The Indian Councils Act of 1892 was an Act of the British Parliament that introduced various amendments to the composition and functions of legislative councils in British India. At this time, the Viceroy and Governor-General of India was Lord Lansdowne (1888-1894). It was enacted by the Parliament of the United Kingdom and received royal assent on 20 June 1892. The Act commenced on 3 February 1893 and remained in effect until it was superseded by the Indian Councils Act of 1909.
Background
The Indian Councils Act, 1861 had many shortcomings. Nationalist sentiment was growing in the late 19th century among the educated middle class. The Indian National Congress, formed in 1885, started demanding, among other things, the expansion and Indianization of legislative councils. Congress leaders also demanded the right to ask questions in the legislative council on any subject and the right to discuss the budget. Lord Dufferin, the Governor-General of India between 1884–88, wanted to give more seats to Western-educated Indians than to traditional, orthodox Indian rulers. He appointed a committee headed by Sir John Cheney. The committee recommended that the legislative council should be developed as a mini parliament. The Congress regularly passed resolutions in its annual sessions to restructure the legislative council. Leading newspapers also raised similar demands. Lord Dufferin sent a proposal, based on the Cheney Committee’s report, to the Home Government. The British Government, acting on Dufferin's suggestion, passed the Indian Councils Act, 1892.
Provisions
1. The Central Legislative Council was expanded. The number of additional members in the central legislative council was increased to a minimum of 10 and a maximum of 16; For Madras and Bombay, the minimum was 10 and the maximum 20; For Bengal, the maximum was 20, whereas for the North-Western Provinces (U.P.), the maximum was 15.
2. The Council was to have three types of members:
(a) Official members
(b) Non-official members who were nominated
(c) Non-official members nominated on the recommendation of non-official members of the four provincial legislatures—Madras, Bombay, Bengal, and the North-Western Provinces (U.P.)—and one by the Associated Chamber of Commerce.
The Provincial Legislatures, Municipalities, District Boards, Universities, and the Chamber of Commerce were empowered to elect members. Thus, the principle of election, though indirect, was introduced through the Indian Councils Act, 1892.
3. Members of the legislative council could ask questions to the Executive on matters of public interest after giving six days’ notice. They were also allowed to discuss the budget. However, they were not allowed to discuss the answers given by the Executive. The Speaker was empowered to reject a member’s request to ask a question without providing any reason.
4. The Viceroy was empowered to make rules for the nomination of members, but he had to seek approval from the Secretary of State.
Criticism
Although the Indian Councils Act, 1892 was an expansion of the Indian Councils Act, 1861, it failed to satisfy the rising educated Indian class. The Executive body was not answerable to the legislative council. Members of the legislative council were not allowed to vote on the budget; they could only ask questions about it. They were not even allowed to question the answers given by the Executive. Indians had to wait another seventeen years for any significant constitutional reform.
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