy and the Commander-in-Chief. This formed the Interim Government of India.

The Imperial Legislative Council

• The Imperial Legislative Council was a legislature for British India from 1861 to 1947. It succeeded the Council of the Governor-General of India, and was succeeded by the Constituent Assembly of India and Pakistan.
• Predecessor:
• The Regulating Act of 1773 limited the influence of the Governor-General of India and established the Council of Four, elected by the East India Company’s Court of Directors.
• Pitt’s India Act of 1784 reduced the membership to three, and also established the India Board.
• During the rule of the East India Company, the council of the Governor-General of India had both executive and legislative responsibilities.
• The council had four members of the Council elected by the Court of Directors.
• The first three members were permitted to participate on all occasions, but the fourth member was only allowed to sit and vote when legislation was being debated.
• In 1858, the British Crown took over the administration from the East India Company.
• The council was transformed into the Imperial Legislative Council, and the Court of Directors of the Company which had the power to elect members of the Governor-General’s Council ceased to have this power.
• Instead, the one member who had a vote only on legislative questions came to be appointed by the Sovereign, and the other three members by the Secretary of State for India.

1861-1892:

• The Indian Councils Act 1861 introduced changes to the composition of the Governor-General's Council.
• The council was renamed as the Governor-General’s Legislative Council or the Imperial Legislative Council.
• The Secretary of State for India was to appoint three members, and the Sovereign was to appoint two members.
• In 1869, the power to appoint all five members was transferred to the Crown.
• The Governor-General gained the authority to appoint an additional six to twelve members.
• The five appointed members headed executive departments, while the Governor-General's appointees debated and voted on legislation.
• From 1862 to 1892, 45 Indians were nominated as additional non-official members.
• Among these, 25 were zamindars, and 7 were rulers of princely states. The rest included lawyers, magistrates, journalists, and merchants.
• The participation of Indian members in council meetings was minimal.
• The first three Indian members were:
• Raja Sir Deo Narayan Singh of Benaras(Jan 1862-1866),
• Narendra Singh, Maharaja of Patiala(Jan 1862-1864),
• Dinkar Rao(Jan 1862-1864).

1892-1909:

• The Indian Councils Act 1892 expanded the council's membership to a minimum of ten and a maximum of sixteen members.
• The council comprised 6 officials, 5 nominated non-officials, 4 nominated by provincial legislative councils, and 1 nominated by the chamber of commerce in Calcutta.
• Members could ask questions in the council but were not allowed to ask supplementary questions or discuss the answers.
• They could discuss the annual financial statement under certain restrictions but could not vote on it.
• Notable Indian members during this period included:
• Pherozeshah Mehta, Bombay (1893-1901),
• Aga Khan III, nominated (1903),
• Syed Hussain Bilgrami(1902-1908),
• Gopal Krishna Gokhale, Bombay (1903-1909).

1909-1920:

• The Indian Councils Act 1909 expanded the Legislative Council to 60 members, with 27 elected members.
• This act marked the first instance of Indian elections to various legislative councils in India, where previously only appointed Indians were present.
• The Council included six Muslim representatives, the first time a religious group received such representation.
• The Council's composition was:
• Ex-officio members from the Viceroy’s Executive Council (9)
• Nominated officials(28)
• Nominated non-officials(5): Indian commercial community (1), Punjab Muslims (1), Punjab Landholders (1), Others (2)
• Elected from provincial legislatures(27)

1920-1947:

• The Government of India Act 1919 transformed the Imperial Legislative Council into a bicameral legislature, featuring the Imperial Legislative Assembly(Central Legislative Assembly) as the lower house and the Council of State as the upper house.
• The Governor-General maintained substantial control over legislation, with powers to:
• Authorize expenditure without legislative consent for ecclesiastical, political, and defense purposes, as well as during emergencies.
• Veto or halt debate on any bill.
• Declare a bill passed if only one chamber cooperated, regardless of the other chamber's objections.
• The legislature had no jurisdiction over foreign affairs and defense.
• The President of the Council of State was appointed by the Governor-General, while the Central Legislative Assembly elected its own President, subject to the Governor-General's approval.
• On 14 August 1947, the Imperial Legislative Council and its houses were dissolved under the Indian Independence Act 1947, replaced by the Constituent Assembly of India and the Constituent Assembly of Pakistan.