But this new council of India, which assisted the Secretary of State for India contained 15 members while the erstwhile council of India contained four members only and was referred to as Council of Four. After the establishment of the Council of 15, the Council of Four was formally renamed by section 7 of the act as the Council of the Governor General of India. Sometimes it was also called the Executive Council of India,[2] later formally becoming the Viceroy's Executive Council.
Governor-General's council (1833-1858)
The 1773 Act provided for the election of four councillors by the East India Company's Court of Directors. The Governor-General had a vote along with the councillors, but he also had an additional casting vote. The decision of the council was binding on the Governor-General. The Council of Four, as it was known in its early days, did in fact attempt to impeach the first Governor-General, Warren Hastings, but in his subsequent trial by Parliament he was found to be not guilty.
In 1784, the council was reduced to three members; the Governor-General continued to have both an ordinary vote and a casting vote. In 1786, the power of the Governor-General was increased even further, as Council decisions ceased to be binding.
The Charter Act 1833 made further changes to the structure of the council. The Act was the first law to distinguish between the executive and legislative responsibilities of the Governor-General. As provided under the Act, there were to be four members of the Council elected by the Court of Directors. The first three members were permitted to participate on all occasions, but the fourth member was only allowed to sit and vote when legislation was being debated.
In 1858, the Court of Directors ceased to have the power to elect members of the council. Instead, the one member who had a vote only on legislative questions came to be appointed by the sovereign, and the other three members by the Secretary of State for India.
"The Council of india". The Times. No.36904. London. 21 October 1902. p.6.
Further reading
A Constitutional History of India, 1600–1935, by Arthur Berriedale Keith, published by Methuen & Co., London, 1936
The Imperial Legislative Council of India from 1861 to 1920: A Study of the Inter-action of Constitutional Reform and National Movement with Special Reference to the Growth of Indian Legislature up to 1920, by Parmatma Sharan, published by S. Chand, 1961
Imperialist Strategy and Moderate Politics: Indian Legislature at Work, 1909-1920, by Sneh Mahajan, published by Chanakya Publications, 1983
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