This act exclusively dealt with the powers, functions and composition of the legislative councils in India.
Need for this law
- Reforms grudgingly conceded were always found inadequate, occasioned disaffection and evoked demand for further reforms.
- Element of non-official in the Act of 1861 did not even represent the people. It consisted of either big zamindars, retired officials or Indian princes.
- Rise of nationalism in the second half of nineteenth century: rise of university education, English as lingua franca, administrative apathy of the British civil servants, vernacular press act and Indian Arms act, Lytton’s repressive policies etc., gave rise to anti-colonialist sentiments.
- New political development in the form of Congress laid the demand for more political representation of Indians in the government.
- Role of Governor-General: Lord Dufferin sent a proposal to England for liberalizing the council. He even appointed a committee of his Council to prepare a plan for the enlargement of Provincial councils and partially bringing the elective principle and the liberalization of the political institutions (but not the parliamentary form of government).
Provisions of act
- Additional members in Central Legislative Assembly should be between 10 to 16. While for provinces of Madras and Bombay, it would be between 8 to 20 and for North-west Frontier Province, a maximum of 15.
- Majority of Non-official members: Two-fifths of total members of the council were to be non-official (partly nominated and partly elected).
- Rights of members: They can express their views on financial statements (mostly budgets) but cannot move a resolution on the same. Secondly, after giving six days’ notice they can ask questions on public interest. Same was extended to the provinces with a legislative council.
- Election provision: The term election was not used in the election. The process was used for non-official members only. Out of the total of ten non-official members in Central Legislative Assembly, five were to be elected one each by four provincial legislative bodies and last from Calcutta Chamber of Commerce. The other five were supposed to be nominated by Governor General.
- Method election was veiled. Note: electing bodies in the province were district boards and municipalities, universities, and chambers of commerce. They acted as an electoral college for this purpose.
- Eminent political leaders like Gopal Krishna Gokhale, Ashutosh Mukherjee, Rash Bihari Ghosh and Surendra Nath Banerjee found their way into legislature
