Изображения страниц
PDF
EPUB

Legisla

tive mem

bers.

Meetings of Council.

Governor-General usually superintends himself the political business of the foreign and of the home offices, and no responsible head has yet been assigned to the Public Works Department."

The additional members of the Supreme Council are appointed by the Governor-General for a term of two years, and for legislative duties only, they having no right to attend the ordinary meetings of Council. They may be of any rank or profession in life, and either Europeans or natives. But at least half of them must be non-official persons.

The Governor-General may assemble his Council at any place within the territories of India; and the Governor, or Lieutenant-Governor of the presidency, province, or territory, wherein it may be convened, shall attend the same, for the time being, as an extraordinary member if he be governor of a presidency, but merely as an additional councillor for legislative purposes if of lower rank.

The first Council under the Act of 1861 was convened at Calcutta. Besides the Governor-General, the Lieutenant-Governor of Bengal, and the ordinary councillors, it included a civil servant from each of the presidencies, recommended for a seat therein by the respective governors of the same; three native noblemen, and two Calcutta merchants of European origin; a proportion, as regards race, which continued to be observed until 1866. In 1867, another native of rank was added to the Council. Thus, for the first time since India became a British dependency, the employment of natives in the work of legislation has been legalised.*

The policy of inviting the co-operation of native talent in the government of India has been likewise introduced into the Legislative Councils of the presidencies, and

See Chesney, Indian Polity, pp.
146-152, 157. Hans. Deb. vol. clxiv.
p. 587; Ibid. vol. clxxxix. pp. 1358,

1371.
Act 24 & 25 Vict. c. 67, secs.

10, 11.
Ibid. sec. 9. Hans. Deb. vol.
clxiv. p. 589.

West, Administration of Sir C.

Wood, p. 24.

m

elsewhere, with the most marked success.1 In 1867 various officers of rank throughout British India were called upon by the Governor-General to make confidential reports pointing out the opinions generally entertained by the natives, in regard to the relative superiority of the British or native systems of government. These reports were laid before Parliament. Subsequently, a despatch from the Secretary for India to the GovernorGeneral, urging the 'political necessity for opening up to natives of ability and character a more important, dignified, and lucrative sphere of employment in the administration of British India,' with enclosures to the same purpose, was communicated to the House of Commons." The Bill submitted to Parliament by ministers in 1868, concerning the internal government of India, contained provision for the admission of natives into the covenanted civil service."

functions.

The Legislative Councils of India, which were appointed Its proper under the Imperial statutes of 1833 and 1853, failed to work satisfactorily, or in harmony with the executive government. They misunderstood and abused the powers entrusted to them. The intention was to confer legislative functions merely upon the Governor's Council, and not to erect it into a species of parliament, with authority to discuss and redress grievances, refuse supplies, and the like. It endeavoured to usurp these privileges, so that a change in its constitution became necessary." This change was effected by the Act of 1861, under which the Supreme

'Chesney, Indian Polity, pp. 165, 238, 265. Commons Papers, 1867-8, No. 39, p. 7. A similar policy has been followed in New Zealand, where, by an Act passed in 1867 (31 Vict. No. 47), four Maori, or native aboriginal inhabitants of the colony, were rendered eligible for election to represent the Maori race in the House of Representatives; and at the same time the Provincial Councils were empowered to authorise one or more

Maori members to be elected thereto.

m Commons Papers, 1868, No. 108. n Ibid. No. 178. See the debate on the East India Civil Service, on May 5, 1868. Hans. Deb. vol. exci. 1838.

p.

• See post, p. 587. See Chesney, Indian Polity, chap. ix. xi.

P Hans. Deb. vol. clxii. pp. 1162-. 1170. Ibid. vol. clxiii. p. 633; vol. clxiv. p. 586.

Councils in

the presi

dencies,

&c.

Council is now convened, and by which the paramount authority of the Governor-General is secured. He is empowered by this Act to make rules and orders for the transaction of business in his Council; and, in cases of emergency, to make and promulgate ordinances for the peace and good government of India upon his own responsibility; such ordinances, however, not to continue in force for more than six months."

The formal assent of the Governor-General is necessary to the validity of all laws or regulations of the Council, whether or not he has been present at the passing thereof. No measure affecting the public debt, revenue, religion, the army or navy, or foreign relations of India, may be introduced into the Council without the previous sanction of the Governor-General; and any law or regulation of Council may be disallowed by the crown, upon the advice of the Secretary of State for India."

By the Act of 1861, the governors of the presidencies of Fort St. George (i.e. Madras) and Bombay, were emprovinces, powered to form Legislative Councils, after the model of the Supreme Council, by adding to their ordinary executive councils certain members, either of European or native origin, but one-half of whom must be non-official persons. These local legislatures may frame laws for the government of their respective presidencies, but may not discuss any matter which affects India generally without the previous sanction of the Governor-General. The same Act authorised the Governor-General to establish similar councils, at any future period, for Bengal, for the NorthWestern and other Provinces, and in the Punjab respec

924 & 25 Vict. c. 67, secs 18-24. Ibid. secs. 19-21. West, Admin. of Sir C. Wood, pp. 55, 154.

24 & 25 Vict. c. 67, secs. 2843. In 1866 the Legislative Council of Madras consisted of ten members, of whom seven were official, and three unofficial persons. Of the latter, one was an European and two were

one

natives. The Bombay Council had eleven members, viz. seven official and four unofficial; the latter consisting of three natives and European. (Papers relating to Ceylon, Com. Papers, 1867-8, No. 39, p. 7.) In 1867, the Madras Council was increased to thirteen, and an additional native was added to the

tively. At present, however, Bengal is administered by a Lieutenant-Governor, appointed by the Indian Government, whereas the Governors of Madras and Bombay are appointed by the crown. The Lieutenant-Governor of Bengal has no council, although that presidency is equal in extent and difficulty of control to the other presidencies. But the expediency of placing Bengal upon a similar footing to Madras and Bombay is now engaging the serious attention of the Imperial Government." Members of Council in Madras and Bombay are not merely consultative, but each take different departments, superintend details, and receive numbers of persons on business who would otherwise have to go direct to the Governor."

reforms in

adminis

tration.

Within the last two years reforms in our system of Proposed administration in India have been brought forward in the Indian House of Commons, as well by independent members as by ministers of the crown. But the absorbing question of parliamentary reform, and the ministerial difficulties growing out of the same, have prevented any further legislation on this subject. A brief notice of the proposed plans for the improvement of Indian administration will not, however, be out of place in these pages.

On August 12, 1867, Mr. Ayrton moved, in amendment to the motion for the House to go into Committee to receive the financial statement for India, the adoption of a series of resolutions upon the subject of Indian government: (1) That the Governor-General of India should be empowered, with the sanction of the Secretary of State for India, to conduct the business of each department of government in concert with one or more members of his council, instead of the whole council. (2) That in order to insure better attention to the affairs of trade and agriculture, an additional member of the said Council should be appointed to superintend those affairs. (3) That the government of Bengal should be placed upon the same footing as the government of Bombay. (4) That one nominated and one elected member of the Council of the Secretary

[merged small][merged small][ocr errors][merged small]

of State for India should cease to hold office at the end of each year. (5) That the members of the Council should retire in rotation according to their length of service, whether as members of the Council or as East India Directors. (6) That the existing practice of recording by resolutions of this House certain financial facts relating to India should be discontinued, and that, instead thereof, the estimates for all expenditure in Europe of the Secretary of State for India in council should be approved by a vote of this House before the same is incurred. The Secretary for India (Sir S. Northcote) showed that the present practice is actually in conformity with the first Resolution; and promised that the other resolutions should receive his most serious consideration, with a view to invite the attention of Parliament to the whole subject during the next session. Other members took part in the debate, after which Mr. Ayrton expressed himself satisfied with the assurances of the Secretary for India, and withdrew his motion.

On April 23, 1868, the Secretary of State for India brought into the House of Commons two Bills, which were received and read a first time: (1) To amend, in certain respects, the Act for the better government of India; (2) To define the powers of the GovernorGeneral of India in council to make laws in certain cases, &c.

By the first of these Bills it was proposed that the members of the Council of India (i.e. of the Secretary of State's Council) should -after the decease or retirement of the present councillors—no longer be elected or appointed during good behaviour, but for a term of twelve years, and should not be eligible for additional service thereon (afterwards altered to ten years, with the privilege of reelection in certain cases *); and that their salaries should be increased to 1,500l. a year, but without any retiring pension.

It was also proposed to alter the mode of appointing the ordinary members of the Governor-General's council, and of the several presidential councils, so that instead of such appointments being made by the Secretary for India in council, they should be made by the crown. Her majesty would of course exercise such power under the advice of the Secretary of State, who would naturally be influenced by the advice of the Governor-General in regard to the persons nominated.y

This Bill also provided for conferring a greater degree of independence upon the Auditor-General of Indian Accounts, and for regulating grants of superannuation in the Secretary for India's

establishment.z

The other Bill was intended to afford to the Governor-General

Hans. Deb. vol. clxxxix. pp. 1340-1389.

* Ibid. vol. cxcii. p. 1892.

91.

y Hans. Deb. vol. cxci. P. 1207. Ibid. pp. 1201-1209. Bill, No.

« ПредыдущаяПродолжить »