Government of India Act 1858

The Government of India Act 1858, marked the beginning of new chapter in the constitutional history of India. The Act known as the Act for the Good Government of India, provided for liquidation of East India Company, and transferred the powers of government, territories and revenues to the British Crown.

Background

The growing resentment in England against the Company rule reached its climax with the mutiny of 1857. The mutiny was suppressed but it sent ripples of fear to London and convinced the British that administration of the India must be taken over by the Crown. The British prime Minister, Palmerstone introduced a Bill in 1858 in the parliament for the transfer of Government of India to the Crown. However, before this bill was to be passed, Palmerstone was forced to resign on another issue. Later, Lord Stanley introduced another bill which was originally titled as “An Act for the Better Government of India” and it was passed on August 2, 1858. It is called Government of India Act 1858 or 1858 Act. On September 1, 1858, the court of directors {of East India Company} held its last solemn assembly and the East India Company issued its last instructions to the servants in the East; and offered to its sovereign an empire in these words: “Let her Majesty appreciate the gift-let her the vast country and teeming millions of India under her direct control, but let her not forget the great corporation from which she has received them, nor the lessons to be learnt from its success”

Abolition of Company Rule

Government of India Act 1858  provided that India was to be governed directly and in the name of the crown. This act abolished the company rule, abolished the Court of directors and abolished the Board of control. This act abolished the Dual Government introduced by the Pitt’s India act. The principle of Doctrine of Lapse was withdrawn, liberty was given to Indian rulers subject to British suzerainty and it also opened some door for Indians in Government services.

Office of Secretary of State for India

The act provided the Crown will govern India directly through a Secretary of State for India, who was to exercise the powers which were being enjoyed by the Court of Directors and Board of control. The office of secretary of state was vested with complete authority and control over Indian administration, thus he was now the political head of the India. He was also a member of the British cabinet and was responsible ultimately to the British Parliament.

Lord Stanley was made first Secretary of state for India. He had been earlier the President of the Board of Control.

Fact Box: Secretary of State for India and Burma

The first Secretary of state was Lord Stanley, who prior to 2 August 1858, served as President of the Board of Control. The Secretary of State was now the political head of the India. In 1935, the Government of India Act 1935 provided a new Burma Office, in preparation for the establishment of Burma as a separate colony, but the same Secretary of State headed both Departments and was styled the Secretary of State for India and Burma. The first secretary of state for India and Burma was Lord Dundas. The India Office of the Secretary of State for India and Burma came to an end in 1947, when we got independence and now the Secretary of state of India and Burma was left to be Secretary of Burma. Viscount Ennismore was the first and last Secretary of Burma, as Burma got independence in 1948.

Council of India of Secretary of State

The GOI Act 1858 provided for Council of India of the Secretary of the State. It was to be consisted of  15 members, 7 of them were to be elected by the Court of Directors and the rest of 8 members were to be appointed by the Crown. More than half the members must have lived in India for 10 years and must not have left the country more than ten years before the date of appointment. Each member was to be paid £ 1200 a year out of Indian revenues. Secretary of State of India was empowered to preside at the meetings of the Indian Council. He was to have a vote and also a casting of vote in case of a tie. He was also empowered to send and

receive secret messages and dispatches from Governor General and was not bound to communicate these to the Indian Council.

Centralization

The Government of India act established the control of British Parliament over Indian affairs. The members of Parliament could ask questions from Secretary of State for India regarding Indian administration. The right of appointment to important offices in India was also vested either in the crown or in the secretary of state of India-in-Council. The administration of the country was now highly centralized. There was a provision of creation of an Indian Civil Service under the control of the Secretary of State.

Changes in offices of Governor General and Viceroy

The Secretary of State for India was a cabinet minister in the British Government while his agent in India was the Governor General in India. Thus, Governor General worked as a representative of the British Government much like today’s governors work as representatives of the President of India. The Governor-General of India was responsible for administration of the country.

Along with this, a new office of Viceroy was created to work as a diplomat to parley with the princely states.

However, it was provided that the both the offices to be held by same person. The objective of having same person occupy two offices was to avoid any conflict of interest as it used to be between the Governor General and Chief Justice of Supreme Court of Fort Williams in initial days of East India Company. {Warren Hastings and Lord Impey used to lock horns then}.

Viceroy was made responsible to Secretary of State for India. Viceroy was to be a direct representative of the British Crown in India. Lord Canning thus became the first Viceroy of India.

Significance of the Government of India Act, 1858

The Government of India Act 1858 was largely confined to the improvement of the administrative machinery by which the Indian Government was to be supervised and controlled in England. It did not alter in any substantial way the system of government that prevailed in India.

Analysis: GOI Act 1858: A formal than a substantial change?

The Government of India Act 1858 was a formal than substantial change. Crown had already steadily increasing its control over the Company’s affairs since the beginning of its territorial sovereignty. The main rules under which India was governed before the passing of the Act of 1958 were already those of the British parliament. The British administrators, including Governor-General, were nominally followed the instructions of the East India Company. In fact they were strictly following the instructions of the British cabinet with its Indian Minister who was the President of the board of Control and through them to Parliament. The various statutes, Charter Acts had already substantially reduced the influence of East India Company.