Constitutional Development (1858 – 1947)

Queen Victoria’s Proclamation

On 1 November 1858 the Proclamation of Queen Victoria was announced by Lord Canning at Allahabad. This royal Proclamation was translated into Indian languages and publicly read in many important places. It annonced the end of Company’s rule in India and the Queen’s assumption of the Government of India. It endorsed the treaty made by the Company with Indian princes and promised to respect their rights, dignity and honour. It assured the Indian people equal and impartial protection of law and freedom of religion and social practices. The Proclamation of Queen Victoria gave a practical shape to the Act of 1858.

Indian Councils Act of 1861

The Indian Councils Act of 1861 increased the number of members in the Governor-General’s executive Council from 4 to 5. Further the Governor-General’s Executive Council was enlarged into a Central Legislative Council. Six to tweleve “additional members” were to be nominated by the Governor-General. Not less than half of these members were to be non-officials. Thus a provision was made for the inclusion of Indians in the Legislative Council. The functions of these members were strictly limited to making legislation and they were forbidden from interfering in the matters of the Executive Council. They did not possess powers of administration and finance.

Legilative Councils were also established in the provinces. The number of additional members in the provinces was fixed between four to eight. So, this Act was an important constitutional development and the people of India came to be involved in the law malking process. The mechanism of Indian legislation developed slowly and reinforced further by the Acts of 1892 and 1909.

---