The Indian Council Act of 1861, also known as the Morley-Minto Reforms or the Indian Councils Act of 1861, was a significant piece of legislation introduced by the British Parliament to reform the legislative structure in British India. Here are the key provisions and implications of the Indian Council Act of 1861:

The act expanded the legislative councils at both the central and provincial levels. It increased the number of members in the Governor-General’s Council (Central Legislative Council) and the provincial legislative councils. The majority of the members were appointed by the British government, while a limited number of members were elected or nominated by local bodies.

The act allowed for the inclusion of some Indian representatives in the legislative councils. In the central legislative council, it provided for the inclusion of a few non-official members who were nominated by the Viceroy. This marked a limited step towards Indian representation in the legislative process.

The act introduced the portfolio system, where each member of the Governor-General’s Council was assigned a specific department or portfolio. This gave council members specific areas of responsibility, allowing for specialization and focused attention on administrative matters.

The act separated legislative and executive functions. The legislative councils were primarily responsible for lawmaking and policy discussions, while the executive functions were carried out by the Governor-General and the executive councils. Despite the expansion of the legislative councils, the act limited their powers. They were primarily advisory bodies and did not have much control over legislation or the budget. The Governor-General had the power to overrule their decisions if he deemed it necessary.

The act introduced administrative reforms, such as the establishment of new departments and the appointment of Indian civil servants to higher positions. It aimed to improve the efficiency and effectiveness of the administrative machinery in India. The act retained the Viceroy’s veto power. The Governor-General could veto any legislation passed by the legislative councils if it was deemed against the interests of the British government or if it threatened the stability of British rule in India.

The act did not introduce significant changes to the electoral system or franchise. The right to vote was still limited and based on property qualifications. The Indian Council Act of 1861 represented a cautious attempt by the British government to introduce limited reforms in the legislative structure of British India.

While it expanded the representation in the legislative councils and introduced some administrative reforms, it fell short of meeting the demands of Indian nationalists for greater participation and control over governance. Nevertheless, the act set the stage for further reforms and paved the way for future constitutional developments in India.