By:- Ritik Shalya

UID- UG18-74
 The Indian Councils Act of 1861, in the first place added to the
Viceroy`s executive council fifth member who was to be a
gentleman of legal profession, a jurist rather than a technical
lawyer.
 The Act empowered the governor-general to make rules for
more convenient transactions of business in the Council. (This
power was used by Lord Canning to introduce the portfolio
system in the Government of India.)
 Governor General was given power to nominate additional
members in his executive council (6 to 12 members).
 The functions of the Legislative council were declared strictly
to be confined only with the legislative affairs. It would have
no control over the administration and finance.
 The Viceroy should nominate some Indians as non official
members of his extended council. In 1862, Lord Canning
nominated three Indians to his legislative council, the Raja of
Benaras, The Maharaja of Patiala and Sir Dinkar Rao.
 The Indian High Courts Act, 1861, abolished the
Supreme Court and Sadar Adalat's in the
Presidencies and the Act also empowered the
crown to issue letter's patent under the great seal
of the United Kingdom, to erect and establish high
court of Judicature at Calcutta, Madras and
Bombay.
 It further provided that the High Courts were to
come into existence at such time as her Majesty
might deem fit.
 Thus, on the establishment of the High Court, the
Supreme Court, the Sadar Diwani Adalat and
Sadar Nizamat Adalat at the concerned presidency
were to be abolished.
 There was only one higher authority
 The High Court’s was to consist of a Chief Justice
and other judges not exceeding 15 in number as
her Majesty might from time to time think fit to
appoint.
 A person could be appointed judge of High Court
if he was either: 1. A Barrister of not less than five
years standing; 2. A member of the Covenanted
Civil Service of at least 10 year's standing who had
served as Zila judge for at least 3 years in that
period.
 At least one third of the judges of the High Court,
including the Chief justice had to be Barristers and
the other one third of the judges had to be
members of the covenanted Civil Service.
 The law which the high court applied was same as
applied by the Supreme Court i.e. English law.
 Section 16 of the Indian Councils Act of 1861
empowered the crown to establish any other
High Court within British India.
 The crown exercised this power and
established another High Court at Agra in
1866.
 This High Court was not given the power of
ordinary civil jurisdiction and the original
criminal jurisdiction.
 High Court was shifted from Agra to
Allahabad (Prayagraj) in 1869 and it is still
there.
 The significance of the Indians Councils Act of
1861 lies in the fact that it laid down the
gradual construction and consolidation of the
mechanical framework of the government.
 Due to this Act three separate presidencies
were brought into a common system. The
legislative and the administrative authority of
the Governor-General-in-Council, was asserted
over all the provinces and extended to all the
inhabitants.
 Moreover, no provision was made for the
inclusion of any Indian in these councils. This
kind of arrangement was unsatisfying for the
emerging Indian leadership.