LECTURE V. THE LEGISLATIVE COUNCILS.-(Continued). Reform of the Council in 1853-Nature of the changes made-Effect thereof- the Council THE Legislature established by the Act of 1834 Reform of lasted for twenty-seven years; but a considerable in 1858. change was made in its character and constitution by an Act passed in 1853. The former Act was passed for a period of twenty years, and accordingly fresh legislation became necessary. Though the Council was continued upon the same footing in respect of its being the one legislative authority of India, competent to enact laws and regulations for the whole of the British territories therein, the new* Act made so many alterations that the system was entirely changed. The principal alteration, which finally led to the re-establishment of local Legislatures was the introduction of representative members from the sister Presidencies. * 16 & 17 Vic., c. 95—An Act to provide for the government of India. V. Nature of made. LECTURE It was provided by the new Act passed in 1853* that certain Legislative Councillors should be the changes added to the existing Council; and also that no law or regulation made by the Council should have force or be promulgated until the same had been assented to by the Governor-General whether he had or had not been present in Council at the making thereof. Further it was enacted that no law or regulation made by the Governor-General in Council should be invalid by reason only that the same affected any prerogative of the Crown provided such law or regulation had received the previous sanction of the Crown. It authorized Her Majesty to appoint a commission in England to consider the recommendations and reports of the Indian Law Commissioners. Effect thereof. The effect of the new Act was to enlarge the Council, when acting in its legislative capacity, by the addition of new members, called Legislative members, of whom two were English Judges of the Calcutta Supreme Court, and the others were appointed severally by the local Governments. At the same time the fourth ordinary Councillor, who held under the former Act the corresponding office of legislative member, was made a member in the executive branch as well as in the legislative branch. Consequent upon these changes, discussion became oral instead of in writing; bills were referred to * 16 & 17 Vic., c. 95, s. 22. V. select committees instead of a single member; and LECTURE legislative business was conducted in public instead of in secret. The system so introduced was considered by those who were well versed in it to be an infinite improvement upon the former system. latures of 1853 Under the former Act the sole power of making The legis laws and regulations in India was vested in the 1834 and Governor General of India in Council. That body compared. consisted of the Governor General and four ordinary members of Council; the Commander-in Chief, if appointed an extraordinary member of Council, also formed one of the body. Of the four ordinary members it was directed that three should be appointed from persons in the Covenanted service of the East India Company, and the fourth from persons who had never been in the service. The duty of the fourth ordinary member was confined entirely to the subject of legislation. He had no power to sit and vote in the executive Council, but only when meetings were held for the purpose of making laws and regulations. It was not necessary that he should be present to form a quorum even at those meetings, although he was particularly charged with the duties of legislation. His* concurrence might be wanting to a law, but the law would nevertheless be good, even his absence at the time of enactment would not vitiate it. Parliament manifestly intended that the whole of his time * Consult Minute of Mr. Peacock, dated 3rd November 1859. V. LECTURE and attention and knowledge and ability, should be employed in promoting the due discharge of the legislative functions of the Council. He had no pre-eminent control over the duties of that department, but he was peculiarly charged with the task of giving shape and connexion to the several laws as they passed, and also with the labor of collecting local information, and with bringing his legal skill to the assistance of the Council in order to effect a sound and rational legislation. By the Act of 1853 the duties which under the former Act had rested principally on the fourth ordinary member of Council were performed by many. The Governor of each Presidency and the Lieutenant Governor of each Lieutenant Governorship was empowered to appoint a Legislative Councillor. The Legislative Councillors so appointed were members of the service of a certain standing, and consequently had passed a considerable time in India, were conversant with the native languages, and, when selected with reference to their peculiar qualifications for the duties of the office, were necessarily able to bring to bear upon every subject connected with legislation for India much useful knowledge and practical experience; and in questions peculiarly affecting their respective Presidencies had the advantage of being practically acquainted with local usages and with the habits and prejudices of the people. V. Advantages Such a system had many advantages over that LECTURE which preceded it, even while the Indian Law Commission was in full operation; for the Legislative system. Councillors had the power which the Law Commissioners had not of proposing any law which they considered necessary or beneficial, of opposing any law which they deemed unnecessary or injurious, of supporting their opinion by argument in Council and of voting on every subject which came under discussion. The Legislative Council was not diminished in other respects: for every member of the Executive Council including the fourth member who obtained the power to sit and vote at all meetings was also a member of the Legislative Council; it was simply increased by members of practical experience. In addition to the Legislative Councillor the Chief Justice of Bengal and one of the Puisne Judges of the Supreme Court selected by the Governor General were also members; and six members in addition to the Governor-General or the Vice-President or Chairman were necessary to form a quorum, and the presence of one of the Judges or of the fourth ordinary member was rendered essential. local legis Notwithstanding the improvements which it was Desire for considered on all hands that the Act of 1853 had latures. introduced, it became necessary to re-consider the whole subject of the establishment and exercise of legislative authority. Madras and Bombay complained of the enormous preponderance of authority |