Blackwood's Edinburgh Magazine

By the Act of 1858 one of her Majesty's Principal Secretaries of State exercises all powers and duties which were exercised by the Company or the Board of Control. A Council was established, called the Council of India, which was not to be a mere consultative body, but "shall, under the Direction of the Secretary of State, conduct the Business transacted in the United Kingdom in relation to the Government of India and the correspondence with India." All correspondence was, however, to be in the name of the Secretary of State. The Secretary of State is addressed in name by the Indian Government, and signs all the despatches from the India Office. The Secretary of State sits and votes as President of the Council of India, and appoints a Vice-President. He has the power, subject to the exceptions which will be mentioned immediately, to decide questions on which members differ, but any dissentient member may require his opinion to be placed on record-a privilege which has proved of considerable service. The Secretary of State is bound to give reasons, except in urgent cases, for any exercise of his veto. The Act of 1858 contains two provisions which to a certain degree limit the power of the Secretary of State: "No grant or appropriation of any part of the Indian Revenues or of any other property coming into the possession of the Secretary of State in Council by virtue of this Act shall be made without the concurrence of a majority

The

of votes at a Council." second proviso, which was inserted after grave discussion in the House of Commons, is the more important one, that "except for preventing or repelling actual invasion of her Majesty's Indian possessions, or under other sudden and urgent necessity, the revenues of India shall not, without the consent of both Houses of Parliament, be applicable to defray the expenses of any military operation carried out beyond the external frontiers of such possessions by her Majesty's Forces charged upon such revenues." The spirit, if not the letter, of this provision was broken when, in 1878, the very day after Parliament was adjourned, the Indian Government received orders to send native troops to Malta. No man acquainted with Indian affairs would like to see a more active interference on the part of the House of Commons with the details of administration; but much danger lieth in the Government of India or the Secretary of State being allowed to evade Acts which Parliament has passed on the recommendation of Committees of both Houses, which sat for long periods of time and took the evidence of as many Indian experts as were available whenever the time came round, at intervals of twenty years, for renewing the East India Company's lease of government. If the Acts have grown obsolete let them be repealed, but they cannot be evaded without far-reaching disturbance.

The Council of India was created to supply the know

authority of the GovernorGeneral. Lord Russell, in the course of the debate in the House, remarked: "It was no doubt a very fine piece of writing, and may rank with many passages from our classics, but was it fitting that the Government should hurl these sarcasms at a man placed in the position of the GovernorGeneral?" Lord Stanley, who had made a tour through India, became President of the Board of Control. After many nights of debate upon resolutions, the House got weary of an academic discussion as to what the Bill ought to be, and seeing that there was no hope of coming to any practical decision with regard to the proposed constituency, it determined to drop the proceeding by resolution, and leave was granted to bring in a new bill. On the 24th of June the second reading of the East India (No. 3) Bill was moved by Lord Stanley and carried after a short discussion in the House of Commons. On the 8th of July the Bill, as amended (and it was considerably amended), was read the third time. The Bill went through its various stages in the House of Lords with comparatively little discussion and a few unimportant amendments. On the 2nd of August the Royal assent was given to the measure by which the government of the territories and all powers vested in or exercised by the Company "in trust for her Majesty' "shall cease to be vested in or exercised by the Company. So ended the rule of the "Company of Merchant Adventurers

At present

trading to the East Indies "— merchants with the sentiments and abilities of great statesmen, whose servants founded an Empire which they governed with firmness and equity. On the 1st of November 1858 a royal proclamation issued throughout all India declared the direct sovereignty of Queen Victoria over all territories whether directly administered or through native princes. In 1876 the direct sovereignty was emphasised by her Majesty assuming the title of Empress of India. It is a matter of regret that the Act which empowered her Majesty to make such addition to her style and title as to her may seem fit, did not at the same time place beyond the pale of discussion the right of the Governor-General to the title of Viceroy. the Governor-General of India is neither by the warrant of appointment under Our Royal Sign Manual nor by any Act of Parliament recognised as Viceroy. In the Proclamation by the Queen in Council, Viscount Canning was appointed our first Viceroy and Governor - General," and his cessors, Elgin, Lawrence, and Mayo, were gazetted "Viceroy and Governor-General"; but since then the title Viceroy has not been used in the Gazette. The title of Viceroy should be distinctly recognised. As Governor-General in Council, the Governor-General is supreme head of an executive department; as Viceroy he should be in the eyes of the native princes the direct representative of the King and the unmistakable ruler of the Empire.

suc

The

of votes at a Council." second proviso, which was inserted after grave discussion in the House of Commons, is the more important one, that "except for preventing or repelling actual invasion of her Majesty's Indian possessions, or under other sudden and urgent necessity, the revenues of India shall not, without the consent of both Houses of Parliament, be applicable to defray the expenses of any military operation carried out beyond the external frontiers of such possessions by her Majesty's Forces charged upon such revenues." spirit, if not the letter, of this provision was broken when, in 1878, the very day after Parliament was adjourned, the Indian Government received orders to send native troops to Malta. No man acquainted with Indian affairs would like to see a more active interference on the part of the House of Commons with the details of administration; but much danger lieth in the Government of India or the Secretary of State being allowed to evade Acts which Parliament has passed on the recommendation of Committees of both Houses, which sat for long periods of time and took the evidence of as many Indian experts as were available whenever the time came round, at intervals of twenty years, for renewing the East India Company's lease of government. If the Acts have grown obsolete let them be repealed, but they cannot be evaded without far-reaching disturbance.

The Council of India was created to supply the know

members of the Council unless the Secretary of State so directs. "Such questions as an Afghan war, writes Sir John Strachey, one of the ablest and strongest men that ever ruled an Indian Province, "negotiations with Russia and the Amir of Kabul regarding the affairs of Afghanistan, or the annexation of Burma, do not come before Council. Its members have not only no power of interference, but they have no recognised means of obtaining information in regard to such subjects other than those of the general public." But these are matters which essentially ought not to be concealed from the view of the whole Council. In the days of the East India Company the Chairman and Deputy-Chairman of the Court of Directors were members, as we have stated, of the Secret Committee. It was considered essential that these two chief functionaries of the Company should be acquainted with all and everything relating to the Government of India, and it is equally necessary that certain members of the Council of India should enjoy the means of knowing, as they ought to know, all that is passing which can immediately or incidentally affect India.

ledge of Indian affairs pos- are not communicated to the sessed by the Court of Directors, and to be a restraint on the power of a Minister, in possessing no knowledge of the subject, to administer India according to his individual pleasure. The powers given by the Act to the Council were not, however, as great as they seem to be or as they ought to be, if the Council is to be more than a consultative body. The functions of the Secret Committee were transferred by the Act of 1858 to the Secretary of State, and he may send to India, without consulting the Council, any orders (except instructions dealing especially with finance, which still require the concurrence of a majority of the Council) which, before the passing of the Act, might have been sent by the Board of Control through the Secret Committee of the Court of Directors. In matters relating to war and peace and to negotiation with the native States, and the policy to be pursued regarding them, the Secretary of State is empowered to send orders direct without submitting them to the Council or recording or giving notice of the reasons for making the order. Thus, though he may not send instructions dealing especially with finance, he may and has ordered military operations to be undertaken by the Government of India, involving an expenditure of millions of money, without the cognisance of his Council. Despatches from India on high political matters are as a rule marked "Secret" in India, and they

It is a matter of regret that the Act of 1858 did not bestow on the Council of India the important power of initiation which the Court of Directors possessed. The Court of Directors used to receive the despatches from India in the first instance, discuss them, and sub

Council table for the perusal of those Councillors who are not members of the Committee, and then come on for discussion by "the Secretary of State in Council." They are then either recommitted to the Committee or the despatch goes to India. To bring before the Council subjects only after the Secretary of State has made up his mind is a grave inroad on the usefulness of the Council. As John Stuart Mill wrote

"Unless the forms of business are such as to ensure that the Council shall exercise its judgment on all questions; that all matters requiring decision shall be considered by them and their views recorded in the initi atory stage, before the Minister has committed himself to an opinion,they will possess no more weight or clerks in his office (whom also he can consult if he pleases), and the power of the Minister will be practically uncontrolled."

influence than the same number of

mit to the Board the drafts of the despatches which they proposed to send in reply. The President of the Board might alter these drafts or substitute others in the place of them. The present procedure is entirely different. The Council is divided into several Committees, each dealing primarily with one special department of the State. The India Office is also similarly divided into departments. When а communication is received from India, a brief summary of its contents having been made for the Secretary of State, it goes to the special department to which it belongs. The head of the department or some assistant makes a précis of the matter, and drafts the despatch which he proposes should be sent in reply. This is submitted through the UnderSecretary to the Secretary of State. If the latter approves, the despatch is sent to the Committee, who consider the papers and send them back to the Minister with any alterations in the draft they recommend or observations which may occur to them. But as a rule the Committee do not care to criticise a draft which has the sanction of the Secretary of State. If the Minister differs from the Committee, he sends the paper back to be reconsidered, and occasionally Governor-General's Council, be himself visits the Committee for personal discussion of business with the members. He then finally sends the papers, with or without remark of his own, to the Council. They remain for a certain time on the

VOL. CLXXVIII.—NO. MLXXVIII.

If the power of the Minister is not to remain practically uncontrolled, changes will have to be made, not only in the form of business but in the constitution of the Council. At present the members of the Council are appointed by the Secretary of State, and hold office for a term of ten years, with a power of reappointment under special circumstances for a further term of five years. The original term should, as in the case of the members of the

for five years, for after that period a retired Indian official has no knowledge of what is going on at the moment. The Secretary of State's power of reappointment must also tend to destroy independence. As

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Blackwood's Edinburgh Magazine, Volumen178