The Indian Councils Act 1861: How Law Was Made

In one line

The Council could legislate for everybody and everything, and could not touch six subjects without the Governor-General's previous sanction, and the Governor-General could legislate alone for six months in an emergency.

In the wording a student can write in an exam: by section 22 of the Indian Councils Act 1861 the Governor-General in Council had power at meetings for the purpose of making laws and regulations to make laws repealing, amending or altering any laws in force and to make laws for all persons, whether British or native, foreigners or others, for all courts of justice, for all places and things within the territories, and for all servants of the Government of India in the dominions of allied princes, such laws controlling and superseding any repugnant laws; by section 43 the Governor in Council of Madras or Bombay could not legislate on the reserved subjects without the Governor-General's previous sanction; by sections 20 and 21 a law required the assent of the Governor-General, subject to disallowance by Her Majesty; and by section 23 the Governor-General might in an emergency promulgate ordinances having the force of law for not more than six months.

Sections 16 to 19: how the Council sat

Section 16: the Governor-General in Council shall as soon as conveniently may be appoint a place and time for meetings for the purpose of making laws and regulations.

Section 17: he may appoint all other necessary officers.

Section 18: he may make rules for the conduct of business at such meetings.

Section 19: no business shall be transacted at any meeting for the purpose of making laws and regulations unless there are present the number of members the section requires.

Those four sections turn a council into a legislature in the procedural sense: fixed meetings, rules of business and a quorum. The rules made under section 18 introduced the reading of Bills, references to select committees and publication, which is the beginning of legislative procedure in India.

Sections 20 and 21: assent and disallowance

Section 20: when any law or regulation has been made by the Council at a meeting for that purpose, it must be presented to the Governor-General for his assent.

Section 21: whenever any such law or regulation has been assented to by the Governor-General, he shall send an authentic copy to the Secretary of State, and Her Majesty may disallow it; on the signification of that disallowance the law becomes void.

The pattern is the same as sections 36 and 37 of the Regulating Act and section 51 of the Charter Act of 1833: the Indian legislature legislates, an officer in India assents, and an authority in London may annul. It survives, in altered form, until 1947.