Charter Act of 1853
Politically conscious Indians made efforts to bring to an'end the reactionary government of the East lndia Company. Raja Rammohan Roy went to Britain and represented India's case before the Parliamentary Select Committee. The Bombay Association and the Madras Native Association sent petitions on similar lines. But there was strong opposition to it from leaders of different parties, ministers, president of the Board of Control and Company's Directors. They favoured the renewal of the Charter.
By the Act of 1853, separation of the executive and the legislative functions was carried a step further by the provision of additional members of council for the purpose of legislation. The Law Member was made a full member of the Executive Council of the Governor General. The consent of the Governor General was made necessary for all legislative proposals. In this framework the central,legislature was completed. Central Legislative Council was to consist of one representative each from the Provinces. Measures concerning a province were to be considered in the presence of representatives from that province. The Chief Justice of Supreme Court of Calcutta was to be the ex-officio member of the Council. Two more civilians might be nominated by the Governor General, but this authority was never exercised.
The Council in its legislative capacity was to consist of 12 members. These included the Governor General, Commander-in-Chief, four members of his council and six - legislative members. . All vacancies in lndia were to be filled in by competitive examinations. Lord Macaulay was appointed the President of the Committee.
The "Legislative Councillors" were neatly distinguished from the "Executive Councillors" and by doing so, legislation was for the first time treated as a special function of the government requiring special machinery and special procedure. The business of the Council was conducted in public. The procedure it adopted for transaction of business was much the same as in the British Parliament. Questions were put, papers were demanded and information was asked for and Government was criticised for its lapses and excesses.
Certain misgivings were raised in the minds of Home authorities lest a representative system might not pave its way into the fortress of their autocratic machinery. The authorities in Britain felt when the Council which consisted of British officials only, showed boldness and inquisitiveness and pried into the field of the Executive. Its petitions for redress of grievances were presented as defiance of the parental authority of the Home Government and public rejection of certain bills offended the authorities in Britain. No Indian element was associated with the Legislative Councils. In practice the Legislative Council threatened to alter the whole structure of the Indian Government. It had developed into "an Anglo-Indian House of Commons."
Comments