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Report of Reforms Enquiry Committee 1924

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Appendix No. 5 te the
Report of the
Reforms Enquirv 4 Committee
1924
(Wetter Evidence) TABLE OF CONTENTS.

Memorandum by M. R. Rye. K. Rumba Younger Ad., M.L.A.
Siemorandum by Mr. C. R. Reddy, bl.L.C., hydras . . .. .. 2. Memormdum.by Sir K. V. Rcddy. ez-Minister, Madm
Memorandum by 3f. R. Ry. Rao Bahadur Bf. C. Rsjn, Honorary Secretnry,

10. Memorandum by Mr. A. S. Surre, 3I.L.C.. Bombay . ,
11. Memorandum by Xr. R. G. Pr: rdhne, X.L.C… Coition
12. Memorandum by Mr. P. R. Clinked. Beguile
13: Memorandum by Mr. B. G. Empire’s. Bombay . … ..
14. Memorandum of the Docent Saba. Prom . … ..
15. Memorandum of the Bombay Branch of the Xatione1IIorr.e Hullo I.e.:gue.
18. Memorandum of the Bombay Presidency A3ssociation. . ~ .. -.
17. Letter from the General Recertify. All-India Trade Oilier

More this they cast a legitimate doubt on our fitness for nationalitp End self-gqvcuunent. The European Press, past mnster in the arts of propaganda and diplomacy, has exploited tlie situation- in two ways. Firstly by mfluencing communal jealousies and vtmities and encouraging them t o ask tor special representation or other protection ; and secondly by turning round and declaring that these very things that it served to bring into unholy prominence, are the real obstacles in the path of Indian Home Rule, and taunting us with our inability to remove them. Seeing that Government and Europeans are not a disinterested party, it would be impossible t o conccde that non-commulism should precede Home Rde. As nbn-communnlism prevails, Home Rule will prevail ; equally true -would it be t o say that as Home Rule prevail, non-communalism will prevail also. For every country with self-government has to provide for interests which far transcend communal greeds in scope and importance. It has to provide for defence, an army, navy and so on ; modern war and modern economics go together ; and industry, commerce and science and applied science must engage the attention of Government and people to a degree inconceivable .in thisage of official jobs and favours. And when you are intent on building the nation’s strength motives stronger than communalism will naturally come into effective operation.
Bombay Governtnent. : –
Sir Chimanlal’s evidence demands in tlic first. instance an empliiitic
protest against his publication of his statement witliout previous rcferciict!
to .the written records of the Bombay Government. Sir Chimanlal seeins
to have overlooked the oath which he took on assuming the ofice of ?ILcmbcr
of Council which was i n tlie following words ” I will not directly or in-
directly communicate to any person any matter which sliall become known
to me as a Member of tlie Executive c’ouiicil except as niay be required for
the due discharge of my duty iis such or as mil?. be speciiilly perinitted
by the Governor." The grave impropriety of cnmniunicat in: siicli a state-
ment to a representative of the Associated Press seems to have entirely
escaped him as likewise tlie serious prej udim to liis foruicr colleague.; in
the Bombay Government.
2. Sir Chimiinlal opened his statement by tlie remark in paragraph 1
that " dyarcliy was the best solution for the transition pcriod " and pro-
ceeded to remiirk in piragriiplis 2 to G on the political siiuation of tiic tiiiic
wliidi seemed to him from the -start to prvjutlice- a favo!!rably trial of the
scI1emS. Tile remarks however fiiilcd to tiilic a sufficicmtli wide. vicq of
the situ’ation. . A t te confcrvnce . iu Novciiilicr in fioiiiii;ry it is

true that the, lteforms ‘ij;.licnie– *as ~ t ~ l c ~ ~ l i ~ i l by die’ iiitder;ii.& piiky;
;:t DcIIii. T I I ~ Uut h e CMgrms ot’estrrniisis rejccicd’it in Il)iw:iitiCr
reasons tlierufore for its sirp~~oscd faillire lily ilci.lyr t h i n tlie 1ievoliiticin;ii.y
JIorement Act known as the l h w l a t t Act. introduced in .J;rnriirry-
February of 1919 or the l’unjiil) h r t i d lAiiw.ofA1)ril 191!J. Jlr. G.mtllii’.<
Satyagrahi niovemcnt of 1919 merely intliciitcll the lending of his S U ~ L
port to the Congress extrcniizts w1iose’ iiiin always had been an Aritocriicy
of the Intelligence rather tliirn the Dcinocr;icy of tlic lkforins. Jlr. G,indlii
gave up Satyagraha after rccognising liis " lliniiriiiyim " niiht;iIx
upon tlie 1919 tlistiirixinces in Gujcratli. Brit hc reopened it as non-ctr-
operation in March 1920. I t \ViiS accc1)trd by the extreme piirty iw i i likely .
method of extract in: hy prcssiire sonietlting more than had buvn Kiven i)y
the Reforms, n;inicly, sorntliing iritlicatcd I)? the viigue esiircssion
" Swaraj." But it again p r ~ v c d a fiiiliire resulting in tlie Iiots of ll;i1t,;a011
and Dharwar and tlie " Swiir;ij " which ‘ * Stiink " in tlic nostrils of
31r. Gandlii i n Dccciiiber 1921 in I~onihy. The Chniiri C’liaiirii riots of
February 1922 girvc it a further blow and it w Y finally settled by tllc
imprisonment of JIr. Giincllii in JI:irch 1922. I#" liefor~ns lint1 in fkct
trirmphed over Iion-co-opcrilt ion ant1 the Swiirajists ner.e forced to admit
it towards the end of 1923 by thenizelves joining tlie Legislative Council.
3. Sir Chimanlal’s complaint in the siicceedinz paragraphs ‘i to 1::
seems, broadly speaking, to have been that the Ministers were not given
sufEcient independence in their w d i i n g of the transferred Departments.
H e had howerer alraady remarkccl " the elected people did not fully
grasp the situation that they h i d the control of the administration of the
transferred departments through tlic JIinistcrs and " the JIinistcrs not ;:thereforC cokyeyed @ entirelf inaccurate- impressiOn . & $ : . b ~ s a P t q n ~
He has had to admit in’cross-hamipation t h s iaacc’uracy as regards- legk-
lation, btit ,there were many other subject$ relating to’ Gansferred depart-
ments discussed at the joint meetings-of Ministers and yembers. Such
discussions were for all i@ents and purposes. joint meetings of Ministers.
They had every opportunity of expressing freely their opinions. They
alsohad the opportunity of listening to thc opinions of the Erecutiye Mem-
bers, but the decisions dependcd in no instance on the votes of the Esecu-
tive BIembers of. Conncil. Sir Chimanlal’s statement that Miisters were
for Some t;me in 1921 not callicd in to discuss reserved subjects with Men-
bers has to be read subject to the remark that this was the practice only
for a few months while thc regular practice ==.being settled under the
Reforms. But thereafter weekly meetings were as is shown by the append-
ed statement as a rule held a t which both transferred and reserved subjects
+ere discussed between Ministers and Yembers. Some times. subjects no
doubt were mcntioned for which there .had been no special reason to
circula,tc the papers to Ministers. Cut tkis was not the general practice
in important matters or in matters mhicfi particularly affected Ministers.
Copies of the circular of 0 ‘Donne! instanced in cross-examination mere in
particular distributed and circulation of the subsequent papers effected.
T4e circulatioq memorandum was signed by two .out of the three Ministers.
At these mcetings reserved subjects of importance, such for instance as
questions relating to lam and order and the non-co-operation movement
were besides reserved legislation discussed betwcen Xnisters and 3Iembers.
Sir Chimanlal’s statement has thiis suffered much from omission of previous
rcfermee.to the records and he has in fact hjmself contradicted thc siic-
geqtion that diarcliy mas not worked in the right.ipirit.whe.n hest.atcd at the
end of"pnragmph 10 that thc JIirii&ers bf-firmness ‘and’ *it4 ~tli~~y1tini:ite
mcppon 6f :resi@atioq in:the baceround f+ly succecdcd in ghmg mikp
to tIier own *po€icg *arid..did not blloiv themselves ..tb ,be averrqlcd upon
m y quesiinn of vital ‘princi(i1e by thc Governor, and.%gain in paragraph 13
" Ministers in Combay did thcir bcst and maintained thcir indcprndcnce
and did very uscful work in thc public interest, and the Lcgislative Coiiiicil
also aisp1;:yed considerable sense of responsibility and political sense and
did thcmsclves credit by rarious decisions of grcat benefit to the Pro-
vince." Thc fact is there were free and frequent discussions bctween
Ministers and JIernbers. IIinisters were On no occasion overruled by tlie
Governor and tlie worlting of the Reforms .was nowhcre more successEu1
than in tlic Bombay Prcsiclcncy.
5. Sir Chimarilnl has eomplnincd in somc detail about the aorking
of the rules reg;irclin,n tlic business both of the transfcrrcd and reserved
sides of the Executive Gcverr?ment.. Sir Chimanla1 has, it sccms, hrre
again becn labouring under misnpprehcnsion as t o thc ordinary mcthcdq
of disposing of the gcncral and roctine busir~ess of rn Eseclitirc Gwern-
ment. It would.of course be imprqctic;ible to m – e cvcry nintter smdl or
ereat decided by the joint board of Xinistcrs and Nembers. There miwt
be some diyision .of labour to ~ d r e it.practicable to gct through the daiip
work of the Government. The Gorernor is obviously the person t o call
Council Meetings and to distribute the work as the Head both af the trans-
ferred and reserved side:; .of the Govercmcnt. It is his duty moreo\-cr to
keep himself informed of all important matters, more especially as emer-
gency powers are specially Tested in him. Secretaries hayc therefore been 94- i -1921
1-2-1921
19.2.192 L
16-3-1921
r. 3 "
157-1921
12.-7-1921
18-7-1921
19:7-1941
22-7-1911
3-5-1021
12-5-!921
l:bi.l921
.13-.6- 192 1
16-6-1921
20-8-19"l
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23-7- 1921
2i;-7 -l!EI
30-7-1921
S-8- 1921
13-8-1921
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3-10-19!!1
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15-11-1021.
25-1 1-1921
5-12-1921
6-1-1921
12-12-1921
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20- 12-192 1
23- 19- 1921
3-1 -1922
‘17.1-1922
?4- 1-1 922
11-2-1!X?D
91-2-1022
Stdcrnent of meetings o j ilvlioltiab!e iVembers of C o m d and vf H k s ! e ; s / , o m
22th January 1991 to Dccembcr 1923.
Date.


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semorsndnrn eubmitted 5 .–lKr. A. N. Same, m.Lc., (Bom-
the Meratha and the
ules (Bombay ffovt. Notification L. D.
VM. &a@ are reserved for the Maratha i d the
Camrnnnai Pepresentation is detrimental to the
pal spirit, and it encourages attempts to advance
ticular communities some urge that it should be
xn a c :;try where the popuIation is homogeneous, literate, and UL;
d b ~ c ~ . : : i u n a l representation would be not only unnecessary but .in-
, ?’.
oc~r J..:, naible but wholly aud imperatively necessary.
~ ~ f ~ ~ ~ & : !Jut in India, and .espe.cially in the Bombay Presidency, it is
,- l-ke rr,; ,&&on is not homogeneous but is divided into innumerable
kces ~ C V :.:ing to relikions, castes and creeds, e.g:, Ilindus, Mohomedana,
ir special interests,
.I two fleciioiis have
lnsws’ tliey will have
of votes-.polled- wi!l bc seut later as n supplement to thi3
it went to R member a’i the Advanced
e first elcction, coupled with the re-
one candidate to come fomard at the !Jaratha caiididateals6 came forward, and it is to be specidly noted that
0 ‘ChristiaIl calling himself -8-.” K1:nbi’" r o t only claimed the Reserved
seat, but his chim bdng dka!lowed by- the Itetursing Officer, hc ‘filed an
election petition, but subsequently withdrew -his cont.ention. This instance
btrikiugly provcs, how mcmbers df tho Advanced Communities try t o
appmpriate what has been. given to the Backward Con:muliities, with a
view to create a conscioirsness thcm. OB their political rights and to teach
them to safc,nuard their.own ktcrcsts.
Safegu,<r&ng of the. interests of the masses vicariously is not possib!e
is clearly clcmonstratcd by tkc Sominntio.? of a Rqrcsentativc of Labour.
Iii the first Com:cii a menil)cr who did not L.e!oilg 10 tlie labouring classes
as nominated t o represent tlicin by thc Goveriiixent bat with thc cspericliec
they got, they hurc realiscc! tlic wisdom 3f comicating a member t o rcprcsciit
1aLobr nlio l~eloiigs t o .thusc ciclss- cb. *
Those wliosc interests a x ac!verscly affectcd by our prcscnce in the
Cociicii raise the fol!owiiig objections against us :-
– –
(T) Cxnmunal Eel:re:cotation creates i split and is a hindriirxe
t o tkc grci\vtii cl tlie spirit of Naticnnliiy.
. (2) The reprcnchtives belonging to tho EncLnard Comrnunil ies
?.re nurro~fmintlcxl uiid tljcy oppo.,e thc meiisurcs brcugiit
fo;l\.ard, .by tlic .xiwmberu of rhd . Advanced Communities, and
tiicrcby tIa \wt!iing of the Council is :rcpdered ‘difficult: – . -The nnsiyr t o these ohj.cctior!s iY as ‘fUll&s &.’. . .
. .
,: – . 1
fA4y with tlid>iiasscs. ThIy ohtqiii priiilcgc: in 1 he name of file in;Isscs
-.I; !o t7rc Sj.dil.–T!ie’ mcm?)rrs who nry .this objection hrc not drnling
LUL enjuy t1iv::i flirnisclws a:id do not allow thc miisscs to particilx! c ill
tilcm. I l a d tixy c1c:ilt fairly with tlic mn.jsw thc iliitcracy 2nd b:icI;-.v:ird-
l i e s t h t is rvidcnt throuF1i tlie lcngtli : i d breadth of the Prcsidc:iryi
w d t i h:cw ticcome conqriciious by its ::bscncc scvcral gcncrations nqo. : I irg t o t l x ni:isscs ivwild h v c preJnmin:l(ed. But that millcniiirli is far
13 tl!c l o : d I~otlies-n;iinicipal~iicr and locnl boai.ils-reprcvcntntivcs bclori:-
dibtnnt yet. ‘l%? mmil:!:rs rf m e favoured cnmruunitv–Cr:ihinnns in
C~7tr:il , ~ i r l l FOitti:crii Di~-isir~ns-..-ou!d not hc enjoying the linrl’s share
in the Pui)lic ?cri.it*cs and i!:c local h l i c x For tlirsc reasons tl:c otijec-:
t h i m i d i.; IKXY$~I .and imixcer?. I:’ an nppnrcnt split is noticc;ti:lc it is
Jkckward
the
Llic
x!:;)p-cs:w!
old ordcr
Cnmniunitics
tlic
of
Ic=itimztr
tliiiigs,
that
tlitre
R+r:!timq
I1.e [ilk or"
result
rcxtlon
of the prozress.
g r d oi’
The
iP
moment
tlic
Adi-nxwd
is nothjtng
lnttcr
a n d
tke
revolt
Commmiiirs.
i;o
i:ynwrd
d s c s
rondcr
aFninst
tlis
obtain
at.
the
jist
They
It
their
continuance
cliiims
is
had
a
j n s t ‘ i k ‘
natun
so
nf
Ions
the
o 9
who
tries
are inspired with the ideas of justice and equality.
composed
the apparent’split.wouId
As
to keep
t o the
doirn
Spirit
mother
of
disappear.
hTationnlity.-A
t:!e hope of
‘.
forming
._
notion is
Onc Xation
Whcrc
would
of
onc
memhe
pro
cl 4 a Mirage. This is a land of czstes and creeds and unless r e follow @
tioctrine of Live and Let Livc me shall never rench the stwe of
We must therefore learn to respect the just rights of others
fdlp submit to t h m . Unless the Hindus try to realise the jdst
of the Mohomedans and try to meet their legitimate demands ungru
in&, and.on the other hand unless the Mohomedans consent not to
k! excess of their just rights, the two sections of thc public ~ . lur; *- . .: . .
L –
r
105
_-_ inited nation d l rcmnih nnreahd. Tho
ation is far distant and till ;t is r c x h c d ~ e l – ; section mu\:
rout its own salvation. The phrase " One Sation ”. is at
. Mning and unreal. Tlicrefore it should not be suffered t o F
. _
rwliing of the Self Amelioration of the Gackmard Communi-
A . s. SLTVE,
El., LL.C., – 1. Bombay City North:
Dr. 8.8. Batliwale . . ..
Mr.A.N.Surve .. ..
106
S(JpPLEmNT$RY MEIIIORANDUM SIJBMITlXD BY MR, A. N. SURn,
bl.L.C., BOMBAY CITY NORTH (RESERVED).
RESULT OB 1920.
.. 1223 Openzest.
. . 692 Reservedseat. .. . . . 490 ,Openeat.
. .
. ,
2. Thana and Suburban-
No &ndidate for reservd seat.
3. AhmednagarDhtrict- .
Mr. J. A. Pawer . . ..
Rw, Bahdur G. K. Chitale
4. Nasik District-
. Mr. K. B. Nimbalkar : *
Mr. H. N. Sindore . . – ..
E . Poona D i s t r i c t
. .- E,G. M. Kalbhor . .
.
..
Diman Bahadur R. R. Godbole
. G. Ratnagiri District-
Mr. D. A. Vichare . . ..
R. S. L. V. Parulekar ..
Mr. S. K. BoIe
7. SholapurDistricG
&.’A. N. Surie . .
2. Thana and Suburban-
Mr. 8. J. Zunzrar Reo
3. Ahmednagar Ristrict-
Mr. C , M. Saptarshi..
Mr. N. E. Navle . . .. . . (Contested) .. .. (Gets 1208 votes more thnn
Do.

NaSi bistrict2
Mr, R. I). Shinde . . .. . , (Uncontested) Reserved

?dr. 8. P. Ligade . .
RESULTS
..
OF

I
1923.
. . 480 Reservetl scat.
1. Bombay City North-
a . &. J. I(. Mehta . .
hlr. JoscFh Baptista
. Mr. Punjnbbi Thackcrsey .. .. 4837 Openseat.
tion set aside).
.. . . 3805 Open seat.
.
. .
.. . . 1433 Reserved scat.
.. . . (Unchtakd] Re;erved mot.
.. 5868 Open Scat. (Eec-
hcr. Navle).
seat.
.. 2828 Reservedseat. .. 686 Openseat. . . 2359 Reserved seat. . . – 773 Open seat.
.. 235 Reservedseat.
.. 338 Operigeat.
.. 1814 Reservq.&s&t.
. .
– . . ’79 ( 1 ) Op6n s i t .
. _., , m J Z S l , I.I.
..
U. – –
V.A.Surve . .. ..
..
1 . ‘
.’
‘ G. M. Kalbhor
< . . agiri D i s t r i c t
– –
1- ,
i!te !
1 .,.
‘ ‘ – B. R. Nand . . .. ~
‘ ‘H.B.Pawar .. ..
.?hDistrict- –
:. V. R. Shinde . . 1 city-
. . L. : . X h A s h –
1.’ : A. S. Deshmtdch
ion’to the Reserved Constituencies Maratha- candidates contested
; constituencies in 1920 :-
.
..
..
..
. .
..
REJULTS OF I??s.
. . (Ynsuccessful).
. . (Sucrcssfulj,
Do. ‘
. .
I:- P.N. Adhav . .
. .
:I- G.R. Patd
:.. _> . . . a fistrid-
.. – ‘I: ZiK. Korgaokor
5. r i !:&Tz&s~-
– .-,I- L. 5. Chaudhari .
‘,:- D. R; Patil
3. : ‘ .- .:&trid-
I:- 3.V. Jadhso ..
r?nc ic- :.;
. . (Successful).
1: . . )e noted that in 1920rlcction l t r . R. B. Lntthc Sntf ilr. K. G.
,nted the Narcltha nnd dlieJ r:iutcs’ ictercsts.in thz .\sscmlly.
2 candidates, Mr. I<. (i. Ciic111: x i d 31r. I\. 13. Sin~;ia!i;i~r h ! h .-. T , . ~ – . r:r,fi:c.-
– –
m Bombay C’rniriil Di riillii. S ~ I I ~ – ~ ~ I I ~ ~ ~ I I I I ~ I ~ 1illr:lI. Iii!~
~ : b L . successful ; and at prwcnt tlivrc is co one in the i h c ~ n l ~ l y n’cs I . . . to these classcs to siir’cguurtl thcir intcrcsts.
bIr. Kalbhor) Reserved
. . ( u ~ ~ AWJJ vuces more than
.. . . Maharatha open seat.
eeat.
. . (Contested) Reserved scat.
.. (3010 more) Open sat.
. . (Contested) Reserved seat.
. . . . (Unsuccessful).
. . (.%TO) topped the poll.
. . l&?l (Uncuccessful).
. . 4.120 topped the list.
..
..
..
. . Ssct ion 53, para. ,?.-The Ministers are mere advisers undct
section 50, para. 1. The Governor is bound by the vote of majcrity
of Executive Couneinors except in questions affecting the safety, tranquiilitp
or interests of his Province but,’ as the Ministers are treated as rcparilte
units, they can never have any opportunity of being i n the majority and
in deciding any question f o r the progress of Self-Governmcnt. It is ucces-
sarg that the Ministers should be associated together and the Trilnsfcrretl
Subjects should be administered on .their Joint Respomibilities a.; the
1:cserved Subjects a r e administered under section 50, paragraph 1. Their
joint advice to prevail i n all matters excepting those relating to safety and
tranquillity of the Province.

.. To gire effect to this suggestion, thc Act mill have t o be ancndcd.
IlnJcr section 5’7, paragraph 11, the Act gives the discretion to ihe
Govcrnor to appoint: Council Sccretaries from among tl:c n:)ii-offIeiaI
Alembers- of the Conncil. This provision of the Act is not bro:q!it irLh
ftrrce. The object of the provision appears to be t o give first hanci linow-
ledge of the inner working of the Government to the non-official 3Irmhrrs
lmt that object is dcfeilted by not appointing Council Yccrctxitrs. Con-
sidering that financial stringency iniglit be the canse, I had offc.rd
to be a F’ouncil Yccrctnry homrarily but I was i n f o r m d in reply that niy
proposed was * ‘ noted." This curt reply lcacls me to bclieve that strisgmey
is not the mason for not appointing Council Secretaries from an?(‘ri: :he
Jferntwrs. If they arc .appointvd. thcp will be instr1iincnt;il i.n wiii(8vinK
piich of the opposition 6ascd on rnjsundcrSt$djiig~ yhich ariGs on 3q:l)ilii t
of vikong or*inc.omplct,e information. .- .
i ~ c r t i o n ,wI~.-L:I~s doim tlmt x 3tiiiist r i , stiiill not !it% : i ~ ~ L m t d l ~ .:(a. ~ i c
an oiF.cin1. Scction 52. p:ir:i. 3 stilt& $tint .tlie .F(!vrrnor ‘.sIx1~1 ‘111: .
gi~itlctl by thr atlvicc of the JIinistcrs. nnlcss hr sccs sdficicnt v a i ! ~ ; r i #I!.;-
scnt from tlicir opinion. From thes;CL’it appears that ti!ct JIinislQ.ri I I : ~ . , ,:
no power vested i n thcni. It is dcsirnblc that thc J1ini:;tcrs siioiild I I C
jointly rcsponsible for all thc Transfwred Subjwts 2s I ~ ~ ; L J aLo.;c in
corrncctior with observations on section 52.
sliould bc mnilc liy tlic Ly~~l;:! i;.r
Cnunril sulijrct to the nssrrit of tlic Govcrnor. Z ‘ U W ; ; ~ ~ ~ 7 s::irx!!!:;
I 8
8 c d i o ) i 7.’;D.-I’om. G.-Rulcs
orders ~lio1ild n o t rcqigre assent by thc Gol-enior.
DZ~-OI,L-TIOS EVI.KS TSDER SECTIOX 45 -1.
Euli: 15.-Thc Enm1)ay Prrsidcncy jnntly claims n si:!:: .:;, :.$1 .;!:!re
in thc Ilicoirlc-Tax Kc\-rnue. This point is elaborated later 07: X X ! ? ~ thc
heading " Blc-ston sct!lemc.nt ".
Rule J"O.–Proposxls for borrowing noncy should be Iix:d*c yi;ljc.ct t o
the sanctioc of the Council.
n u l e ,?6.–??~rn. 32.
A Joint Sccrctary should be appointed in assceia:ion with :!ie Fin2n-
cia1 Srcrctary. .
Rule .fU.-All-India Scryices.
Compulsory retention in Provincial employment of mer! belonqin: to
the All-India Services is a hea:y drain on the 1’roviuci:Ii Tic2s:l;r:: a d :
needs soiuc satisiiictor- solutiuu at an ear!!. clatc: l:o 1 i&aU, povincial subjects to popnlar control.
&,Ti, 1 might say that such trnnafcr would, in all probability,
co-operation of all parties with the Gorcrnmcnts, in the legjy-
– . ~- cy_ LIyvy… ",. aucuuCU as 50 provide for the transfer

orking the reforms.
:gard to (a), I wish to observe that one of the objects of th2
to develop the nation-building departments, but t h a t object
1 earricd o u t owing t o l a c k of funds. And thcrc is no hope
2% being carried out, pnlcss the provincial contributions to t h e
anrnent are substantially rcduccd. In the case of Bombay,
te ioc31 Govcrnrncut ought t o be givcn D. share of the incorne-hs
thc province.
– .:gard to ( : 3 ) serviccs with regard to trnnsft~rrc~d clt*partmcnt3
2 completely Indianizcd, and thc Vinistxs Ehould have- full
. them.
,wing things should also be done: tiz.
:,pointment of Council Yerrc-taris.
bpointment of the Joint, Financial Secretary.
jpointment of Standing Cornmittw+.
kriple of re;erration of seats for the Mahrattai and the died
! be abandoned.
members shorild he dcbarrcd from \-Otis:: on quest.iom re- ,
1sfeFcd department 3.
shi-e shonld be .d.’Rklencd as to ‘inclI.de th0.e who po.<sC?;s
the elected mcmhrs.
#
.
ad\-ance.
– . .
0
-11. L . c .
..
rary qua1ificlli~oon;tliohSh the). may not p0.i-c.;~ any ptoI!erty
– lard to tho Centrd L – Governmrnt I am emphatic.illy of opinion
ent con-tjtution i i open to the xime objections ;i?i wtxre raised
Morley-Mint0 Reforms. Thc LegiJative ~+criiIj!y has an
ritp, but no rrspon ibi!iry. This mu:t wry nfttsn ,-:ninarr;hss
3 Government, but no ri!mccIy f t x thi.4 can bc clcvi.<ed within
The follon in; rliances ni.iy, howevcr. b,. ni.:tle :-
rhe niajority of nicnilers (Jf t!ie Escciitive C0111:cil s!~oultf be’
ILdinns and rnlJSt uf thcni : h u h ] bc ::piloil;tcd from am3ng
)uld regard thcmselres as rcspon-ible tr, t!:c L+-l;lture in
!!I not in t!leory, and sholild r w g n in C.:SC of .eriods dis:ipe-
! LcgislJt,,rc.
Ihe contml of the Secrct.irv of St..tc s?io;:?d,I;e re:e.::&.
Itanding Conimittee.~.y!!o:ile~ Le nppointcsd. –
sion, I wish to 3 . i ~ t h J t the scope of inqEiry t o be rr..lde by
:e is extreme!? narrow. and what i.q w,lnr,>d is tl!c ;~ppoint-
ral Comnii sicn to inwarig .te the K?& pro!)!cm of furt!icr
E. G. P?:,iDH;IS, – LETTER ?ROM R. U. I A A U ~ .._., LSQ., Bd., LL.B..%.L.C., DATED S+sq, fqq,
I ~ T H ACGCS~ 19’71.
I beg t o enclose hcrevith o supplementary memorandun: for the considera
tion oi the Cammittee and shall be olliged by your arranging to place copies of i t ‘
before the Members of the C o r n i t t e e , before I am orally es3niincd on the 19th
instant.
112 11 i 115 ment.
J’
116
Th&e !a some truth in it, but it is hot the whole truth:
A peoplg’s genius is never perfect ; it has ‘merits or strong points, snd it
hae-also defecte or weak pohts.. A conetiintion must not be euch ae to perpe-
tuate the defects or weak points ; on the contrary it ehould be such that while,
the good points will be pcrpetuated, it will ultimately lead to t h e elimination
oi the weak points.
Franchise.
I am in favotu of widening the franchise. But I do not deem an extensive
widening of the franchise as a condition precedent to full responsible Govern-
Communal Representation.
The present arrangements about the communal representation of the
Mahommedans and the Silrhs should not be upset. But I strongly condemn
the tendency to introduce the communal principle into the constitution of local
self-governing bodies or into public appointments.
– The operation of the principle of the reservation of seats for the Mahratta
and allied castes ought to cease automatically after eome years, if it CaMOt be
dircontinued forthwith.
[Sd.) R. G. PRADHAY. NASIK ; L-7 – – CHSKODI, ESQ., B.A., DATED BELGACM, TEE l%I=
ACGVST 1924.
n of my teIegram of the 14th.imt.ant which gires i n brief the
~y evidence and which I hereby confirm, I am sending here
tying note of my written ekidence for its submission before
.iry Committe++ I am willing to be esnmined orally by tha
y date after the 23th instan; will suit me. I shall be obliged
ommunicatc by wire the data of my ord evidenoa.
?Z s – adum by Mr. P. R. Chikodi. Belgaam.
a , – . -.. . . – ..
I.. .. 118
effmf to its polioy or desire. :This s e e m to me to be due makly to the folio-siq
I
defects :-
Ci) Division of ,Provincial Government into two halves, viz., Rerrerved
.end hnsferred Departments ;
61) Abserxe of financial independenoe ;
(iai) The present faulty apstem by which Provincid Governments are
made to pay their annual contributions to Govemment of
India ;
(it) \\-act of control over the recxitrncnt: cmditioqs of scn-icc, pqy and
allon.snaes, and discipline and conduct of the Civil Serrkes
(includq the I: C. P.) in Indie ;
(v) CommumI or sectarian represcnttztion.
I comider these defects as obstac!es in the waj’ of attainkg real foms
of- responslllc goverrunc9t.
It is said that dparchy is only intended for the tnmitiom1 pcriod with the
object of s,:ppIyiq t,?x trni9bq neesmry for thc enjoyment of full responsibie
govemmon:. But ! believe +as this eqeriment, sithoq$i wel!-intcntioned, har
h i k d OF 8ccoiiXi"cf its ichrrentPlefcct. Kgovernmcnt which is cleft asundcr
into two halves70ne responsible to\the,people of one, count ry’.md. the "other
responsitle-tii h e people_ of another wuntry is in m y opinion’opjoscd t a ‘ d
principjes of ksponsiblcgovernrncct. This feaki& haaj-rcvented tfiepesple or
their votcn or their ixnciidites frolii adopting.Ia-~c pqiicl’es oh i&ch popnlnr
or Farliameni3;y parties 3rc csually built. Thexhns been thue no pbsibilitp
of forming thc parties wfiich nw casmtinl lor ;he cst3blisl~ment of 3 ‘cnbinct
.government. The prosent niiiiistiy lccks a11 the rccognisec! principles t.hat are
cecessar-y !or the formation of cgbinet. Eesides, the method d i c h is now
adoptod for appointing the icinistcis goes against bringing together into one
p r t ? the .various groups i!i the Legi-lative Council. I therefore think that
dyaichy has nat:iraily faiitd to give the training espected of it. The only
way to give the real training is to grmt full msponyille gosenment by doing
tnay with the present systum.of reseiwcl and transferred subjects. On account
of this .division of subjects there is no idependencc to e-qcQd the provincial
rerenues, nor is it possible for the GovernmeEt as a n-!:ole to nllocate the
revenues -for each department on their joizt responsilllity. Each provinca
must have ite o m Consoiidated Fund aix+ar to thct in England into which
all.ths revenucs should bc pooled, and contrib i ‘ n s to Central Government
should generally be made on the basis of certndkxed perce
revenueaand OH the principle that the needs of eachh$covinc
ita Legislative Council should rFeive a prior consideration in the
percentages. In order that the provincial cabinet should b
out ita policy aud programme which it has promised to it
there &odd be a complete h n c i d independence. Each pro
its own Civil Services under the control of its g w e m e
recruitment and an the conditions of tenure being settle
legislative Acts: The conditions of tenure of t5e existing holders of bffii
h the civil Services including the Indian Civil Sezvice should also be socud 119
P. R. CHTKODI. 120
. .
Memorandum by I r e ‘ B: G. Sspre, M.A, Life Member,
Deccan Education Sooiety, Zoona. Professor of History,
. .
‘ D
.
Wellingdon College, District Satara.
I. Personal.-I must, begin b; stating that I liire no practical or first-
hand experience of the difficulties to which llic operation of the Govern-
ment of India Act has given rise. But I haw been following with some
intcmst the various criticisms that hare bcen mndc agaiust the Reforms,
a ~ d I ‘am appfbuching thc problem +Y a detachcd spectator and political
tlicorist. Nor do I pretend to subject the test of the.Act to any minute
and critical esamination such as a constitutional lawyer would delight in
doing. Not that there are nQ ambiguities in thc Act ; but they have been
pointed
C.cntral Legislatures
out, .debated
and
and
they
authoritatively
arc 1mon-n to
interpreted
the Committee.
in the . I take
Local
it that
and
the ambigiiitki will bc i-emorcd a t the time of amendment. My object is
to show that it is rossible to devise a Scheme. of Government which will
;ictmirirbly fit. in with ‘! the s!ructurc, policy and purpose ” of the Govern-
rncnt of Iadia Act: I hope that RJ‘ suggcstiGns may not be found value-
. I . . . .
.$. – i 3 r o t l a E l iOn:-C,nc! mist car~fully !~nhe&hd The I)oi@,..of. view
less. .., . .
arc to lie. acccpt;J~lc. ‘l’lic? grrftinq of t . h . plant 05 ‘ I Responsible Govern-
.from which rccommeM3tiom arc. to 6c matlc-to . t h e . Committee;.if thcy
mcnt ” upnn tlic trnnlr of Eii~t~iLU~~r:icy n-i:s undoubtcdly an unprccetlcntctl
cxperimcnt in St;itc craft. By its w r y natye, thcrcfore, it reqpird
ansinn:; i\ntclii~ig an.11 constant. adaptation t o chnging circumstances. At
t!m time of 1:iuceliir.g that espcrjmc,nt Parlkwncnt tholight that ten years
.mould not bc‘ an unduly 1onz.period a t thc end of rrhich to review tlic
wlinle situnl ion. Cut vnrhiis catiscs cnmlhc*d t o arcelcrate the m.arch of
evcnts in Inilin. ( u ) The hostility fo tile Reforms a t first assumcd tlic
form of boycotting the Coiincils. T h y w r e not, tlwreforc, thorougiily
rcprcscntativc and conld not I:? as cfficicrrt as they would otherwise harc
h e n . Cut they provcd ‘ suficicntly powerful wd the. Nm-co-operatom
\ v e x oblilcd to revise their policy. Many of tlxm tnrned I ‘ Swarajists.”
.They delerinincd to conlcst the elections, though thcy w r e resolved upon.
‘npssity
the Public
of
Services
appointing
in
a
India
Royal
rendered
Coinmission
inevitnbl
to g B into
an earlier
thc grievances
re-opening
of
i‘ ending or mending ” the Rcforms tlirozigh .the Councils. ( b ) The
of the brger. constitutional issue. (c) Indian hopes and aspirations mere
quickened by thc adrcr,t of tlic Labour Party to power. ( d ) The Reforms
l.hemsel.;es did not nchicvc all thcse things that were espected of them.
Their introducticn vcchronincd with .the transition of India, along with
the rest of the world, to peace conditions. No wonder if many hardships
e.g., enhanced tasation due to rise in prices, disastrous experiments in
regulating exchange, enormous increase in Military ‘expenditure, which,
in any case, were inseparable from such transition, were attributed to the
new system of Gorernmer.t. (c) On account of financial stringency many
BIinistcrs could not do things which \\-&re near& their heart, and their ..- @mion has bcen intensified ; and the Councils have been hmdicdpped by
tHe presence therein -of MelhbelS who hail from backward districts. It is.
certainly difficult % revoke a privilege once graaterd Perhaps a better
arrangcment mould be to elect the quota of coFuna1 members as now
h e d from BS wide a constituency a8 possible. This *odd, by enlarging
the 5eld of choice, improve the quality of the .Members. Then done can
the ‘members combine with their colleagaes upon other than the communal
h i s , The Whole experiment of Responsible Government would be 5
failure if this habit of doaperation and comont organizatim is not’
emouraged mong them. The popular Ministee. W?ll have a well-knit
fqllowing to support them and thgiir advocacy of a.measum would be more
effective,!

5. The Provincial Ezecritivc i-
C r & h of Dyprc!t$.-But if the Prex<nc;al legislature may eontinus
tinch@gcd, the provincial esecutive muh be importantly modified.
Though the divisiofl of fnncticns hetiveen ” Central " and " Provin-
cial " is satisfactory, that hetxeca I’ reserved " and " transfcrrEd " is
fiot so. The rcasoh is not far to s&!k. ‘ I Dyarchy " rim essentially d
‘transitional mcasure. PIy reserving iinportant subjects the possible itangsrs.
Of traasferring porrer to inesperichcfi>d ;)opi:Icr Ministers were minimisc?.
Rut by unduly,niirrou-i~ the M.ini?<eriiil field Dy~rchj. has stultified itself!.
I t has becn conilclcmnFd on-other grciunds also :. i t !ias.mnde €& addiuktrji-
t i p -{op-hCa-:y ; it h& cripplzd the power of thc JXin$m In ,financial
matters.
., ‘ * . \
But the four J C ~ I % ‘ eq&encb of dinrthy Ens ‘not been’ksted: It
has demonst.rated. it xms to me. that in tlic tr;insitic?n t o h i 1 Gmsponsiblc-
Government the Govcrnor will phy a mncc dccifire part tlinn the jllnetllrc
t!ie popular exi?ixit.ive. The l(:ss of such
He should be in charge of the Finance Department. . ,
. .
of an officid csccutirc \&I1
jnncture m e h : m the hcttcr for us. In fact thcre are two ways of attain-
ing Responsible Government : ( a ) Dyarcky, with its prccess of the gradcat
expansion of tho transferred field ; ( b ) till? pzacluid rdnction of the
GoTernor to the positicn,of a I ‘ Constitutional figurehead " of the esecua
tive.
. . PrGposed nltcrnatizy.-It is time to adopt the sccond alternative. An ,
arrangement like the following will be f o i i d hfirehient.
subjects in which the Govcrnor and the Qovernor General are d u l l y
jnterested, e.g., Finance, rrxintenance of peace, etc., and in regard to which
$heir responsibility to Parliament cannot be shifted, should be .rcscrwd.
There should be only two members of the Espyltivc Conncil-one officjl
and the other non-official. .The officia1,shauld generally be a Europedn.
The Senior Executive Councillor should be called I’ Ceputy .Governor ";
Not more than three Jiinistcrs will be required in the larger Provinces ;
h o would arBce i the smnllcr ones. The Deputy Governor
preside at Meetings of the Esecutive Council and the Ministers. No fin
arders should be taken at this stage but as far as possible nn agreemen
ahoulcj be arrived at. The results of the deliberation should be plac
before the Gowmor w b bth the Executive Councillors and the Jiinis!e r – . …
? ’
. .
r . . ,
, …
1
,. c
. . t 3 e C E h l r i e S .
124
the Ioeal legislature, a Council Secretory who shall hold Office
during the tenure of Office of the appointing Minister and
discharge such duties as are assigned to him by the Minister.”
Thus the advantages of making such appointments will be secured.
The Executive Councillors &o, if they like, may appoint such Council
Hatab .of Ministers.-One way by which collective responsibility. of
Ministers will be strengthened is to make the salary of the ministers
dcfinitdy depend upon the vote of the Council. At present the Governor
can, in the .dternative, give .@ern a .pay equd to that o f . the Executive
Councillors, though the Council may cut it down There should be no
such alternative. It’ only provides a superfluous pretest‘ to draw com-
parisons between Executive Councillors and . Ministers, and betweeit
individual Ministers The discussions on this subject in the Couneilv have
not always been edifying.
Thus in Section 4 af the Act,
For “ These may be paid ” &c.
vote of
..
Read “ .The N a r y of the lfinisted shnll be provided by
.t& .ISgislatii.e Couricil of the Province.”
_. .. . . . -.*- – . Partiamentayy Gouernors.-Lil.final advantag6of fh’e proposed a’rraxqc-
’m&’%ust nbiv be po”ltcd out here. Section.3. of the Act grovides tl!at
.!‘ the Governors of thc- dcivly crcated Governors’ Provinces shall Ic
appointed after consultation with thc Govcrnor General. ” A clause lilic
this shows what the Viccroy and the Secretary of State can do withinitlic
four corners of thc Act. There is nothing in the Act to prevent them
from recommending to Ilk Majesty the appointment of Indians as Gov-
ernors of these Provinces. The,appointmcnt of Lord Sinha is a strikinc
proof of this Statcmcnt. Lord JIorlcy did not hesitate to excrcisc such
a disuction in recommcnding the. appointmcnt, of Indians as Exccutiv,:
Councillors, and this mcnsurc, of irliicli tlicrc is no xicntion in tlic Jlor!cy-
Rlinto Act of 1909, was perhaps tlic most important part, from thc practicul
point-of vicm, of tlic Reforms associated with those two Statesmen.
But thc example was not followed np. On the otlicr hand BIcmbcrs
of the Civil Service were elevatcd ta that post. Now I am convinced t!id
if there was ever thc.accessity of having at the t of the administration
Englishmen imbued with Parliamentary traditionet is now. Upon t!wn
has fallen the task of gdiding India to the goal of Responsible Gorernmcilt.
Whatever merits the Members of Civil Service might claim-they cannot
pretend t o first-hand knowledge of Parliamentary Institutions ; and cven
thc. claim to such merits will be weakened if thcrc is any truth in tho
complaint that well-conncctcd youths in England nrc now unwilling to
choose an Indian carccr, and thcrc is a conscquent falling off in the qualit7
of the Civil Servants. To entrust the delicpte task of piloting thc ship
of ResponsikJe Government through the dangerous waters of politird
agitation and communal jealousies in India to-them is to invite certain
disaster. The helmsman must either be one who has weathered many 3
storm in Parliwent o r one who iss#ktctit.eZy feels what Indians want, as am1 political charges shaiild be so exempt. The very important head Of
defence should be ‘definitely thrown open to the votc cf the Council, though
the Viceroy’s power of restoring any grant.s-in this p a r t of the budget
should be emphasized
Similarly I do nc: SIX any cogent reason f m excluding the salary of
the Chief C’orr~uis;ioners from the vote of the A x m b l y . It is true that
the Chief Commissioiicrs are under the immdi:itc supcrvision of th?
Governor Gencrnl ; but (particularly as many of these minor chnrges ha-ie
becn given some rcpresefitation i n the Assenib!y). thc administrztion OP
these tracts should be amenable to review. and critici-n? i n the Assembly.
Section 25 ( 3 ) iv should bc omcnded accordingly.
Council h’ecrctar:rs.-T!ie appointments v ~ c opposed in the Legislaiivc
Assembly on grounds of which I fully appreciate the ccgency. The d i 5 –
culties are even greater in the Legislaii.i.-e ,Issc:n’Dly than in the T’rovincini
Council, because of t!ie absence in the former of -Iksponsible Gorernmcnt.
B u t they will be dinihishcd if thc appointniccts arc m:ide by tlic JIciiihrr
of the E s e c u t i x Council (particularly the Indian JIernbrrs), wirh the
approval of the Governor General. The Secretiiries should !x!d o f 5 c
during the p1e;isure of the Esccctive Councillors. but their salaries shoiilil
depend upon The rote of thc Ascuilily. ‘i’hi:i wonltl be 3 faint antl indiract
appreaeh to the ‘I S i m u l a c r q ” of respmsibility iE the Central Govcrn-
ment. In course of time the ExEcutivc Councillors should be made to stam!
in the sanic relation t o tkc Ausembl:.-:
-. . .. ‘
,
– .
. Giidi’an arrnngpmcnb will iiye opportiinitics to t i l e . S l q m h r s of t!w
Assembly to get pr:icrical cspericnce of atlmi!iistr:ition. -and rlic CovFrnor
General will not bc-directly involved in m y conflict with t h c ;lsscinb!y. .

d p p o in! ) ) I cn ts/i7r t It c Gt,rrc!n rill f .-Thc alwncc o E ros ponqibil i t y i 11 the
Cfntral GorerrAGnt makcs it ah!;Glately n c c e s i r y that mori! Inciiiins s!i(Bllt1
be appointccl to important posts in thc Sccrct:iri:it of the Guvcrnriivnt of
India. 1 most licartily agrcc 1rit.h thc svniimcnts espresred on this subjwt
by the Rt. I I m . V. S. Enstri in the I’unncil of Si:lte. T1:e Inperin1
Sttcretariat sliouid be Jii(ii:fiii;!d froin wii!i i)i 60 long as it is lint to surwntl+:r
occasiona!ly to I!upular attack in the As;.;:.~~iEly.
T!tr Piiblic. Scrrii*c:.-I am in &ncr:il ;ip+rncnt with the recnn?mrn:!;i-
tions of the " Lcl: Cornmisicn ” on thc Piii>Iir Scr;.icvs. TIwy an’ in ‘
consonancc with thc l o g i d implicntiozs of " Dyarciiy ". Tlwir rwoni-
mendation rcxgnrding thc I’uhlic Scrv-icc Cummi?-.iion s1:ouL.l bc for:hJvitb j
given eGcct to. .
8. Thc Secretcry if SL’ii:~.-‘i’!i~ rrl,itin lietmcen tlic Secretary o€
Statc in Council antl tlic Governmiat nf T n t l i 3 a x t;c:?n nindc vcr:; cinstic
by the n c x Act. Ex?rnciv.c l.wwrs of ralc-niJiinl: haw bcen qiven to the
Secretary of State. I do nct if all thc ncw Rules havc. been m:ide
public. The rontrcl of The SccrctnT of S t i t c should be relaxed pari possir
with the substitution of :he Fopclar control in India.
In one respect I haye to makc a definite recommendation : the Secretary
of State should h n e t w o Parlianientarj- 1;nder Siecrr9nries onc of w \ . E G ~ ‘ .
should be alwv.lys an Indian. I t will not be difficiilt for Governmrxt tff]
secure a " safe " scat to sneh a n Indian to enablr him t o becnme an Jf. F: I! nr, snat k available, the Indian should be created n Pew. PosSi5ly some
Ine!iass might go to England, stay there axid I ‘ niirsc " a csutituency,
which. in itself, would be a very valuable training. S o t only mould thi:
point of v i m be better put in thc House of Parliament by an Indiaq
but tile acquaintance with Pailkmelliary procedure would lie an inva!iiable
acc,iiisition to the Indian. Ilc would? on his return to Indin; be better
j i t t d TO be a Governor of a Prorince as recommended in an enr!ier pnit cuf
the stzement. Lord Sinha’s case i s a precedent for such a practice.
,
C,;ncZusion.-Such are my viers and rwommcndations ryarding the
proprwd amendment of the Ir?diaa Copstitution. Importi3t pan-ers can
be tr:!r:sferred t o the pecpk even within t!ie A c t as it RGY; stands. aild thc
pr,>srr,t interim Inquiry will hay-!: justified itself only if it explored all
sucbh rasibilities of transfer witA in the Act and mndc suitable ~c:omm~ada-
*i..m :.I the Gowmor Gmcral in Comcil.
13. G. SAPRE. 125
Memorandum of the Deccan Sabhrt, POOM;
Tho Council of the Deccan Sabha, Poona, desires to submit for the
consideration. of the Reforms Enquiry Committee the following views on
the subject of the difficulties arising from, or defects inherent in, tbbe
working of the Government of. India Aot and the Rules thereunder.
2. The Council of the Sabha a t the. outset regrets that the Govern-
ment of India, in inviting representatlorn from the public have not
favoured public bodies with m y questionnaire embodying qucstions regard-
ing specific provisions of the Act ; neither have they seen their may to
place the.public in possession of any data as a result of their own prc-
*nary Departmental enquiry into the question through- an earlier
Committee presided over by the Home Member. Under these cireum-
stances, it is not the purpose of this memorandum to offer a detailed
criticism of the provisions of the Government of India Act, or to suggest
amendments thereto in detail, especially as the Sabha does not lay claim
to, any authoritative inside knowledge of the day-to-day administration

under tpe 4ct,:or of any of the confidential rules passed under the Act,
e.g.,’for the transaction ‘of business, between the .Governor in Council or
the. Qovernor. acting with Nihistcrs. The views submitted- harein a p
broadly NtTorth ‘as based on observations aid. ekperience- OT the. workins
of the Indian add ProvinciaI Legislatures, their relations wi*,-‘*:
Executive, and the gweral..e!€ect of the Reforms on- the we&being gf -2
the people in all Dqurtments of administration since 1921.
3. The Council of the Sabha notes with regret that the terms of
reference to the Committce seem to be restricted in scope and purpose,
inasmuch as the Committce is asked to investigate the feasibility of
securiqg remedies for thc dcfccts in the Act, either by-
( a ) action taken by the rubmaking power undcr the Act, or
(a) by such amendments of the Act as may’be nccesmry to rectify
administratiye imperfcctions.
4. In the opinio% of tI1c’SiiI,I1il, tlic \vorIiinc of tlic Covcri;mmt of
India Act hzis tlisclosrtl not .only minor ii~ipi!ri’cctions I ~ i i t somc serious
structural defects ; tlicsc iilvolvi! not only iiiii!or 1*?j);1irs to :!w polit icil
machine, but strnftiiriil altcr~itioiis ; ‘ c i ; ~ l ;:s t .".I> tin, ,s:;in:I t o g d i w , ilic
administrative imperfcctiocs canriot be rwti!&I q:I:out roucliiiig qricstio:Is
.of principlc and policy.
In submitting thc follow\-ing vicw, !]:c sd11ii i:l:t*:prcts tllc c:qlzs&n
" Administrati~-u~impcrt’cctions " cnnt:i;ne~l ir, rlic tL*i*!ix df ref-rsicc to .
mcan, in the brcndcst scns, scrh i~ii,.i.i.frcticr:n, 3s !ii:.xipcr ::c!;l::i\istr:\-
tion and good goxrrxitiit ; aid it f2r:kc.r trE:ts :!::;! if ill,: c:.:ijtc;lcc
of substantial defects is demonstrated by the presect inquiry, Gc.:-.?rnment .i
will not hesitate to urge upon Parliamer?: a – rencdelling of the Act,
irrespective of the ten years’ statutory pcriod,.cven if, as o logical outcoice
of this inquiry, the remedy inrolves z larger issue concerning the policy
underlying the Act; ;,(- I ,: . . ,)f the Sabha desire to pohr OUT =at tne funda- 5 , !, ,
elkient
FIZY
8 Central
. ,;s . ..
(fovcrnmsnr.
– .. ‘
working of the Government of India Act,,
a t every step, .during .the last three or
n of the Executive, which-is responsible
ary of State, but which is faced with a
ty of fire-sevenths in the Legislative Assembly
a1 members in the Council of State. During the
e Assembly, the Executive could carry on its
ly by the good will of the h e m b l y ; inst ces,
of the Esecutiye coming intq :confiict’wi# the
d’ to resort to the G~ernor-~en’eral’s.extra-
ion of Grants or Certification of Bills. The
er aggravated in the second Assembly, whose
stant warfare with o r obstruction to, the
E~~~~.:;:-. M n opposition which. is perhaps the unnroidable result of a
-hi& stints the popular branch of the Legislature of the- necessary
+.of a iep’resentatiye body. The result is obvio\is, and may well
.led if in Englapd, for instance, the Crown were to try to retain
a ~1in;>:m’in spite of a hostile majority in successive elections. Thd
-E~ec11:i;.e is bound Qnder such a system to find itself unable, in spite
cf all i . y h of bhndishmcnts or cnjolry to carry throu, nh its essentiul
h p i z l a r i , ~ i o i ~ supplies necessary for purposes of a smooth and
a – .
ious defect of the pkseqt. Act which causes constant
and thereby grcat difficuttics i s the rigid control
te fet .India aver the whole field of administration
India. Section 2 of the Act gives crmprekensive did contemplate to mnko it p@ble for the Secretary of Stn’te to minx
his, eohtrol, although Parlinmegt then hncw that ‘no element of recponsi-
b,ility Wed in .the ‘ Central2 Qiilerninent: ‘However, whatever the intcr-
‘prehtion of section 19A. oa this ‘pomf.th?iy;be,” the Gabha is.coni6nced
t h a t im+sij this control is reIaxed, either by rules or by a chsagc in-the
.Act, so BS to give the Covemmrnt of India the largest measure of inde-
pendence of the Secretary of. State which is compztible with the discharce
of his own duties the extreme rigidity of this excessive ccntrol d l in
actual practice in coming pears, prove more and more an impedimeub to
go4 administration.
_, (35 A i r ( i and by n o means a less anbarrasing dradxtck inherell;
in the Act is the f a r too tight a grip of the Secretary.of State under
his statutory powers over the handiirig of the revenues of India in the
United Kingdom. In the opioion of the Snhha, the time has arrived to
ameod the Act in such a minner as to ena’olc the Go;erzmcnt of India
to manage their own financial operztiors in Engiand through the High
, :
Commis$oner, and not necessarily through the Eiink of England, subject,
however, to such moneys as may be prescribed under any law to bo
reserved in the hands of the Secrctgry of S t t e to meet his obligations in
D
– .

England.
(4) Another source of difficulty and friction between the Esecutiw
and-the Lezislature has been the limitations placed by the Act on the
poyers of the Legislature to discuss and vote Cudget supplies nccording
to .the ‘classification’. under sect.ion 67A. of votnhle and noli-rutnU.e items..
This provision of tho Act. i s -framed and also interpreted in. a way which
.shows an ampuk$ of distrust. of the LegislAture ; it. compels the &c:nLiy
t o utilise its voting pomers arbitrarily as a Aery1 against .the n o n – ~ g t d h . ..
items, much to the detriment of harmonious administrntion.. The sectron
should be mndc clearer, son-rotable itcm_s’of the Bud& ‘should be $early
defined and their category cut down to !he lowest limits
(5) Considerable ditliculty and trouble hm-e bccn engendered by the
p d i s i o n aa womied a t present in section 67B (1) – f w a case of refusal
or failure on the’ part ‘of the Legis!ature t o pass Legislation whkh is-.
deemed administratively essential by thc Executive. The Governor-
General is empowered in such a CaPe to certify that the passage of a
Bill is essential for the " sifetj-, tranquillity and interests of British ,
India ". The words " and interests " are tco wide even for- purposes .’
of an aErmatire power of Iqislaticn ; it -is dificult, no doubt, to suggest
any substitnte for this wording ; but the Ssbha thinks that ihcy can
safely be dropprd from this Secticin, IcavinK the said powrr to be
esercised by the Governor-Gcuerd ouly .for the safety snd tranquillity
of British India.
6. These are -the main defects in thc Act, which, it is desirable to
remove at the earliest opportunity.
The principal change necessary’ for making t i e Act smoothly’ mork~.
able and to remove its defects is to intrcduce rcsponsibility in Central
Government. The Liberal party -to which thc. Sabha belongs has from
the verp beginning of the discussion of the Xontagu-Chelmsiord proposals’
contended for. the principle of some responsibi!ity in the Ccntral GoverA:
ment. The working of the dual system in the Provinces has IU)W made
rt clear .that .the .amount o f . reypnnsibility , in the Central Govenunenl
needed far p ~ p o ~ e s of good admiristratim ik’tlie trmsfcr of d l ths :-Foreign reIatiom,. ,’and (ii) ‘ Defehce
a&e*&e Government :of India ehonld &main. .:m ‘pl,$iop
The
pf
Sabha
>he present.
is emphntically
unworiiabfiity
of opinidn
of thd.Act,
that-
vpzT,-,r. :.. – q e $fiw thC.dtention of the Committee the need ta.
pers:la,j.: +:, !..-: :r entborities ‘and Parliament to realise tbe aituatioa-
of the Governmcnt of India Act on a widcr an,! ur,.l.-rn*. 1% +&&on . –
I < ; ! I . -.,. . . . .
. ,
.<,:
,. – ..
~ : *dtience for any premature constitutions1 advance.’
, a+.this chnnge in,the interest of good administra-]
b2i5.
e tht ijuch a change m the’ structvre of the’ Act may
..-. .. : ? – jndden a change to be thought of a t the present stiige
. :i.. : ,y ,.the Gorernment of India or by Parliament as too
; ::. . , development. The Sabha is not unaware of the many
– . .. . . – 0 – SO substantial an advance on the ground, e.g., . o f ,
. :-. , f he electorates in India, difficulties due to communal
. – 1 .. . . ‘crests of minorities, and the interests of Europenn
f Gorernment since
7
!I-<
-nrn
* h a t i w s
be
h:&mjnis:ni:i 2 . The problem is ork of. irremovable Excchtiw con-
-.dverPe elected majority in the Legislature. As the
:d Report in one placc has remarkcd (p. 105).
Canada or Malta, attempts have bccn made to sct up
m+remn-si;:., i’.:ecutivr! and a popu1:ir Ascmbly, acute con%ict has
mimed arc? h::. 7 . -;ulted in eithcr an advnncc to popular Government ar
t o ~ ‘ i – . +icy". This being the esperience, what mill be the
7 :%be Government of India or the Parliament .I Will
&&e R rr.?i:rz * , . utocracy ? or mill it IIC! a continuous mnrfarc with nn
Govcnior General’s
constitutional safguar&
ernors’ Provinces.
working of the Act in the Provinces where
has been at work under the system of 132 5 : . s . .%$%iJ-*e – (01 82,: _ . _. .
remarks. aa .applied to .%hi. power
Nif&#6tsb1e.” ‘items in the Indian Budget
-gar& Provincial Budgets. Also the’ power of
mo,.inF rs.s; p p , , j , + ~ ~ so 88 to alter the destination of a grant from
on^ h,:,.: :,, .mother (though not between resened and transferred heads).
.
orcr ..
s?’.5iei3 1. . . .1
:“.:,A in the old Councils should be allowed to the Legislative
-+,.;.
t ~ , L : .
-1:
may
– . > I-.
~e i.;
I ..
.;fit
&&ha
about
.thinks – that generally the following changes, inter talk
(1 1: -he proi-isions of Part V of the Government of India j!c%
-ior; I), the powers of control of the Governor General in Con cll
mer L,)e:.l &i-ernments be restricted for the purposes of safeguarding
‘&p hterv-r, 3f central subjects only.
.
1 : I: ; 1. &we .imperfections found in the working opthe Act, either
(,: ,:, :&eirkumdnti\.e.effect, the -Satha is driren to the conclusiou
’&e&bn.qf redtitying the defects would be- to sg amend the
30, if0 .alvaf’ with the present hali-may house. and to
f L‘autonomy’in, the provinces. The. Sabha fears that it may
i ’ t o eEect this change under the present’Act o r pules there-
.t’is,strongly of opinion that all nccessary steps be t e e n
substantive amendment of the Act to put an end to the
.hical form of Government.
be amcndcd so ns to restrict Governorships to
scrviccs, 1Jrcfer:ibly to men with Parliamentary
so as to Bilow largest financial 134
Memorandum of tho Bombay Branch of the National Home
Rule Leagiie. 135 ulees of I { . 1;. f!. the Duke of c’onnaught and Lord Chehsford at the
. – .- __.,. , . r -i … .. Indjan L~c~i,l~.turc in 1921 that autocracy had been
the word i r : e r p c t a
hnj the proxnixe of ih: k’inance Member of the Governbent
his Ea(!gct s;ic-r~:ii of iilc -me year that no taxes would here-
ied except wi;h tix cu::.,c:nt of the Legislative Assembly, t h e
‘aoubled lnst year by resort t o the emergency powers Fested
mor-Gener;rl after the proposal had been twice rejected by the
.a third point’ which merits =onsideration. The question a8
be discretion of the Governor-General. estends in permitting
jq+lature either to discuss or to vote upon the Budget h a
L n ~ r OWcerv of the Crown in England i n a manner 1 by ecling thc polit.ical aspirations of India. Serious doubts have
ed by compcterit lcgal authorities in this country as to the
-the \+w tiilicn of section 6 i A of the Gorernmcnt of India
()~ficers of tfie Crown in Xngland which prevenied the
hsemlily from voting expcncliture on certain items and
on Defence. \VC hold strongly thiit fading this, Indian
d not be satisfied with anythiny less than a certain minimum
re on Defence k i n g tcmpiirarily made non-rotable the period
Ilnolint oi which may both be tlecidd hereafter by consults-
1 proposals for erlwnditurc I i c y o r d r!iis esxntinl minimum
ject to tlie vi!te to the Lc+lative Jsseriibly.
bnc more point of importance to.nhich we dram the ntten-
?ommitlee. ‘i’lrc I’rcsiiicqt of the A w i n l l y in the first twu
Lst Assembly allyvct) non-oficiiil rncrnbers to malic proposah
e taxation :in11 ttiusc were disciissctl on the,floor of the I!oiise:
ever, he -pi\ c ;i d i n : by which non-officials werc prccludcil
ng altcrnativc tasillioli anti in ticiinz so;, hi:. rjslied or1 t l ~ c
he Lloukc of C‘oirinioris. Nr. d:ininukis Dw:lrli:iclas. oi1r
10 was then in the -1ssern’Jly. drcw attention to the fact in
a speech that it is not riqlit to impose upon this House
ns of the llousc O E (lomrnons without extending to i t t h e
@imilar to thosc en joycd by thc British I’iirliamcnt, where
would have to go oiit of ofice if their pro~iosals werc not
1923, thc i ’ r c d c n t wcnt back on the ruling hc had prc-
XI allowing mcml~ers to rejrct o r .reduce some grants on t h e
on the ground thilt the cxpcriditurc on thc non-votable items
1 3 i
should remnin in the Act ”. spite of the amur-
sible b y action taken under section 4 ~ ~ 1 SO
transferred subjects in the pro\-inccs as to
nomy ; it is a demand which has been voiced
one province and, if the provincial Councik
the siibjcct, they would have been supported
of them. But even ‘complete provinciar
reduction Of responsibility in the Central
ing relief to the discontent widely prevalent
to one authority. competent to e s p r e s an
there would he, under this arrangement, constant
autonomous provincial Governments and an auto-
ent- IVe \\.onM, therefme, urge that no time to:
."ee-:&vemnt
should b&-los” in settiring afi-&o~’ 15?.€he..prkif do?IatihIt.kIndO
wnfer,,ugon ,the.pt$’b>e!ipottSihilitf in the Qov63ament: of their country,
-b .regards dcfence
and ,fo~?r &i& ,uhta”th$’&-Lk" &[&’..to! nnciettah ,the .burden .of fuU
wit# ~ m d : *;esCi+&i&’
p p o ~ & h v’. . w e ‘hre’.eo&in’ced that the defects in the- working :of the
Act cannot. be removed withcut’ a radical cha*i in t h e Act itself. I t a
&r thft,reason’thot n e have.refraincd from emmining some of the other
provi&iom of’ the Ghvermhent .of India Act under which action in certain
directions nny.be possible ; as an instance, attention may be iuritcd to
kCtion”43A, ‘-wfiich: would ‘enable members .of tlic Legislative bsembly
Co’be .a;epointed Council Sccrctaries. A resolution on this subject was,
in fact, brought forward, but it was opposed by.most of the non-officklu
in the Assembly .on the ground that such a step would weaken their.
voting strength and rejectea. Advance by the ru1elm;li;ing poiver con-
forred by the Qovernment of India would be of such a tartly nature and,.
ander the existing conqtitution of such doubtful VG~EC, that we woul..i’
earnestly press for an inquiry of a comprehensive character. .It is-o’uvioi~u
that such a step wGa realised as being within the boiinds of possibi1i:y
when Sir blalcolm H d c y declared on behalf of the Government of India,
with the authority of liis Alajesty’s Governincut : " but if our enquiry
shows that no adviuce was possible without amcnding the Corntitiltion,
then the question of advance must be left as an entirely open and separ:rte
issue ‘on ,which Government is i n .no way committed." (Lcpis!;rtive
assembly Debilk, 18th Fcbruary 1924, p. 751). A siqilar statcmcnt wu
made by the Secrctary ‘of State in the Uoue of. L&is, 2~ recently u, the
21st July this . year. . . . – _’ . .
w e would submit. in conclusion, t h s it is
. _ in ~ the J ~ I & taiscd bf- the
two declar&:n.o contained in our prc:.ious pr:igr:iph ihat wc are sub-
mitting this Memorandum.
,. . . .
JiUIXAD AS D WARRAD AS, . President,
Bombay Branch of thp Ndio?za! Iionic nu!;! Lcagus.
PART II.
POWERS OF PROVINCIAL LECISL-ITUIEES. .
(BY KAXJI Q\VARKID&,
.’
Section 808 of the Gorernmrnt of Ihdin Act, 131.7 dcaLs wich the
powers of the Provincial Legislatures and sections SCA (3) rads a
:oIlows :-
4 4 The Local Iegislatnre of any province map not. witlrol~t thc
previous sanction of the Governor-General, mnke o r take inti
consideration any law
( c ) regulating opj central subject, re. . I
. . sn "that
uenjly
not
an
as;4entej
Bit
be deemed’invalid
o r a
to
proviai:in
by. t l i d
by’
CO:
of
reason
act
crnor-Cr~einl.
made
ody
hF
of
a
its
i n
10cd
requiring-
pursuanw
Iegislature
the
of
sanction of the Governor-Gcncral under this rlct."
jh-more one
kfoms
‘ &use
Enquiry
thirn
created certain
Comhittee
occasion,
difficulties
and
mhose
it should
terms
in the
be
of
brought
Bombay
reference
t o
Legislative
the
a r e
notice –
139
t ) , < a l a t i n g . – a q pm\-incial subject v S c h has been declared by
;i i. ;.rules under this Act to be. eithrr in whole or in part, subject
-:’. to legislation by the Indian L r g i h t u r e i n respect of an7
1 . matter to which such declaration applies
is moved, i t cannot become finally law till t h e previous
nor-General is obtained."
,- . . ‘
The Committee u-ill enqjiire into the difficulties arising from or
the defects inherent in tlic working of the Government of
: India Act .and the ru!es thcreundcr and i o regard t o t h e
‘ Ceiitral tinvernnirnt and Goycrnmcnts of Gtivcrnnrs of Pro-
. vinces. (.2) Ixrestirnte thc frnsihility and desirability of
‘ sccuriny remedies for such diScultics or defects consistent
with the structiire, p o h y and puq~oscs of the Act by action
talien under thc’Xct or by such amendments as appear neces-
. sary to rectify any administrative imperfections."
. .
beeemher 1922. the Bilml)ny 1,cgislatiye Council passed the first
)f m d cmimitteil to n Si!lcct Committee the Bombay P o r t Trust
mdment Bill which made provision f o r a n increase of Ihdian
%ti)n on ,the Port Trust h a r d . The Sclect Committee thcn 4 changes in’ tEc .Bill. and whilst’ formally presenting the repnrt
lect Comliiittixt: and rniivinz the w o n d rcnding.of thc Bill at thc
~,:(1923) Session of the Giincil, Sir Chimanlal Sctnl~aH sub-
!r the ccinsidvmtion nnd riilinz of tile President 3 qiiestiiin t h t
:b regard to tl:c N i l . Thc l’ort of B o m h y , hc said, bcing 3
rt, was n ( ‘ e n t r d subjrct. and therefore, under ‘section SO (311,
lation affectin? such Cvntml srihject could be considered o r
r the Council without previous sanction of t.he Goveruor-General.
hay Cowrniiicni h1, tlicrc-ftrrc. Iicforc introducin: the Isill,
‘ t h e previous s;inc!i~;n ant1 whcn thc ScIwt Cnmmittee mndo
:Iterations. in the !;ill tlic :is+nt of tiic C;ii*;wnnr-( ;rn,SniI was
med. Sir Chi::id;il pointed out that notices for further
J had bccn given 11)- certain niexnbcrs, and said " JTy sub-
bat uniicr sirctiaxi SO(.i) ( S ) , these amendments could llot I!e
nnless t h e prcvioiis nsscnt of the Governor-General has becn
.. H e said t h a t if the nirnibers pressed their amen,lments.
; p u l d have to a?lst:iin from moving the second rending ?f
1 to go to thc Gtn-ernor-Ccncral t o obtain his assent to these
(‘bein.. considered LF t h e L’oulicil. " Even if the s c c ~ ~ : d I .
I
4340
Rren prerTouSiy ‘assented to and allowed by the Governor-Genera!. He
-p~iinted orit that the word ‘ ‘ considered " was a .well-known phrase
Yarlinmcntary usage and t h a t i t was used in May’s Parliamentary
&I.C i n its or(lir,rrry arid Inure comprehensive sense. Ue said t h a t the
niesriiriq of the expression * ‘ t o take into consideration " cannot be
restricted and the C u u x i l Cannot be deprived of its ixihcrent right of
debate, effective .Tote and amendment unless the statute -concerned cuts
aomn that rigbt in.klear and unambiguous terms. ‘ flcCtwn~6O doss nothing
of the kind. The’President added ”..If I wcre to accede.to the position
maint+ncd byjfie General Member of Gorernment, namely that this
liouse. h i s nq-ioption but to consider .thb Bill only by way ,either o€
rejecting or accepting it, then I.should be giving a ruling subverting.
the constitution altogether and depriving this Council of its rights and
liberties." l’he President summed up his ruling as follows.:-
” The propcr procedure f o r the Council -is’ this : the amendments
of which,notices have been given can be moved without the
previous consent of the Governor General, provided they are
in accordance with our Rules and Standing .Orders. The
llouse has every right to m-end the Bill or to irccept or reject
i t as amended by the Select Coxnmiktee. That Bill 80 amended
and- assented. to is. now aubmi.tted for the Council’a conel-
deration by -way of second raa@g. If t4e.Couqcil on second
reading umends the Bill, then the ‘prflvioui sanction of the *
-Governor General to the Dill 80 amended ahan. hev’e to be
obtained before. the Bill can b proceeded.,yitk.ttQ ple.€urtll$r
stage of a third reading. .
. .
. . . .
That .is ‘my ruling on the points QE order raiR’e(I. My ruling
preserves t o the House its rights aiid at the s;Uiie time carries’
out the intention of the Act as to the prev.hus sanction of
the Go L ernor-ti encral."
On this ruling being giFen, Sir Chimanlnl appealed to the Honourable
Members that the best course would be to go through the Bill as it stood
and get the new constitution to i o r k with the elected members as
proposed and then for any further proposals for amendments they might
take the necessary steps under the Law. Otherwise the result would be
that the Bill would not come into operation for many months more or
might-not come into operation at dl.
– The rcsnlt of the President’s d i n p and the subsequent appeal of
the Member in charge was that the Bill for which the previous sanction
of. the (Yovernor. Gencrd .was obtained was passed by the’ Legislative
Council without making any alterations.
Let us ‘now examine the -point of Order raised- by Sir Chimanlal
Setalvad. He said " Alp submission is that, under section 80A to.n*hich
the previous assent of the Governor General has been obtained ". But
I have already referred, these amendments could not be considered unless
here Sir Chimanlal was in the wrong, for the proviso quoted above
makes proTision f o r subsequent assent by the Governor-General, i.e., tha
amendments could hare been.moved. but in the event of their being
accepted by the Council, the Council could not tinally adopt any legie.
lation in that direction till the Governer-General had given his aesent
to the’charges adopted by the Council. Sir Cliimanlal was again in the
wrong when he said that if non-official members pressed their amend
mcnts, Government would have to abstain.:from moving tha mecond . _
. …
Gg:<,-,! ‘ * ‘ iTlterfered with the wishes of the Eomhay Legislative Council
BSfiSi&larly. this quest.ion of " prerious sanction of the Gorernor-
when it Ci.-:anssed and passed the Preventinn of Prostitution Bill. Here
the case ;N $mclre striking am both the Bombay Government and non-
oficial lIelniJ’&j agreed.that certain amendments were necessxry in order
evious silnctim of the
that the amendments
JPl
reading of the. Bill aa they wudd have- tn go t o t h e Oo-*ernor-Generd
tc, obtain hi? assent t o these amendments heing considcred by the Council.
k ut he XI< right .when he warned the Council that " the Gorernor-
( enefal may .not give his assent to the furtlicr amendments that have
1 ern proposed ".
Tlie President’s ruljng, however, places restrictions on the pornem
of the Cnuncil, ciz., that havinc made certain alterations .in the
riill’ in the sec-ond reading the Council cannot " proceed with thc
further stage of a third reading ". But if we keep in mind the proviso,
me3 as the section stands a t present, this restriction is not valid, for it
i<:’vev clearly stated that on .Act siihsequently assented to by the
&vernor-Geiernl would mean t h a t . t h e previouh’snnction, as ohtained.
R’neems Sir h’arayan Cliandnrarkar l n s t siKht of the proviso and to that
extent, if I may be permitted t o say so, without mcnning any offence to
t)rt-;memory .of -the able President,. this ruling was defective.
es wholly or in part
punished with impri-
eztend to two years. or u-ith ‘fine which
or with whippiq:, o r
.
for prp-: : .IS
– . ._
living with o r t o ho
ute, or is proved t o
influence over the move-
e r as to show that he is
aiding, abetting o r compellinz her prostitutinn with any other
person o r generally, it shall he presumed. until the contrary
prostitution ". is :.proved, that he is knowingly living on the earnings.of
. …
T!:’. select Committee in their Report say " We cnnsidered at
somr It-:.:-h the question whether in section 5 the wnrd ‘ mtlle ‘ should
bc de!?.;.. ! SO as to give the section a much wider application : but since
t h e (!ha:: L,’ mill- probably invohe a reference to the Government of India
sanction which will delay the $assing of the measure, we
ip!: AP. ". The Report is signed by Sir Jfnurice Hayward (IIome
d!’?l*!-.,? :!.at the change will be better effected hereafter by an amend-
BIerr.! -: Messrs. S. D. Garud, Kanji Dwarkadas, Jehangir B. Petit,
0. I;,.: :.:’ d and S. J. Murphy (Legal Rcinumbranccr).
Ty’.: u t going into the merits of the amendment which it is
-J to do for the purposes of this article, it will be noticed that
lment was a very impcrtant one, and in spite of the fact that
b8:k TI., 1:overnmrnt as represented in the Select Committee by ‘ the
UCSr 1: -:nber and the L e d Remembrancer and the non-officials were in-,fivonr of it, they l a d relnct&tIy t o give it up as I’ the change will
probably .iPvohe. a reference to. the Government of India for previoun
u c t i o n which .will ‘dela?. the -pssing a f . the mehure ".
.I 3
G Qther.&&ee .fl,1also be found not only in the Bombay Legb
&five Comdcil’but’,@l’the ather Provincial Councils, where the Rule ‘regard- iw the previo~ ‘Wction of. the Governor-General has interfered with?
their freedom to legislate in any way they liked on subjects on which
they wer&comgetent . . to legislate.
In ‘view of the ‘difficulties that have arisen in.the past, this point
rhohld be carefully considercd by the Reforms Enquiry Committee
specially because with the gra’nting of full Provincial Autonomy, there
*odd be very great temptation on the part .of Government of India to
esercise to the fulIest possible extent its hold on all legislation. And
ff the section is allowed to remain as it is, it ia bound to interfere with
the full and proper working of Proviucid Autonomy.
31st July 1924. KAXJI D I V A W A S . bctwecn Indian members and the
880
#?&&w– #&ration was closely circumscribed. The rcsnlt was that
The.f&aisters, enjoying the confidencc of a majoiity ir: tlic TJngi4ctive
C@ui&.zrere to be given the fullest opportunity to mnnage the Transferred
LWje&'(ipd the relations af the two parts of Governmen~-Transferred
uri&&wived-were to be harmonious and mutuslly advantageous and- the
-G@hor bas :to. be instructed to foster the habit of free consultation
.to the joint wisdom of Government: Each side’ of
halvea of the Government in all important mattem of commun
i-MBlinister$ ‘.were expected to-. contribute thcir’ knowledge of thr
~*h’8 e e s and ‘Weptibilities and erecutive councillOrs thcir admink-
b*.asrperience
was thns to advise and assist the other but neither was to
b-hth
"@&&t
C ~ $ h ‘ d or impede the other. . . –
.elaimed for this new eoustit!ition, that.it has introduced fund.-
raQical change in the Government of India about 4 years ago.
of that canstitution has, however, dot justified this elaim but w
u s e a ~ & ~ f & – b i l B i a i I I k d t t i ~ ~ k ~ ~ . w p j ~
the provinces to
into, with a view to the exploitation of the present awtitution foc the
discovery of remedies for the defecp c e d difficdties s M in its working.
Thus, we start with b change of the orynid sthd-point deliberately intend-
ed to take Indians on t’o responsi6le Goyernment an-
the goal of proviacid autonomy by a transitional stage in which respan-
aibility was to be learnt and digested. Now, provincial autonomy. if it
metins qnything real, clearly meana that the Provinces must not be de-
pend& an .the, Indian Government €or the means of provincial develop-
ment,, Ordinary growth of ‘expendiere even in the old days mas normally
provided p u t f& any large and costly innovations provincial Govern-
&-&:depended on doles out of surpluses of the .Government of India
Therefore, the ,-Clovevent. of : @dia Act wisely provided for hancial
devolution and complete &paration of Provincial revenues. Divided heads’
were abolished and the Bombay Presidehcy was given all the revenues
from .Excise, Land Revenue, Stamp, Forest, Irrigation and smaller mis-
cellaneous receipts which brought up the anpual income of the. Presidency
to 13 to 14 crores of rupees. The gross provincial revenue of Bombay was
calculated to leave a gross provincial surplus of about one crore-of rupees
on the actual figures of 1917-18 and, before the reforms were introduced
there wa9.a surplm of about 5 crorea of rupees and it Gas piled up by
stringent economy effected at the cost of nation-building departments.
The new reforms at the very commencement struck on the adamantine
rock of finance, 89, in the very fint yenr, they were faced with provincial
insolvency with the result, that the financial stringency ‘became so great,
tha.alI avenues for bnroi.ements in the direction of the spread of mass
education, sanitation, peasip- indebtednew techx$d . education and the
growth of industKkd mre- closed,’ It would be c r i r ‘to any student of
our pruvincial.finance ,that the surplur-of 5 crores’was used very heedferrslfi
nearly half of which was consumed in giving increments to the Services,
%kt to the All-India Services, and thcn, as a result of agitation in the
Legislative Councils, to the subordinate qervices. A regrcttable mistake
in the calculation of the provincial expenditurc of this Presidency on this
head was made and is, therefore, maiiily responsible for the outward defects
of the constitution. It is no wonder then that the proposition that ” if
the provinces are to be really self-goveining, thcy ought to adjust thcir
expenditure including their contribution in common interest d India "
t o materialise.
4. It is also to be noted that the Land Revenue head which was equally
shared between the Bombay Presidency and the Government of India has
not proved a growing source of revenue cnd the loss of a share in the income-
tax received has proved to this Presidency a great handicap, because it
b rkhtly recognised, that income-tas is merely the indiistriel and pro-
fessional complement of the Land Revenue in the case of a large commercial
dnd industrial Presidency W e Bombay. It has proved a gmwing source
of rhvenqe4in this Presidency-inasmuch as the contribution now amounts
8 to$ cro=-a year, which ia an increase of almost cent. per cent. as against
an average of about 8 per cent. in Land Revenue receipts.
5. The working of &e Act so far has not encouraged any belief in thc
power of individual initiative, inasmuch as, it is found that, even ou
vital matters, Indian members have failed to m’alre an impression. There
airs instiqces in ,which, not only the opinion of .Legislative Councils are
@out#, but-wen. the policy of the ministers is hindered and not allowed work. i&eEeral risolutions passed by the Council. were n o t given effect
t@ bJ- t&4hvernmcnt. The c u u l a t k e e l l k t of all this has Lccn to de-
momtr&$htit *. .. -local Couucils arc unable to niake any impression on vital
ptters-,+F?ing ~~~IUUICC or of every dily adriiinistration. 146
fn practice, this has dompletely broken down and .no words are necessarg
for condenining dysichy’ M the d d form 6T aoverpl8ant, for it has. been
condemned on a l l han& and held to be a dismal failure. This is rn-aidy
because the Governor has not mupied the position of a purely constitu-
tional G o v e w bound .to accept the decision of his ministers. It bas
hoped that the ministcis mould gladly avail themselves of the Governor’s
trained edvicc-an administrative questions and he was expected to refuse
assent to the proposal of his ministers only when the .consequences of
acquiescence would be clearly serious. But, in actual practice, it has been
quite m e r e n t in spite of the Instrument of Instm>ions, aa will appear
from the few instances cited in paragraph 8 later on.
7. It has becn alrea&v observed that the scheme of the Act and the
rules made thereunder put the- ministers, in an anomalous position. The
Governor still de fado administcm transfered subjects and the ministem
only advise and thus they are often put in an awkward position in the
.
Legislative Council. It is indeed true that all this is due to official control
from above not being relaxed to the degree which was intended and, as
offioial control from above is incompatible with popular control from
within, the discussions in provincial Councils have naturally produced no
beneficial effects.
8. The language ia the section 46, vk., " in relation to transferred sub-
j&ts by the Governors acting with the m i s t e r s " virtually makes the
mmisters’advisory w i h the result that the advice of the e e r may not
be accepted. But as b is responsible to theConncil, h i s – p d i o n 5s ano-
malous, since he renders himsclf liable to be censuied f o r not carrying
into effect the express desires of the Council. Several instances a n be
quoted of which the following are a few samples :-
1. Minister of Excise and Forests in our Presidency dred up the per-
sonnel of a committee to inquire into forest grievances in con-
sonance with the desire of the Council after a good deal of
deliberation and pcrsonal Visit on the spot. One of these per-
sons was objected to and the Committee was never appointed
and the solemn promise of the minister had to be broken, because
Government took a long time to waive thc objection and then
the gentleman concerned refused to serve on the committee.
~
*’
2. On several occasions the advice of niinisters for filling of post3
in transferred departments was set a t naught even to the extent
of a minor appointment of a lecturer of a law-school.
3. Sometimes the Minister’s advice on questions of policy is h o r n
to have been’accepted only after threats cf Joint resignation.
4. Minister’s advice for’hdknising services more rapidly a t least
in transferred departments seem to have been disregarded as
it has net materidised.’
1. Minister’s advice for the transference of the control and manage-‘
ment of administrative departments to local Boards seems to
be unnecessarily delayed.
The rules and orders made under section 49, clause 2, are not pub-
Med ; and it is not thus possible to state how far in actual practice they
kave violated $he spirit of the Government of India ‘Act in transferring
real responsibility. But, from What has been said above it. is clear that
they have not conduced to the acceleration of the pace of the reforms. The: ,.-"4;iJ
147
,.i&&sh of his province or of a w part thereof " in section 50,
a x ‘ , h o w n to have bccn sometimes narrorrly interpreted, and
be replaced by sope words as would give it defillit.0
‘. 8. -& to the working of thc exccutix machifie .as an u n i t a v .Govern-
pafit wq intended that the cxecutive should cultivate the habit of asso-
Gatiye deliberation so ils to present united front. It ~ i l s – therefore
&+sted that 89 a general rule, i t sliould deliberate as a whole, but in our
&vbm this wm an exception and not the rule. ‘ As a matter of h a t it
empression in this presidency which is strengthened by the uttcr-
&& of at. least one minister that Qc ministers were not as a rule jointly
i?’j&Ulted in the transferred subjects. Moreover, the intention of instilling
inion upon a1.l questions of policy, all ncm scheme of expendirux
limit, and all annual reports on the .working of the depart-
instpce, thci.e was an advisory comrnjttei attached to ‘.flie
f industries, nominated by the minister :in charge, which did
work in’ checkin’g unneccssnry espmditmre. This r e ~ o m –
as not carried into e#cct, and so also. the recommendittiop
$,$e
"_
.htimate relations bctmcen the esecutive and the Legislative bodies. Thc
*&st
a e sense oP responsibility amongst Councillors was to be carried out b y the
ibmtitution of Standing Committees in order to familiarise elccted members,
b&is ministers, with the process of adm’inistration and to give scope for
?+ m u that a Standing Committee was to be attachcd to a department or
ups of departments under the cQntro1 of a ministcr or executive Council-
The Committec mas to be elected by the Legislative Council from
their own members. Their functions were advisory and carried
istrative control of the Department. They only discussed and
Secretary on the model of Parliamentary Secretaries. If me
;:.: !’to this the further fact that in Provincial Swretariat 1ndiani.i;iticin
i- Toing on a t a snail’s pncc, there being only one Indian I. C. S., Dcputy
h. !retam in a cadre of about 14 oficers, it is no wonder that’tlie Indian
c :diations are not satisfied by this reform, as it has not in substance carried
1 . ‘ Indians any further on the road to responsibility. If n-e add to this
: ,further fact that in our Prcsidency even an opportunity of filling up
-, . :ancies of one of the ministers and executive Councillors in ordcr to
– – .in up other Indians mas deliberately not talxn advanta:c of, the icfcr-
2 . fe is clear that the spirit of the Act hae been violated in important
: -ticuhrs. The consequence of this omission to fi!l the vacancy o i ;L
:. lister was that, for about 6 months some of thc impcrta:it tr;iiisferred.
: . ijects were run by the Official Secretaries, ns the Jliuister forlnally
i: l a r g e of them was over-worked. 148
iri .a cdre.bf 14 who is recruited from the Indian Civil Service. .Apparent-
ly, no more Indians are fuuud fit’in that premier service and none from
the l’rovincial services in’ the several branches .of adininistratiop. . hcst
in ordcr come the High Court Judgeships, divisicnil comm%cinerships cnd
headships of several departments. In the recruitment of High Couit
Judgeships it will be admitted that there are now at least 4 Indians. In
the divisional commissionership and amongst the several heads of the
departments, there is not a sing!e Indian and none is likely t o occupf’
that place permanently for a period of a t least 10 years.’ It may, however
bc stated that onc Indian 1. C. S. held the acting appointment of a diw-
sional comrnissioncrship. In the District staff, ,formerly there used t o be
t \ r o Indian Collcctors and’ two or three Indian Distrlct Judges and the
present number is almost the same. In the other branches of the admiuis-
hation excepting the Engineering Department there are very fm- Indian
Ife;lds. . The Ilistorq- of In(1hisation of services is very disappoin~ing
readi’ng. . If me rcmcnibcr that the old statutory service mas mainly intend-
ed for recruiting suitable Indians so as t o bricg up their number to 30 pcir
cent. of.the cadre since about lSkK, that intention has failed to materiahe
even after a lapse of about 40 years. The progress of Irdinnisation is thus
di-sppojntjngly slow and it must be admitted that an important stcp
to..var& realization of rcsponsible Gowrnment has yet to be taken.
11. ‘The Council of our Association will now apply to the Eeform Act
. . another test. The authors.of the NontagulCfi+s&rd Report have n o ; d
rerraih defects in. .the JIorlcy-3Iinto Ceforms and rightly p u t . h v 5 r L in
the forcfronk the,Rcform. of local. self-Government. Lot-* see, if the four
ya:irs period shuws any substantial itdvancg even in’.this di’&ction. As:
far back as 1908 men lilie. thc late Xr., Gokhale anticipated that Thdia’ns
‘sllould s o m be given full control und milnagcmcnt .of local aeairs sp that
it might prove an cYcellcnt training ground for political education. 2-ien
the joint-report lays down the first formula that " there should be as far
11s possible complete popular coctrol in local bodies and the largest pussi.
blc indcpcddence for them of outside control." This espcctation has not
yet gencrally becn fulfii!cd. Emancipatioif of local bodies from officid
control was charxtcrissd as the base of the edifice for. learning rcsponsi-
hility. But, it is t o be regrettcd that the control and managcinent of
local bodies, especial!y of local boards, is still in the hands of oflicials and
1hc.y are still run DS Governmcnt dcpartmenrs. Xest to this conics the
prJblc:n of every clay adininisf ration, Legislation and Finance. 9 s regards
Legislation, in the Xorlcy-Xnto Ccforms non-ofkial majority posscsscd
a roice in the province ; uiidur the nciv Rcform Act with the substantial
iuajority of con-oficinls tlicir voice pas not yet gained any substantid
strength. This rcsult is pnitly due t o the f?ct that ihc Councils art: so
vanstitutcd that cornmural considerations takh precedence in the discussion
of important m a t t m of policy. Then the pfohlems of inass education,
sanitation, peasant indebtedness, technical education are still as far of
f w u any satisfnctorp sett!enmt as in th: days of Jiorley-BIinto Reforms.
Tlic question of liberalisition of provincial finance and its adequacy bas
been already consitlewd and is the main cause of public disappointmmt.
The widespread admission of .,Indians in greater numbers in the pul)lic
Rcmices is still as far off as ever and the recruiting of provincial servircs
is uot pat on satisfactory basis. Racial diEerences. in e v e F day adminis-
tration are still existing. Development of Agriculture and of Provincial
Industries is still as far off as ever m d the whwh of Technical Educ a 1′ i n n
Zre moving Very slnwly. if at all. Thc separ~tion of executive and judicial . .
inces on the road.to responsible
1- and public-spirited. These Conditions werc postulated fm
n 45 which provides for relations o f 10~31 Corernrcent of
to.have been -.vorded in too genera1 terms. IE provinciirl
the goal, tlie wording " of superintendence, diruction -and
r -of the p r s e to local Councils f o r the appropriation
e given. So also tlie provision fnr the introduction of that it may widen the- powers of the 10cd 3~egialatnrea m the iiirections
parted put above. Section 80C s i r t d y leaves the power of initiation of
finahcial-pmpoaala to Oavernment.;zThe~words t’ any rneamm atFecting
the public revenuea or imposing any charge on those revenuea ‘I have
sometimes been 80 strictly constructed as to undo the effect of any resolution
or enactment which the Council may have passed. Under this power,
even a resolution for discussing payment of an adequate grant to secondary
ihools, under the Grant-in-aid Code was +fled. also a provision to
provide two-thid of the recurring expenditure provided for in section 13
of the-Bombay Comp.uLsory Education Act is expected to share the wmo
f a b in practice: Lastly, the appointment of the Public Services Commission
as contemplated under section 9GC is unnece.ssarily delayed with the
result that the pace of Indianisation is retarded and the Provincial senices
are being recruited more from racial and communal consideratiom than
of. merit dong
15. With .reference to rules made under the Act so far as Pro\iiirial
Councils are concerned, thcy are framed under sections 458, 60A,
clause 3, 61A and section 1298 of the Qovernment of India Act. Rilles
under section 45A are those which are known as Devolution Rules
and rules in parts I, 11, I11 and V make necessary provisions for the
local Councils. Examining thesemiles, rule 10 in part I, which regulates
the exercise of minister’s authority over members of all India and Pro-
vincial seryices gives the minister absolutely no power and thus the
ininisten are helpless in escrcising necessary contml o u x the sen-icos.
Under part ?Il sect* 36, clause 2 a salutary provision for the appoint-
ment 6f a joint $inand S9cretnl.y iq not availaof. Sectioq 49, clause 3
which prpvides for thc limitation of contro1 by the ‘Governor GcnerhI mcr
transficrred subjects’ though nominal is honcwr effecttte and irhome
enough when escrcisedsthrongh tgc Provincial Govcrnor. RuIev made
undcr scctions 8o.k and 129-4 and especially section 2, clauses 1 and 2
y p e a r very restrictive in cliaractcr and thus the independence of ministers
in matters rclnting to transferred subjccts cannot be real.
16. The Council of our Association beg to obsen-e that in view of
the criticism offcrcd a h r e and the experience gained in the first Council,
the important qucstion for consideration is whether the changes that
we would desire to br made ia the constitution are possible under tho
mle-mnking powrs of the Government of Indin Act. The criticisiii
proves that the first principle, laid down in the Act, was the progressive
realisation of rcsponsible Go-iernment and the province was chosen as
the unit in which it was to be renlised. Within that unit immediate
and compbete respopsibility, in local affairsl so fa5 as is possible. was
intended to be given but as a matter of f i c t even this modest step is not
attained. 1 Then, respansibility within Provinciaf Governments in trans-
ferred subjects, a t least, was intended to he real but it hss been shows
that’ it is far from being so. IJnder these circumstances, there is OQIY
one irresistible conclusion, and it is this, that the essential condition
which -as postulated for the scheme was a spirit of good-will on the
part of Government, which has failed to materialise and the Council of
our Association are convinced that there is no hope, in view of the past
experience, to expect any favourable amendments by way of rules,
which would be able to surmount the difficulties and really put Indians
on the road to responsible Government.
17. The recent utterances and writhes of British statesmen indicate
a desire on their part to arrest the further constitutionnl progrm, and 151
ma -m effect ti, go back upon the pieage of granting Responsible Qovern-
~ : & , ~ : r & d * . W i n t e r t o n , the f o 5 e r ’ U d d e r -Secretary of. State
f,,r-m,c2&&t1y obseL+ed. t h a t “-He found -himself as f a r off ever
bfi>ma&%g the conditions under which the territory which is known
h;%&i& &&:+Il one day exercise the function of self-Government I
He however, conceded that “ .the small circle *-t&:&e.apire.”c:
mbm&g .the politicians and Administrators among the Indian Races,
a o n t h qnite as high, if not hipher proportion of men of great abimlitg
md social charm, as that of similar circles in other countries. They are
delightful acquaintances -and in conversation their quite-witted intellect
enables, them t o outstrip the more lumbering British minds. This
dmias;ion of Indian ability is, according to him, more than .counter-
m m c e d by insuperable difficulties such as (1) IIindu-JIuslim and other
com&i;anal. feuds, the diffcrence-.in interests within the British provinces
md f i e In&n states a d the position of the depressed classes and other
hhofities. j, general. Earl Winterton concedes that the first two
difficulties are not .quite insurmountable, but hc bdieves the third one
“ . ‘ ~ – p j e supreme bar to further progress.’.’ Our council be!ieves that
if Shtesmanship be fortheornine to act over the first tno difficulties,
which are grossly exaggerated, it cannot be argued that a possible solu-
lion for the third difficulty cannot be found.
18. This short analysis of thc difficulties for and against taking
flirther steps in the direction of responsible Governmmt in thc Provinces
sl~oWs “that power must be entrusted to the peoplc fully mll whole-
heartedly and this can only be done by liberal revision of the Govern-
ment of India Act in the following directions.
;;?, .,A. The central. idea of “ Civil Servants ” beine masters uust, be
modified .arid the, .rnlc mnst be Qbscrsed that ’ in on’ hnitxy form of
Government which is’ recomincnded by our Coi!ucil. a public servant
must not.be held eliziblc for the position of eithc‘r the (iovern’orship.or
a~ Erecytivc Councillorship.
+‘ . 2. -This does not necessarily m a n that public wrviint* in general
should be placed at the mercy of thc Government that ~iioy 111: in power
and therefore suitable nnd ample safeguards for prutee!i?g their
interests should be provided for.
3. Complete responsibility in the Provinces sliould be achicrccl by
the abolition of dynrchy and the v.it;il,Iishmi:nt of an unitary form of
Government consisting of JIinisters owing rcsponsi1,ility to electorates
60 .that the partx-system of Government may be possible iu tLe near
future.
4. The idea of Provincial Councils being rcsponsible t o the British
Parliament through the Government of India and the Secretary of
State for India for purposes, not only of gcneral policy or law and
order but even in matters of every day administration is incompatible
with the theory of Provincial autonomy inasniuch as.. the present pomcr
of gc\-ernnnce is ultimately t o he trnnsferred t o the electorates and it
is- therefore necessary t o give them rcal education so as to fit thcm up
for micliling the responsibility of initiatinz the policy to be carried
t$roupRh their representatives in Council who, in their turn, arc expected
exercise appropriate pressure on the‘ Xinisters that moy be q
Power. 152
. . pubbe O P ~ ~ O R .
5
,Bn-opsrs OF.,P+T.!’-A. "
1. The.MorTey-Mint0 Reforms. proved; within a short time of their
inception, incapable of eatisfying -Inditin aspirations.
. . .2. The object of the present Act was, -not merely t o set up -E dual
form of admiaistrative machinery,. but to train Indians in the whole field
of Government by opportunity to manage .certain departments’ and to
influence the adminetration of the rest, through ministers responsible to
. .
. 3. Control. of finance is the root principle of real prorincial
autonomy. Owing to miscslculation in estimating the needs bf the
Provincc after’ the Reforms, and prodigal increase in the services pay,
the reforms have broken down at the yery commencement owing to the
fact that . no money was available for developing nation-building
services. . 4. The sharing with the Government of India the receipts under
” income tax " in exchanye for t h o x under " h i n d Revenue " hns
severely handicapped this Province.. mhicli is predominantly a commercial
end Industrial province. as !he income tns has proved very much more
2xpensive than the Laxd Revenue.
5. The denial of full play to ministers policies, smallness of the
electorate. introilucticin of the communal principle in election, absenre’
of any literary test for membership, are making the Council meffective
in changing the bureaucratic charncter of Government.
6. Dyarchy has faikil because the Governor has not acted in the
cosstitutiond miinner by sonlining himself in transferred departments
merely to advising, and aroc;iting as a rule ministers proposals.
.7-. Cficial colitrnl has n o t been relaxed t o the extent intepded. =. , – .,
8. Specific-instances of cases in which the ministm’s advice .bas been
disrcardcd.- .
9, The reconiqcnCitions of the Joint ‘Committee to increa3e’populnr
.contact with t!ic admi.nistr:iticui by having joint deliberations of minis-.
ters and executive Coun:!i:lijrs,* attaching standing advisory comrnittecs
of elected members to dcpartm?nts, appointing Councjl Seeretarim from
members, and increasing Indian element in the Secretariat have been
ignored.
10. The progress in Indianisicg the services has been extremely
disappointing.
11. Local bodies hare g o t been freed from official contrnl. in spite
of the very great stress laid on t!le point in the Jiontagu-Chelmsford
Report. Instances of tlic Reformed Councils’ inability to bring about
reform in several very important matters.
#

. .
12. The conditions horcd for, for the smooth and harmonious work-
h g of the transitionel stage, have not been realised.
13. Section 45 of the Government of India Act being. worded in too
general terms, has proved ineffective, in reIaxing’ the Government of
India’s control t o the extent desired.
14. Section 72D and EO of the Act require to be amended in ortlcr
to’incrense the powers of the local legislature in respect of finance and
legislation.
15. The rules made under the Act. relating to Provincial Counci!s
have very larkely restricted the ministcr ‘s contral over transferred
services.
16. Condusinn-that no real advance is possible except by :: liberal
rcvision of the Govcrnnittnt of ILL!^.^ Act. 153
THE aOVXBNMENT OF INDIA.
airs.
– –
.
p~gpJB’*’an;..;:
ith t h e main defects ni the Bombay ProTincial Goy-
il of the Association proceed to examine t h c consti-
with a view to consider what modi-
i n order t o secure harmonious work-
quate fulfilment of the popular aspi-
j4p. personnel and autocratic i n its powcrs. Tlic first attempt to liberal-
ment of India has from its inception been bureaucratic
fke‘piwas made under t h e Minto-Morley Reforms by increasing tho . m&+r elements’ in t h e Imperial Council and introducing a u lndian
QZgplber into the .Esecutire Government. After t h e three years expe-
$qce it was observed that this change did ndt provide an adequate
W e e r y f o r the expressinn and cnforccmcrit of the popular n-iH.
Then the ~fonta~u-Clieln!sford Scl!eme was formulated, it was picsscd
up& i h e attention of thc British l’arliament by-all political parties i n
wia,,tbat without introducing a !nr$c measure of respnasibility in t h c
Government, the Government of Tntlin could not be adequately
eralised and the .harmonious u-nr!<ing betwern tlic. Central and Pro-
Governments. could nnt he other~visc secured. But all eEorts in
failed owinq to thc basic thcory that, esccpt to a small -‘,direction
a n t in the provinces, Parliament could not givc u p its control over
p,erience has proved t h a t this Gorernrncnt of India through
t, aperating 6,000 miles a x i y through thc w t r s of t h e I3riti.h
e, n h d ha1-e neither the uwns nor tlic desire .to exercise suffi-
control ovcr Indiiin airairs, his always .rcsultcd i n . the actual
istrrrtiqn bfing coniiuctod by -a bureaucratic Cent.ra1 Authority. I t
a w e d no responsibility to tlie.pci~plc of India and the Sccrctary of
State in actual practice. and 1i;:rdly ciircd to enforec his policy on tliehi,
+ept in m~ttcrs. s.Iicrc Critisli iritvrests w r c directly involved.
4. The ~ i o n t a , ~ u – C l i c l ~ s f , , i d Schcnie attempted to remedy this siton-
qon%y certain chnngcs, which? tlinugli ill tiierusclvcs, siilficicntly radical,
– ased upon thc theory that !Iic pripiilxr representatives could
. ercise certain amount nf iu;fltlcncc h i t no clfcctir-c cciitrol ovcr tbc
administration. Cn(Iu ’this scheme, the popular c!cmt!nt in t h e
.y was very largely iiicrcnscd a i d rlircc 1ncli;ins were introduced
: Executive Gnwrnnicnt \villi a yicw to i1iflucnr.e tlic decision of
. . .
. .
. . .itral Government both in the Esecutiw and thc Lcgislature.
s influence was circuinscril~i~r! 1 y the fact that. the tlirce Indians
i a minority, could not ;\!ways ncccssarily prevail, and t h e
ty of the assembly mas limitcd by a second chamber and certain
5-‘. -. :ic powers reserved in tlic Viceroy. Bcsidcs, the Secretary of
. .
1 . .
i I – . –
oaintained his powers of superintendence and control, which, on
– . – . crucial occasions, proved wry irksome and irritatin? and nulli-
a. :. atever i d u e n c e might Iia\:e hecn excrciscd b? the Indian element
-. the Executive and t h e Lenislaturc. The position of the Gov-
er, :: t of India mas thus rendered anrimnlous. as it was espected t o
r:-’.s.. – set t o the aspirations of the Iiitiian people and y t , could not
‘ – 7 c . – –
!L.;
I :. –
tI?-
. . . I the dictates of the lndin Offire frnm ahme. It i r n ~ incritaMe
3 Peculiar hituation sl!ould jiistly rvnder tlic Covi:rnnient of India open to the chdrge of being. aur%ent-d the Secfitary of State ** ar
" a subordipate branch
1
of
‘-4
the ",, Xdia .. -.-, 05ce.**
I, ,,,, ,
5.- In the flrst *o yearn of the last Segis1at’ive Assembly, the Govern-
men1 of hdh’appeared to carry o n its .&airs without much difEcdty,
awing toJ;ts5-illifesti+~%~z d6Sii.G tdmet the’wiahes of the pbpular
representatives. I How far this conciliatory attitude was due to -khe
influence-of the Non-co-operation movement or the presence of a liberal
statesman like Mr. Montagu at 3ndia Office, the council of our Association’
are not in a position to ascertain, but, in the third year of the Assembly the
aiwtion: became distinctly adverse and the Assembly was continuously
flouted, as @ the matter ofathe Princes’ Protection Bill and the doubling
ConsequentIy, when the recent eIections were held, a
nepr set of representatives mere sent into the Asaembly with a greater
determination to enforce the popular milL These representatives had
no. other alternative under the anomalous situation created by the
pksent Government of India Act than to resort to constant deadlocke
with a view to render the smooth working of the constitution impas-
Bible. The present Situation therefore demands that a radical change
in’ the strqcture of the Cential Government should be made in order to
ol.&he salt&u;
Bvoid the continual irritation and bitterness engendered by it between
the Government and the people.
6.-In making their proposals with regard to the Centrnl Qovern-
ment, the Council of our Association desire to state generally that ns in
the provinces, the very existence of the system of the dyarchx constitutes
an inherent defect of the ‘constitution; so. ixr the Cgntpl Government,
the absence of a la~e.m’eaiu~e,af_responsibility is in itself such a grave
defect, t h a t any generous attempt ‘nt tinkering with the constitution by
the amendment of the Rules.of the Government of India Act .wiW not
adequately meet the reqiiirrments of the situation. Hence .our Cobcil
is of opinipn that, assuming that a body of laymen is sufficiently 8ompe-
tent to examine the working of the ruEs in actual practice, it would be
a futile and superfluous endeavour, as their proposals, as stated below,
must necessarily lead to a radical amendment of the Act itself.
7. In Rutting forward thcir prophsals about the ‘Central Govern-
ment, our Council proceed on the assumption that, a full mcasure of
autonomy in the provinces is an accnmplished h c t . Tlie question mould
arise, RS to how to modify the machinery of the Central Govcrnment so
as to harmonise with the altered mechanism in the provinces, in order
to five full scope for the exercise of autonomy thercin. without restricting
or hampering it by the Superior autocratic control from above. Espc-
rience of the last 4 years has shown that even in the narrow spllcrc of
partial prorincial-autonomy in the transferrcd subjects, owing to the
control exercised by the Central Government under their mine and
elastic power of " Superintendence, cuidsnce and control ", .the Pro-
rincial Government in the transferred departments must find their
liberty curtailed and their responsibility to the elected members ef the
Legislative Councils materialIy circumscribed.
8. The klations’ of thc Central to the Provincial Governments map
he viewed in respect of the followine matters. (1) Legislative powers.
(2) Administrative control. (3) Financial nutonnmp. (4) Co-ordi-
nating fnnction of a Central Government. (5) General Superintend-
ence. – . . .
45$
heir ‘ liberty. in eeverai -respect+
to reserve certain matters for all-India
: :d by .a*,popular assembly; the measure of autonomy in the pro-
Tin& Ivill become real, and only certain matters of anall-India impor-
tance will be t r d c r r e d from one popular sphere-to another and higher
one. – . . , 10. (2) Similarly ,as things stand a t present, the .Provincial Gov-
ernments haye no rcal control orcr the all-India services, as they are
recruited direct by the Secretary of State and their sala.ries being non-
neither the ministers nor the legislatiire can effectively deal
with them: Our Council 1s of opinion that such effective control.by the
fiopdar ministers is essential in the Provinces. .If, however, it is neces-
snry t o retain the all-India serrices on valid grounds, it follows that
they must be made amenable t o a central authority which is responsible
t o the pcople. Their rccruitment must be talcen out of the hands of the
Secretary of State and any independent tribunal like a public services
ammission,-. set up for tlicir recruitment and othcryise dealing .with
.’them, must be made amenable to a responsible. authority in the Central
Government.
.._. ‘ 11. (3) Under the present Act, the powcm of .ProvincigE Govern-
ment o r c r ‘their finances i r e very pii+ restricted, I€ financia1 +strie:
tions, in respcct of l-ying- certain taxes Xi %sing .Ionns.or undertaking
extraordinary expenditure are rcsenvd in the Government of India;
the grant of fhnncial’?nflinorny in the provinces will be a sham-unless-
-. tlie povxrs .so rcscmcd in tlic central authority.are not also exercised in
a manner responsible to the prnple.
.12. (&) ‘Our Council is of opinion that it would be.necessary to reserve
certain functions in tlic Central Gorernment, so as to bring about co-.’
operation f o r ‘ a common purposc and economy of expenditure, in t h e
adininistration of certain dcpartmcnts in the several provinces. But, this
co-ordinnting functton of the Central Gorernmcnt can be rendered accept-
ahlc to the autonomous prorinccs if it is carried out’by that Government
after it is made responsible to the people.
— 13. The Council will now proceed to show how the defective constitu-
tkon of the Government of India has, in actual practice, reduced their
efulness for the people, and keeps them constantIy o p p d to the
WPular .fiiu and brings them into unnecessary. friction -and ultimately
breeds discontent among the people. Like the system of dyarchy in the ,
Pmvinces, an irfemoveable executive with a largely elected popular
L m b I v has no parallel in the British Empire. A popular chamber must
often tempted to obstruct an executive which it cannot bend to its
or turn out of office. Rcccnt experience in the LcgisIati\le Assembly
Dhows. how the popular representatires ‘were driven to this expedient.
TLh -is inevitable, as constitutional position of the Government of India 4 acqentlg impossible that no special effort is at all needed to expose tion’ W a h ~ -how”.th% ,&&OI
‘3’56
this defect: mir esecutive Government, !$, bokh::ib theory 8×113 practice
suh.+nate’ .to ,the Secretary ;of State who, in
secretary iaf . fitate- ;,h..’ therefore:t& wprii&ce;"an’ &u&&iK %&-&:fie
tuin &US theory,
&@mli;:ta the Bri@h39ir?ifiBtnant.~~~But .it’i~+diizo ape&id i$zmOn@ra-
– . ~ – ~ ~ ~ : e l . l e t o ~ ~ ~ th6
Goverxpent. at D e X XnC Simlii ii ‘eoMtda,tly ~.betwe~Xhe’c’on;
flictink; pr&are of tke SedreearJi .of State’bn’one3kaba"hd .t&e Popular
h m M y on B e other. .It’+ unable to justify’its policy-to’thedA.&mbly
@9h.!&&om:md.:Qi& ;&jijijmbly -always chafe -under the arbitfaiy contrd
irf-the.1
ex%&#&
.of*St.ite.’- Wie " r c d t is’ ‘that the’ CentraI. O a v e , e e n t
is ‘olten ~ower~~-‘t6–sssume-‘E::truly notiha1 outlookxir. act .the true
intereat af the Inaian Nation, "even if they understand them. ‘ They have.
t o face both ‘wayszand find themselves occasionally paralysed. Hence ,the
only way out of this state of permanent deadlock is to transfer the respon-
sibility from the Parliament to the assembly, at least in certain vital
mattels,’-@’ecting the domestic well-being .of the Indian nation r -for it
c m o t remain .entirely irresponsible. If i t . is not subordinate to Parlin-
mat, it-must become responsible to the people, for otherwise it cannot
h o m e responsive .to them. The Council @ of opinion that an irremove-
able esecutiye and a popular Assembly are ‘inherently incompatible and
cannot long remain stationary without advancing to a stage of full
responsibiljw or relapsing into pure -autocracy or a stkte of permanent
paralysis: .’If. the -.Qo.vernment of’ India continue longer in its present
~ o m a l o u s poaition,*:it’ wN bring itself e r e . and more. into popular con-
tenipt owing .to. its helplessness. If it appear constantly .to rpn counter
to .the vote .of the. popular chambTr, .it will become a percnniaf.sou~ee of
breeding. discoqtent . among the *ople,.. If, by its present constitution,
it was intended as a half-way house between autocracy and res’poidJllity,
the erperience of thc last 4 ycars ought to have satisfied them t h t their.
position ie no more tenable without constant wort to their emergency
powers, the eserck of.which in themselves, become a fresh source of
popular discontent.
14. The Council mill now advert to . the defective powers of the
Legislative Assembly,. which render its working ineffective nnd unsatisfac-
iary from the popular swndpoint. ‘While the consent d the Assembly is
required for every mensurc of taxation, its power of controlling the ex-
penditure is so limitcd that it cannot h o m e n willing party to taxing
the people unlesi it can effectively den1 with the proper disbursement of
the revenues. Under the. present Act and the Rules thereunder the
.Assembly is restricted from voting on thc Military budget, the salaries
of the AU-India services and interest-chnqcs on loans which limits its
power of the purse to an appreciable estent. . The Assembly has no, alter-
aatipe but to cripple certriin departments by defeating the budget with;
regard. to its– establishment when it,.cannot touch the salaries. df heads
of those departments. The :military bsdgct &held sacrosanct and chn-
not he touched. The result is that the popular assembly is tcrupterl to
bring prewrc on the executive by throwing out other useful and necessary
items- $f the budget- and even to resort to ohstructire methods in the
€?~ovi@d-Qovernments in order to force the hands of the Government
of India. Similarly, the Legislative. powers of the assembly are not
sufficjeatJy.w-ide. The popular representative ought to’ possess the ‘power
of . bi.inging.-fom.ard social legislatiori even decting religious customs.
TheExecutive mey not attempt it, but. there is no reason why the elected hebbers should not endecl-our to s e c m social. advance by ‘kgklation in
the Qovemment has been so far indiirerent.
of the hysembly, there iY no reason why it
djust its-tariffs So as to secure the 0mmercia.l
of the country without the restriction of the
of opinion that if their proposals for larger
mwem beips vested. in the asscxnbly is accepted, its strength must be
1-t double its prcsent size, so that every revenue dis-
gid of the-]?m&es should be in a position to send a t least one representa-
S-‘=E&her, it is necessary that the franchise for electing members g&:h&y should be midcned swas to make the popular chamber a
‘me =flex of the popular will. Similarly, the franchise for the Council
revised so as to make it more re-
will become a drag and a dead
and the object of a true chamber system
for transferring responsibility
departments now administered
f India is accepted, it will necessarily involve the
of the Secretary of State for India in those Depart-
are thcreforc of opinion that the control of the
over the ~orernmcnt of India should be retained only

the abo~c pr&osals for removing the defccts in the
cccssarily require an amcndment of the Government
he Council of our Association considcr it ncccssary
nature and estcnt of the constitutional adrnnce which
essen;lal in order to give cffcct’to their proposal. Such advance may
(1 – That al! subjects be transferrcd to ministers in thc Provinces.
( 2 Tbat all dcpartmcnts now administend by the Government
to
ch departments as’ arc not transferred to responsible
ia OffiEeYhould be so reduced i’n size and-poVcrs
n b to-this changc. The Sccrctag of State for h d i a will
the aamc position qiid btatus with regard to the transfvxe+ sub
5 haw owupicd by thc Colonial .Secrctpry ih’&latidn t6 the: self-
: stattd as follows :-
of India be. transferrcd to a sufficient number of ministers
with collective responsibility among themselves so far as
these subjects are concerned and the Viceroy should occupy
the position of a constitutional Governor-General with regard
, ta thcm.
( 2 , Thatathe military and defencband political and foreign port-
foho be administered by the Viceroy and the Commaniler-
~
in-Chief as at present for a definite period of twenty years,
during which period, steps be talien to train Indians for dis-
CharKing the duties of those portfolios.
(4) "hat an impartial tribunal be now appointed to estimate the
minimum goma1 expenditure required for the proper
– ‘~8hi.n the power of certifyiq the expenditure upto thia
.dminstration of these portfolios and the Viceroy shoilld. +greed,lpinimnm in Spese.departmcnts in case it is no$ voted
Jby ,the ,&sem$Iy. -;But ,an$ .-exccss %uired ought to be
approved of by the vote of the Assembly only: This minimum
may be- revised periodic-.
(5) That the Secretary of State for India should retain the powers
of control over the Government of India a?l at present only
in respect of the portfolios mentioned above but as regards
rhe departments transferred to ministers, he shodd occupy
the same status and position as is now held by the Colonial
Secretary with regard to the self-government dominiom.
1s.- In conchion, the Council of our Association beg to state that,
m fmhing lhls memorandum in response to the announcement of the
Reforms Inquiry Committee, they have not been unmindful of the nccessity
of examining the defects in the working of the Government of India Act
and rules ttereunder. But they m&ze that such deiects, numemu8
though they may be, are really derived from the more serious defects in
the Act itself and well continue, so long as radical defeats in the Act
remain. The Council is convinced that it would not be possible to avoid
the causes of friction and discontent or even to secure a smooth and
harmonious.worlring of the present constitution, unless the main causes
whihh go to the very root of the constitution and are based upon its
inherent defects are examined and rcmcdied.. The Coup51 has therefore
ventured t o submit bricfly such inherent defects BB if is convinced that a
superficial revision of the working of the Act wJ1. pe-of Jittle a v d .
19. Our council desires to state that thcreais.a:’seetion amongst i$3
members who, in view of the recent resolutim of t4e Legislative Assembly
=&sting the holding of a round tnblc cont’crence, cannot zssist in the
present enquiry. But the council is of opinion that, &, the Inquiry is
going to be held, t h y should avail themselves af the ‘opportunity of placing
their views on the subject-matter of the Inquiry before the Committee. 159
..*.– VMni the Gaeral Secretary, All-India Trade Union
6, Rutmld Street, Fort, Bombay, dated p-,
u.
kc;.;’% I-ahould also like to request the Committee to call Messrs. N. 1. Jahi and
$1 Chaman Lsl for oral evidence before them, ae per remlution Xo. 3. I may
a d that Mr. Joshi will be in Simla from the 24th instant.
*+tion
L .
(2) Resolved that on the present basis the number of seats thus resem-d
for the working classes shall not be lees than 12 for the Legislative Assembly
dietributed either according to provinces or according to industries and 6 each
k.Bornbay and Bengal Legislative Councils, 4 each for United Provinces,
and Oris~a, Punjab, Madras, Burma, Central Provinces and Assam Legis-
4+vB councils.
&solved that the Committee be requested that Me-.
,D. Chban Lal be asked to appear before the Committee for oral e+idence
-,of
N. M. Jodi
&&biy, the 18th hmSt 1994.
eS&* a YTI have”
&&tive
the honour
Committee
send
of
you
the
herewith
All-India
copy
Trade
of
Union
the reeolutions
Congresa,
passed
which
wt in Bombay an Sunday, the 17th August, under the Chairmanship of
&.Dhbodiraj Thengdi. 1 beg to request your Committee to u p p a t h e t i d y
B F d q t h e demanda made in the said resolutions on behalf of and& the
mtereet of lah~nr in India and I hope that your Committee will be plea’eed b
gqorn~end,&ir adoption. I may add that the Executive Commie of the
U-TndiO Trade Union Congress is the only body in the country which can
speak authoritatively in the name of labour and, owing to some -voidable
pmm~~, it cauld not meet before the 17th instant. I, therefore, request your
committee to waive its objection in respect of the delay calised in Bending the
reeolutiona to them and take the same into consideration.
Resolutions.
~)-Reaolvd that the Executive Council of the All-hdia Trade Vnion
do nrge upon the Reforms Enquiryyommittee the necessity of extend-
bturea, 60 m to give adequate rcprcsenta$ib to the working classes in the
of franchise for electing members for Ceptrd hnd ProvinciakIegis-
cduhtry and also urges upon them thc nece$ity of giving adequate special re-
to the organisations of labour in India as long as thc basis of fmn-
c h p ie not sufficiently widened.
the Executive Council of the Trade Union Congress. 160
Wl!ANLttAU. ‘
.
to place himself-in the position .of a .Ministcr difficiilfics are
lesscned. Whcn the Finance Member merely procecds ‘on tha
basis of rupces, annas and pies, the position of a Minister be-
. comes extrerncly difficult. . ‘
(4) The Jiiniecrs, in’actual practice, find it extremely difficult to
enjny that, measure of initiative and freedom in financial mattas
without which succcqful administration becomes well nigh
IKemorandtxm b y l k Prova&heGhunder Mitter, ez-Xk;ster;
1 ‘mi ,definitely of op+on that dyarchy has failed altheugh I &in
that in my provihre I .was one of those who .marked dyarchy as successfully
HS it could be’worlied. I am further of opinion that the difficulties of
running dyarchy will grow more and more in future. If necessary, . I
can give my’detailed ~rensons for coming .to. this conclusion. For the
present I shall content myself by setting out some main hen& of.reasons
for my conclusion about failure of dyarchy. These are :-
(1) Dyarchy -has failed because the conception is an impossible out- . .:-
‘ ,
. .
. one part of the Cabinet being responsible to the elected majority
in the Legislatiye Councii and thc other part to the Secret.ary
.of State. The elected majority, in their tgrn, have to depend
for their election upon the votes of immature and gullible
electorates. ,
(2) The Ministers are held kponsible by the public and- the Lcgis-
. . . Intire Council. eren for mdasurcs which .they might havz on-
tleinnpd -ip. the -Cabinet. In a -really responsible joint CaLiriet
Government this difficulb cannot arise. There the Minister in
charge of the particular .department, in- which the,all$ged. UII-
popular measure is takcn,.nill either take steps to carry public
opinion with him (.and in that,attcmpt his colleagues.ivill’jain j ,
. . or,.if he finds that’.he cannot carry public. with him, he will,
refrain from taking the action complained. of.
(3) F$ance being a reserved subject and as thg Finance Membcr
has not got to go out of office along with"the Ministers the
view-points of the Ninistcrs and the Finance, Blember are oftm
fundamentally antagonistic. Whcn the -Fip&ce BIember tries
impossible.
(5) The finnncinl difficulties in most of the provinces and specially
in ‘Ben’$al killed dparchy. During my ministry the Govern-
ment, of ivhich I wns a member, increased the resources of $he
Government of Bengal by over 24 crores of rapees which meant
over 25 per cent. of its net income and yet me could hardly
x i d e two ends meet. Expansion i s the red sense of the word
was out of the question although there were insistent dernucds
by thc sober section of the public *ith regard to espansion to
which no really effectivc reply could be given by the menilem
of the Government. We increased the resources of the h w r n –
ment of Bengal by passin:: 3 taxation Bills estimated to bring
in 1 crore and 40 lakhs of rupees but which actually brought
in about half of that s u m and by heavy retrenchments. Tasa-
tion and retrenchment must necessarily make a governmeut m
1s as n quid pro quo governmcnt cannot nndcr- & of public utility, the position of the .Gokcin-
extremely difIicult when that Government Lu,
popular ,vote for retaining its majority.
earn or ought to mean, under the constitution, vcnl
Government in the transferred departments. Th::
of the electorate, the tendcqcy of the members .of
i2 fie LegisLative Council to follow communal interests, Lic ir-
mmo\.abdity of the colleagues of tile &histers on the reserwd
e;’& of Government, all militate -against successful v.-orking of
..- ..
( 7 j Dyarchp with a Legislativi?Coudcil elected bn the basis of roci-
mulril rlectoratcs meam a divided Cabinet with no real cohi!si*;c
for_ccto bind thc members together. First therc is the far&-
mental diffcrcncc in view-point between lhc Ccservetl ant1 Trim-
fcrred sides of Gowmmcnt, addcd to it t h e arc the incvitaVc
communal differcnees.
( 3 ) A true party system Government is difilciilt of achieremcnt in
the prcscnt state of Indian politics. So fnr as I can sce this
difficulty will increase more and mtirc. 1Ig rcasons fur this
assertion are :-
T:.. only red party we h n n in the Lcgis1:itim Council is thc Sw1rn.j
Party. I say I-‘ r e d party,” because theirs is the ody party with deEnitc
IT- :,I.
. .
I . ;ah or groups of indivicliials ilrc-not a party in thc rciil wnse of
Some of the IIintliis ;ind 3I;ihorncckrns iiS also the Eiirqwiins,
z::,.mpt to oppose the orgnnizcd Sw:tr:ij Party, I t a x not t r i d t o cmw
.my Common understanding ;LS to their coniniunul qiicstions 2s 111:
Party has done with wqnrtl to thc J1indii:i -and Jlnlioiii~d;i~::; in
-‘ a ’ l i . q p t
..hjists
the
in
electoratcs.
the Legis:ativc
Thc
C‘oiincil
indi~itluals
Iiaw
w!io
110 such
ntlcnipt
orannisation
to npposc
oi1t>i,lc
the
arty. Thc Swi-araj l’iirty has an orgiini.ution in tlic country ant1
pr!i?cirjz and lines of thought to bind tl:ram togixlicr. 1Lowe-:c.r muc!i
I may disagree .+it11 the rnetlloc!s of .work . aid the priiiciplrn of thc
Swaraj Party 1 camiob -igiiorc flic truth tliat tlwirs is a (:oIi~!!i~c party.
That p x t y is oct to obstruct a i d by-obtructioii to dhtrriy the prcsqcit
emi>::::i:,ion. I am sorry tO.rccord the ilnp!c:isiitit truth that tl!cre‘*is 110
:‘,‘y to opposc this pilrty. There may bc a npmltcr of indivitluals or
.if indivit1u;ils ‘with no ccminon di:tini:c priaciplcs to bind t h m
.- to opposc t!ic organiscd &wmj i’iirty as occiwion iiriscs but t!icw
[mi
f such 0rgnnisat;on.
togtiler, but, I a u 162
R P ~ . to sap, I hare not succecded. Personally-I am welcome in the knd-
Iods’ org:;iiisniions as also in the Moderate organisations of the educated
1.viddle cIa&ei b i t ‘I’bavg never kcceeded jn impressing upon, both these
e k e s the importance of joint and concert6d .action. ‘ In my opinion thc
fiiult lies with both these sections-the landlords and tho educated middle
c l ~ w s who profeu to liold moderate views in politics. Then agajn the
moderates belonging to the educated middle classes are often doctrinaires,
eaci are inclined to ignore patent but existing facts. Some of them nrr!
tbo fond of popularity aud are .weal1 -in- thcir principles. ‘The landlords
%!tk rare exceptions 8 6 mnk, indolent and incapable of looking aftrr
thcSr real interests.. The policy of Government with regard to Iondords’
interests haye a tendency to alienate the landlords and the active Svarajists
m e not slow to take advantage of this. .I am sorry to say t h t mauy
laodlords . mcluding some titled gentlemen are contributors to Swaraj
Funds, and supporters of Smaraj. organisation. Some of them say that
fhey have.to do this for self-protection and I can well sympethise with
them for Gorernment is eilherporridess or too weak to help them in thc
Swarajist campaign against the lmd!ords. The net result of all this is
that to-day that there is only one organised party to wreck the Reforms
Lot no organised party to work the Reforms. I do not think, in the
near future, the Liberal Party will be able to organise themselves. This
is largely due to their own fault but themare reasons for this unfortunate
psition in causes and circum’stapces beyond their cgqtrol. and for some o f
‘f h e reasons Ggvemmept arc perhaps. unwittingly responsible. -That bring
the pnsition tittern@ to work dya+hy. n7itkout.a real’ p d y , t d supq? i t
will only lead to very untow3zd results.
,lToldincr the ~ i c m s . that I 30, i t h a l i e s i t rather.diflEc$t €or RR LO.
aihmit helpful snggestions o n the verf livited scope of enquiry set out
in the Resolution of Jhe Government, of h d i a (no. F:-166-11~11?24), &ted.
ttir 20th June 1924.’ I shall, however, t r y to deal with the specific yointg.
set out in the Kesolution so far as i t is possible for mk to do.
Point no. 1 if the en?pinj-Dificulties or defects inherent in the working
of the Cfoveriiwzcnt af India Act and the rules thereunder.
. – I siidl en!imer:te the difEcultics or defects :-
(1) The existence of. a joint pnrsc is a real ilifficulty. I suggest
that the pime of the Reserved anil the Transferred Dcpart-
menfs should hc separated. This I consider very important
and absolutely necessary. The Covcrnmcnt of India origim!l-
supported separate purse. Separation of purse will improro
the relations b’ctn-een the Rcscr:.cii and thc Trilnsfcrred D-part-
ments and mill llso niiniinise much prevcntnble criticism by the
members of the Legislative Councils and ‘the Indian public
ngainst the Reserved Department. Tbe purse should be
firparated on the basis of the sanctioned scale of expenditure
of the respective dcpartments on the 3rd of January 1921.
To that should he RdLkd to the Transferred Departments two-
thirds of additions1 resources of each province due to retrench-
ment or taxation nnd to the Rescrved Department one-third
in the Le;rislati+e Conncil of Cengal. This proportion
was acce3ted by the Gowrnmcnt of Bcngal whe?
taxation mcnsurcs were passed in the Legislative
Cooccil of GengnI. In provinces (and such is the 163
cm..-m–y&t’ provinces hcluding ‘Bengal) wherc the addi-
‘&&rces or a good portion bf it went to make up the
&&it,. .the- net surplus should be allocated to the Transferred
ti&&
Department till the two-thirds,limit is- reached. After the
t,mthir& h i t is reached the one-third due to the Rescri-etl
D&pa&nt should be allowed to it. The only sovereign rcmcdy
for mere destructive. opposition and criticism is to turu the
s t b t i o n of the people to eonstructivc work. This is
impossible without funds and if funds cannot be pro-
vided then I am afraid obstruction and destructwe c r i t i k u
Kill inevitably increase. Without separation of purse it. will
be.dific?llt for the Ministers to take that mtasure of initiative
which is expected from them and without which they cumot
hope to keep a party .behind them.
12) A financial secretary should be appointed to the Transferred
Department who will be independent of financial control by
the Finance Member in charge of. the Resemed Department
and will remain in charge of the separated finance of the
Transferred Departments. One of, the JIinisters should be
the Finance Ninister of the Transferred Departments. If my
siisestions be accepted, rule 36 of the Devolution Rulev will
have to. be changed. In my opinion this is very necessary.
(3) I t is also very necessary to appoint some members of the Legia-
lative Council to assist the members nnd the Ministers in their
.work in connectioq.with the Legislative Council. Their salaries,
however, should not be a rotablc item. .,I Iiqow this is against
doctrjnaire popular demand but in. the present staqe of the.
political condition of the couatry and the rnea’fility-%f, the
members and the expected jealousy of .many of the iuernbers
of the ‘Legislative Council towards those who will be appointed
as council under-secretaries this is wry neeespy. I have
no objection to their salaries being &xed after ‘discussing tho
question in a small committee where all parties may be rcpre-
sented. It is very necessary to have 5 such under-secretaries
in a province like Bengal-two on the Reserved side and three
on the Transferred side. In this country we have not yet
clear-cut politicd parties nor sufficicnt party funds. It is
necessary for the members and the Ministers to haye tllc sssist-
ance Qf whips who have some position in the Government and
in the Legislative Council. The appojntmcnt of thcsc Council
Secretaries will tend towards establisliment of- a more st;iIile
Government .and will improve the position of the Xinisters
. =,. .
. – rters is getting more and more derogatory. If the-pition
and the members. At the present moment the position of
le Ministers bccomes derogatory it tends to nlalie the wko!o
gpment-contemptible. This suggestion will also have. the
:.!Of M g some men in parliamcntary work. These men
:not be wholc-tine’ men. In the major provinces -their
– .
..
‘ –
L. ‘
I
:’.
ies may .be’fked betmcen 6!000 to 6,000 rupces a year
*er provinces it might be less. ‘b1oney expended on this
heau $@ be really helpfuI in establishing Lctter relations with
,the W t i v e Councils but 1 do not ignore the fact that mitng
~9 tnise the cry of useless expenditure. iG4
(4) One nP the grcat dificulties which the
C ~ S had to encountcr W+ the diEcu1t.y of financial stringency.
Thq I appreciate, was h&y &evitable and was to a great
in most pro\*;n.
extent due to world conditions after the ivar. Giving every
nllomiince to these factors I am of opinion that thd kasty and
admittedly inccrrect conclusions arrived a t by the Neston Com-
mittee was largely responsible for the prescni, past and future
diffieglties in working dyarchy. Dyarchy.or no dyarchy unless
the provinces have sufficient fmds allotted to them to.Cairy
on their normal expenditure OII thc dote of the transfer of pro-
Tincid responsibility to them, namely, the 3rd of January 1921,
tlie foroes of destruction will inevitably kcrewe. The r e d
chance of fighting these forces of destruction is, as I have
already observed, to turn thc attention of thc public and tile
rotcrs to ccnstructive ,problems touching their everyday lifc.
Thkcannot be-done without money. Therefore from the point
of view even of law and order, from the point of vicw of pre-
wnting or at any rate minimising political unrcst it mi!l be
sound statesmanship to allot to the provinces enough money to
carry on their responsibilities cn the basis of their sanctioned
scale of expenditure on the 3rd of January 1321. It is no doubt
true that the Qorernment of India iins not available funds to
hand ‘6rer to .the provinces. mlgt in .common fairness and in
justice it should have. h&de’d oi’cr t9′;.the prorinces, namely,
cnough to- carry on tlxir rcsponsibi1itics:on the 3rd of January
1921, . If in justice and faiqnrss Gowrnmcnt of India is bwnd
to hand ov’cr such funds k d l be fob t h e ‘ G w e m e n t of India
t o decide fhcther it will do .yo by ‘rctrcndunent or by other
means. Even if-the Government of India ham to adopt some
means that wilt evckc hostile criticism amongst the politically
mindcd educatdd clixscs, the solid mass of rotcrs will appreciate
inoncp espcnded on their real and everyday needs. 1 mag
nd(1 that the financial policy of the Government of Indin during
the lust 3 years has pleased neither the educated c1asscs nor the
masses though it had to certi€y taxation and yet could make
uo moncy arailnble fcr tlie bcncfit of the m::.sses. It should be
remembqrcd that the mljority af the voters arc to lie found
amongst classes other than. tlic cclucntcd intellipensia and the
m;.s::cs arc nct doctrinaircs. This re-allocation of funds shoulil
be Knderta!:cn by a prcp:.r!y constituted comxittec in which
cloinls of evcry prwincc siioil!tl !)c consitlcrec! but no attempt
should be mrtde. to ralrc provincial jcdcosies nnd the principle
of allocation should be snifcicncy of . fnn:!s -. t o cnrry on -the
r c s p g ~ ~ b i l i t i p ~ of e:!cI1 cf t5.2 pi3j ;i:ic:Ll C: ::*,TF:IFI~!L: i 3i1 the
basis of th-ir sanctimcd sc2ic or’ c3liciiJiture on t!:c 3rd of
January 1931, the datc 0:’ the sepralicn:.oP I’XYX.
( 5 ) Onc of t,& difficu1:it.s in forming T. psrty syztom of Gowm-
i merit at thc present Iriomcnt is the tc4dca:y fcr politic31 group-
ing to folloly ?>> famiiixi. lints of C G m c l l l I l d interests. This
in my-opidon is one of the fulldarncntd diEcultks Which mdies
formation of party Governments extremely dificnlt. It is
necessary to minimise tLis difficulty and a t tEc same time to
lalie i n t o account the pronounced opinion OF a section of the
~I/Ioh;lm~e~1;:1L~ about coiaviinsI rcprcscntation. I snpgrst t h d that my
166
judges’will deal with this matter. r w o d d pi06 this tniiind
powers. toaremove the member if it comes to the concl,&on thnt
he has broken his’ oath. . I would also giye the tribunal’. power t o
&re& that the offending member will be inelligible for membor-
ship of a Legislative Council say for the next three years. The
details may be settled in framing the’rules. I re&
suggestion is not free from di5culty but it is very necessary
gome means to prevent obstruction inside the Legisla-
tive Conncil and this is the best means that suggests itself
.
t o
t o me.
These are some of the difficulties that I desire to point out but 1
a g i n beg to emphasise that any attempt to work dyarchy will only create
further difficulties.
My answers to point 1 .(a) really dispose of point 2 clause ( a ) of the
reference for if my suggestions are accepted it will mcrelp be a question
of draftin:., Mp constructil-e supgcstions really fall under clause ( b ) of
point 2 of the reference. and I shall nest proceed to deal with. the same.
,Claiise ( h ) omtemplates amendment of the Act as appears necessary to
rectify any administrative imperfections. The administrative hperfec-
tions, already ment,ioned. relate to the iinyorlrnble nature of the dgarc!i;c
frtrm of the P r o ~ n c i a l Governments. I, therefore, supgest that dyarcli>*
should he done away with. 1n.order to bring the suggestions within the
terms o f refcrcsce it homes nece&arp, therefore, ‘to examine the policy,
purpm and..the stTctius. of the Government of India Act. They are :-.
( a ) Increasing akociationp of TrnVarkineye~ branch of;Indian .$dmiFstra-
$ion. .( b j gradual developmmt of self-governing institutibns’bPiftr-.a -‘view
to the progrCssive. realkntion of rcsponsible govcfnment in British India
as an intcgral part of t h e Empire. (F) this policy is ta be achieved by
successive stages, and ( d ) it is crpedient to give the provinces. in pro-
vincial mattrs, the largest mcasurc ,bf indcpendcnce of the Government
of India which is compatible with the due discharpe by the latter of its
own respansibilities. Or, in other .words, the policy and the purpose
of thP Act are l o evolve self-governing institutions by successive stages
and to give the provinces such indcpendenee as is compatible with safety.
The sncpektinns I am ming to mnlre are within the .” policy " and
( 1 purpose " hid d a m by thc Art. There remains the point about the .
" strurture " of the Act. The structure of the Act seems to be that
India is to br Eovcrned in the name of IXs Majcsty, or, in.other i v d s ,
a definite poution is givcn tQ the Crown. Ncst to the position of the
Crown is the position of the S e c f e t y of State with regard to whom
the relcrant and important protrisions are contained in sections 198 ant1
33 of the Government of India Act, the former deals with rclasation of
control of t.he Secretary of State and the latter with his control over the
Governor General in Council. Nest to the Secretary of State is the Governor
General in Council, whose powers and duties are prescribed in the. Act,
and next to the Governor General in Council are the local Governments
whose relations. with the Governor General .in Council are referred to in.
section 45 of the Act. I consider.this to be essential features or’ the struc-
ture. I do not considrr sectinn 52 to be an essential feature of the stmc-
tnre. With these preliminary remarks I suggest the. following alternative
suggestions about the provinces :-
A. The nrovineial government should be an unified governmenf 05
5 members; at least onc of whom should be a member of the Indian C i d y
>,Tat remaining members Till be non-oftlcial elected Indian mem-
‘ b e Legislative CounciL I will call all these membeq. including
fie. offieid: mneiubem, Bfinisters. All the BIinisters mill be removable bF
Tote of the Legislative Council. But, in or&r to safeguard
con&rrnt changes in the personnel of the Government by snatch
will provide that the Ministers, officials as well as non-oficials,
be removable by a vote of want of confidence specially moved and
‘passed by 60 per cent. of the membcrs present. The member or memberS
fie C i a service, who will be appointed blinisters, if they are removed
by p adveiw rote mill revcrt to their original appointments or other
suitable appointments. The non-05cial Ministers will have to go
their private life. According to my suggestions, therefore, there will
he no difference hchveen official Ministers and the non-official blhistem.
md both official . and non-official 3linisters mill, therefore, try to
appreciate, understand and influence the viewpoints of the Legislative
Council and of the voters. They will also try to act together. Almost
BS a necessary corollary t o my suggestions I _will provide that the blinisters
of the Goveniiaent, Sccretaries, Divisional Commissioners and the District
Officers will be entitled to take part in politics during the transition stage
at any rate. I will also provide for separation of judicial and executive
functions. That will ensure that no officer discharging judicial duties
wU–take part in politics. I will further provide that permanent ofhers.
other than those mentioned will not be entitled to takepart in politics.
.In. the transition stage .it is, in my opinion, desirable *that higher officers:
.of the- Gorernmcnt, sorne,.of whom haw to f o r k the policy and. political
to .enforce such
pidicy, shouM be. fr,ec to take part .in polittcs. ‘It may..be kid that.ip no.
ather country the pcm’incnt oficcrs are d1oived.b .take part in politics.
This is undoubtegly true, but, in no other country permanent oficials
are allowed to form ‘part of flic’c:ibinct gorixnment. From the point cl.t
view of smooth wor!cing of pxcrnmcnt I consider it very important t$
pro@;rpmme’ of the . g p r e ~ c n t , -.while .ot**&iy..got
safeguard the just rights of Indian (Xvil Service and t D givc them n career.
The Indian Civil &mice famus the recruiting ground of Governors anti
members OC Government. In. the present constitution the Governor anrl
the.memhers of Government hare to carry on the Gorernmcnt with a
majority of lion-ofEcial mcml)ers. Tlicrefore if thc Indian Civil Scrvice
have to occupy thcse posts it is ncccssiry for tlirm to have a better train-
ing in Indian politics a:; a h to allow them to tnkc part in Indjnn politics.
They will then realise the standpoint of 1:itlians better than many of them
do today.
Subject to this I mill giw iull prorincial nutcnomy to the provinces.
In sugsesting. full ptovincial autonomy t o the provinces I nm Iese
apprehensive of obstructionist policy of thc Swnmjists than I am in
dYarChic f 0 5 of government. I will cite the presrnt position in thuc
Calcutta Corporation by way of illustration. That Corpcrstion has, for
all practical purposes, been captured by the Swarajihi. But there they
hare to run the administration and they are to justify their acts before
the pnbfic. A perusal of the Indian edited nexsgapers, English and
yemacular, ~ l l convince anybody that public opinion is veering against
them. With the exception of the " Fornard." -the organ of Swarijists,
She other Indian edited newspapers of importance are attacking the
@n&.8jbt administration of the Corporation and so far as it is possiblu . . .

la8
t? gauge. public opinion, in the next election, non-S\rarajhts wili be
returned in a. majority t o the Coeporstiun.
dtctnative Suggestion.
B. If my wggestion A does not find favour 1 SUggcSt 89 an ahrnative
hrll.provincial autonomy subject to the safeguard of a second Chamber.
‘& $econd Chamber is to act as a brake. 1 .refrained from diSCWSin::
deb% but rnuguy the Second Chamber Kill occupy the same position
.with regard €0 the Legislatiw Councils in the pkovkces B L ~ the council of
State does to the Legisktive Assembly.
But both with regard to Suggestions A & R, I would strongly u q e my
buggestion about retenticjn of rules relating to tlic rrnoval of obstructionist
members. I have no delusions in. the matter. Even if the Swarajists’
demands of today are accepted and further Bcforms are givcn- I am
almost certrrin that some othcr party holding more extreme views than the
present Swarij Party and fed by the lesson of succesful obstruction will.
q a i n try obstmction in the Legislative Councils and the Legislative
lisscmbly. Thcreforc in my opinion i t is of impoiknce to stop obstruc-
ticjri inside the Legislative Councils and the Legislative Assembly.
* ‘ As rcgnrds the porrer of purse I would give the right to tl?e loci1 Gov-
ernment to air! omaticdly rcstore ‘the last year’s budget (following the
Japnnes’r constitiition promulgated in 1889) if the.budgct be :thro%% out !JJ’
the t:ouncii. and take away the present po\rqr of certifhtion. $his :wdi
u.!eq that nrirmd activities of the Governwut can bc ~airicd on in spitc
of irresponsiblc action of tlic Legislative Couniil but it will. not be pF4-
‘IIL~ fur t,he (;owrnnicnt to expand its activitictl tvitliout’ carryi8g tile .
Legis1at.iv.c Council with it. At the present moplent it is possible to certify,
even, for purpeses of exl)ansion. ” That power B will talic away.
Central Government.
As rcgnrds tbr Corcrnment of India, I will retain the prcsrnt poy~eis
nboirt t!ie Army? Navy, foreign relations nntl rclations with thc Indiiln
Statrs ; but I will make only 50 crorey of rupecs for A m y expenditurc’
non-votalilc. Jn prc-war d a y the total army bndgct was 294 crhics o t
rupees. At the prcscnt moment i t is abont 65 crores of rupees. Many uf
India’s polit.:cnl difiicultics miss froin want of money. At the same time
I am one of those who firmly bclicve in the maint.cnancc of law and order.
If in pre-war days lam and order could be maintained by an espenditure
:of 294 -crores I do not see why in spite of increase in espenditure due to
ebnomic causes 50 crorcs will not suffice. Subject to these, reservations
I will have a (.bhinet similar to the Provincial Cabinet that I havc sng-
gested in my suggrstion A. Some of the members of the Cabinet will be
chosen from tnc permanent Services. The majority should be chosen from
non-official Indians. Both the official and non-oacial members of tho
Government of India (I shall call them Ministers) millbe removablc by an
adverse vote of the.House specially moved for the purpose, but I would
kist on a majority of -66 per cent. of the members present. I will take
away the power of oertification from the Governor General in all depart-
ments’exceptixig in the departments of Army, Navy and foreign relations
and relations with Indian S t a k – But as I have already suggested I will non-votable. Anything above
power of certification
the power of restoring
and will allow them to add, say 6 per
should it be ncccssary in the opinion of
fie Qovemment of India to take such an additional allotment for the
essential nee& of India. Within this allotmcnt I will allow the Govern-
‘ment of India to adjust its budget. TO sum up my suggestions really
mean a h a – w a y house better suited to the present condition of India%
political evolutiop. It will give the members of the Legislatire Assembly
something more than influence. It mill giye them some dc!inite power.
It will give II place to the members of the Indian C X I Service in the
Cabinets of the (;overnment of India and the Provincial Governments. My
suggestions therefore come within thc policy and purposes of thc Act.
I maintain that it nko comes within the structure of the Act.
If, however, i t Iie contendcd that the structure of the Act contemplates
transferred,md rcscrved subjects, with which contention I do not agree
then I suggest that in the prnvinces nil sul)jccts excepting Police, Revenue
and Political stmild be handed over to Ninistcrs. In any view of the
matter I would insist on Finance being a trnnsferrcd subject, for with-
out financial contrd cxpcrimcnts in rebpnnsible goyernment is wont and
futile. This surcly can bc donl: by the rule-making po~~-vzrs of the Goyern-
ment of India Act.
P. 6. JIITTER.
30th Jul;~ 1924. 170.
,
Supplmkentary memoraadnm bv S i r Provash Chander
Hitter, ez-Minister,:Bengal.
I desire to d m i t a supplementary memorandum. When I submitted
xy’ first memorandum on’ the 30th of Juiy last I waa under the impreszion
th.rt it waa n e c w y . t o oonfine myself strictly to the terms of reference. I,
t h%efore, attempted to bring my suggestions within the words ” the structure,
policy and purpose of the Act." From the reports published in the news-
papers of the evidence of other witnessesit appears that the committee have
decided to give a wider scope to their investigation or at any rate have allowed
witnesses to travel beyond what I considered to be the scope of the enquiry. I
feel that my suggestions, circumscribed 38 they were by my impression about
the limited scope of the enquiry, did not perhaps correctly represent my views
on the general question of constitutional Reforms. In Part I of this memo-
randum I’desire to indicate what Reforms in my opinion.should be introduced
at an early date. if I am a t liberty to treat the whole question as an open one.
In Part 11, I have discussed certain general questions which have an important
bearing on the future political evolution of India and her Provinces md in
P i ‘111, I have referred tq my experience of the working of reforms’iri my
Province. . There is. another reason why I am&ubmitting’t!iis siipplementary
memorandum. More thsn one witness iatheiievidence Iiav6r~nric stiatkuents
yith regard tq sOme*+of which I think it right lor me to place my erpcrieye
before-the Cdmmittee.’. For example some of the q-Xinisters referred to their
unfortunatr: differences with their Secretaries. I -am ‘hajlpy to state that
I a i d my.1.C.S. Secretaries worked together smoothly and hxmoniouslv. In
the third part, therefore, I propose to place a $lcr account of my espericnce
as a Minider and the working of dyarchy in my province.
PART I,.
CONSTITUTIONAL CHANGES.
PROVINCIAL Gom?i.mms.’ – Subject to the safepiard of a revising chamber of the t o p indicated else-
where in this note, I would give provincial autonomy. to the local government@.
The provincial cabinets in the major provinces should consist of a minimum
of 5 members and if the legislatures agreed to a masimum of 7 members. There
shodd also be dot less than 3 and not more than 5 Council Under-Secretaries.
I r;m in favour of Lying the salaries of the Ministers and of the Council Cnder-
8ecretaries by statutory rules. Their salaries should be fised if not for all tima
at any rate for the first 10 years but it should be provided that the Ministers
and the Council Under-Secretaries will have to resign if a vote of want of con-
fidence be passed against them. In my opinion, it is essential that the Provin-
cial Cabinet should havk joint responsibility. Without joint responsibility it
would be difficult to develop party system Further, joint responsibility
amongst Ninis:ers will Ee very helpful in bringing aboct a better unserstanding €?a
From the administrative pakt of view joint reapmi-
he Cabinet ie also desirable.
-pow–& the Governor should be stric’tly limited to that cf a consti-
Goveinor. The preaent qstem places s Governw in a position of
difscolty. He i a part of the p&y Government and at Lne m e time above
anomalous position should not continue.
i.

cia1 Pwers.-Tf the Ministers cannot pass their budget then p a d –
ation of a fregh Blinist~y end passing d grants by.the new
Governor will have the power of approprimtion on the basis of the
year’s budget but will be bound to call upon some leader of the
& to form a Ministry within a fixed period of time.
I have already indicated there should Es
tw Houses in theprovinces. The number of members and the electoratcs
for the Lower House should be increased and a t the same time the franchise
&odd be widened.’
-: Upper Hovse.-The Upper House should be 3 rerising chamber m the
$& sense of the word. The number of members and the electorates for the
‘Upper House should be less than that of the present provincial councils. The
Panchise also should be on a higher basis. \\’here the electorate covers too
wide an area or where the voters are too large innumber, the system of elm-
k a l colleges should beintroduced for election in the Vpper House. I shall
:L. Provincial L&islatures.-As
snothei place deal with the question of franchise and comppsition of the
kqHouses. .
eial, Le~ish& and oihcr P?uris.–Pubject €;the. li&tations,bid
tLe constitution that may be adoyted, the provuices should have full
legislsbiye and administrative autonomy as also control of Services
in the Provinces including nleiiiLcrs of nll-India Serriccu.
TIE GOVECSMEST OF IXDIA.
I would have partial rcsronsihility in the Government of India and sug-
Out of the nine, three may be ofliciaia. I am suggesting
\-en, partly bccnuse in my opinion the partial rcsponsibility
sted will mean hardcr and more difficult work for the mem-
mies will bc to hdp the members of the Govern-
such as drafting answers to questions preparing
council and acting as whips for the Government
will be relieved to a great extent of
e reduced. Thcse Council VnderSecre-
en. Their salary may be fixed st a figure
750 to 1,CCO per mensem. As I am suggesting some reduction in the strength of the permanent-EikretarieS (whether Secretmks, Depuv
Secretaries or Under-Secretaries) t,he appointment of 5 Council Under-Sec-
retariewd .nat m& imy.tangiile inmetwe in expenditure. I lay great stress
on the appointment ‘of CohciI Under-Secretaries in any Conn’cil where the
majority of the members are elected. The salary of tho members of the
Cabinet of the Government of hdig as also of the Council Under-Secretaries
&odd in the transition period be b e d by a statutory rule. All of them
however ahodd be removable by an adqerse vote of the House specially-moved
for the purpose ; but I wouId insist on a majority of 60 per cent. of the members
present. ‘A- pemnent-official wEO is a member of the cabinet and who
his to resign because of such an adverse vote will be able to receit to some
permanent office ; the non-officid member will of course have to revert to his
private life. The cabinet of the Government of India will deal vdh all central
subjects includini Army, but excluding- Foreign relations, rehtions with the
Indian States and the Navy. These three subjects should be in- the portfolio of
the Governor-General himself and with regard to these subjects the control of
the Secretary of State for India will continue. With regard to all central sub-
jects except these three the control of the Secretary of State for India will be
nominal. Gradually, as India develops into full-fledged dominion status the
position and powers of the Secretary of State for India will become exactly
the samo.e that .of the CoIonjal Secretary with regard to colonies enjoying
.fdi do!hhioxi status: I would,place the arrhy under a citilian ‘member of the
Cabinet. Theexpert head of the army (the Cqmmmder-in-Chief of India or
whatever designat.ion mw be gven ‘to that-had) shoulb’no longer have a.sea8
on the Cabinet of the Governxxicnf dfhdia.. 1,vould makc a definite sum of
.money for ‘army espendit*e non-votable. , I S q p t 5 0 crores of ppecs but
I have no objection to the acti~nI m e b e i q se ed by a.suitable comhiitfce.
If more than 50 crores be required the Governrzent of India pill have to gct
the assent of the Legislativc Asscmbly. Out of the 50 crores’I supfiest that 3
sum of, say, 24 crores be set apart for expansion of the Territorial Force move-
ment and for improving facilities for Indianiving of the oficcn cf the Army.
I set a great value to Indianktion of the officers of thc army ncd to the ~ X ~ I L –
sion of the Terribrial Force movcmmt.
Financial Polcezs of the Gmhment.of India.-I FpouId t.alie away ths
power of certification and will give instead the power t o the Governnicnt of
India of restoring the amount of the previous year’s budget. 1 would also
give the Government of India power of taking nn adrlitioiial allot.ment up to
Ei per cent. of the previous year’s budget for the essential needs of Z d i u . ‘ But
this.additi-1 6 per cent. will ba subject to the control of the Secretary of
State for Indb. This power of taliing an additional 5 per cent. I would abolish
. -after a period of, aay, 10 years.
. – Legislutures of the Central Gmcrnment.-1 would increase the strength
of the Legislative Assembly and wodd put an age-limit of a t least 30 for
membership of the Legislative Assembly. Some of the electorates for returning
members for the Legislative Assembly are too large and are absolutely useless
for the purpose of giving training t,q the voters so necessary for healthy deve-
lopment of democratic institutions. Where the arcas are too large and nn-
‘wieldy I wodd have electoral colleges but I would retain direc’. election as far
as possible. .(‘ .
. .
‘ . The powers of t,he Secretary of State for India should Ec curkilrd and
brought more into.line with the power of the Colonial Secretaries with regard
bo the Self Governing Colonirs. I refrain from discussing dctails, t u t my
point is, as I have already indicated, that the Gorercmcnt of India should
bore or less Le the final aut.hority in Indian affairs. The number of members
the Council of the Srcrctarp of State for India should be rcduccd and that
;wnCcil should p d u d l y bc abolished.
5 .
213
j.fflWe.4 would increase -the numerical st.recgth 6f the Councll~
~ ~ u l d a h slightly increase tha percentage of eleoted members.
age Zimit of 40 for memberslip of the Council of State.
g th &mdary-of ,Stule fdz Indin.-The controi of the Secretary
h d i a should be reduced to a minimum. I refrain’from going
ch-should form the suliject mat.ter of a separate investigation.
8 matter of general principle I would.rather have a partially ‘ irrespnsible ‘
Government of lndia than hare India governed by a Pecrctary of State from
England., I would reduce the control. of the Secretary of State for India
wekuy in the following matters, e.g., Finqpce, Control of Services, Commer-
64 and fiscal matfcrs,-and military administration. In military administn-
fion I would provide for R status to India similar to that of the self-governing
colonies.
SECRETARY OF STATE FOR INDIA.
Hiaii’ CGMII~SI~~NER.
e of the 1Ti~h.Coin~~i~siniirr should be maze rcapmsi1)le to the
ahre. This shoi:lrl be done either by a Parliamvntary rule or by
I also suggcst.that with a change of the cabinet. of the Govern-
ia’therc i h u i d be a change in t!ic Ofice oE the TIigh Comiiiisdoncr.
FRASCIIISE.
bave some suggestions to offer about franchise. In my opnion the
voter at the prrsent momcnt is often gullit.le and irrinicturc in his
a1 opbioL This is due more to his inesperienre th:i-n t o :inything else.
ere k nothing fundnnimtally wrong about his intciligcnce or lnc!i of jpdg-
t. It is the drclarcti policy of the British Cort.ri:ixent to introduce
Domatic institiitions in Idh, and the Jndinns also are only too cnger to have
$ -hstitutions. IIox tlicn arc we to hnGc dcmccratic institutions in Indie
regard to the safe!.?- of t l z tcdy politic 1 Thc ~ n s s c s ? as I have
id, are not yct f t and.thej. camot be fit unlcss tiic:; have an oppor-
exercise tEeir jildglnc:lt,. Eut’if they a1 e nlloaed to exercise thcir
without propcr safcguards they may end Gy doilig’great injury to
olitir, acd on t ? c other Land i i n-ould be rna’ving in a vicims circle.
the muses are rcaliy redy. \\’e maf in this connection
lessons of history. i !; n:ost countries, succcssful democratic
fccded the fitncss .of :he masses to exercise their franchise?. . There the cciiatiy v:as ruled first by a limited oligarchy
a fairly large scction of the middle claFses, ncd only in recent
es have begun to. CGUC to their own. Throughout the history.
btical evolution it JJ-S a case of successful ccmprolllise bctween the hnded arietacracy, the rich capitalists, the cultured and edlicated middk,
clams, the energetic and self-made manufacturer, tradesmen and commercial
men and latterly lobour. Long before labour became any eflective factor in
&e political field of England &e mid-Victorian statesmen and those who
succeeded them made the welfare of the masses an important plank in their
political .platform. This was perhaps one of the reaaons why there is lesa
bitterness between the classes and masses in England than in most continental
comtlia. England did not wait for her democratic institutions till the mawes
Nor should India wait for that consummation. If she did there ia
l + d y b be more danger to her bod politic than advance in democratic institu-
tlom-~thssfe-guards. Althoughge masses are not yet fit, the classes in India
were ready.
are, comparatively speaking, fit to exercise their franchise. The classes in India
—at any rate a large section of them-feel for the masses, and take a genuine in-
terest in them. In view of all these considerations I suggest an Upper Chamber
in provhcee whose electorates will be more or less confined to voters belong-
ing to the claaeea. I have in view not an Upper Chamber of the type of the
English House of Lords nor of I’ elder statesmen " u some people like to call
our Council of State. I would aim a t an Upper Chamber of the type of some of
the smaller democratic European States. The franchise and constitution of the
Upper. Chamber of Agrrcultural Denmark appeals to me most as a auitablc
type for an Upper Chamber for our proeces. Taking this merely as a type
we may modify it according to the varying needs and conditions of our. pro-
,vinces. If we have two Houses ; the Lower House with a widcr el6cctorate and . wia a large number of members, and the Upper House with a smaller elccto-
rate and a smaller number of members, we shall have then in the two chambers
of the Provinces representatives of all classes interested in the welfare of the
Provinces, TheLower Hohc is sure to act as a check if the represenhtivcs
of the classes in the Upper House are inclined to’ act against the interests 01 thu
masses. On the other hand, if the Lower House swayed by enthusiagq-or by
pazaing whims of the moment come to wrong decisions there will be an oppor-
tunity for the Upper House to revise her decision. I would like, however, to
emphasise again that the Upper House too should be a dcmocratic institution,
and should be used as a revising chamber in the true sense of the word and
not as a brake: I would also like to have a second safe-guard-some suitable
provision against obstructive policy inside the Legislative Chanibers. In my
first note of the 30th July last I have indicated an outline. 1 realise the
problem is a difficult one, but it is certainly important to have some safe-guard
of this type.
As regaids election to the Legislative Assembly some f the electorates
are so wide that it is practicnlly impossible for any candihte to really approach
their vote= or to give them any training in the more difficult All-India poli-
tics. For example, in Bengal the FresidencyDivision consisting of 6 districts,
and comprising an area of 17 thousand square miles with a population of
about 10 lakhs ; the Burdwan Division consisting of G dbtricts, population
about 8 lakhs ; the Dacca Division consisting of 4 districts, comprising an area
of the Legislative hernbly. Where areas are 60 big, electoral colleges ma be
of about 15 thousand square miles, population about 12 l&hs are electoral areas
better. In some European countries a group of 100 or 120 votes are called
upon t o elect an Llector without any mandate for electing any particukr 175.
wiS&ih :Theie &&on meet together-and vote for a particular candidate.
@ +e’k&ve. a system such as one indicated it would b? easier for the candidate
addrew his electors and the elector will also be able to understand the politics
bT-fi andidate, and to train himself in the difficult questions appertaining to
tm-India politics. Corrupt practices will be less possible. Intelligent judg-
ment is the very foundation and safety for democratic institutions, and for that
prurpos;! in the All-Indin constituencies I would strongly urge the introduction
of eiectoral colleges specially in rural areas and such of the urban areas where
the number of voters are too large.
SUGGESTIONS.
,
CERTAIN O&R
1. Lije of the Legislative Councils and the Legislatire AssembZy.-
h ’ m y opinion, the life of the Legislative Councils and the Legislative
Assembly should be 5 )-ears. Three years is too short a period. The members
often take more than a year to learn their work and their experience is wasted
by triennial elcctions. Moreover, elections are costly affairs and should not be
Wecessarily repeated. &art from the point of view of the members, it is
more important from the point of view of the Xinisters also that the life of the
House should be 5 yeus instead of 3 years. As regards the Cpper Houses in
the Provinces and the Council of State I suggest a period of 7 to 8 pears but
the election of a portion of the members may synchronise with the life of the
Lower Honse. This system,obtains in some conntiies. It has the advantage
of preserving continuity and a t the same time introduces new blood.
2. Sepralim of Purse.–It is very impoftant to come to a prnper solution
of the separation of the Central and Provincial funds. Had the dyarchic system
,&arted with reasonable allocation of funds to the Provinces, 1 \diere inspitc of
dinherent difficulties i t would have been less iinpopular to-day.. Jt Is unjust to
saddle infant legislatiires with the gsponsibility of tasatian to carry on urrlinanj
administrafion. In Chapter 111 o f tlie Report of Lord Jlcston’s Committee on
Fhancial relations it has been stated that thc Committee felt obliged to’ lenvo’
k c h Province 1rit.h a rensonable workiny srrrplus. T h y prncecd to state further
ii the limit we have imposed on oursclves is that in no rase may a contribution
be such as wou13force the Provincc to emhirrk on ncc. taxation ad hoc which
to our minds would Ire an u d t i t i k d l c SepcI to a pirely nr?twinistrr:tii*e reunange-
t c n l . ” Our experience o f . the last 3 .years shows tliat alnrnst in erery
Province tlJs unthinkable scqucl Eas conic to pass with the result that those
bfant Legislative Councils were compelled to imposc tas2.tion and to enforce
ke~vy retrecchment to carry on the ordinary dutics of administrat icn and not
L
purpose of expansion: Success of democratic institutions will depend
large measure on. the uillimpcss, ability and tapacity,of tire people lo
emsclces and there cannot be any worse hnndicap.than thc Council t u i n g .
of expansion forthe good of the people but juzt for carry-
ministration. This mistake must not be repeated @in. .
ittee shonld be appointed a t an early date to investigate
the terms of reference it should lay down that each Pro-
ave enough to carry on its administrattion on the seal
ure on the 3rd January 1921,-the d a t e of the Fepn-
e provincial and central purse. This Committ.ictce should an
CmmiUee, but hefore it embarks on its duties provincial committees should also be appointed and the reports of. them proviocid committees should
be placed before the All-India Committee. ‘ The M-India Committee when
it hold its sittings should tour in,,the. d$Tqnt provinces and in every province
it should have one.or two members co-opted,’tdrepreiezt the view-points of that’
province. I may mention that this was the system adopted by the Franchise
Committee and the Functions Committee, but. I would .go further than what
these Committees did and suggcst that after the touring in the diffcrent pro-
vinces ie completed the Central All-India Committee should hold its sittings
and.should have some meetings which the co-opted memb.rs from the differ-
ent provinces should attend and will be allowed to take part in the discus-
sions but should have no vote. Two-thirds of the members of the Central
Committee as also of the provincial Committees should be elected, by tho
Legislative Councils.
3. All-India Senrices.-The control of the All-India Ssrrices should be
taken from the Secretary of State for India, and should be vested in the Gov..
ernment of India. The safeguards contemplated in Section 96 B of the
Government of Indim Act are, in my opinion, illusory. No legislative ciiact-
ment can enable the Secretary of State or any other authority to .protlucn
an atmosphere without which a reasonable career cannot be afforded to a
responsible body of public servants like the Indiap Civil Service. We muet
trjr to create that atmosphere, .I am of-opinion that 3 Civil Scrvice with a
British clement i s very desirable from the’hdion nationzrpoink of view, but
anfortunately a 1arge.section of my countrymen do. no&hId.thk. vicw. Hold-..
ing this opinion, I would like to put forward suggestions whidh can sec’ure’to
the Civil Service a suitable career, pay and prospccts. I lay moro importGxo
‘b the existence of 3 suitable career and a proper atmosphere. -If we cannot
secure these then mere increase in salary will not attract suitab!e young men-
from England. The most feasible methods to secye these as also the questjog
of pay and prospects will be by negot.iations with representative Indinns a t the
t h e ahcn the question of constitutional reforms is settled. The settlerner.2
of pay and prospects of the Civil Service should be for the present limitad for
a period of 20 or 25 ycan. The same committee or confcrcncc which will
ultimately den1 with the question of constitutional rcforms should also deal
with the question of the Civil Service and the British element thercof..
4. Pdlic Smice Commission.-Xn my opinion it is very neccssary to
appoint a Public Service Commission which will deal not only with the A l .
India Services, but to whdm a riglit of appeal should be given agtinst dcci..’ =lOIls’
by the Government of India and the local governments. If rcspnsible Gov-
ernment in the provinces and in the Government of India prccedes a pro-
perly constituted Public Scrvice, then I apprehend there will be abuse of power.
unnecessary appointments and perhaps even corruption. In other countries
including England such a state of affairs was not unknown. I am, howevx,
of opinion that Section 96 C of the Government of India Act requires amend-
ment. All the Members of the Public Ssrvice Commission including the chair-
man should be appointed by the Government of India out of D panel elected
bp the Indian legislature. It &odd, however, be provided that no member
of the Indian legislature should bc eliible for election to the-Putlic Serrice -son.
I77
The pay emolumente and allowances, etc., of the Public Service
&odd be k.ed by a statutory rnle end should be non-votable.
constitutional ~prsttinns.-In my opinion it is very nec- ., — ~ 1 6:;7~&+.for
have an independent body of judiciary who Will deal with constitutional
gn&~m. To those who are brought up in the atmosphere of English politics
this may seem to be unnecesary. In England there is no written constitution
88 thew the British Parliament is Supreme. There is no limitation to the
pow-a of the Parliament because it is the’supreme authority there. But in
aaaba where there is a written conhtution which itself again is further
by statute, the legislatures of those countries cannot be styled
88 sovereign bodies like the British Parliament, so there is no real analogy
between OW Indian Legislature and the British Parliament. We are attempt-
ing to develop a federal system. We should, therefore, have not only a written
=o&tution fcr tlic Tndinn Government and its Legislature hut we should have
written constitutions for the dilrerent Local Governments and their le,&-
l a k e . There should be some proper machinery for dealing with constitu-
questions arising bctrreen the Extrutive and Legislative Functions of
a e Government 01 lndia and those of the Provinrial Governments. This
h i h t of interpretation obviously ouqhi to be exercised by a body of indrpendent
jut&*. 1 think the tim- h n s not yet come for the appointment of a Supreme
court in India,to deal with ordinary litigations, but. I am against authorisins
the Judicial Committee of the Privy Council in Englalid to dral with constitu-
tional questions. Apart fzom difficulties of delay and cxp.ense? the impartia-
litpof that tribunal may be challenged with regard to constitutional qufations.
Such a challenge mill pi. rise to racial bitterness which I am always amioua
to adid. I would tliclt*forp sct up a Si!prcme Constitutional Court in hdia
to be elected by all thc High Court Juagcs in India either from Judges in
Oftice or from retired :Judges of thc ITigh Courts, but I mould provide that
h e t h i r d s of the mmiters of this Court should bo Indians. The money re-
quired for ruxining this coutitutional Court should be non-vohhlc and pro-
irided by statute.
.6. Road to settle emnoniir piestinns betzcrcn England and India,-I am
of opinion it is very necessary to have a Board to settle these questions. Sornc
members of this Board should bc nominated by the Board of Trade in Engla~d.
Others should be elected by the Tndian legislature. The Ministrr or Mdernber
b charge of Commerce and his Secretary should be ex-officio Members of this
This Board should be set up as soon possible and should submit
rreport to the British Parliament on or about the time when Ule Royal
ion or Committee appoirt*d to dc,:l with Indian Reforms eubmita
0rt t o the British Parliament. This report should also be placed before
isla+ive Assembly which should be offered an opportunity to discuas
ts views. This Board should purport to deal with economic ques-
re likely t o arise between England and India, say, during the next
s. In the constitution of the new Government of India Act there
e a provision for a Board of Arbitration or a Board of Conciliation to
h m y question relatin5 to conflict of economic interesle hatween
and lndia other than those which have been settled by the Originel
q U d 6 n S arising out of settlement2 drrived at by that Bod. PAIcT 11.
OTFIF&:OBSERVATION,F.
In my opinion peaceful political evolution in India depends on t r o fun-
Z~E&A fxtors ; namely, (a) good ?eldwwpnd proper understanding be-
tween the India7tand the British, and (b) mnimknaiim of pmce in India.
Pritish India ;S to-day-with all her good and bad aspects-is due to these
two fmdamental factors w6ich existed in a large measure in t6e past. Good
relations and prop& understanding is the real bmis of every co-operation.
Fo long as puLIic life in India remained undcvelopeil, co-operation was easily
achieved. With the ‘development of public- life, mutual criticism and the
seeds of misniiderstanding gradually appeared. The n:isiaderstanding, how-
e\-er, was.within some mens~rable limits. It W.S only durillg thc course c,f
lhst 5 years that the mismderstanding incrrnsed in a large measure. This i3
d.ie t o 1-arious cnuses.-the Govermt>nt of India Act being one of tllem md
want of adapta1)ilitv to changed conditions being ailother. It wm only after
the Government of India Act of 1319 was passed that symptoms of want of
policy on the p r t of the Esecutivc Government came to appear. This was
icevitable because both in the Government of India and iu the Provirrcial
Governments the Eseciitive Coveranlent have t o depend on the non-officii.1
‘majority in the I.e$e!ative Couficils. In the Governnicnt of India. tkr Ereoi-
tive.oi whollij iirrniotbblc and inesphsihle and id thd Provincial Oovcrnmesu
$th regard. t o the Nrt important functions of .~vernmeAc,cthe,:E~~uti;-e
occupy a similar positih of krenror-nbility and ii?c.vponsabdity. TIl!s. state c:f
thF means that in innig cascs. the E k u t i v e do not like to nccept the
opi: ;on of the majurity in the Lrgis1ative’C"ouncile 2nd yet cannot induce t:le
LLgidati: t: €oirncils to ncccpt their opinion. On the other hmd. t4!le majority
in the Legislative Councils do not oft,en accept thc opinion of tilt: Eswiltive.
Existence of such a-statc of things within the machinery of the adniinistra-
tion of thc st,ate must lead to a policy of drift. It must mean that, in rr.az.7
cases, the Exwu: ire Goverunient will Ee umble or unwilling to oilend tIie
Legislature. The J+$slnture also in the a1wrnc.e of a respo!tsi!i!,! ;Lnd rmiov-
able Esecutive must become more and niore rcstire. This shoultl not !:c
allon-ed to continue. I see a11 round me s i p of disruption of society and
wqation df prsceful eyclution. I find in most of the Provinces in India 3
Cgvernment divided in rounse1.-a Governmc:lit tliitt hirve almost rewed to
function and a Oovernnient without a policy. All this to iriy mind is the
direct result of the preselit’system, In one Province, I tind that the Govern-
ment is u a b l e or unwilling or apfirehensive, put it how you like, to enforce
the orserers of a British Court of Ju$tice, and to take definite steps to protect
its-own oEcers. The reniedy of this-state of things lics in responsible Gov-
ernmcnt. ‘ – .
With’regrd.to my views on other general questicns. relcmnt in the pre-
sent enquiry I have explained some of my ideas in. the not,e attached which is
annexed herewith and I respectfully ask the Members of the Committee to
per- the .saxhe as a part of my written memorandum.
PART 111.
MY.EXPEBIZKCE OF TEE JToRKING OF DYARCHY IN MY h o v l a c ~
I kould being by s+ng t,hat along with other Indians and Europeans.
I was one of tEe fiigmtories of the Joirrt ..ldtlrcss ‘ prescnted to the Right ‘ e i u n oi rl.. 1 –
379
Stx :e dated the I7.& December .1917. This ‘ Joint
x I11 of Lionel Curtis’s ‘ Letters to the peopk
we, the signatones coxp3isting of In&-
ested a scheme the outcome of which waa the dyiirchic
in the Provinces as embodied in the Government of
therefore, took up dyarchy with all preconceived notions
e a8 >fi&iter 1 certainly thought that
a1 forbearance, and understanding by each
culties of the other half, dyarchp was not
nmcial difficrikies be removed in future
emedicd even then it cannot be successfully wurked
~p.ws a democratic institution.
FINAXCL~L DIFFICULTIES OF BESCAL.
and before I became a Minister, the Na~ional Liberai
ch I was. then a’ Secretary, submitted a representation
pointed out that the deficit. ai the Provincial -Govern
be over two.cnwres of. rupees. Sir Surendra Nath Ban-
nt of the h g u e and I was tlie Secretaiy. We there-
with lid1 knowledge of Ihe $pancia1 clifficulties, but we
e of justice of the Covcrnment of Intlia and truted
fnentary Corninittee had c o ~ ~ ~ ~ r u t l e d the peculiar
ngal to the spcciirl consideration of tlic Government
nt would den1 with Ec:ngal justly and spmpathcti-
say that om f+th was not justifietl by the subsequent
?rment of Indin. Apwt from the inhenmt clifficuities of
f{i>.": ; successfully thc unjust settlement of the JIcston Award
1-32 WRS framcd bcforc k e ncrrptetl office. It
t being ovm two crorc’s of rnpccs. \’;e hndno
t of our short terms of @ice of
deficit b d g e t in thc prep;irstion.i
ous position +th regard ‘to this
e majority in that Council had confi-
hat we would do our utmost not only
of Bengal but that in the followiving
d place a satisfactory budget
e our Government and bo,.h
His Excellency the Earl oE Ronald-
e Financial Justice for Ben331 witli
on was made to the Government of
fippinted by the Bengal Legislative’ Council. lrnited an His PrcelIency the ‘vi.?em? and the Governor-General of India in
Ekptemher 1921. . Tle deputstiotl was headed by the Honlble Mr. J. Kerr
(wf Hie Excellency Sir J o b Ken)- the other Members of ,the deputation
being Sk Surendra NaFh , Bannerjee, myself, Mr. Surendrs Nath Mullick
acd &: Fd-d-Huq. Before we were received in deputation by His Excellency
the Gownior-Generd, we had informal conferences with the tEen Finance
.Member bf the Govbnment of India, the Hon’ble Sir Malcolm HailFy (now
Bis Escellencp Sir Malcolm Hailey) and his Secretary and other Members
Cif the Goveinxnent t6 whom we pointed out our difficulties. I n these informal
cdnferences &th th Finance Department of the Government of India, the
$omtion-was accepted that the deficit of Bengal for carrying on its o r h r y
administration was about 1 crorebnd 30 lakhs, but in spite of our satisfying the
Finance Department of the Government of India the onlyrelief that we gilt
was. the remission of our contribution of fi3 l a k b for a period of 3 years only.
?fy politics and those of my estesxhed colleague Fir Eurendra Nath Bannerjce
being that we should try to work to the best of our ability what we get and
while BO working press for improvements ; me approachd the position created
by the adverse decision of the Government of India with courase acd
tried our utmost to make the best of the situation. I n our effort, I am happy
to state,:ae raceired evcry help frcm oiir then Governor, the Earl of Ronnldsh:!p
ahd OW then Pinome &!ember Sir John Ken. Iyifhin less than a mcnth
@of OG ,return from Pimla, thr Government of Eengal on ‘but-initiativk. I%-
trended the ,Pudpt ‘ slreaily passed, by ‘.the Benpl Legislative . Council
by 834 ~&&+O&QFWS out of whirh 83 lalilis was recnched from the Bc
served D.ep?trnt nt and 6 lalihs only from the Traiderreil’ DepartznenC
It WBB further clrcidcd tha.t the retrenchment from the Tn’nsferred Department
would be automaticallyrestored as r(wn rn finances permitted. This fact \-as
announced by His Excellency Lord Ronn!d4ap in his Speech to the B t q d
h g d a t i v e courcil on h’ovember 2!st 1921 ; but this retrenchment and the
remission of 63 lnkhs was not enough to wipe out the deficit of the Bennnl
Government for ninningd- ordinary nr!mir.i:tr:itiixn. Fn, V;P v x t yrcrr~rd.4
to take s t c p to il!crm?e thc rem::.ty:; 3f i l t i . C h i ~TIIIIWIIL. allti \vt t l t * c . i t l i 4 to
introduce t h e e Taxtion €!ills. I-..q.. to iiicx:iw tltc tasabs on. judicial n m l ncii-
jdicinl 3:arnps by a’croi!t 50 per cent and to impwe a ciw tiis on L:nuse-
ments. These Taxetion Eil!s werc pas:eJ in 3::trch 1332. According to
the cstimates of the Finanrc Dt!pnrtmcnt and aftcr giving an al!o\vancc of
icarly5C iahhs of rupees cjn tile mere percentage of inrrrauc it was cspcctcd
that these new taxations rrould kidd +out 140 h!:lu. SuLwqutnt evcnts
proved that althongh this was I.y+ no mehns an iinduly optimistic estiniate yet
on account of general cccnoniiz depressioll the old revenue i: , also the new
taxes actually broughtinm1:ch less than wha? was expected. I claim it was P
great achievcnxnt for the iniznt denimratic Lezir !nt.ive Council of Ben&
and for us its first ministers to pass three taxation bill.. ,ix-seventlis of the
receipts of which were for meeting the normal expendit.ure of ahe Province.
It would not have been an easy task to FMS three taxation Rills for expansion
for which the, public cldoured, but it was far mcre difiicult t.o pass these.
kationBills for finding the expenditure of the ordinary administration cf the
Pro?. The Cruel injustice of the financial adjustment far Bmgal follow*
by the unforeseen dkappointment in t,he reilkation of old and new revvu2
destroyed all faith oi the yutiio of Bengnl in the successful working of dyarch xj ,181
on a p r o p o d loap
that 50 lakhs would be available for
in a joint meeting decided that two.
4 onethird on the reservcd side. Considering that the first 120 lakhs of the
apart for expansion on the transferred side,
$& mation was zquired for carrying on the normal expenditure of thc pro- $&, fie em-marking of one-third of the estimated additiona! income for
departments proved that the majority in the Legdative cam-
w.0 supported. the Xinistsrg and the Ministers themselves were amioue
justly and generously towards the Reserved Departments.
. I have already cbsemed that the biidget of t,he year 1321-52 was prepared
s-
#&-md
b&re we took chorgc of our d i r e . The biirlget of the 3rd year of our ofice
that of the year 1933-3 h i to be prepared with a strict eye toccouomy pi
*t, was prepared before t?ie tasxiou Bills were passed. In the second y a r
pf g w oflice too no opportunky was tlius afforded to us to bring into operation
of our schemes as wo could not possibly expund without money. We
not, however, idle during ihc Srst 15 month of our oikc. Various
were prepared to Lc broiqlit int,o oparatiou iu soon as tinituces pcr-
In the Depaztment of Educbtion d l i c h was my pqrtfalio I had,
others,;ppl.e*Jchelllsj U l l d e i the hid^ noted Lclow Y .1′ .. .
42) Schtme for expansion of Girls’ Education.
. .
,#) Schemes for Priinnry,.Educntion for every ifiiniCi$dity . in Bt!ngal.’
and for about LOO of the 1,500 Cnin:i Boards in.Beng:rT, and &!I
for expansion of priiiiary educntioa in other areas under the
Pam haye t Pys t mi.
(?I Schemes for provision of L’rovidcnt Ftitids for teac1ic.r:. of non-
. : governnient sccoiidary schools.
f4) Pchemcs for improl-cniuit of salary of tcacllc’rs in non-go:.cmment
.
schools.
(5) Schemcs for manual training in secoiid;rry s~h:)ols.
$) Schemes for improvemcnt of physical health of stutlcnts in secon-
dary schools.
Schemes for improvement of Mahornedan Education.
b) W m e s for scholarship to Uahomedan boys.
for scholarship to boys of the depressed classes;
4or special grant-in-aid for the expansion of education
t boys and girls of the depressed classes.
3~ estaklidumnt of a Brwd for Saondary elixation. (12) &hema forimprovement of Righer education including a scheme
for improvement of nonlgovernment r n u h i l colleges specially
in science tesching.
I Soon after the’taxation B i b and the Bndgetof the 1922-23, I took up some
of these schemes.’ The other Ministers also took up some of the schemes they
had prepared and in July and August 1922 we passed supplementary estimates
pr0vih-g funds for some of these schemes. This was the first opportunity we
had-after being in office for about 18 months (half of the full term) to pla&
before the pnbIic a Iimited few of our schemes RS our capacity for financial
expansion even then was very limited indeed. Cruel disappointment however
-was in store for US’ and for our supporters in the Le,olsl+ve Council. SOUR
after passing these supplementiiry estimates in Septemb6r 1923, the Finance
Department informed us that the figures for the monthly receipts of the new
ta-us and the old revenue fell much shorter than their expectations.
The rcaIisation of taxes fro-? the nl:w sonrce:s a3 also from oId heads of
revenue were eo disappointing that the Finance Department anticipated that
not only wouM there be no money for expansion 6d that there would be a deficit
of a b d .io to 50 lakhs of rup~wes to carry on the mpenses of our hdinury adminis-
t r ~ t i o n men. We had, therefore, no other alternative but to retrench not only
the schemes for e-xpansion already p-ed by the Legislative Council in July
p l August &ions of 1932, but, from the old bud@ as well which dready
unrlerwent a heavy retrenchment. Not content with this,’the Government
of ‘Bengal unanimously decided to appoint a Re~remchmrnt Committee. The
Report of the Retrenchment Committee ww recdv!?rl in oiu. t.ime ; some deci-
sions on the Comn!ittee’s Report were arrived izt in our. tin- but otkers were
left outstanding n-hen%e ceased to be members i)f :.lie ihvernment. Dnring
the last year too of our ofice n e had therefore no opportunitv fo initiuk our
tichpmes. This rhronicle of events will, I hope, give ;!ie Jlernbm of the Com-
mittee a very fiiir idia of the extremely difficult financial position of the Gov-
ernment. of Bengal arid specially the BIinisters.
But thyc mere not all our diffirultica. The 3len:bers of tlie (Tnrnniittee
are aware of the tense political shiation crmted by /hc nfJ:l-~:f~-opr;-ntif~n niocc-
ment and tlie intense agitation that was startrd about the time His. Roy;&..
Ilighnrs’thc Prince of Wales visited India. They are, I ‘Jclicvc, also anare
that the etIucstionnl institutions were a special targct of nttnck by the non-
co-operator. I think, I can claim for the Gol-rrninent of 13eng;d of which
I was a Member that it met the situahn as courn~cousl~/ and succesbfitlly as
any Provincial Government of India. I may alwclaim that in spite of attacks
of non-co-operators and I am sorry to say of co-operators as well, there was
iome improvement and at any rate no set back in-the vital educational ac-
tivities of Bcngal-a Province where educational ‘problcmn have for over 20
years been admitted to be full of dificulties and whose financial neech for the
eolution of these dificult problems have zdmittedly been neglected for over
12 years. I may add scrimonions politics and even revolutionary crimes are
not unknonm-amongst the poiith of Bcngnl. The position, iu short, was, there-
fore, of one of immense dficulty.
Rcldionr vilh ni:y Secsefnries.-I am happy to state t.liat my relations
with my Eecritilrics n’m sntisfirctory. 1 had to deal with i Secretaries-1 However, in q f t e of all these difficulties, I do not ascribe any motive fa
the ‘Finance Department. My $rsonal relations with the Finance’Member
were satisfactory. In my opinion it was due to a want of understanding and
not to any other motive. The Finance Member failed to understand that if
Government had to be carn’ed on with the eupport of the elected majority in
the%egjslative Council their point of view had to be respected Within the limits
permissible by the financial resources of the province.
The Finance Department on more than one occasionTissued-circdars
3irecting all the departments to specific lines of action. In one case, I took up
this matter before the Joint Meeting and the decision was in my favour, but
here sgah the dZicuIty was that when the decision was arrived a t the time for
putting in supplementary &timetes was over. 186
Appendix.
Note regarding Dominion Statw for India and the quesii- of economic df-
interest of England and India.
I’ The increasing association of Indians in eveq- branch of Indian adminis-
tration," ” the gradual development of self-governing institutim " and " t h e
progressive realisation of responsible self-government in British India as an
inteaid pmt, of the Empire " have been promised to India by the British Par-
liament: 8ime this promise was made three successive political parties have
been in Fon’er, and every party has reiterated this pronike. On the Indian
side, self-government as an integral part of the British Empire, or, 39 many
Indians prefer to put it, as part of the British Commonwealth, has been t h e
accepted political goal of India. The difficulties of the realisation of this goal
from the point of view of India and Great Rrit.ain must, therefore, be kept
ih view. It is bootlesa to enquire from the point of view of either country
whether the British Parliament was right in making this promise, and whether
$hissshould be the accepted goal of India’s political eyolution. 1×1 xrip o i k k u
this fGdamenta1 point about India’s polit,icil gcal should elwnys be kept in
.view by all persons, both English and Indian who desire the well-being of
In& a d England alike. If this point be kept in view then oiie will*be less
a p t to overlook the many dangers and pit,falls that we: are stire t.o encounter
in our journey towa& this proniised goal. Froin tht! Eririsli 1:oint of view,
,it is neceasary to remember that the problem of ixicorporatilg a country like
w s 88 an integral part of the Brkish Comnionaenlt,li is a far more difficult
,problem than that of incorporating a country like Australia or Canada or even
South Africa Australia is of the same race as Grcat Britain. The people 06
Canada are partly British and partly Frcnch in their origin, .while in South
Africa thcre are the Boers who are not of the same race :is the Eritisli yet. 311
the races in these countries have the coninion Eirrqmm stcck, ei\-ilira.tion and
outlook on life. The difficulties of Great Britain .in iiicorporctiiig Txxlia with-
.in her empire are far great.cr and thcrrfore wiH r(v1i:irY prt.:rtt-r cfJl1ri~(‘, pruter
I the Ilintliis, tlicir past
espect s materially different
other great couiniunity,-
of Isdia are a proud and
perhaps naturally so, to lay too great stress
ity and overlook their present shortcomings.
, therefore, ignore this. additional difficulty.
eat communities whose outlook and
and human progresa but in spiteof all these . .
&L,
1BG
di5iculties the unifying processesp€,a C-on educat,ion .a coamon govern-
ment and the rising national s$it Live been doing their work silently .but
steadily during the last 160 y w s of British rule in India. Great Britain ~ L S
also .got t o remember that my going back or even any suspicion that she
ht.ends to go back on hcr promise will niean discontent and perhaps disdTectim
amongst thos? who have the oppod&ty, md as their activities of ihe last 4 or
5 years show, also the ability to mould the opinioii ?f a large section of the 213
& o h out of the’Q0 misons which go to niake up the British Elllpiye.
From the Indian poht of ~ e w , we have to realise and renieniber that Iudia is
what sLe is to-day brmuse of the unholien pcacc of the last 150 years.
National life, education, facilities of travel m d coiiimunicdion, comnion
language to express the’views and opinions of the divrrgeiit races i n h b i t i n ~
Jndia, and an ideal’of conimon Mt.ioiialiiy arc t?ie direct o1:tcome of t1.k pence
for wluch every patriotic Indian oiiglit t o be grateful to Great Britain. h x : i
thelndinn point of view we h v e got to rcdise and reineinbcr tlint w can orAv
hope toreach the goal of a selfpverniiig Iiic!ia as :L part of the 13ritish (!ommo:i-
malth, if there be mutual pod-will bctweeii Inflin imd Kn~laiitl. E i F 1 : i r i ~ I i.;
undoubtedly the cent.ri!-picce of t.hat Co~nmonwcnltli. Hicte.mes.r a:i\i 113.1 re-6
towards England must niilitate against the Indi?ii .idc;t! of D st?ii-guvetiiii!.:
India, w i b h e status of 3 British Domini,m. . R&;qg&ts for propcq!:rt,i:lg
bitterness .and hntred. towa’rds BiqIn1id m;ty knit t+e I:t~.!ian~ t&Wh&r :4
10% as ,the common bondnf-hatred Iss€s..biit e . . y ? u p s that I ) o i d C ! l m J ) p : b i %
the whole movement w;ill collnpsc like a pack of c;rrds.. . Piich rnovchynts ~ i d p
or may not lead to n ?elf govrrnnig Tntlio, hilt Ict t h e be no r1thsit.m that, tli.it
self-governing India will not be in111 raipiotl r ;L wlfpwriii:ig Incli:r with the
status of a Critish Doniiuion. On the I!iali:i!t wiole we niust. ilot d m fnrgc1; t.li,it
England and India are not the only two miintries on 1 : o i l ‘ $ earth. As w o i i :;q
the strong liand of Englaiid is rcrnoved fiorn Tn(liz, otlier nations outside 1iicii:b
and also some iwrsterful individiia1s within t?ie lihritv of India will not be sliw
to t : k e full advL?tage of the.sitw,tion. . Thc ;;ift.of self-gbi-crnment in all t h
sdf-gbvrrriing domiiiions of Great Britain 11;~s ernanakrl froiii lts.gi&t.ioii liy
t!ie Brit isli l’arlianieiit. Anv undue bittcrness on either side will rnilitcit e
ag::inst the reirliant.ion of this goal. Difficult as this p r o l h i is we must try
t o overcotlie the initi:rl ol;staclzs. These ohtnc1c.r- wi!I be milch -n>inimis.-d
if tvc ca:i conic to a ~ ~ ~ , i s f a ~ t ~ r ~ . u n ~ e r ! ; t s n ! I i : ~ ~ d J O i l t t;:c rnatt-rial self-interast
of both tiic races in India. There may be n fern tliniiglitfd iiieii 311 eit.hc:r si,!e,
a few men rndowed r;ith a wider vision. and a broadcr st:rtesmirnship who niity
rise superior t o the mnt&d interests of the tnb rncrs. ‘l’he majorit,y of rnm-
kind, however. a x giiiclcil by se!f-interejt. Politics c0ncern.Q tho majority nntl
our tnsk mill be much lightened if n-e can satisfy the majorit!: of I)ot,li t h w x c s
that the goal which Englnnd and India have set bdore them is also compat,il:!e
with their material sr.!f-interest. I propose, thcrefore. t.o exainiiw in this
article the qiiehon of material self-interest af both tho raccs. The niost im-
pqrtant material se!f-interest of the British in India concprns their tk.t!c, coiii-
merce, manufactures in this count.ry as also in finding :L readymarket in India
for the manufactures of their country. The interests of t,he British services in
India from the financial- point of vim as also from the point of view of their
middle class emplovment are not as important as that of their tradin?. com-
mPrrial and rnanrrfactirinn interests. The real importance of the stwicw con-
i : r t r!i,lt :vit’.:.)ut thc Lritish element in the scr\-ices it ii 157
aFprchended that the rested int,crests of &;h!irf in Tnrlia may suffer. From
this pokeof view the British element in the services occupy a position Borne-
what analogous to thab of rnnsds in foreign ‘countries. I shall, therefore,
endeavour t o esamine first the interests of BritiHh trade and commerce which
really mean her ‘vested interests in India.
The problem of the interests oi the British element ir the services in India
wi!l become emier of solution if Inllia and EiiCTand can come to a red under-
standing about their respectire wononiic sell-intcrezt. I believe that it will
be di&cuIt for I n c h t o attain self-govzmnieiit, if we fostx t.oo much the idea
of racial nztionalism. IniliiLinq as we do our political thoughts and aspira-
tions from European countries it is natar:tI for UH to 121- t w niwh stress on
racial natioxplisrii ; but we cannot ignore p:tt,rnt f;wt.s. India is not a conipact
country inhabited by one rate like. say. Priincc, Germany. Switzerland and
Italy or Great Eritain. Tlirrc is no ItOUlJt ;I h i e nnderstanding and siinilnritv
between dl the peo$cs who itiIia1,it. Txitlia hit thcrP esist great’ lines of
clmvage as well. There is Iiowtw*r .% rouri.try in t.!ic! ivnrltl not n Europem
coimtrv where dernnrmt,ir Jc.lf-co\.;.m;iicttit is in R 1;iEhly orcanised stat!:
although the citizens of that country do not. 1w.Inii~ to I)W c.oinmunit>-. race
or even one nationality. I have in mind thc Cnitell Stiitcs of -imc.ric-a. There
the Czech, the Slav, the Russian-Jwy, the 1t:tli:tn. t.he G m m i i . , the Fre!ich,
the I r i s i i n shpri; all white people froin Europe :LS snnn :is.~iwv.:*.y~Kto takt :;p.
the burden of citizenship tb,eJr hecome n unit. of t.lw tl(mw~r:~xic org:inisatii)n
of the United States of America. These rliilercut pev;dt:, mimy of whom do
ndt even speak t-he same laqyiaqr?, with religioiis ;mil so(*ial di{€(wnccq haw
solved the problem of dcmpcratic-self-goymimenbin 5 toiint.rv inliitliitd by ii
variety of races by layingmore stress on idem of citizenship +ntl jitsticu l)etn.cc~~
a citizen and a citizen thah on ideas of racial nationn1isn.L ‘Ciierc i m unctoubtt d-
1)- n: ::,:; its of c1ifferen.e between Tndia end the lJnited Statts of America
If we try to tlrvelop idens of citizen- . ! r – points of similarity as *i:lI.
"r : han that racial nationulisrn in Tnc1i:r. nntl ~ l w if our fiitiire h e 1m
– j ial opportunities to tlic roir.!non ririnsns of tht! iu!rirc frder:rtctI
S~,-.r+< 18: I:, iia then there will he R 1)rrrL-r pos4I)iiity fori;l:it f!~iIr*r.rt+vl Tntliir to
place cer;.:
8ITI~-xrig ,- -, . at n
,’ ‘J,shil!! _~earS-. For
years. In t
n ~ ~ h . i ! . i ~ ~ ~ x ithin her democracy t h o !Ii!1lttt, t h : ZI:il!oni:ncct.i.n. tlia bnrkw:irtl
d.rsa. t h e I-:! itish and the I d i a n . . Tile yriirling priiiciplia rfirist IN justice t.o a11
and eqm? ~~;;portunitj for zll,biit the first strp ton.:irds l.Lyiii: tlown tIi3t ideal
will be to p t , i d of the present Litterness (liic I,irgcI,v tn thc apparent c!:i.diitig
est of both the races. I now procl’ed t.0
Kf
discuss +bIem
the of interests
an aflicIe&
%Ween e *phmphlet,
British
more
but
thoroughly
end
for the
the
preseiit
1uili;in.
than is
I wggcst
I
possitjle
tlesirt on
that
within
:inother
pcrsons
the
occasion
compass
of both
the races m-h&I$ieve in the inculcation of :t better Itnflcrstanl.ling and a bcttcr
feeline beta-&d.lthe’two races should try to have ,a common. meeting pound.
The? h x ‘ : i –to solve the question of econonljc self-interest and th.0
question of &.e mterests of the British anrl the Indian e1c:ncntp of the services
with.3ue rrc
ggestions wkch I hope will prove hdpful in
g between the two races.
figures of !91?!-14,-the last of the pre-an?
have not talien.the figures of the posbwnr
a exnorted to the world at larne flG2 ~ ~ I I J 188
wort& of g d s . out sf thst arest Britain’s sham was ody 238 millions 01 in
other.worda 23 per cent.. .Out of this 438 millions,.f14 d i d = were *repre-
eented by tea and jute ; ~mmoditiea by which India benefited to a great
exUl!nt although not my. If we exclude thetie €14 millions represented-by
tes and jute there would remain 524 millions or 15 per cent. of the total export of
Indian goods to the world. Neither 23 per cent nor 15 per cent amounts to an
unduly large percentage of India’s raw materials, considering the relations
‘which exist between England and India. The export trade of India with
Germany and Jaw in the year 1913-14aepmented 19.8 per cent and in the
pear 1921-22 represented 23.5 p& cent. of her total exports. It cannot, the,e-
fore, be said that England’s sham in the export trade of India is unduly larg .
Politically-minded educated Indians, irrespective of their school of p:lit’cs,
Swarajists, No-changers or Liberals, generally hold the opinion that Bngiand
is exploiting India. The British, on the other hand, hold the oninion that the
export of surplus raw materials of India cannot mean ‘ exploitation.” I have
my own opinion on the subject, and unfortunately, it does not tally with either
of these two opinions whatever my opinion may be as to the mearum of the
word ‘ exploitation’ I maintain that these figures do not jiistify the assertion
of my educated countrymen that England is espbiting India so far at ally rate
8 s the export trade of Indi? is‘concerned. These figvresshom that the bc!k
of India’s raw materials go to countries Qtlrer than the -Udted JGngdom aid
the ‘ exploitation,’ if any, is by such bountxies and ce+iply*not b p t h Ur+M
Kingdom. In my opinion, a true basis qf co-operation with due regard to the
material self-intereat of Great Britain and India is powible in respect of the rad
m-aterials which are exported to countries other than the United Kingdom.
If Great Britain and India by joining tlicir hands can qwnufacture on Indian
soil a good portion of these mbterials then there d be established a true basis ot
co-operation. In order, however, to succeed in that attempt it will be necesPary
t o stand in world ccmpetition and succesa in world competition wiil be eaeit r
to attain if we co-operate. The basis of this co-opcration must be the sclf-
interest of both the countries, but in view of the fact that England for many
years has been making, and will in future continue to make cowiderable
profit out of the imrort trade of India it is only but just that the development
of these new industries should be so adjusted as to secure to India a larpr
share of the profit. If out of f124 millions north of goods which are exporkd
Q countries other than the United Kingdom, we turn raw materials of a value
of even BO to f30 ndliors into manufactured articles of a quality and a price
that would stand in world competition then there would be available to India
perhaps 2 to 3 hundred millions more for distribution amongst h d i w s and the
British in India. It is true that the bulk of this additional money should be
made available to Indians, but not an inconsiderable portion will also be made
available to the British. A position such as that I have mentioned will mean
more money to divide between the Indians and the British, and it will also
mean that instead of quarrelling over the division of the little we haw we shall
produce more and divide the surplus. Take the mast important raw material
that exported, e.g., raw cotton According to the average of lnst 5 years the
export d r a w cotton represented no less than 41 per cent. of the total value of
raw materials exported from India. In the year, 1913-14 Indh exported more
than 2’7 ndlion~ worth of raw cotton and about8 millione of manufactured 189
cotton. The percentages of participation of the various countries in the cotton
export trade oi thab year mere 89 follows : Japan 45.3 ; Germany 15.8 ;
Belgium 10.6 ; Italy 7.9 ; Austria-Hungary 7.03 ; FLance 4-9 ; the United
Kingdom 3.6 ; other COUL ri s about 4 per cent. These figures will show that
Great Britain was 7th in the list with only 3.6 per cent. If we can manufacture
more of our raw cotton into finished commodities it will mean a great economic
gain to India. I may mention that in pre-war days Germany was the second
biggest importer of Indian raw cotton. She was also the second biggest im-
porter. of Bengal Jute. With Indihn raw cotton and Bengal Jute and the
waste product of her woollen mills and cheap coarse wool she successfully manu-
facturrd cheaper woollen articles. Indeed, in cheaper woollen articles she had a
monopoly not only in the Asiatic and African markets but also of a considerable
portion of the European market. Great Britain was nowhere in the supply of
cheaier woollen articles. If for example, we can successfully take UP the nianu-
factme of cheaper woo!len artides with our raw materials, we shall not in this be
competing with Great Britain but with Germany. It will mean more money
to &I ide between Great Britain and India. An examination of export f i p w
of other raw materials discloses a similar state of things. Tnlie rice. The
n took ody 6.7 per cent of India’s export in rice Germany
nt. The non-British countries excluding the British Dominions
Take copra and seeds. In the year 1313-14
o m S17 millions in cop= and seeds and Great Britain’s share
four-fifths went,. to countries other t h n
57-2 per cent.
pth‘.: .,%
!.$!ah hi&&, #&I and leather. In the year 1913-14, Indiq
mimi& iif’a value of more than f10) millions. Out of that,
6 VSted kingdom w s s ody 3 per cent. 35 per cent went to
!r cent. to Kusfxia-€$ungary and the balance to other countries.
-‘p to miiltiply indnces. Shortly the export figures show that
hilia‘s raw materials went to countries other than the United
1 ‘the problem of successful manufacture of a substantial portion
cnt. of 1ndia’s.ram materials there appears no question of coni-
reat Britain. It means on the other hand more money to Great
good deal to Indis-perhaps it will go a long way towards
economic difiiculties.
,rn nest to the import trade of India. In the year 1913-14, the
aihd Kingdom in the import trade of India was 64.1 per cent.
3 t important item was manufactured cotton goods and the share
;insdom in this manufacture was very large indeed. For example,
antity of grey goods imported into Incha, the share of the United
98.8 .per cent. It is in the import trade and specially in the
of manufactured cotton goods, therefore, that the chyge of
rged by the edi:cated Indians is worthy of serious consideration.
ne to a satisfactory solution relating to the cotton trade with
the self-interests of both Great Britain and India we shail go a
H& solving the acute que5tion of the material self-interest of the
suggest a solution on the following Iinea :-
hall a i s e duty on Indian cotton manufactures be abolished
with regard to lower counts, e.g:, s y up to 40 counts ; higher ;
.
.
goah
11) f i e consumers in India, rich and poor, will get their cotton g o d s at
a lower price and therefore the general purchasing power of
190,
(6) that the impcrt diitp-Pf coFon goods from the Uoited Kingdom
shculd he reduccd for ‘the higher counts 9ay from oount 50 and
(c) that t.he excise duty on manufact.ures i k Indian m i l l s be retained
for the higher counts and similarly the h1101-t duty on &Ian-
Chester cotton goods be retained for the loser counts, end
r . .
(d) a duty of my 6 per cent:be. imposed on the esport of Indian r a b
cotton
I will now examine the probable effect of these sugg?stions on the cotton
trade oflndia and other countries in the East. It is well-known that our Indian
mills manufacture thcir goods froin the short staple raw cotton of India. There-
fore, it is convenient for them to manufacture goods’ of lowr counts. Any-
thing above 40 counts goes against the material gain of the Indian cotton
industry. Bfanchestcr, on the other hand, manufactures cotton goods from the
long+taple Egyptian and American cotton. Similarly it goqs against her
material objdt to.manufacture cotton goods of lower counts. Japan has to
depend largely OP short st&ple*Indian cotton. Although, Japan is dakixig
great efforts to’extend her of cotton cultivation within the country and
it
largely cotton in
is
Kcirea
also,
and
true
is
t,het
also
her
impoh
demw 7 h n e r i c v
for lndian c0ttdn.k
more
not likely to
and
cstgnd
although
yet
I think it i,q permissibla to ass& that for someiyears to come Japan win hivtvl:
t o depe$ largely on Indian raw cotton and though short staph cotton ,is
not a 1 monopoly of India pet for a11 practicaJ piir )oscs Japtn
cannot but come fo India for her srirply of short staph. raw cottori
till at any rate she changes her cotton mills which are suitable for the manu-
facture of short staple cotton or can grow much larger quantities of short
BhpIe cotton in her own country or in, Korea. I n the meantinie, one n:ay
rwsondbly espect that if w e proceed on the lines.sug,ocetcd, Indian miinufac-
.tures in cotto? goods as also in tht? cheapr woollen goods containing a
perckntage of cottin -will considerably increase and as the purchase of raw
cotton by Japan and Fmhaps by !he new nlills of China will decrease and PO
the consumption of short staple cotton.hy thc Indian niills will increase. -This
will hot be dctrimcutal to Inthn intcwsts. A small esport duty of sny .5
per cent. will tllerefore mean nn advantage for the Indian mills in the Indinu-
Chinese, Straits and ofher Asintic mnr!;cts when! India competes with
Japan alone. It w-ill also nittan an advantage to Mauchester in these Eastern
ma&& agimt Japan, as Japan and Indi? arc the two main competit.on of
hianChester in cotton trade in thcse places.. The world’s nianufactures of
cotton goo& for the eastern markets mainly come from Manchester, United
states; Germany, Japan and India and the purchasing countries in these
China, India, Straits Persb, Arabia, South -&ca and Turkey.
me arrangement that 1 have suggested will also lead to the following rt,sults :-
India will ixrease with the lessening in cost in a.nereasary article ‘ ‘
1 91
cottnn goods ; the iiicreaaed piirdiwing powr will iniprore,
lnllian bide’and coiniTwrcc. ‘l’liis will 1o.d also towards easing
a lit& tiic uh~inphymcnt prcb!cm. I t will nlso r n w i some in-
c r e w in income t a s rcxipts which will to aoiiic estciit compen-
sate thft,loss of revenue that mq- rcsult from niy suggestions;
(2) If the price of yarn both of higher and l o ~ e r coiinis be reduced,
w-eaving as a cottane industry in Inc!ia is lilielv to iniprove.’
Under the present circumstances s p i u i i q as a cotrage indmtry
has very little chance of SUCCCSS, but waving as a ccrttzqe in-
.&shy specially with regard to certain tyIws-of ;:riods where
,

..-..r 1.
goods ; and
, … .. ,
9
competition with niills is cot wry ntxte is certsiiily a practical
propition. The. iniportance of dcveloI,ing a cott.,ge industry
like weaving ii an iigriodtiiral colintiy like India wht:ri?
7’2.5 per cent. of tlie populatim are zgrirdt&its is by no mw!s
to be despised It is perfectly ;vell-l;noiia that the agricultiiri::t.3
have spare time a t ccrtain smsoiis nnt1 a cottage indubtry, if
properly oi.gaiiised :rnd p i t l r d will go ;L long rrny towarclj soiv-
in: ninny economic p J l J l w i ~ of t!ie I I I ; L ~ S ~ ~ ard the pOO:’-T pcc-
tion of the educated classes.
(3) It. will.give both Ilancheskr and India a bettcr position.in the
m rket of the eastern countrits for the sale of t:.cir manufactured
$&Jt d , t e n d to diminish the acute political tension which has gather-
.. ed round the problem of Xanchester cotton trade in In&;&.
tx will still retair an
n understanding with
cs. The bcnrfit to
Ler aitcr-war ‘NO-
nmcnt witl:in the
– _
lie tliis frc ni :I tle-
hose of their countrymen v;ho live ‘n India
ndians also often turn to British statesi,!en
ancement. The British Pnrlianient and 1:tr .
hw for India but it is the British and the Indicns
e changing rqciremerts
There i: nrrfortumtely 192
other problems of material self-interest can be solved and consequently diflicul-
ties will be minimised. I have not d i h s s e d in these lines the ways and
means for carrying out my suggestions. If I can get the assurance even of a
limited few of earneat and patriotic men of the two races who would try to
promote the good will that I desire so much between them I shall place before
the British and the Indian public definite and concrete suggestions to carry
intoefleet the undexlying ideas of this paper. 193
19%.
I have the honour to .acknowledge the receipt of your letter no. F.-166-
11-1-24,.$ated the 30th June 1922, and to observe as follows c
I *’it that the Committee desire me to subm’it a record of my perso’d
experience as Minister under the Government of Beqal and such criticism
as jhy howledge of the practical working of the Oovcrnment of India Act
of 1919.and the Rules therelinder may suggest, together with my -view
on the’,Central Gorenunent as constituted under the aforesaid Act.
zy@k controversy really centres’ round the question of dyarchy, and
if;E;evoked -a’measure .of heat and passion which may prove highly
pwjudic$l, if -,not altogether fatal to the dispassienate consideration of the ;&ues raised. There are the Swarajists who are out to wreck tho
Memorandum by Sir Surendra Nath Banerjea, ex-Mixii6tdc
Bengal.
LETT= Fz&m
m E a a S ENQUIRY COXIMITTEE, DATED BARRACKPORE, THE 8TH OCTOBEB,
SKJR~L~RA NATE B~ERJIU, ET., ‘.TO THE SECRETAd,
. In the Central
exministers have
Their testimony thb wmnhhh of t k ~ ybarly..tribiite’ of: 63.lakhs .of rum payable to the
Central Government. In .Bengal, $.would have been diillcnlt to raise the.
cry that dyarchy had failed if wehad more money and could liberally
cllstiibute .it among the nation-building cleparrmentq such as Sanitat~on,
Education ‘and the Industries. I know as a matter of fact that some
seliemea of water-supply for the riparian municipalities were ready but
co,uld not be started, because there was no money. Owing to the same
cause, schemes for nird wateriupply and rural d i s p e d e s were mutilated
or abandoned. Could we even partially give effect to them, the Reforms
WORM h e been.blessed. .If we could not, was it the fault of the .dyarchy
or due to the impecuniousuess of the Government t The responsibility
of. tha failure must be shouldered by the Meston Committee and the
Finance Department. The nation-building departments neirer got more
than 35 per cent. out of the total revenues of the Province, tha balance
going to the reserved side. The Departments that needed the utmost
financial help were’the Departments that were most starved. I recognize
the difIiciiltiri of the situation. Under a purely bureaucratic form of
Government, the Departments dealing with law and order received the
hugest measure of attention ; for the inaintenance of the public tranqnillity
mast constitute the basic foundation of all stable progresa But to
sacriftce the superstructure,.or to make it inadequate for its purposes,
for the sake of an unnecessarily m$ly foundation, must be regarded as a
gerions a.dministr&ve blunder and. perversion of the t x q admhktrativo
krqective. ; Tlje ayerage man d e i h g with. hi8 own &airs would not be
guilty of such a mistolie; Fa? less is tbe justificatitn for 4 Goveinment
administering the.at€airs of a great community. Possibly tbere were heavy
committals on the resem side ; which had to be made good, But tlie
fact remains that the -Transferred Departments were started with in-
adequate financial pravdion, and it is this fact, coupled w%h the interven-
tion of the Finance Department, that really crippled the work of our
Departments.
In this connection there occur some points which deserve considera-
tion. Should there be a separate purse for the Transferred Departments,
or ehould the present system of a joist p u v for.both the Departments
be continued T At the final stage of the discussion, the Government of
India hcommended the creation of a separate purse for the T r a n s f e d
Departments ; and Lord Meston urged this view in his evidence before
the.’Joint Committee. We were all opposed to it, and mainly on the
ground that a. separatc.purse woald intcrfere with and probably delay
tho fusion of the two wings of the Goyernment. Reserved and T r a n s f e d ,
which is the ultirnalc aim of the Reforms to secure. There is however il
growing feeling in favour of a separate purse, which it isbelieved would
do more justice to the claims of the Transferred. Departments ; and B
rcsolution to-this effect was to have been moved in the &-islative Council.
I am inclined to revise my former opinion in tho light of more recent
experience. Oca thing is certain that a separate purse for each Depart-
ment, Transferred and Reserved will have to be voted by the Legislative
Council, and we know on which side the sympathies of the Legislative
Council would be. A machinery will thus have been provided for the
lrteedy and automatic expansion of the revenues apprupriatcd for erpenb-
turn on the. Transferred side. In my opinion the creation of a separate
purse will strengthen the financial resources of the Transferred Depart-
ments. I dhnot profess to he cnnversant with the technical difficulties
that may stand in the may, but it is to be noted that the Government of. The 0-
195
India recommended a separate purse, and that Lord lieston, on behalf
of the Government, put it fonrard before the Joint Committee for its
adnption.
Then there is the question of the appointment of a Joint Secretary
for the Transferred Departmcnts. This is provided for undcr the Rules.
We discussed this matter with Lord Roddshay and Lord Lytton. Both
were in favour of such an a p l w i n t ~ ~ n t . IIere agein therc was the finan-
cial consideration, and the lurl<ing unwillingncs; of members to vote for
appointment which none felt sure would go to him. The last is a
responsibility.
which, personal feeling,
The adequacy
I am
of
sum;’
ou J \ ill
fundq
disappear
IS the
with
true
the
solvent
growth
of the
of
situation.
Lastly the Finance Department is on the Riserved side, and the Head
of the’Department is more or less identified with the work of the Reserved
Departments. Consciously c r unconsciously, perhaps more often the
latter, his sympathies would be with the Reserved side. I recommend the
hgnsier of the Finance Department to the Transferred side which more
th.n the Reserved subjects needs financial help and sympathetic guidance.
objection that I can thlnli of is that the Jlinistcr is not likely
b be an expert in Finance. But thc Chuncellor of the Eschequer who
fr f popular Minister is not usually a finnncial expert. The tecbpical part
‘of– work is done’by the permanent’ officials ivfio deal with the details ;
nor ia the Civilian Member in charge of the Finance Department always
so far dealt with financial considerations relating to dyarchy.
odd get on without money, I was not hampered by a dyarchical
. . 3 have ventured to urge. Let me, as regards one of them, g h e the fact*,
from the Official Statement c
" Item 45, Part 11, Schedule I, of the’ Devolution Rules published
by Notification of 16th December 1920, states that the regula-
tion of medical and other professional qualifications and
@andards subject to legislation by the Indian legislature
remains a provincial reserved subject. The Medical Act
in England is administered by the Priv Council and
pmsnmably %he above exception was made by the Functions
Committee to guard against the lowering of western medical
standards in India, *&ether through a desire to encourage
the indigenous systems or to secure cheaper medicd
attendance.
2. The Government of Ben@ on 11th May 1922, reported to thc
Government of India that there had been no indicntior?
cP the d3ngers which the Functions Connitlee ‘wishd to
guard against and that if nine-tenths of the administration
of the Medical Department could be safely transferred, it xas
illogical to reserve the administration of the Medical As.
It was stated tkt there were dmmbacks in placing a Mernbcr
of Council in charge. of this small portion of the m e d i d
qdministration, mhiie he was entirely dinrced frlim
kn6fkkdge.6f tk remainder;
3. The G3uernmeflf of India ‘consulted -ather L!iCrd Oorrminents
. . ‘
and finding that the present arrangements had Iliit giren’riJa
tn practical difficnlties, and that thert: was RO silch unanimous
dcsirc $r change as to justify action? drc:iilc:! not to :novc?
further in the matter."
Thus thc Government of Bengal wantcd to remxe to the " Trarsfer-
red ‘" side ‘a h n c h of the IIedical Drpartmcnt wliich was a lirscrl-cJ
aiibjett aud they apprehended no lowering of the standard of JlcZic~ll
Educztinri ilitdcr Alinisterinl control.
The sccontl (*:Iw relates to thti Dcp;iitincnt of Ime:il SPIT-Cnrrrnmrx:.
It wa; in cc:iihr:*tion with some iioniln:itions tn a District Bonr~i Tvt!i&
I had m:idr. . Thc M:!gistrnte o!ijoctcd to sonic of thcse corninnticpi.’
Vndcr the ilrl!rs of Executive Ritsinrss, thc inniter wcilt up lJt!f.,yp 1 !i
EsceIIcnry tlir Covernor. . Jfy pc;int ~ n s that as I W X ~ rrsycn.;ii.!c: t n 1 tit:
lJegi4ntiv.c Cou~lclil. F niiist mntrnl. sii far ;!s ill? 1;:lv 1:crInirf,yl inls, tl
parsnnnc-1 0:’ 1 i!t!s:! b:jdics ; t1i:l.t ;\.’IS riiy cnnstii:itional ri;llt. llis ESC
lrnry :;i*c.l>ptcd :his vim. b ~ t ?licrr w-ns :I t U ‘ 5 ~ : 1 i t y . The nc,ll1illa;j(lns Fl
piihlishcd in ihc Cr.?cctre- iinc!cr Tkc si;n:iturc c;f the Commissic,ilr?, of
Divisinr.. who c?:risa.i!y cou!cI not bc iis!:cc! to .piit):jsh names ur!dr.r
niithnrity \c.hiin he disnpprovcd an;- G: thein. The ‘tiifi.:iiity lras ca
sn!vcd. 1iniiL.r the la:\. t!iu noicin:itlms ry:-;.re svlbject " to the admi
tmtive C C ~ ! L – G ~ cf the Lcc;:l GoverrmeIii,.’ 1 ~ 9 : I C l ! In : this case C:L!i:?lt
by the Commissioner " subject to the administrative eclltrnl nf tlic L
Government." Thus the authcrity of :he Minister was upheld \yhile
objectioo of the local authGxitics mas fully met.
A trrr i s ii???rd by its h i i t s and i c ..view of these fac&
set fort?r:in the little pamplil~t which I append and which K ~ S pub 197
in Norember last, it mill not do to ~ a y that dyrrrchy, at least so much of
it. as wu controlled by me, wiis ,a failixc.
The truth seems to- me to be that t h succ’uss of djwciiy depends
l a l z e b on the otmuspliere which is created znd in wlib:!i it L i l S to work.
It depends upon ihc good-will and -the hearty co-operahii oi’ ~ h t Governor,
the members of the Executive Council in cliargc of ihe rezcrvcd side
and of the permanent officials of tlie vaYious Deport-gents. It is the
Governor who gives the cue, the first and ruling impulse ; the members
of the Eswutive Council must sympatheticaLy respond ; :iiid the permanent
officials must follow their lead. It was this condition .of things, tl:is
atmof;pherc, that was estallislied in Bei:,?aI from t!w first start of the
R e f o m . Both Lord Ronaldshny and L o d Lytton were sl;elesmanlike
b-yle;ir.attitude of aymI&iy and help and stood by .the JIiuisters \\ith
. w n e r o % support. They acted as coust itutional sowreigns and made
. mfi&tinction between Mcmbers and AIinistcrs. 1’ossil)ly their experience
of,:$ngEsh public life helped them, and tliu illembers of the Executive
C0-d ip ,their, turn, made no distinclion lJetw.een tlieiusrlves and tlieir . m d d . colleagues. Good-will was rile prcdorniniitiiig note ; it was
he practical recognition of an fqunl status.
and which in the long run secure’s
onc can judge, educatcd Ijihlic
stitution can in t h c w dilys;tllrive
Dyarcliy should go as iqEckl~ 198
In the absence of fill1 provincial autonomy, I d e s k to submit recom-
mndations,which w d d be a long forward step towards it. There am
mme Deparhnents which may be transferred to poptar ministers, without
any modification of the Act, and aa it seems to me, with little or no risk of
10s of eaciency. I have already referred to the Finance Department,
which may be so transferred, and I would include among the Transferred
subjects, Law and Justice and JtYih and the Revenue Department. For
krge
it deale
hti-Malarial
With flooding
operations.
and flushing
I do
which
not over-look
forms the
the 9 act
incipal
that
feature
Irrigation
of
has an important compercial bearing ; but I venture to submit that in
the health proh.km is the problem of problems, and combating
malaria is the dominant factor in that problem. If the views I have
snggested are accepted and subject to the necessary safeguards, it seems
to me that there is no reason why they should not be-the only Departments
that may remain Reserved are the Police and the Political ; and there
nMd be only one or a t the most two members of the Executive Council,
while-the number of popular ministers will have to be increased.
If the Finance Department is transferred to a popular minister, a
Joint Secretary in charge of the Transferred Departments would not be
necessary ; otherwise I would have one.
Under the Government of India Act, .the Governor is to be guided
by the advice of the ministers ; but he is at,liberty to over-ride their
decision. In Bengal, in my experience the Governor has wed in relation
to his ministers like a constitutional sovereign.
In, my Department I .&I not remembqr any. o’raer of mine’ being set
aside by the Governor. If there mere dieerenew and the occasions were
not many when there were such difcrcnces, we discussed the matter and
we were able to come to an agreewnt. But I recognize that them must
be at times difficulties ; and I would suggest that in such cases the points
.-
at issue should be submitted to a Council of Ministers and their decision
should be final, the,Governor being guided by it. This would need a modi-
fication of the Act.
Legislation affecting a particular province should ordinarily be dca?-
with in the Legislative Council oE the Province ; and the previous sanction
of the Government of India to local legislation should be done away with,
unless the Governor should think it necessary to refer any matter for the
consideration of the Government of h d i a . The last suggestion is made
with a view to avoid delay.
The electorate is undoubtedly capable of great improvement, 89 the
balk of the electors do not recognizetheir responsibilities. I t must be so
in the beginning of a novel eipcriment ; of course the electors will learn
t h e i r business with time and esperienee ; the best training is received by
‘actual practice. But in the meantime blunders will be committed ; un-
worthy men will be returned ; praeiees will be resorted to, discreditable
to the cause of Self-Government. But there is no escape from this-un-
fortunate position and it is by committing mistakes and paying for them
that we learn how not to commit them. For the Government having set
its hand to the plough, there can be no turning back. The British a v e r n –
ment despite its many faults of omission and eommission has never been
h ~ w n to withdraw or modify a concession once made. We know the fate
of the jury notification in Bcngal. The Government cannot think of r e
stLictin&thc franchibe d*?dy conceded. In this connection, the question of a second chamber arises, not indeed with a view to rcstrict or modify what
has been given, but to regulate and balance thc constitution. The whole
question ahould be thought out a d reported upon by the Parliamentary
Commission under the Government of India Act.
The Council shall continue for three years from its first meeting.
That ia the present lam. This wema to me to be too short a period and
nhould be extended to five years. I make this suggestion as the result of
practical experience. In the first year the members learn their business, in
the second year, they set down to work ; mid in the third year on the eve
of the elections, the members have their eyes fixed upon the approaChing
event which will decide their fate and all real work is suspended. Resolu-
tions are moved, questions are asked, votes are given, dl r i t h an eye to
secure success at the polls. The moderate becomes an extremist. The ex-
tremist makes a still further advance in his cult. The poor moderate is
nowbere. All useful work is suspended in the mad campaign of vote-
patching a t the polls. A quinquennial Council does not necessarily mean
that the life of the Council should extend to five years ; for it would be
elways open to the Governor to dissolve the Council whenever he chooses.
The extension of time would thus operate in the interests of the country
and will save it from the excitement and demoralization incidental to an
electioneering campaign. The suggestion if accepted would need a modi-
fiaation of the Act.
.Lastly I would urge the introduction of responsibility in the Central
Qovernment, This view was urged before the Joint Parliamentary Com-
mitbs trJr Indian ~hesses of a l l shades of political opinion. There was
m aihathb been Yellowed, in the Provincial Governments, ahould not be
why a difrision of subjects into Transferred and Reserved similar
mdopted in the Central Government. There would be little or no risk while
there would be the advantage of creating in the Legislative Assembly a
higher atmosphere of responsibility, due to the exercise of power a d not
merely of influence by the Assembly. United India makes this demand ;
and I submit that thia concession should be e a r b made.
DO-
Ijsatlp I desire to record my opinion against the communal system.
Apart from all other considerations it is a serious hindrance to the develop-
ment of the party-system which ia an essential feature of Parliamentary life.
recognition of the communal principle has been a mistake ; hut I fear it
not pOarible to undo it without the concurrence of the Mohamedan com-
munity. which had not this institution before.. It ia notorious that the District
Boards d e r from want of funda, and one of their most urgent needs
is the supply of pure drinking water. A Bill has been framed to meet
this want and was adopted at a conference of the delegates of the District
Boar& held in March last under the presidency of the Minister. At the
Conference referred t o above, on the motion of the Minister, it was
re’wlved that at least one-third of the proceeds of the Public Works Cess
should be devoted to sanitation and water-supply, and the Minister had
before this addressed a circular to the District Boards urging them to Bet
apart a substantial portion of the augmentation grant for the benefit of
the Union Boards.
, MUFFASSIL IIUNICIPALITIES.
The number of Municipalities vest-d with the right of electing their
Chairmen was increased, and the privilege was withheld only from five
Municipalities in all Bengal, owing to the existence of special conditions.
A Bill has been framed, amending the Bengal Municipal Act. Its more
important points were discussed a t a conference of Municipal Chairmen
and Vice-chairman held under the presidency of the Minister. The Bill
is now under the consideration of the Government, and makes a great
advance upon the existing law. If has since been introduced in Council.
VILLAGE SELF-GOVERNMENT.
The- number of vi1la;e authorities I r n p n as- Union Bogrds continued
to increase, rising from l.GO0 to morc’ than 6,000, and so& more w e d
in process of creation. These institutions. are in their infancy, and
although many of them hdve bhomn reinarkable aptitude for administering
their own local affairs, some Boards appear to hare not realised the
benefits conferred by the Village Self-Government Act, and in pursuanre
of the policy that those Boards should not be allowed to exist where there
is a manifest unwillingness on the part of the villapers to avail them-
selves of the privileps of this organisation, the Union Boards in ths
Eistrict of Midnapore were abolished, with thc exception of one.
PUBLIC HEALTII DEPARTJIENT.
In 1921 the JIinibter inrited a conferrncc of the representatives of
the Press, European and Indian, to discuss the question of public health
He opened the Conference with an address in which he appealed to the
Press to co-operate with the Government in creating a body of public?
opinion which would help the Government in inaurrurating the necessev
measures to rid the country of malaria and undertake Dther sanitarp
measures. About the same time a circular letter was addressed to the
District Boards by the Minister of Local Self-Government, inviting them
to hold conferences to formulate anti-malarial measures and schemes of
water-supply for their districts. and to consider how they should be
financed. The Minister promised that if invited he would be present at
these Conferences. As a matter of fact he attended nine such ConferencH
held in the following districts :-Dacca, Bnrisal. Khulna Jessore, Dinaj-
pore, Hooghly, Krishnagar, Faridpur and Howrah. Several District
Boards have submitted their schemes which are now being considered by
the Department’The result has been that an atmosphere has been created in many of the districts in favour of dpaertaking sanitary works for tbe
improvement of public health and the supply of pure drinkin, water.
The fruits .of this change will no doubt ‘manifest themelyes yithin a
measurable distance of timc. for after all sanitation needs the active
co-operation of the people for its success, a d the Health Department
recognizes the useful worlc which is being done by the Anti-malarial Co-
operative Societies. With regard to antimalarial operations, the Bhairab
project, which will cover four districts, namely, JIurshidabad, Nadia,
Jessore and Khulna, and traverse about 1,400’square miles, is now under
preparation. It is a big project ; the old schemes are being revised, for
experience has shown that the true remedy f o r the prevention of malaria
lies in flushing and flooding and the improvement of our rivers. The
&alth Department is engaged in work having this object in view.
In spite of the fact that financial stringency has greatly hampered the
work of the Public Health Department ever since the Reforms came into
force, there has been marked progress in certain directions. For example
there has been a great expansion of the public
health activities of local authorities, both in
respect to vaccination and anti-cholera measures. With two esceptions all
I
Vaccination.
District Boards are now employing Health Officers, and have taken over
control of vaccination, and for the first time in their history District Boards
me now initiating anti-cholera work which promlses to give excellent
.results. There has been a material’ decline of
cholera mortality as compared with pre\iioui
+&d owing t o the much greater attention that is now being paid to
Bnti-~40lera work.
‘&& &ease’largely in consequenqe.of the propaganda work of the Depart-. .
ment, there is every ground for believing that the decrease will continue
until 6ventnally the disease is brought entir’ely under control.
As regards large schemes the Department of Public Health. WIB only
act in an advisory capacity, the Irrigation Department (which is a Reserved
Department) being s$leIy responsible for the initiation and execution of
all large engineering projects affecting the rivers o r the drainage of the
country. Owing to financial stringency it has not been possible as yet to
inaugurate any new large schemes of river improvement which are consider-
ed essential to the amelioration of conditions in many of the inalarious dis-
tricts. Biit several schemes of a different character such as.the Am1 Bil
drainage scheme, etc., have been completed and progress has been made
in connection with the .Jamuna, Nowi Sunthi and Ampta projects. These
schemes are largely in the .nature of agricultural drainage works, rather
than anti-malarial schemes. Definite and most encouraging results however
hare – already follyved upon the partial re-excavation of the Saraswati
kiver-the spleen rates of a number of adjacent villages have been greatly
reduced since the river bed was re-excavated. The survey of the remainder
of the ri\-er is now being carried out and a final report and estimates are
expected very shortly by the Irrigation Department. The Bhairab im-
Prorement project dram up last year was found to be open to serious
Bhairab Project. criticism, as it did not appear to offer a favour-
able chance of any great improvement in the
,river. I n these circumstances the Irrigation Department decided to ex-
the possibility of re-openinc fhe upper reaches of the Bhairab with
F.?ew.b aU?wb.g the entrance of larger volumes of water from the main
. .
of tk Padma. The surrey of the upper Bhairab hns been pushed
hi ~&-mis% during the dry weather months. by 13 sun-ex parties belong- k t o – t h C Irrigation Department, and the final results of-this survey of
I shortly espcctcd. The whole of theBhairab Jalangi branch of the rivcr h;iS
now been completely ‘ surveyed, and about one-third of the Matabhangs
branch bai &so been surveyed. Nothing can be definitely stated until a
final report has been received from the Irrigation Department i n this con-
nection. Apart f r o g the activities of the Irrigation Departnient already
referred to; the following may be noted. Anti-malarial projects completrd
Other work in conneetior1 prior t o Jannary, 1951, include :–(I) IIeenghs,
( 5 ) Singaran. ( 3 ) Jangipur and (1) Banka
Valley. .These have been observed .continually, and the results arc being
carefully recorded. So far the hest results.hare been obtained at Janqipiw,
where there has bren a rcd:iction of thc general mortdity, the fever dcp-th-
rate and the infant niortalit?-. l h e S ~ ! C C ~ I I i1idc.u also shows a clecliiic. IT-
prorement has also been notcd a t Mee1irlu aiid S i x p r a n . h i t is not so
mxiked as a t Jangipur. In thc case of thc Banka Valley project the Irri-
gation Deprlrtment rcport considrrsble iniprovcmeiit of the agricu1t~:rd
with malaria
conditions iis a direct result of thc work. but the health and populat.ioii
statistics are not so definite. On the other hand it is to be noted that if ~e
remember f.hat from the brgixining of 1918 onwards sickness and mortality
throuphout Bengnl showed an nhiiormnl increase and that conditions only
bcgan to approach normal again in 1922, too much cannot he xpecrcd. 2nd
the w r y fact that the areas ip xhich these anti-mdarkl schcmcs arc situiitetl
escape? to a Trent estcnt. thc ahi!nrninl iiicrcase of mortalit!: .siizgests that
thc measures 1i:iVe rr~lly%wii niorc cfi.cnt ik;c than rniy!it :it first sigh1 iippcar.
I)wn c:irrid oiit in thi? towi i:t’ T a n p i ! i i r i i l liiitlg:c*-:~iitl~~~ iind tlic rcsiilts
Besides the fo:ir projwts mciil iooiv!. ! l d ; o d : i i i d flush tir:iin;igc sehunics hart:
are so f a r satisfactory.
-irr TC 12-3 I : r r r. I-.
Anti-ninlarid iipt:r:itio~is c i i r r d on by mriiris of flushinc and floodiri~
will necessarily iniprovc tlic watcr-supply and also add to the agricultural
prosperity of thc cnuntry. A cqmniittce was appoint.ed for considerinq
scliemcs of watcr-supply for thc riparian 1riiiiicip;ilitics on the left bmlc
of thc IIooglily. They have subniittcc! thcir rrpiirt and applications hare
been made .by several Nuiiicipiditics for grants anti Ioiins rrhieh arc now
uiicler consideration. A similar committc’ia has l)ct-11 iil>ij*)iIiteil in connwtion
with thc niimicipalitics on thc r i d i t bank of the IIo~i~hly. Their report is
awaited. Experiments with tube \rt.lls has bccii tried in some Mwiicipnli-
ties, and the system, it is hopci~, will solve tlic water-supply prnblcm in
sonic mu:iicipal and ruriil areas. It c:iI:iiot hc applied everywhere. KelLs
nnd tanks must in many rural 3rv:is’ hr. thc? o!ily source of w.ater-siippl>:
Last year we made a Er::xit of 1;s. 1,500 f o r wclls in Enjitpur. It stirnulatrd
local cffort and sarcd the people from the horrors of water-famine. To aid
r u r a l water-supply a provision \vas inserted in thc cmcrgclit Bill ar??cnding
the L. S. G. Act, by the District Board Conference cmpowcriny District
Boards to. take possession of any source of wiitcr-supply which is used by
the public arid to rc-excavate i t and takr such other action as nxiy bc new.:-
sary, the orrxiers btsing perniittctf to w a r a11d sell fish. the tank bcine rr’.
stored after the czpe:isrs of re-esciivatiou hare been rccouptid.
IIEDICAL DEPAETJZEST.
The DeFartnieiit at.taches y r n t iniportnnce to t,he esta51islimrnt of
ni?dic:il sc1ioo1s outside S’.Jlcottir in order to Drovide H 1iirgcr nuniher O! me&J mcu for Kork h i tlie riiml areas. A Committee was appointed for
the purpose a!id it ILLS been decided to fitart a new medical school i n the
,IIymensiligh district which will haye an efficient staff similar tQ the staff of
the Ronaldshay Jlcrlicnl School ir: Burdman which was established before
the Reforms came iiito o~icratio~i. It has also been decided to fouiid aiiothcr
medical school in ti;(! Cliitt;igoi!q district, and i t is hoped that funds will
be available for procc.eili!!g with this scheme n e s t pear. In this connection
it should be mentioned chat at the request of the Jlinister, L i m n Sailat
Kumar Mukherjee of L’tterpnra has made a generous gift of Rs. 51,000 which
has been plnccd at his dispo4:il for medical schools in thc mufassil. Cut
of this, the 3lhister 1:as promised a sum of IES. 20,000 for the Chitta~ong
31edical School and Rs. 10.000 f o r the Mymensingh School. Works ili
connection wit!i the c n r ! ~ cst;itilirhment of the Jfymcnsingh School are being
pushed forward.
The problcn: of 7rositling medical relief for rural are:is has recci1-d
careful attelltion. I t has heen decided to make an effort t o ~ ~ s t a b l i s l ~ a
small pucca.diq;ri:s:i!y in ench of the 137 th.ma hradqunrtcrs. w!icre RO
siich dispensary ;it priascnt exists. It is also hoprtl that m a l l d i > i ) i ~ i i s ; ~ r ! ~ ~ ~
of a cheaper type n13y be estzblished in vi!lnges b:; oiferiiig r:!!1E!i!i!d s:;b-
sidies or a retainir~g fpe to the doctor, who Is expected to s : ~ ! I ~ > I ~ ~ I ~ L ( ~ I I ~ This
hcome by private practice. The Lcgislatire Cogneil has ailotti!(l Rs. l r 7 ~ f l l ~ 0
allotment w,a be required f o r at least three years after aiiich i l i i ? i$rt’s.tion
per mnum in all for these tmo schemer, on the ixilferstmidiiig tliiit tlii?
will be &consideTed. The 5uccess of these schemes’ dg~ends largely 011 ~!ic
response mzde by DGtrict and l i n i o i Boardu..
Comn$ttees-have been appointed to remove complaints which n s v d to
h’made’ regarding .the .method of selecting candidates for atimisxiciii- f o
‘-the_Medical College of Calcutta and the medical. schools, owiiig lo fiic IYI-
orhone number of applicants who desire such admission.
Committees have been a p p o i u t d to report on the question of rrstoriiig
or developing the Ayurvedic and the Tibbi o r Unaiii system nf nicdiciiio.
.A scheme for the estab1ishn:Piit of a Leper Colony for th.? avm::i(ik~-
tion and-treatment of lepers i n Eengal is uridcr consideroticii.
I. JI. S. APPOIXTMESTS. .. rtant constitutional question was raised by thi! :\Iin;stcir in
Medical Department in connection n-ith ii!~p~:ii!n::~:iti (if
-o@cers in this Presidency. Hithcrto t h e app~i!ir iii..ii!s t i i c i i i , ~ l l
the Qovcrqment of Bengal used to he made by r h c ~ ; i i ~ : t ~ r i i ~ ~ i ~ ~ i ! t
he Minister pointed out that this involved an infnca!io!i n f his
al position of respoiwibiiity to thc Lrgislativc CouiiciI. aiid Iie
the appointments should be nack 111 the I.ocn! (.h~c~:rrin~~iit,
e adrice of the Government of India UJ inforriintion blxiiig
‘Government. The claim has now been prncticnl!). admitted.
for associating indi.pendent practitionprs and noc-I. 31. S.
e n with the staff of the ?.Iedicxi Colle;,.o Iiixpitnl is Ei?der cnn-
ractitioners have been pliiekd in charge of the
es a d ear, nose and throat) Out-tloor Dogartnxn:s, 206
Another step towards the employment of qualified Indians in high
positions in the Medical Department has recently been taken by thc appoint-
ment of Dr. U. N. ‘Brahmachrfri and Dr. IC. H. Chatterjee RS additional
Physician and Surgeon respectively to the Medical Colkgc Hbspitals.
This is the first time that Indian Medical Officers in the grade of Assistant
Surgeons have been appointed to these posts.
A still more notable advance has been made in the same direction. So
far back aa October’ 1921, the Minister‘ recommended the reduction of
appointments reserved for the I. bl. S. from PO to 24. These recommcndn-
tions have been accepted by the Secretary of State and will now be given
A leading newspaper observes in this connection ;. . . . . . . . . .“ In any case,
effect to. It means the further Indianization of high medical appointments.
it is evident that Sir Surendraaath Banerjea means to do his utmost to
give effect to the ideal of India for the Indianu”. 209
Memorandum by Xr. A. K. Faxlnl Huq, ex-Minider, Ben&
In order to arrive a t a proper appreciation of the problelas before,
the Committee, we have to take note of certain essential poirts. To
br:gin with, we hare to remember that the introduction of respGxisible
g‘tvernment under the political conditions prevailing in India, is iu the
Lsture of an eqeriment without any parallel in history in any iige u r
clime. It is true that in ancient times there was in the country a crude
system akin to popular government, but it was mainly rural in character
and never developed. into a system of administration for the countrg as a
whole. Further, and this is a very important point to remember, thc
system dealt with a homogeneous population amorgst whom comx~~u:nl
f.:uds were wholly unknown. Had the history of India been a pe;lc!cful
racord. of. polltical progress, village-self-government might haye perhaps
cicveloped into a systcm congenial to the genius and spirit of the pc:ol)le. .
Bu~.t,he.s~cessive waves of foreign invasions that swept over the country
&&rent times hindered the natural growth and development of rhe
system. These foreign invasions introduced a large foreign clccient
h t o the population and marred its homogenity, with the result that
a t the present moment India is a vast congeries of distinct races and
eommnunities in unequal stages of political development.
In circumstances. like this, the introduction of representative insti-
tutions raises complications of the. gravest character. It is evident that
prevailing. in a modern province, those done .mould
r a system of representatire government who are
ahead.of the rest in education and 811 other matters which determine
tkt: selection of tb:Se in whose hands authority is to be vestd. l f ,
thei’efore, r ~ ~ ~ o ~ s i i l r ~ ~ , g o a e ~ . m e n t were introduced in this country-with-
r.ut proper !icl!73?;1.nS .and! safeguards, the transference of puwer to
popular contiol wouibmean,the domination of one particular coniiuunity
over other less aivanced communities. Those acquainted with the
intense feelin gz n i asimosity and antagonism with which different rom-
ninnitirn look unr?n one another will a t once realise the effects of such
a contingeccy. Soxkere, a t any time in the world’s history, has the
txperiment of re..; iible government been tried amongst warring
creeds and comniuni:i,~s. I’ruJcuce therefore dictates a policy of wuiion
hl all.attempts t o inrrotluce responsible government in the midst of a
paople-.composed of 2iverse communities, and the best and the safest
a6y*.of:*ing the es;,eriment is by watching how it works in 0 limited
uphers; ,“his is tkr rl:al justification for the provision of dynrchy as a
Srst &p towards ti:. grant of full responsible government, ns it enables
UI to.&lk.how far, within the limits of dyarchy,, the grant of responsilrle
j’Ow&lt6 a heterogenom people is codsistent with the snfcty of varied
d-eta interests- Dyarchy, with all its faults, is therefore 811
=ehthI and hdispezsible first step towards the attainment of full rey-
W ~ % k o ~ e ~ t ~ r b the pwples of India. I t not only affords a
*nhblG ‘traiciw e
:I
nd to t h e peoples but enables the experiment to
be trisd,with ti;? nun1 rL1;. to the public interests.
the 1ir:itarion of :he field of Qovernment is not enorlgh to
+ w e weaker communities from the arbitrary exercise of power by
Zb‘.sbon@r commun;ties. Proper safeguards must be provided in the
cdn$&?hn itself f u r the adeqnnte representation of variom communities.
’ w e – .. , j d f i C a L i o n f o r a system of communal representation through
FsllllllEoLtz electorntes. I refer 70 this point because I find a tendency on
‘‘even
‘of gome w-i messes to deprecate communal represenation. I’am therefore stroiig1y.h favour of the retention of Dyarchp in the
constitution and opposed to the immediate grant of full responsible gorern-
ment for the following reasons :-
(a) The introduction of a system of responsible. gowrnmpnt
amongst a heterogenous people like what exists in India is
k t h c nature of a novel experiment ‘;
( b ) The erperiment is beset with dangers and the best way
‘of watching it is Iiy restricting the field of work. This is
the principle underlying the provision of Dyarchy ;
(c) Dyarchy has not had a fair trial a t all. During the first
period of the Reformed .Councils, a large portiou of the
population held .aloof and full opportunity for observation
was nnt afforded. During the.second term, a large section
entered the Councils with the deliberate object of wrecking
the .constitution ;
( d ) Responsible goyernment is possible only with a sufiicientlJ*
well-educated electorate. This essential condition is want
ing in India ;
( e ) Not only should the electorate be educated enough t o mdcr-
stand the significance and potentiality of the vote. but th:
members of the legislature should also undcrstand their
proper . : functions. . It is sadly lacking in – our. $fescifiS
Councils.
1.now proceed to consider the objections to Dyarchy that nrisr. .or
are said to arise, from defects in the constitutioq itsclf. I must- begin
by saying that I entirely disagree with. those who hace dcclarsd that. Iht?
Secretaries to’ Govcrnmcnt and other officials often hi-mbcr. JIiiiist.crs
in the administration of the transferred subjects and, in eutrcnit: cases,
get the Ministers’ decisions upset by surreptitious appCls to thc C::)wi–
nors. bfy own experience has been otherwise. During the whoie term
cf my ofice as a Xinistc’r, brief though it has been, I can recall nothing
more pleasant than the memory of 5 y associations with the Secrctaries
to Qovernmcnt Heads of Departments and other permanent officials;
Frictions between Secretaries and other officials on the onc hand, and the
3finisters on the other, can arise from Yarioils causes. I have no doubt
that if the Bfinistcrs deal with the Secretaries i n – a friendly spirit, the
Secretaries will also gladly reciprocate the kindly feelings, and
work i s bonod t o go on smoothly. If howevcr the Jfinisters assume
a supercilous air, i t will be only human if the Swrctaries resem surli
an attitude. After all, the Secretaries and the othrr officials with whom
the bfinkters come into contact are ofiitinls of hi;h standing ancl. in
all cases, d exceptional merit and ability with :I I;now1cdrre of thc details
of administPation in which t.he Ministc.rs must ncicessirily bc k w k i ~ ~ ~ .
And this brings me t o &.very important point which is often overloolie?
in considering t h e re!ations betn-ecn t h e Ministers and the Secxtiirirs
t o Government. The SIcie:a-it!s. ::rncrally s~~c!;!lii~l~, (lo not li!!l:bn< t o
any of the contc.nc!iriz cor:n:i:r:it : e < in !::ZILi. ?.:I! ~ : I Y ! ! a!! hrcn I~ri)!i~lit
n p in an atmohphere i r e e Tmm yxtiality and ~,reJiidicc. ‘ In cnursc of
time;tCey become naturally accustomed t o look a t things from a detached
po.int of view: unaifccted by any bias in favour of any particular clahs or
cwmmunity. Xinisters on. the other hand belop? t3 one or otlicir cf the
contending communities in India. and however: much thtty try to holrf
The scales even? thcy are.Iirone to belniluenced by political prejudices and
eTen by unconsciocs Icnninz towards their -cirri community. In such
C X ~ P S . j7, wiiiltf IN: i . l i ~ . cli~xr du:y of t h e Secrcturics and other perniancnt oscials of Government to interl-ene and prevent any possible injury
:cb public interesx It is quite likely that some of the alleged cases
of’ frictions betmeen hlinisters and their Secretaries belong to this class.
‘the prejudiced eyes of the JIinisters may not enable them to sce ‘inany
matters which are plain t o the experienced and unimjudiced eyes of
permanent officials in the Government. I come norp to the alleged difticulties which the Xinisteiv feel in
carrying out their poiicy in consequence of lack of adequate I’llnds at
their disposal. Though I agree Fenerally that the complaint is not with-
out foundation, I do not admit that the Finance Uembers are rciponsib1?
for hampering the Ministers in their work. I do not admit that c-en’ with
the slender resources a t the disposal of the Jlinisters nothing can a t all
be done. Of course if we had more money, we could do more, but it
does not follow t h a t -ire can do nothing because we have not got as
mnch money as me mould like to hare. So f a r Bengal is concerned, 1
kan say that i t is not true that the Reserved Departments absorb most
c d the money while the Transferred Subjects are practically starTed.
The real truth is that all the departments, reserved or transferred. s u l k –
tclually from lack of funds. In Bcngal this is mainly clue to the iu-
eqnitous BIeston Settlement-which cripples our resources and, sirs like.
‘a nightmare on our.chest. This is our real difficulty in Benzd. m a
b l e s s the wrong done to u s j s rightetl. I d o not see how the aciii!iiiistra-
tion 4, a,. whole can ,be’keijt.:gokg rerj! 1011g in working Ode:..’ . I
sfronpJy: of opinion that. in order . t o ‘ rcstorc . financia! eii~iilibrimn
to Bmg& the Eollowing iteps should a t once be ta!rcp as an .act of bare
. w e to the provfnee :-
(1) The Meston Settlement should lie reTised. and Benpl. siioiild
be €reedSrom ‘the heavy early contribution impusl:(l upon
it.
(2) The proceeds of the Income Tax should once again be handed
over to Bengal in its entirety ;
(3) The Jute Tax should be handed orer to Bengal.
1 haye noticed that SOLTIC. witnesses have urged that sometliixg like
tau unified governmeot should be introriuccd in order t o giyc :.Iii?istcr:i
anequal chance with Members of the Executive Council in scci!ri::z ti!T:c!q
for their departments. In Bcngal such a system has already I t ~ n n.oTk1d
b3* E. E. Lord Lytton. Whatever may be the pr:icticc :n of!ltar pvn-
vinces, the system adoptecl hp I!is Excellency I,OI.C~ L J – ; , o ~ ~ I I 1 h g : ~ I
hardly: justifies any csmplaint on the part of tlic 3Iinistt:r.:;. 1,,11.,1
Lyt€nph practice h been to hare comltinccl mectings cf JIinisr~!:.:; 5:i.l
Hem%eF,;& ,the Executive Council and .?t siic!j nirrt inrs JIeIn!;ci.s : i n i
.fiSiteLs wc reqlzired to put fcrward sbhemcs or Itractical scrgc:.t ions
.’in the departments controlled lp each. Tht; ctntire for”:t%$edhre
sitting together decide t h k real importance ant-! urzrncv
of all &dvarious schemes and these approved schemes are thcr: iiixltctl
@I: for being financed in regular order. The Finance JIcmbor is a S k t ~ l
t@ a?@lrcte *OW mnch money is anilable in the public coffers ;rull ti):!
ec5re:hernrnmt as a whole declares horn mone- is t o be er;)~~i~t!od
It is clear therefore that. unl!rr sl1y.h
each ‘ r n q b e r .or B.Gnister has an equal chance and i: clcpeitdu
.oOV&kt
a E?.*m,
on r*ch :item ‘Of. *nditnre.
hrt;
On El?a.’W&t.hm *. %and. It
he’ean
%.his
make
fault
out
i€ fie
a
fails
case
.to
for
convince
an1 scheme
his collc:ltrl1c..;
th:rt he may
in
izc aO*emment ; h e mould not then be justified in attributin? ]!is r"nilt::.e
f c sf m e money to the parsimoniousness of the Finance 1Icrnbc.r.
-4. K. F-IZLTZ ITQ. Memorandum by Mr. A. K. Ghuznavi. ex-Minister, Bengal .
when the Government of India Act was framed it was. expeclclI
that most pofiticallp minded countrymen of ours would join together
in actire co-operation in an attempt to work this Act successfdlj-.
Experience however, has falsified those anticipations. Mr. Xontcgu
and his supporters and many of our countrymen loolied upon this Act
as a boon for it was to pave the way for transfer of the Governxent
t o the people of the Countr?;. Dpmocratic institutions as understod
in the West are not indigenous ta th-2 East, though, strange as it mil?
seem, it mas in the East thxt Islam ushered forth the conception of
democracy in its purest form. Libtrtp, Equality and Fraternity were
cmbodied in the words “ Innama-ul-Mominuna ikhwatun ”, k., all
believers are brethren. With the hirth of the Islamic Democracy the
spirit of those words mas inculcated in the masses? and while this spirit
perraded the masses, democratic institutions flourished. With the
waning of this spirit the Onliphate mas transferred into a Nouarcliy
and thereafter to a benevolent autocracy.
Democratic Goverpment has hitherto flourished where there is
homogeneity in religious beliefs an< in social customs and where ‘there is
absence of any pronounced racial rivalries. Tlicse conditions arc
wanting in India a t prescnt.
KO one now doubts that no admndment to\v;lrds Self-Government
is possible x-ithout Hindu-Uoslem I-nity. E,;t thrre is unfortunately 3
large scction of Hindus who while prcfess<.Lg outwarinp their faith iu
IIinctu–\Ioslem Unity are trying in sn1,tle ways to capture all ciyil
powers f o r themselves to the nltiniiite detriiiient of the Moslem Ccin-
munity. Their idea is that the Britidi Army must stay to protect 19dia
against foreign invasion and to beep the peace, while all internnl civiI
powers shou!d be captured by theni. To attain their objects they n u s t
sceiire siifficient amount of Moslem support. This section of our conntrg-
men is imbued with the deadliest hare for the Gritishers and the Eritish
connection and with more or less ill-concealed hatred for Xoslems as
well. Believing that if they can oniy succeed in wrecking the present
Constitution the British people and tlie Labour Government mill be forced
t o placate them by giving them further and much larger instalments of
Self-Government, they have a t last destroyed that feature of the Govern-
ment of India Act, which conceded substantial powers to the representa-
tives of the people. How this mill lead the Country to their pjofessed
goal, it is difficult to see.
In the first LegisIative Council which was more or less shunned by
the Swarajists, there was a general desire on the part of the Indian
Members not merely to support the transferred departments but to see
that the activities especially in the direction of combatting diseases,
ignorance and poverty were greatly expanded. In the present Council
however there was no such desire on the part of the Swarajists whose 21 1
one aim was to shatter the Constitution by ousting the ministers bg
means fair or f o u l and obstructjng the general machinery of Gopemment.
%.he need for adopting- adequate safeguards against such suicidally
iiestructive tendencies has been made abundantly clear, and appropriate
changes must be made in the rules and to some extent in the Act itself.
3 s already stated I ‘ d o not claim that the Government of India Act
of 1919 is a perfect document and I agree that it admits of improvements.
-: only insist that it must be worked for the full statutory period aftcr
)riaking the necessary amendments, because it contains the bn.sic
materia!s upon which the structure of the Indian constitution will
e\entually hare to be laid. It is certainly a wise statesmanship that
before launching a full scheme of responsible government, we shouid be
trained in the art of Government by a representative Council of which
me had had no pri:rious experience. In a country like ours this trnining
in the esercise of powers conferred in gradual stages is essential, a d
multifarious interests of various communities are involved in tho
administration.
I now proceed to discuss the changes vhich I would iikc to
– .
C$uI:il.
m g ~ e s t .
I.-Franchise.
In ,t$e 3Iontnzu-Chelmsford report we read :-”.The ‘ much ‘lar&er
electorates that will tiow be set up, though still a mere fraction of .the
population mill be devoid-of political esperience. The habit of consider-
ing political issues to be decided by a man’s own judgment, o r realking
the value of the proper.use of a rote and of judging candidates with
acquired.. … . These difliculties will be imrcascd by the general i x k of
regart1 to their fitness to represent the electors views, have all to be
education."
. ‘ The framers of the electoral rules. f i d tIic qualifications SO 1 o ~
that it conferred the vote on tlioiisnnds of illiterate and easily inisled
villagers. The majority of villagers arc in the clutdics of mofussil
money lenders and petty lawyers. Tlic resiilt hiis h e n tllilt in tlic case
at least of some constituencies a set of lidf ctliicated irresponsible persons
have .got into the Council.
SiOrc : e C I . ~ T I . , : ‘ , ! : ? ( . I : ~
"’.ere are two a1t.ernatir-e renicdies. Either the frm~chise qualifi-
C T . ~ ; ,: . should be sufficiently raised in order to ensure a better class of
:j 31 if the present qualific.ations are rctaincd, then I mould suggest
?1ic Y , "mation of electpral cslleges for ewry sub-division which will
<end an allotted number of representntircs to the
Th.;<r. i. ~ I ! ~ ~ l r ~ . s will be farm68 by the present electorate yniier
Syrength of the coIlepes map r01ighlv be JLth or
&th :if tile t$lT.nl I\?iru:Jry electors. E1ee:ions to these colleges might be
PziStinF r-J:t:q.
on. a :erritorid !<k.sis. the union Board area where such Boa&
and L.’cal Boards elsewhere being taken as unit f o r this purpose. I
r o d d l d c o c a t e the latter alternative as it appears to have two main
ahpantagss :- (2) 3 w;n e-e
Indian seats.
el 2
-&am th final decision persons of less t h m
avenge fditicd sagacity.
IL-Canstituencies.
(a) It was wisely decided to be essential that there should be special
con;mmal electorates in Bengal and the rest of India. But a very
=eat wrong has been done bv.i,he rules framed under this 9 C t to th?
&luhnmma&acs of Bengal \rho Iorm % per cent, of the popn1qtio:i O f
this province by assigning to them a position of minority in the Council.
This was done in spite of the protest of the represeniatiwu of the
Community and the Forernmcnt of India itself and this in our o p i r h n
bas ccntributed in various mays to the serious political trcubles of
whieh.Benga1 has become the centre. For the sake not merely o i the
25 millions of Moslems of Benyl but in the interest of r o o d government
and the British peoples’ reputaiion f o r fair deaiing this mro::g shrluld
be righted without delay and the Muhammadans who form a rnajori?
uf the population should have assigned to them a majority of the eiected
( b ) The plural constituencies should be done away Kith. Ench
constituency should not send more than one member.
(G) I: am strongly of opinion that.thcre is no rhison d’ efre for having
landholders’ coktituenc’ies. The landholders can very well get thein-
EClVeS returned from the General Constituencics, ax in fat$ they dd a:
present.
IIX.-!Perm of Council.
Election has become an expensive business. Even if stem are tillren
to reduce corrupt practices to an absolute minimum and the systzin of
electoral college is established, yet in the public interest it w o d d he
desirable to extend the term of the C’o!incil to 5 years. Tllcre is .&o
amther strong reascn in favour of this snggestion. A period 01 3 p a r s
is scarcely enough to enable a minister and his party to carry 😮 a
91iccesstul termination any policies or scnemes IrerCn I:e C;WS t o Poruuliite
a d develop, and it a!so stands 1-n~ s;:y of cficiv:;cy in
administration.
Lv.-Appciil:meEt af I a & i i E L ! i .
Various suggestions have been made regarding the appointment
of Xinisters. In this comection 1 am of opinion that so lpn:: as our
Legislative Council is not orgnnised on party lines the appointment of
Ministers should be in the hands of the Governor who wili ~ p p c i n t tllclc
in consideration of their ability, intrinsic merit, a s well as t h e clninis
of tbe different communities a ~ d the numerical strength o€ each party.
The real growth of a nntiosal feeling in tke country mill only be mcertained
when a party composed of representatives of all classes of constitmncies
with a clear majority will he farmed in our legislative body. It would
then tic p m i b k .for the Gorernor to relinquish the pow& of appointing
Ministers and cn!I.’mpdn the lccder o f the strorpest party to form a
Uinistry. Goremment on par?y lines is now recogniscd as one of the best forma
of democratic machinery. As we are following ti!e British system of
Democratic Goyernmcnt, ours will ultimately, I have’ no donbt, be. started
on party lines as in the colonies. Bat our present di:Ticdties me numerous.
In a country peopled by a homogcrious race i t is not ditiicult to form a
majority party in the le$slature as it is in a country like ours where the
interests of different comniunities arc intermingled in the administration.
In the former a party m m lins t o al)ide by his part.y obligations only but
in the letter he hns also to attcntl t o his distinctive comn;:inal iptercsts
%-hi& is unavoidably necessary f o r him to do owing to differences in
religion and social customs. Thcse two obligations must be adjusted in
such a may that instcad of being antagonistic they may be helpful to
the general .rrell-being of the Country. This difficult>- has probabiy led
some t o suggest the abolition of the separate .electorate system. But
however theoretically attractive, abolition of separate electorate system
is not tenable in the present state of the ccunrry because it will 0111~-
create a muddle in our political iife and will be mcd as 3 weapon of
cocrcion by the major ccmmunity against the minor. I d o not beiieve
that separate electorate system stands in the may of the larger interests
of the Countv or of the healthy evolction of our nati:)nal ideds! where-
as it is certainly a safeguard against the usurpation and misuse of
administrative powers by one single n a j o r communiry.
V.-Finance, Inner-working.
(a). lhdep’rule 37-(g)..(3),. it is the duty of the Finance Department
j, cuLi~eG:;;uil -.A .:I* the budget ‘and supplementary estimates to examin0
and advise on all schemes of new espenditure f o r which it is proposed
t o make provision in the estimates, and they are authorised t o d5cline
t o provide in t h e estimates f o r any schemes which have not h e n sn
examined. €’rt:$umably the intention in framing this rule was that waste
of money throuFh the adopti_on of immature and unsound sehemcs wis,
t o be aroic?.ei!. n n < i the Finance Dcpartnicnt was considered to be i n – a
yo-irion to R::r:r<i cgainst such waste, through its power of examination
. . . . .
. .
an.: dt:clininrr tc-1 provide for any schcnics for ncw espcniliturc not
examined by them. On the other hand, the whol!: intcntinn of the
GL-;erriment of India Act is that JIinistcrs shoiiltl 1:o lcft free to Forhue a
definit? Folicy of their own, for which thcy are to 1)c rcsponsilile t o tlia.3
Legidati.<c Council. In practice. it h : ~ been fount1 that the DcvoIiiticln
Rule referred to above has had tl:c c!Twt of vest ill; csces::i\-c p o ~ ers
iz t!::? T’- – – ? c Dcpnrtment. The fin;ni!*i;il esnniiii;it.ion of scl;c.~neu :9 – r e g x J e i ,: : iinplyiqz a minutc and liid’i ivii1oi:s stxriitiIiy by tile I;inar.cc!
jf the s’ninllest techni(2nl clctnil:; pf cncli project which would
be bet:?: f t to the cljscrchn of tiic ntlminisiriitive dep:lrtment. In
f a c t the I – ance Department have praciicnlly placed thcmselves in the
position . :. !xperts i n (:very dcp;:ri iumt instihati of concninz tIicmscI\~s
to the 111. – gencral aapccts of .e:.ch schc::ii. i n its iin;inci:il h x i n g s which
a?pears hare been the ixtelition of the frnmprs of tii:: Go\-s:rnmel;t
d! Lnr2.ia -I- .t. The result i s that llinistcrs arc o:i!y too often !inabi:, to
&rrV t h gh their sc!:emes in the forizi approve(! ‘by thorn and in :t-hich
f i f i t . are 1 t by the brads of dcpartrncnts an(1 other cxprrt officers. . ~ \ I I O
arc – 1 a position t o judge as to the soundci.ss or otllerwise of
f ~ h . . – – 3s. The rules should be chcngcd so 3s t o limit the pomrs
f i e F nee Dcpar:nient. 2 14
Under the present procedure, which is explained in sectiop, 294’ of the
Secretariat instructions, even after a scheme has been sanctioned with the
approval of the . h m n c e Department and money provided in the budgct,
no expenditure of a recurring nature can be incurred without the consent
of the Finance Department, which shouId have no power to interfere with
the discretion of the administrati’ve department t o incur expenditure within
the limit of the budget grant. The administrative department should also
be given power to make reappropriation within its budget allotment from
one minor head to another without reference to the Finance Department..
The absurd position a t present is obvious from the fact that a Jlinistcr
in charge of a department-has not the pon-er t o transfer even one rupce
from one minor head to another without submitting the case to thc Finance
Department for their approval.
( b ) In order to allow the Aiinisters the necessary discretion in ti??
matter of formulating their policies and carrying them out. it must hc
ensured that sufficient funds are plsced at thcir tli..;posal. The prnctice n t
present in vogue.is that the purse being common, both sidcs sit toactlici- and
settle the budget. In this connection a rdcrcnce is invited t o tlic rqmrt
of the Joint Select Committee on clause 1 of the Govcrninent of Intlin
Bill of 1919 where they recommended that the Governor should ;illocatc n
definite proportion of revenue t o the tracsfcrred subjects anJ ; i l ~ n tioii-
nite proportion of.bhc ’salance. I am cf opinion that 3Iinis:crs slionkl be
given an adequate ‘separate purse f o r the transfcrrcd subjects under tliclr
@arge. Certain sources of revenue ma)- be set apart for this purI)osc. A
qeGal -Financial Secretary as prodded by Devolution. Bulc 36 should UI;
kppointed to look after the Finance of the’ Trrinsferrrtl Departmcnts. if
this were done, the friction which is found t o ciist h t w c r n tlic: 1” 4 m:mw
Department acd the trarsfcrrrd t1cp:irtxnents in v;iriGus proviiicei viciiiItI
tend to disappear, and the 3Iinisters n-oulc! haw a fair cliancc of eiirryin;:
out their responsibility t o the Legislative Council b ~ – formulil!iny tlicir
schemes and putting them into action.
VI.-Attitude of the Governor and Oflicid Secretaries.
(a) l f r . Kelkar ant! JIr. Chitnavis. ez-Xinistcrs of thc Ccntrnl Pro-
vinces, seemed to have complained furiously of their Secrrtiiries’ iiniliw
privileges and of the Governor’s improper interference. In iny opinion tlu:
remedy f o r this depcnds more upon the personality oE tlic JIinister tliiin nii
alteration in the rulcs. In Cer?:nl 11-r had 1iartll:- xxy oce;ision tn iaoi;ipl.iin
of this. Here wc hiid not to w1rk Letwwu a (1uiniz;lti:ig (;civl.rnor :111(1 i ~ i :
obstructive officialdom. On tlie contrary, spen1rir.y for n i y ~ l f . 1 c:n sn>-
this, that no 3Licis:er or J!cni!)cr, as f n r a:; 1 know. ha(! t!~c ~ i i i \ ~ i i c r r c c t f .
working simuIt.nne;imIy n-itIi tlircc Fccrctarirs ;mil n Iarzc ni~.uil,rr c;f ;I~!&IZ
of departments, n-lio n’we ii!iifcrm!y and dcvctefily loyal tn him as the?
haie been to mc. I do cot rrwtm::cr cf even one soliiary in>!:;n[*c w1it.re
the Secretaries (!id r,ot f:tit!ifiill:: cn-opcrate and carry oiit my orders in the
administration of tlic irni1s.f~~rrwl ~ ~ . ~ J : ~ i – t I ? ? i ! r i t S . Y<e : I / < : > ri,c!!ivc-.! c v q :
sjmpathy afid consitlerntion fr:)rn the Cowrncr of tlic Pruvi~i<n.
1 endorse the yiex ho-.vxcr. :h;bt tl:c acln:.inistrii:ion of t1;p ir:1iisf,yrty1
Departments b~ the reprcxntr;!j\-:ls of I!!C PCGi?!:: 11,:s not p – t Iwen givcn i i
complete trial and in xq- opini:?: the next sii.:, \vhicli siioulll be taken t o
widen the constitution shodd Lc. in the dircction of making tile ministers bers of the Legislative Council.
&d all
21 5
independent of the control-of the Gorernor and OE making them rely for
the support of their policy and adminktradon entirely on the elected mem-
~.–Minirteris position with respect to reserved mbjects.
It has been said that he is not usually consulted regarding his view3
about the administration of these subjects. In Bengal His Excellency
Lord Lytton has set an example which may be emulated with advantage in
other provinces because here the Governor aforded erery facility for the
discussion of policy of the rescrxd subjccts ut joint meetings.of ministers,
and members of the executive ‘Council. It should ho.rwver be distinctly
understood that the ministers arc in no way responsible for the policy
of the reserved departments though a t the same time they should be freely
consulted in all mntters.
VnI.-Corrupt practices.
In the electoral rules, provision has been made against corrupt prxc-‘
tices. While if necessary, steps shonld be talren to make the rules still
more stringent against what are really corrupt practices, they should be
relaxed so as t o enable candidates to conduct their election without haring
to resort to subterfuges for evading the rules. A candidate for instancc,
is not allowed to use hired conveyances or even. t o supply rcfreshments.
This ,should not come under the category of corrupt practices.
Corrupt practices have also crcpt into our Councils. If there are
representatives of the people who stood so !OW as to sacrifice .their
pritlciplk and convictions f o r a considcration, Government mould be
lscking in their duty if adequate provisions against such delinquencies
are not adopted. Stricter rules regulating the conduct of our legislaton
ahodd be framed.
IS.-Electoral Rules.
( a ] In the Electoral Rules it is laid down that an illitcratc voter is
to whisper to’the polling officer the name of a particular candidate or can-
didates for whom he wishes to vote. Having regard to the lqrge number
of polling officers that have t o be employed, it often becomes necessary to
emploc suS-Re<.=isirars &d even Marriage Registrars t o perfom the fune.
tion of poi!ini oKcera. It has come to my knowledge from very reliable
sources th;t in rsnny instances -in the last election, some of these OECCA
were guilty of improper conduct, inasmuch as they sided wifi one o r otter
candidate and put cross marks agaimt the names of candidates other than
those f o r whom the particular voters desired to vote. Thc ballotting agency
should be radically improved and some other system of rccording be intro-
duced which will render such malpractices difficult.
(a) Inamany instances polling was timed to begin at 10 o’&&
v o w Kern reqnired to be within the polling enclbsure by 3 .P.x. The
habit in the m o f d for villagers is to take their day meal at cne o’&ck,
and in c a w where voters had t o come t o the polling booths from a distance
of 10 Or 12 d e S , they Often reached after 4 o‘clock, with the result that
their votry C O d d not..be recorded. I would, therefore suggest that tho
be extended to at least 6 P.M. e g h o w 216
(c) Moslcm Toters are particular in saying their lamu us. The assnr
praflrs hare-got to be said between the hours of 3 to 5 P.M. and maphrab
(evening) prayers in winter a t about 5 P.N. and in summer a t about 7 P.X.
Provision should be made in the case of those electors, who have once
entered the polling staticn, so that nhen they have finished their prayers,
they may again enter the polling enclusure and record their votes. It
hlls.often been brought to my notice that for want of these facilities during
the last election thousands of Noslem voters who had entered the polling
enclosures, and had gcne out to say their prayers, were not allowed t o
re-enter the enclosures, with the result that their votcs Fere not recorded.
X.-Jurisdiction of the High Cow?.
Section 110 of the Government of India Act should be nnended, so
as to exempt tlie Presidert of thc Council from the criginal’judicial juris-
diction of the High Coiirt for anything ruled. advised o r done i n his pub-
lic capacity. This will strengthen his hands in frustrating the dcsiyns of
those who have entered the Council with thc avoxred object of wreckkg it.
From the recent happenings in Bengal, the need f o r exempting the Presi-
dent will be appnicnt.
XI.-President of the Governor ‘ 8 Council.
Under section ’12C of the Government of India Act, after the espira-,
tion of four years from the first meding Qf tho Coiineil uqder’the fie, the.’
President k i l l he a mrmbci of the COuncil eiected by the Council and
approved by 11,- Excellency the Governor.
This provision would obviously furnish the ohtructior?kts with snothrr
handle for creating a deadlock, as they may elrct h’ l’re\ident Tho may not
be a desirable person and whom the Governor may not approve, but who
may even aftcr the Governor’s disapproval be reelected by nn obstruc-
tionist majority. In view of this, as well as in view of the fact that Indinn
politicians are not vet rrcll seasoned i n pnrliamcnt.iry procedure and usagcs
and may utilise the povier of the Speaker for their political ends, i t is
desirable to extend the period of four years mcntioncd in sub-section (1)
of Section 72C by another four years, so as to make the grant of the privi-
lege of election of President coincide with tlie ncxt $ncr in thc progrcssirc
realisation of responsible government at thc end of the first statutory
period.
SIMLA ;
8th October 199 218
they found themselres unable to accept them. Vnder the Rules, the Sccre-
ttlry would the11 tabe the c s e . t o the G p c r n o r who would decide t h e
question giving such weight 0s he liked to the advice of the RIinisters.
It came tp this, while the BIinistcn mas responsible to the Legislative
Council for his n?ministration i t vas the Govcrnor who had the final de-
cision of almost 011 qiicstions though lie W F I ~ S little i n touch with the
Council. Tllis in practice proTed an obviously unfair and untenable
arrangement ond it dcpcndcd on the personal discretion of each Gorernor
how much liberty of action he allorred to a qm:icular BIinistcr and what
weight he attached to the opinion of thc C’ounril. In consequence of section
52 ( 3 ) and tllp riilcs of similar import and the practice that has been
follolved in Bengal, it became more and more a difficult task for the Mix-
ister to carry out any policy i n accordance with the wishes of the legis-
Iuturc.
The nest soiirce of our difficulty w.as the financial position crcnted by
the Meston settlcmcnt and the absence of n Separate purse. It is not neccs-
sary to aw41 on the injustice of :tIeston Award f o r strong representations
have been made more than once on the subject to the Government of India
and this is onc matter in which politicians of all shades of opinions in
Bcngal are mliolly in agreement with the local Government. The Govern-
ment of India refused to right this serious wrong to Uengal and driven to
a corner we succerdcd by enormous efforts to induce the Council to pass
acts f o r raising additional rerenues so that we ruiciit iind some money for
the vital activities of our dcparrmcntS’ nliirh h:iG .hitherto been starved
Rnd wdrc in a most elementary s t a t e of derelopincnt. Nevertheless, the.re-
sources of these depnrtments fly still .wGLLI’uII~ inatl?iquate. while the people
are in R state of chronic! helpless porcrty tliie mainly to lack of ‘nEriculturg1
and industrial development. It is needless for me tn point out that if tho
masses and the midge class haw to be kept to tlic side of law and order,
developments i n Apricultural or Industrial directions for bettering their
condition is of paramount necessity. This w3s not possible for thc JIin-
istcrs to do as the resources a t their disposal n-erc meacre and though I
did my level best to cet on. Finance ncpartment stood i n the may and
starved my earnest efforts by orcrfcetling the Rcscrvcd Departments i n
many cases ; without more finnncinl p o w r s o r crcatcr independence of
artion, BIinisters arc not li!tely to be e r w popular ; the ncccssitp of a .Joint
Financial Sccretzry aiid a dirkion of Finances into Ti~sen-cd and Trar.s-
ferred hrnds cannot be c s a ~ ~ e r a t e d . The rayaces of X h l x i a and Kala-
m a r threaten to depopulate the province of which 90 per cent. of tho
populaticn arc rrithout any education.
Nor were thc 3lir:isters satisfied y i t h the attitiidc and prcccdnre of
the finmi-e department. That dcpartmrnt q p t l y hnmpercd thc trans-
ferred dcpartmrriis by rontririnn in varioiis w n p t o cwrcisc control o w r
the schrmcs prrparctl hy t l i p 3li.Ristcrs and in the grrnnthlr t h l t tool; !,!are
at the joint mcctincs i:-hcn the Budzet was ccttlpd the Ministers dr:~Vs
carried array en unplraennt fceling tlxit it w’ns imponsi1)lc to assess the
comparntivc w l i i r ~ of the I?::’nrroi!s p,rpjects of r h r CiiiTu r c n t tlcpnrtmrvfs
o n the rpscrwc! sidc eonip-tinp for ;i!ktzxnis. T:lc.:.* had t o be dontrnt
with wEnt t h y gnt. It is not the !can and 11I:nlrry dog but the
pampercd p~odle that gets the meat. A scparatc purse is nn absolute
necewty.
Onr? of tl;c! worst dificriltirs x r bnaJ t o cpntcnd with in o11r relations
t o thp pci)ple’s reprrsrnrafiv-a in tk,. iTniinpil wzs tpLe may ttlat me pot,
mixed UP x i t h quest-ivrs :rising ix the rL,:crrez dcpartmenls. I do not not capable of
pre-
219
wish to lay the blame f o r this at the door of anyone. The fact tbnt tho
Blinisters were responsible to the Legislative Council, while the membem
in charge of the reserved departments werc responsible to the British
Parliament, mas not fully borue i n mind by any of the parties concerned
and the ready availability of the official and nominated votes largely con-
tributed to the confusion. This confusion reached its mnrimum with the
increased habit to hold joint meetings of the two halves of the Oovern-
merit. The public received the impression that i n all matters of policy of
the reserved departments: the J h i s t e r s were equally responsible ,with tho
Governor i n Council while in fact they had no opportunity of acquainting
themselves with the administration of the reserved departments and there
was no guarantee that they would be consulted and if consulted, their
opinion ~yould be accepted ou any particular question appcrtaiiiixl!: to those
departments. Further, oncc a n inil)ortaxit step had been taken I)y tho
Goycrnment in a reserved depiirtxent, it became aliuost impossible for
the Jlinisters i n these circumstauces not to support it i n tho Council. –
If the intentions of tlie framers of the Government of India Act that
t h e representatives of tlie peop!c wcrc to administer the transferred
subjects and that they should have no effective control over the reserycd
subjects were faithfully cixricd out, i r e mou!rl have Leexi to-daj- in a bcttcr
position to say how f a r the Legislarive Council was or XIS
disrha~$:.cg that responsii)ilitj- which t l x E’3rliamcnt h;id dcfinitcly dc-
volved on them. It is also possible that the Sw-arnjist t;ictics \!o!.ild not
hare met with the success t h y did in Bcnqal if t h y did not ~ c t rhc.ch;incc
which the miring up of responsibilities Rave tlmli. The 8x.irijistr
carce into’ the Council with the avoived object of forcing ‘tlie.. !:anc!s vf
the Brlti h-people to concede a t once, full provincial autonony n;id : Iioiig1.t
they ~ ~ ~ i ~ l L 1 secure their object if they brought abcut a deadlock by means
of the processes which the Government of India Act supplied. Thcy rc-
fused ia’scccpt office in the present reginii. bemuse thcr had gircn n pledge
to their electors and the c o n p s s to tlwt cEect. Ciit. supposics t b q – had
nc–Ftcd the o f c r of the Gol-erim without honestly giving up tlwir pur-
pow to .meek the present constitution it \vnuld have bceri ncccssary bo
effecti-xly to separate the two halves of thc Govcrnmcnt as to m;dx thcm
porrerless to do any substantial harm to the adniini,t.r;tiinn of 1 : t ~ m111
order and we would have tlxn kilown how the .reprcscnt;!ti\cs of tlic
people i n the Legislative Council achninistered the trmsfcrrcd subjecta.
P;rct.; bornever, the largest party in the Coiiucil r c f u c d to accept oiiice,
heilq bent on ohstruetion pure ni:d sin;plc, the Governor tricc! the experi-
ment of running tlie trmsic:m=tl dqmrtments with t1:c hclp of >[inistern
who had ta rely Upon the official and nominated v(JtPS Kith siich elected
vntw as they conld scrape togetlicr ;is ~ h t y went along. S o one c u i say that
thc experiment has satisfic.d r?nyor.c including the 3tinist er: thumseIves. Tho
fir:,c.taele-of Ministers rit.lio*it a mnjnritj- in :hc Cniincil n-hich d o n e r v o i ~ l [ l
enZ!:le them to assert their niithority inis-n-iris t!ir Governor and th- pcr-
m.?nent officials and a t the jniiit mwtir,Fs of the C;orerprnent and holdinc
t l i p i r O f f i x for sel-era1 rnont!i.; witl::>:!t :iny .:;i!?ry Kith-1 I n r y yiiqilwr of
theiy officials undcr notice of (Iismi?::nl is mbst Ecedik,-iEz. such a situa-
tion i!: Qbviously fraught with mischief.
If at the next session of t h e Council, the Government is
dpfmted over the Minister’s s a l q – , the Ministers will hare to resign and
d l the chances are that no ministry with a stabler posit.ion than
~ I Z one can be formed and the same course nxp- t o be ;idl)l.:m! !icre ds in the Central Pro~nces. Even if the Ministry is saved b y 68y 3 or 4
votes, ‘it could not be desirable t o prop up the Jliniaterv m i n l y with official
and nominated vot.cs and I should doubt if the Millisters who have so gd-
lantly fought for their position mould care to continue any longer i n office
m those circumstaims. The best course would be t o dissolve the Council
but only after amending some of the glaring anomalies in the franchise of
B e n d which in my opinion, if wc dive below the surface of things, arc
more responsible for the unsatisfactxq position i n this Province than any-
thing else. Unless the franchise be aiucndcd on the lines I am suggesting,
the same situation will be rcpcatcd i n an aggravated form.
Communal franchise is in tlie circumstances of India rightly recugniscd
BS a necessity and I should b!ie to impress upon English statesmen the f;ict
that the I I i i d n s and i\Iuhammad;rns not mcrelp by their religioxis hiit
by their respeetire histories, trazitions and cdtures, their personal l a ~ s ,
social customs and nsnges which haye g.lT:cn tlie tKo eolnliiuniLies such
widely different oiitlooks on life with no common social fie<. r.ymp.itlii?s
cr ameziities, are .in fact two distinct pccples and tlicy so regar1 tkrx::-
d y e s though t1iey.haT.x lircd in tke same coiintrc for c2ii:uricv m d in spiio
oE the efforts of most oE the great Noghul Eulcrs tcj bring about a fusioc.
I lay no stress on the comniuiid ou?breaks due to the Intmt fcrccs of hcstistg
in certain sectioiis of the two commcnitics. S o r it is in? iiitciiiioli i l l sug-
gest that becrrusc of t!:o cxistcncv of these. t x o dkIinct commini~ks.. it .is
not. possible t o work ‘a spstcrn cf rcspiisiblc se!f-goi-eruxi?c.rlt. . W i n t I
m&n is that if rppmisihlc (:orernmcrit in hi:-iix is ;mctii:~iilc’;7t!ic.=:.i:cl.’
t!!is fact, though it may atld t o the di5culty siioii!tI nc:t FUIC i t i)ili. 1.f the
conflicting intcrcst:; of 13nd14 nrisincxcy and those-of Cap;tni mc? 1:Li;tiiir
coulcl i i v e risc to grcat poii: ical parties in Englnntl. I<iir:inc : i d -~.iwrit~.i
and these parties while in fset rcpr?wcting sharply liivitlctl i~.lu::t~s r : x i i i
work together f o r t h c p~! of their wiiiiiioii cciintrj- ? x h t ~ ~ i i ! ~ ~ h i t ~ i ! c i r r
its t u r n to the poiitiid x i 4 ~ i h ‘ n f thc !:?!ion, I do not find it diCiLiilt 😮
cocccirc that the reprweiitnt ires of ihe IIindus and ihc ~ I i ~ ~ ~ ~ : ~ ~ i ~ with thcir distiiictire genius and outlook in lifc sliould by mutu-! ;.I iniii1:i-
tion R i t h . thcir eoiripdinr idea13 by mmpromisc whore neccssnry :irJ l;?
that RCiiSe of iairitess and justice which even if iict strong iniii:!.i:y is
is
li!;cly to be promoted under t!ic presnre of public di.scii?sion :XI(! t-ri:i-
cni:.m shcuki similcrly work for the adrcocernert of this countn.. E;it it
ia nrccssaiy that each cururnunity shouitl be riven a fair chance. If o:!c
coniminity, fcr imtancc, snpplird tlic economic prudence and calcul&xi
i i e e t i ~ ? for stability, legal aciinien and power of debate the other CWY-
rniinity miyhht cmtribiitc bnldriess of cowcption mrl d c s i p . a trill>- iiI)pr:d
arid dcmocrat.ic sympathy x 3 a g r m e r Yigour and strrn$h in the d m i –
nistrntion. An ac:qiiate .re;)re.xntntion of thc ErlioIjealls in .’!;-n:nl
equally essential for nyi purpose. Quirt. apart irrm t)le qi:cstj!in of
Iirotection of thcir intcreats-I mnnt. inc1cc.d to miriiinise’ fijihtiny fur
class interests as filr as possible-their presmcc! in the Cuuncil will
be very valuable, for they will snpply the moderu business methods. II
greater sense of rnoderaticn and fair play, a n ex-cricnce of the Iilrgcr rrnr!d
conditions and a hcrter nppreciiitioii of the ccoiiomic forces m d the trciid
of events genernliy i n Europe. all of which arc necesary if w e a r e t o avoid
pitfalls and tide over many difficnltius that beset all rcpreseutatiw i u t i t u –
tions.
Commi~nnl represent:!tinn hcinrr recnnnisect a$ a ncrcssity, the prass
injus?ice that. ha3 IIWI tloiir to t h r Jiiiharnrnatlnlls of Bcngal by de5;litcIy
=sis:ing thcni to tlic L)o.-iiion of a minority in t k c Cuunci! lvhilc. the form pplthout the appronl of the Ministers. The Bengal Electoral
Rules ahodd be amended in accordance with the above sugges-
tiOIlS.
(2) Section 72 (c) &odd be so amended that the President of the
Legislatiye Council shall for the Life of two next Councils be
a person appointcd by the Governor. This is essential in
view of the conditions in Bengal.
( 3 ) The Meston Award and the Devolution Rules should be modi-
fied in such a way as to make the duty on jute as well as the
income t a s on incomes derived from the different sources in
Ben!$ available for the provincial revenues.
(4) The High Coiirt must be placed under tbe control of the pro-
vincial Government and thc Ben@ Civil Courts Act should
be so amendcd as to vest in the Bcngal Government the power
to recruit officers for thc provincial judicial service.
(5) Land Acquisition and Industrial matters mentioned under
heads A, B, C, D & G of Rule 26 of Part I1 of Schedule I
of the Devolution Rules should be subject to Icgislation by
the piovincial legislature.
(6) Rule 15 of the Devolution Rules should be so modified as to
make the,local Govcmment independent o€ the Secretary of
State in Council regards appointment of the Indian
Npdical Servyce Oficers in the Civil Department of Bc11gnl. 223
to the
ment ;
(i) the maximum cost of which was less than R:. 5,000 ;
.(ii) schemes costing more than Rs. 5,900 ; and
(iii) schemes whici had not been approved by Covornment.
1 mad*
h c e D e p w e n t about the qutstion oi allowing them to remain
t. The firshdition of tho bud@, thtrcfnrc, contained provision I
esprsditure as well as for ncw approvcd and un-approvr:d
schemes @hi,@ the Fiasnce Department had allowed to stand in the budget
Memokandum by Mr. A. =am, Financial Sem-
Government of Bengal.
1. From the published accounts of the evidence given befoy the Refom
EnquiryCommittee it appears that certain witnesses have rnslntained that
under thepeforma Constitution the Finance Department have too great
powers and have been obstructive, especially to thb schtmes of the Transferred
Departments under Ministers. The Government of B e q d desire to correct
thi~ impression, at any tate as far aa Bengal is concerned.
!2.’The impression has apparently been conveytd that under the Reforms
Constitution the Finance Department have much greater powers than they
had in pre-Reform days. This is not the case. Under the old system bud-
getting officers, in framing their budget estimates, used to include d new
aehemes, whether sanctioned or not sanctioned, which they proposed to intro-
duce in the ensuing budget. Along with thcse budget mtimates thme sets of
Bchedulee were submitted, containing new schemes approved by Govern-
tive JYepaitments concernbd examincd the urgency and
*of the new schemes proposed by the Hclrtfs of Departments and
e. a mccting d the 8ec-
a3 presided over by the
ribution of the unallotted
on these rccommendations
itteu of the Legislat~va
mmittce wcro then consi-
esented t3 the Council. – ..
i;~!-;?
224
4:-t’der the Reforms Cbvemment, in the first plnce, the Financo Depart-
nitnt have lost t.he power last mentioned. They have no power nompo trsnsfer
any vot.ed monoy from one major head (which in Bmgal is equivalent t o a de-
mand) to &other major head, without the sanction of the Ltgisistive Council.
In the aecond pIace, the position and powers of the Finance Department are COW
definitely regulated by rules. Rules 36 et se7. of the Devolution Rules lay
down the powers of the Finance Dcpartmmt. One of the most important of
these rider is Rule 37 (9) (iai) under Fhich " it (the Finance Departmect) shall
examine and advise on all schemes of uem expenditure for which i t is proposed
t o make provision in thoestimateu, nnci shall decline t o provide in thd tatinlate3
for any schemc which has not been so examined."
It is to be noted t,hat this rnle is mandatory acd not permissive. It is
this rule which othcr departments, acd espwially the Transfcrred Deiiart-
ments, have a;.pxrutip found di15cult t o undersrnnd or to folhw. It is ?JC-
must t,he Finance Departmeut in Ben+ i n thi? I:tqt, two pears hzve tried to
follow this rule strictly that they h a t c tjtctn said to be obstrucriw.
The rule as it stands appears t o be qiiitc c!e:ir. ii-!ien a Dyxrtmrint
has drawn up a scheme of ne\~c.\pendiiii~c, wIiic!i ii. wialies t o introtlucc i:iio
the ensuing biirtget, thi: schcrn(1 1n;ist Le tlioroagti!y esan1ir.d first by thl: .\ti-
ministratirk Deprtrnent niid thrn sent in good time to the Finaiirc Dqur:,-
mrnt for esamin:hoxi. If ihp sciivinn: L::s hren p p e r l y ‘ ~ ~ ~ p r d u i 1 ic i n
ort1r.r the Finiincc Ce1;nrtmt:nt h:ivi! now 1 1 ~ 1 :hc pov\.er L, iiiri: it t!!jFr:.
must wcr.pt such a sclic:mc f o r thL st.iicdulcs of t h a new butiyt;t xutl riic n it
\i-ould he for Govcrnnicnt, whvn rcmii!ering Schi:dulc.s. to s;ry nncr.irr pi rii i-
‘ sion should bc 111nde ixi t,llt: ‘kurlget estimates for that p G . l i l x s(.!I!;I:I(:
or Lot.
5. I n order to n r r i r t n t n d d i i i i o proyrnmme of work. T T i j E-tcr!li~n~->-
J,c.rd 1 pan; sonn ;*fic.r I](: ti-.ol; o-:cr thc rciris of oiliv?, :t.>l:t:il
t i n nl;rc:amry t o c:lrr,-; tit th:i- I’di.:;:.
i*;it h i ! r . y . : s –
mmt tu drnw up :I l i n of poliry alwg whirh thc del;:iriii?p!l+ x d t i Iic de-;t*lf,p-
ed : to h a w t t i u i p l i c y tli.cu.-:-cJ and finzlly ncrc 1 , r d ?Jp (:oYmini(.zt. TI,:
iieststcpww!d hn\-c i)t.vn to irsnu n propinin-t: ni;:.h.m~sr.i wr; ex?cnt!i-
prtnients. thc worl; ( i f t hc Finaiiw I)i:partrnrr!t, i l ; PS;II!:I!II!::: .ic.’r~-m.::: i;i!tit-r
!f t h i s Lnd h 8 . 1 1 r! ,nt. b y :,ii b i t . – . .
Rule 37 (1;) (iii! of tlic Dc\.olutioii 1iu1t.s, \voc!d :!it\ v ? 1 :’:I gIwt1;; iiv!it:i:t ti
as, tile poiicy already 1l:i~;ng 1! Ln dcs!m!iiaei, n l l i ;,.it t ha- l;iii:.t!rc Lh,!!::rt.-.
nient would have had t o do \\.:ls to wr that th:li ;urtic!iIxr ,GchLiiit? **.a: in
accordmce with thc rclicy. Tlin only depnrt,nic:iits I!;.LL have t o my +imt
carried out His Excrl1cr;cy’s wishes in this iilattLr X!-C –
(a,) the pdice Delmtliiexit with :heir C’.ilcui :L h;usilig scI1::lilc: ; and
(b) thc Education Dcpnrtinc~nt ISjth t!i*:ii siiicilicJ for P a d i – y a t i
Union and Biss Priniary &hook..
K i t h rognrd to both thew items the expe:it-rvia ,-,f t ! i ~ Fi:inr.Pc Dep:iytcit,rk
IIZS bwn that, since those progr:mxiics have hecn !A! rlitnn. it has b . w ~ i – c y
much simpler for them to esaniine srhemei cnnyiiig out tLcY,? propn!mts.
6. I t 1135 ‘JCCT a y p x n t l y stntcd to rLe C’c:nini;ttc> that vC5tn t h e Fin:ixe
Deprtnicnt u\-erxxIt:s c i \li;.i:y:cr ii!e \liLiG?cr iix; no rercldr-. TI& is not !h:?
w e in Eergsl. If a Tr;rnsferrcd L)Ppx:n;u.x \;.~L!XCK tidiing t.ke UTdeiJ d 226
the 3finistur sends a caw to tho Finance Department.and the Finance Depart-
Aent -turns it down,’ the Minister in kharge of that. department can always
tske the case to the FininCee’Memb6r and if he geta’no satisfaction h m him
he bas always the power of taking it to His Excellency. In the same way
if the Finance Membor turna down a case on which the M i t e r in charge of
a Department has noted, that Knister can always take the case to His Ex-
cellency. Rules 15 (3L 27(3), 31,36,37 and 38(3) of tho Oovcrnment of Bengnl
Rules of Business provide for the different cases in which the orders of the
Governor may be taken in c a w o! diflerenccs of opinion between Member and
Mehber or Membm and Minishr.
, ‘ 7. ‘Finally, the financial stringency in Bengal has nxcsssndy imposed.
a duty on the Finance Department of bcing vory careful indecd as to the ad-
miMion of new expepditure in the budget, and uzidoiibted;; tLi9 :inn giveu
to a certain amount of grumbhg amongst t.hd diff~rbnt departments,
kpcinlly the Transfurred Departments, beciuse t h y were not giwn zn op:
portunity of developing their larger schemcs of c.upandit.ure. If ampin fiinc’s
Finance Department.
had been availablt, probably we stould have had no complaints sgaimt the
A. 3LU1R. The 21st Ociokr 1924. e2fJ
kunarsndam of the -‘Centd "Bdrmnis . tration Earopean
desoaiation. Calcutta.
1. The khhpean h i a t i o n is
political prog-
inferested in the peaceful
of India since as it recently stated in a letter to tho
kretary ‘of State for lndia " The Indian Umpire of today is a joint
British-lndian undertaking to which the British have supplied the vmtiy
larger part-of the initiative, eficiency, work and finance necessary for
bringing t&e Empire to its pfment point of development.’.’
2. Throughout the h o c i a t i o n has been one of the foremost critics
of the Montford-lieforms, though since the introduction of the Governmelit
of India Act they have loyally shown that co-operation which is the very
essence of the Act and without which even partial success is impossible.
.
3. The association is, however, unable to view the system of Govern-
ment as introduced by the Reforms iw other than erpcrimentai and has
held that the first transitional period of ten years as lajd down by the
Government of India Act should not be shortened since. the time thus
allotted for review of the system was not too gcuerous to ensure m cffi-
cient test of the new machinery. The h c i a t i o n holds that this opinion
has been amply justilicd by the change which his been introduced in the
political situation since the last general ciection by the decision of thu
elected majority ‘in some provincev to refuse constitutional responsibility
nnder the Govemcnt of h d i a Act.
4 The.&& pdriod.of.3 years proved, in the opinion of this Association:
that the .system ot governnieot introclu~!Qy ,&he.. GovwnmCnt 6€ lndia
Act lies ‘on the clcctoral basis ‘provided by. rules ma&. wider petions fi 4,
. – b u t that the ICc:’orn~s providcu w o l ~ iur dc\ elopfncut ou constitutiumL
lines givcn a spirit of true co-operation.
5. This. brings the h\oci:iiion to its Cmt criticismsf the Government
oFIndia Act. It was prcyiircd I)y its authors in thc full cspcctation of
co-operation.
Without that esential i t cannot function as a representative form of
go\-ernmcnt. C’o-oprrution in our opinion postu1a:cs n dcsire on tho
part of Indians to w r ! i with t4e British Esccutive during thc transitional
period. That drgrcc of co-oL)critl i m has not Iiecii l’or:heoming csccpt
from the Moderates, a d wc do J:Ot bclicve tkit the i n d h h i i r a j party–
if it is willing t o work with Europeans at all-1s willing to work with
them on any basis othcr than that of complctc subordination of the
European Esccutivc to themselves. This condition is not acceptable 10
those whose chicf interest is a dcsirc for stalrle government, nor to Govern-
ment servants, thc security of whose position can only be assured by the
Secretary of State.
6. Our second criticism of the wnrkinc nf the Government of India
Act lies on the clectoral basis provided by ru!es made under sections 61,
728 and 1298. In our opinion experience of the working of the rulrr
80 mcdc has. in so far as thc Indians are concerned, rcsiilted in n concentrrr-
tion of political power in onc section of the community at the elpenee of
. the intercsts of true represrntation tlins confirming non-official European
opinion voiced when the licfoms wcre discussed and which the Governucnt -‘*dim
L&.%&r&entat
227
of India thought morthg of record in paragraph 4 of its first despatch on
Indian Constitutional Keforms dated J I a d l 5th 1919.
7. Further the expcricnrc so f a r avai1nl)le show that the elcetornte
are lamentably lacking in politicd sense and show little, if any, apprecia-
tion of tile responsibilities which the franchisc has conferred on thcm.
It appears to us that the frnchise has been unduly estended wid
that traininC in, the duties and rrsponsiliilities attaching , t o the vot::
should for thc majority of the population have heen confined to the
sphere of local scIf-Governmcnt diirinl: .the first transition31 period. In
our opinion an espcriment an the-e lines would have had far more hopc
of SUCCes nnd \t-ould haw suitcd the gcopaphieal limitations of the
vast majority of the peoples of Indiii. I n thcsc sphcrcs there would have
been some hope of the elcciorntes rcalising the direct el’fect arising from
the misuse of their porrCr t O w3te.
8. Our tiiird criticism is aFainst the application of the system of
divided responsibility known as dyarchy.
It appears to us that in effect the Act tines not confer on the Councils
in a s a c i c n t l y practical manner responsibility for those departments
which it WBS the intention of the Act t o transfer to their control whilst it affords them considerable power with regard to rcservcd subjects for
which the Legislature has no responsibility.
9: Finally y e consider that a serious error has been made in tho
d&ylopment of the Cenirnl Lc=islatnrc prior to tlie ‘establishment of the
w % t , : B q i n c i a 1 Legislatures can work sirtisfactorily.
‘9\Tc:haoe previously stated that the pcoemphical limitations of the
make it desirable a t present to.confine his association with the
"@veimrn*t Of the .country to geographical spheres of v;hich he has some
(thoukh even-then limited) knorrledgc. ;and it appears to 11s from the
preamble ef the Government of 1ndin.Act that this n-x tlie main intcn-
tion of the framers of the Scheme of Ccforms upon which the Government
of..India Act wai based.
. In our opinion the association nf Tiidinns xith the Gowmment of
India Fith the exception possi1)ly of tltc Esecutire shoul~l hare been
mxjnly’ in an ‘advisory capacity pending thc development of rcsponsibla
qovernment in the i’rovinces.
10. To sum up the views whirh we have stated thus fiir :-
find the Government of India Act relies f o r its represent a t’ ive
spirit of co-operation which is either largely inactive or non-
find the electoratc which has been constitutrd is small, largely
ed, SO far pmctically devoid of political scnce. and intensely
be sma;ved by irreqpoiisible agitation. The rcxi:!t. 112s been to
tiate political p o w r in tho hnntls o f a <m;ill hncly of mcn w!:o
+:A .. . ly put forward no constr~.irtiw pnii"y anu tlo nfrt represent the
~ T ~ W S of.the majority. Such a system is in our opinion the very negation
ive Governmer, t .
c provisions as t o t!ie clirision of responsibility are
Act failinq t o affis t o the Cnnncils responsibility for
hich it was the intrntion of tlic Act to transfer to
they hare been given power without rpsponsibility in f). -We find 6nalIy that the Act has neglected the development of
powers of self-government in tllbse:, spheres WhGh very closely affect th3
. h d has tmduly accelerated. a system of reyrcsent&tion in rho
Central Government prior to satisfactory proof of the experiment in thc
rn-
p r o v h .
11.. The terms of reference of your Committee appear to us to afford
considerable opportunity for thc adjustment of some of the points which
we have criticised above.
Before discussing in detail recommendations which we suggest might
improve-the working of the Governmcnt of India Act, we desire to em-
phtlsise the democratic nature of our criticisms and recommehdatiom.
it is known in the West is not Whilst realising that dcmocracy
practical for India at prcscnt, and whilst full of doubt as to the possihi-
lity of securing fully representative legislatures by any electoral systciii
our proposals for a trucr representation of thc peoples of Inciia are based
on essentially democratic principles. .. Thc. reoent . utterances of certain
depresed classes Associations and our knowledge of the caste systcin
strengthen us in putting forward such views.
12. Tha Association doubts the possibility of .producing by alter n 1′ ion
of the rules that vital spirit of co-operation upon which the present
Reforms are bascd. The Preamble of the Act lays down that Parlismeiit
w i l l be guided by the co-operation, received from thuse on whom ncw
opportuiitieu of"service will he conferred and by the extent to which it
is found that confidence can be reposed in theif .sense of responsibility.
Were. responsible authorities to abide strictly by the. .-principles therhi
enunciated and to refuse to 1isten-to.thc rcpresentations of any othcr91i:in
those who had. offered co-operation-and in this term we (lo not include
those whd have entered the Councils and thc Assembly with t4e definite
intention o_f,-wrecliing thcm-a fuller measure .of co-operation slight Iie
secured. ? u t this policy nccds to be mndc clear by a definite declaration
by His BhJesty’s Government.
13. Readjustmcnt of the electoral system framed under sections 64,
726 and 1298 of the Government of India Act-might gain a trucr re-
presentation of Indians in the government of the country, where direct
election for constituencies in which only a small proportion of thc popula-
.tion is enfranchised under prcsent qualifications restricted. to village
pmchayats, District Boards and Municipalities, ‘and indirect elcctiou
introduced for the Provincial Councils and Assembly.
This method which was formerly in force to a certain extent would
tend to bring home to the electorate the responsibility of the franchise
‘and would offer a definite connection between the people and the legis-
latures. We must add, however, that although such an amendment would
improve the chances of the Act functioning as intended, we have no confi-
dence that in the present circumstances any general system other t h m
nomination by responsible bodies can ensure a ‘ truly representative legis
lature.
14. With regard to Europdnn representation,.we strongly press for the
direct representation of European Commerce and Industry in the Legis-
lative, Assembly, but are equally strongly averse to this being provided
at,;% expense of the General constituency.
,-: ..There are minor faults .in’ the electoral rules which have hampered
Enropeam in the selection- of suitable represcntativcs. We refer to the
difficulties attendant on nomfnation during the absence of some suitable ;md
-at.
229
canadate from India. on leave, nnd to the limitation in selection rcrult-
h g from the six month residentiql qualification.
We Uder$and that the difficu!ties arising in connection with nomina.
.don -can be overcome by the usc of a power of attorney, and me woiiliL
a m ‘ t h a t an All India residential qualific:Ltion, which shoukl not be agecterl
by. temporary letire ,of absence from India be generally adopted f11r
European representatlYes.
15. Generally it appears to US that t.lie rccmnposition of the Legis-
lature on some such buis as that suggested wouM se-urc trucr representa-
tion of the peoples of India and might add to thc general sense of responsi-
bztg of the House and ive hope lead LO B greater spirit of co-operation.
1.6. It would appear to us advisable that in the councils no discuy-
mion should take place on rcservcd subjects without specid permission
improvemeiit in t lit! adiiiiiiis~ ration of trmsferrcd subjccts
be possible by some adjustment of Budget procedure.
q&fwe realke that this point will form one of the main criticisms of
~ m y br&an~, and, whilst hoping that some practical scheme to remedy
-!defect may be forthcoming, consider it essential that safcguards should
beiprovided against any undue taxiition of minorities.
Government is either desirous of gaining
prepared to accept-the decision of the
‘*ht
, –
~ ? . ~ i ~ d y we come to the question of the Legislature in the Central
can
then to ref
a’ be nore , p t i s f a c t o r y .* act on the
than
opinion
to invite
resulting
discussion
from that
on some
discmion.
subject. and
We
Towers to discuss subjects which are reserwd. Nothing in our opinion
.. .We feel strongly the inadvisability of granting the Assembly
should only be given permission to disciw
those anbjecta pa ,y&i&:the
&&xa.mrnd%&&he&sembly
period authorised
e m e r t .
-Parliament his laid down dednitely the standard by which it will
rogress in this direction and any sug-

19. In concIoaidn w e deprecate, prior to t h e h i r y of the transitional
the Act,ilmy amendments to the Act which may
hdce the appen-ce of tmbktituting Indian opposition for Iildian co-
eperation a tta*’kriterion of fitness for advances towards responsible gov-
ard will but produce permanent insta-
g that anything can be obtained by
Vacillation’ in regard to the spirit of
attention from constructive legislation
constitution and mill bring dismay to
to work towards the common goal of
d that in adopting Indian co-opemtion ,= o the intentions of Parliament.
Parliament adopted tlie only safel
Empire and for the ultimate peace 230
Dlezcorandum of the Bengal Chamber of Comnerce,
Calcutta.
I letter n3. 2038-1924, dated Royal Exchange, Calcutta, the 4th August
1921.
Frjin-Thc Secrctarr, Bengal Chambcr of Commerce,
To-The Secrctary, Reforms Enquiry Committee.
The Corr-niittee of the Rengal Chamber of Commerce harc obserred
from thc Home Department’s resolution no. F. 166-11-1924, dated 20th
Jilne 1924, that the Eeforms Enquiry Committee are prepared to considcr

written, evidence on the subject of its investigations.
-2. Accorrling to thc terms of the resolut.ion the Committee wiil enquire
into any diff1ciilties or defects arising from, or inherent in, the working
of the Gorernirient of India Act, and the rules under it ; and they will
likewise invpstlrate. the feasibility and the desirability of removing such
difficulties or defects. With questions such as these the Bengal Chamber
of Commerce, bein? essentially a commercial organisstion, is not parti-
cularly well qualified to deal. It is admittedly in close touch with the
central Goveniment, and with the pro\-incial Governmcnt, through its
representative on the Council of State, ‘and its representatircs on the
Bengal Legislative Council. But it is not so placed as. to enable it to
point to partitular .difficulties or defects in the .worlring: bf a Compljoated
constitutional lam such as the Uovernment of ,India Act.-’gt the same
time the members of the Chamlntr h ; i x always taken, and they skillkpn-
tinue to take. n keen- interest in the new systcm of administfation which
mas introduced hy ;the revision of thc Act in 1‘319. The Committee of
the Chamber fuel ‘therefore that although they may not be, and indctil
are not, i n a position to specify particular difficulties o r defects, and to
suggest rcmedios. they ought to set forth what they understand to be the
views of the Chamber on the general results of the working of the new
scheme of atlministration during the past three years.
3. When the proposals which .were formulated by Lord Chclmsford
and Mr. Mnntagu were under discussibn in 1915 the Chamber of Com-
merce expressed itsclf in opposition to thcm. For its mcmliers considere,!
that they would fnrce prematurely upon the pcople of India a sys?c!~l
of government for which thc people, as a whole, had shown no aptitude,
and gxprcssed no desire. But, while taking this view, the Chamber nevcr-
theless felt bound to examine the proposals, and to criticise them in
principle, and to some estent in detail. The Chambcr also camc to the
conclusion that the Europcan commercial community ought, both in the
general i n t e w t of the country and in its own interest, to bc adequately
represented in the new legislutures. And when the new scheme of govern-
ment was actually brouaht. into oppration thc Chmibcr, nlthouyh by no
means convinrcd of its wisdom. unhesitatingly endeavoured to do every-
thing possihlc to’ contribute to its success.
4. At this point i t may be useful t o state what the constitutional
changes were. Leaving aside the Council of Princes, the two great
ahanges which were introduced into the constitution by the revised Govern-
ment of India Act werc:T(u) the establishment of a bicameral legisla-
ture for-ihe eentrd Govcrnmcnt; and ( ? I ) the establishmcnt of a dual 231 232 233
bo thorough!? Judged. I t s authors recommenaed that its morlring mould
be reviewed for the first time after an interval of ten years. Practical
csperience of the scheme certainly does not lead to the conclusion that
any further advance in the direction .of rcsponsible government can be
safe!y made wittin n shorter period. And thereafter the advance, if any,
should be proportionate to the success attained, or, to quote the preamble
t o the Government of India Act. it should be determined “ by the CO-
operation rzceived from those on shorn nciv opportunities of service will
be conferred, and by tho extent t o which i t is found that confidence ca3 be
reposed in their scnsc of respomibiiity.” 236
. .
rind c!i ninit-1 t’rv ncinioci;\- a!id (ricc33 iic!i l i ; ~ \ – ~ ) twsn c n y d . ~ r c ~ ~ ! oi !A:I\.
i:i,* ti.e i ) ; i d ! – L,lr r l i i . or~:~nr,~:t!.lL)i., of t!ic 1’:Lrty systr.rn
Memorandum of the Indian Association, Calcutta.
‘Dated Calcutta, the 13th Augiiet 19z4.
From-The Secretary, Indian Assacintion, 62, Bowbnzar Street,
Calcutt,a.
Tw-The Secretary, Reforms Enquiry Committee, Simla.
I am directed by the Executive Committee of the Indicn Association to
submit to the Reforms Enquiry Committee t.he nc:companyinn memorandu:ri
embodying their views on the subject cf the Committee’s eucluiry. I am fur-
ther t o add t h a t Mr. Kdiitisch~ndra h’iogi, >I.:\., B.L., Jl.L.:I., 64-1 h i h e r s t
Street, Calcuttn, will, if considered necessary by the Committ.ee, give oral
evidence on behalf of the Indian dssociation.
9
. .
MEMORANDUM.
Provincial Gwernmenk-The Indian Assoriation are of the opinion
t h : r t 1)yarch.v is unworkable and 11~s failed and that i t must be euded. The
position of the Ministers is anomalous ; in their own Jqmrtments-the trans-
ferred deiiartments—th~y are greatly hampered by the waut of funds and by
the in;erference of the Finmre Department as well as t,he permanent oficws,
particularly the Secret;iry, n h o ha3 the right of appro~ciiing the Governor
when he differs from the Jlinistpr. This is opposed to thc very principle o f .
the responsibility of the Minister to the. 1qi:ihtiirr. ’ In nny action taken,
the 3Iiniste.r has t o dcf.nd himself before. the Lcgi. I;rtirrc! a i d tlic‘ cou‘ntry, bii t
the a c t h niay not he his nwi. JIorcovcr. lie is to :I gre:rt extcnt siibortlinntc
to the Secretmy of Stnt.t! also, in tlii? mnttw of his rclations with tlic scxrvic c.i
under him, cvliich rentlcrs his rcyivxiLili!y to the Liyislnturc ~~ii~arli~i:l~~:w
iinti unsiihst:triti:rl. AJ rcg:rrds +!it: Riiserved L)ep:irtnit:nts, the Jlirii?tt*r
airs no 1ian:l in the shaping of their policy 3 s he is g e n c d l y not ciinsulti~il,
hnd joint dt~lihcmtionu are few nnil iininiportnnt. Thr consi::iiience is t i i i i t
wlieri the people take exception to :my act.ion of the Rcwrwd rJcpartnIentq,
i]!ey hoiti t!ie Jlinisters rcsponsiblc ant1 ljlnrnc thcni for pctrniitting,such nctirrii
without protwt or resiprtion. T!ic Jliriisicrs a r t s also pt:!it?raIlp found to roti.
with t.he Gaverrment on surli. occasions: act1 ;ig:iinst tlit! popular view point,
whic!i produces R suspicion in thc mind of the p b l i c that t h y are RS rcqmn-
Fihle for t!ic policy of tLc Rrwrvid Ct*p:rrtincnts as tile Members of t.hc I’sc-
cutive Council, anit are in nu \ m y rwponuible to thc people or 111~ Lpgislaturv.
Thu.s the position of tho JIinistcrs is very insecure nnd general!:; niisuntlcr-
stnod by the peoplr.
– &
The Aa:uxintion, thrrcfx?. nr;e that D::arrhy should CPX;(! nnd thnt
c3mplet.e nutmmiy shou!d br: grnntctl t o the I’roviiic~~~. The -1ssoci:it inn
arc furt5er of the opinicn. th;r: co:iii~unal electorntcv should h i , ;iboiishd
;inti i n their plac:. rwc-rvcd s c i t 3 s!,oii!i! t:c pro~idcd in the ppni.r:II clt*c:toxtt*s
for s:ich comm:iuitics ;is no v C – I ~ ~ ) V ~ t : : ~ ~ , t I rcpri>sentation. This iy’thr o!iinhii
of t?y! 21 :;wixtinn xi11 pro:noti: ~ o t l : 1 f l . t . l i ; h t x w n tht! dizirent ci)mn!un::ied
TIii:, niI?no;:,:-. ta;;i!
i!: L.! !.~gi.sl;.iiirc i l l 1 .? r t;ii;ii c:!i:11,1i:.:!i:l !i:;c%. 237 239
ra 7..
C. ,.:c,
with nation-building dqprtm~~ts p c h
not workout their plane on%ic.coint of
f funds starved out the nation-building
ere thus Mdled with difficult problems,
the purse to show their meri€. They
cks as useless persons, that could not
carry on their duties properly. This coupled with the hatred of the govern-
ment preached,, by the intelligensia, were responsible for the overthrow of
the ministera. .The ministers should have every power to see that their
schemes are not dropped for want of funds. There ‘should be division
.oj..pve ‘ between the " transferred " and " rcserved " departments, res-
w i v e to the needs of both departments of the Government. This
division of purse Bhould b e equitable and not dependent on the sweet Will
of ihe’Govemor or the reserved sidc of the Government. The minister?
~ehonld have complete authority in appropriating their ‘shnre of the djvided
,fund among different items unfettered by the resenred side of the Govern-
fmnt…~ The ministers should hnre also -power 06 their esprees authority t o
.eke loan to carry any sc’heme into effect on the sccurity of revenue. I n order
@ve- effect to this proposal the local Go*;ernment (Eorrowing) Rules Ehould
.~’hodified and tha eourccs of income and items of expenditure may be ear-
-m+iked for the t,ransferred department. By t h r s c mqxs tEc micisters would
bok.apablo to take adequate bteps to prei-cnt the ravngcs of malarb, which
. w . i t a r v i c t i m ~ . by. th0usar.d and tlirentem to rendcr the nation extinct.
ee . of disetSses like cholera, malaria and knlozar have already
. le to a considerable extcnt and.viiI?ges have been rendered
their effect. The agitat.ors have found in such n discontcntetl
e likely to ignitc a t tlic sliglitcst i1stiptic;n. Thcse minis-
Up to the public gaze ill; pcrsoiis rcsponsille for these A t a t 0
it mas no wonder that t h y wcrc unscattd by thc cIcctc?mte.
also nccessary for combating the pms illiteracy of thc masses.
Though.’$me 8 &&$ on
schemes
account
were
of dearth
made
ofifun
for frcc
ds wliicli
primary
could
edncation,
be rentlcrcil
th-y
l e ~
could
acute
not
the mifihtms bnld manage their own finance and they hail an equitable
8h’sre of the funds of the c 0.-ernmcnt.
I .L,5e committee also strongly condemns the management of finnnrcn v;h:r:-
by;q$.deficits are left to the ministers wher-3 in case of surplus the rcscrvctl
at.onpe absorbs that. Sections 30, 31 and 33 of thc Devolu!ion Rules
e & b e modified to give effect to these suggcstions. – The niini.ttm should
m&red to be best judge of their own requirements anJ they should h a w
to finances than it had hithcrto been gircn to thcm by the
of the Governor,mhois more eager to hclp the rcserrcd side.
desires to put forward that it would bepreferable fclr
b o f the executive council and the ministcrs to sit in joint mecting
ore in touch with the public opinion their advice aould
ith current public opiaion. blinisters’ should also be
joint mcetiEgs-Land submitting a separate note in
e some degree of responsibility in the central Gorernmcnt
overnment should be morc amenable to thc decisions of the
1 ~ . There should IIC son*: rcstrictiou in thc Govcrnor To
940
TEE PRESIDEST ASD MIEXIIZRS OP TEE 241
AE a recent instance in point we crave leave to refer to theBill regarding tbs
A$-h..
age of Consent ‘introduced by Dr. Gour durihg the ‘ p e n € Session, sftar
a similar Bill introduced by Bakshi Sohan Lal, had been thrown out by the
b e n i b l y in 1913, without there being anv fresh developments in the county
regarding the matter, within the few months which elapsed between the r e j a –
tion of the one and the introduction of the other ; and in the absence of any
general demand in the country for any such measure of lesslation. In this
connection we may be permitted to invite the attention of the Hon’ble Members
t o the practicc obtaining in thc House of Commons with regard t o the treatment
of publio bills whcn attempted to be introduced by priratc members. " In
passing public bills Parliament acts strictly in its legislat,ive capacity. It
originates the measures which appcar for the public good ; it conducts enquiries
when necessary for its own information and enacts lnws according t o its own
wisdom and judgment. The forms in Fhich its delibentiom are conducted
are established for public convenienoe ; and nll its proccedings are independent of
individual parties who may petition indeed, and are sometimes heard by Counicl,
but B-ho have no direcL participation in the conduct of busioi:ss or immediate
influence in the judgmcnt of Parliament." (Jlays’s Parlinrnentary Prac! ice;
Ed. 1917, p. GM). In thc Indian Lezislature n piiblio bill introduced by
R private member becomes prnctically hi.5 pri\-ate property, or the property of
his party, if there is any. In this stntc of thin;? thc question of thc introduction
ot a hill affecting the religious ritcs or the social practices of n community, in tho
I ~ d i a n Legislature by n p i \ ate member. nssiimes supxme irliportance,
epecially in view of thc present t:nncitional st.ge of Indian sot:iet,!* in which a
small section of thc vocal classes arc bcgiriniiiq to e\-ol\-c ncw fandcti idem of
life and thought, a3 well as of social o*.:nnis:lT ion. niid hnvc- in many rcsp?ctq,
completely detached themselves froin. the tho;i,n?l.p, scntiinc:nts and qiration3
of the people for whom they pose as rcpr&utativcs. nn:l who oltcn niisLa1~ mcrc
change for progress, even though such c!i:rn+ ra;ty be for tlic ivoffic. Even tho.
IIindu Law of 1uherit.zncc has bcrn nttctnpt~v!, to \IP chnriqcd in the LTst :is-
scruhly in a hasty and wrappy m:innt:r. xitlioat. ryar;i to the Lvidiiic principles
of Hindu Law, with the possible resilt t11:it in tlic nt’cir lxtiirt!. mother bill
covering the points attempted to bc lqi4.iti~:! :i[!on by ~ I K ~ V ~ O ~ I S bills may be
introduced by a member of the LeqiJ,iturr~, h l c & ~ i : diilcrent views on tho
eubject, and propor.in,o a change in the 1 . i ~ on t,!:t! point thcrcby unwttlinq a t
.the next opportunity, what niay have I ) W ~ actt!;’d by thc prcvioii? rnl*nsnrrs,
S d in this manner esposixg i ~ i n t ~ u ~ ; i w to the iinc,:art:1i::tit*J of p:irty politics. d btiducing confusion or nialiing c:onfusii)n wIi2rtc it mist..;. n-orsc co!ifoun.j-
The Community t o which we h v c tile hoxour to belon? aru unnbli: to
template with equanimity these pns~ibilitic-s n.hic!l perhiips xi11 eriirtrge into
Government do not see tiicir ivay to withiiold snnction t o the
e c r i c n a t e introduction of nit:::siirr’j or It*gib::ttion :iiiccrinc tiieir rcIi~’ioc~~
Wcial’ntes and practices. as cll:ncs ill piit! I::W I;: the bills which Fcrc iiitro-
. ~ i : l ~ ~ i r;.:’ ?:t h::znirf!*:s of the i q c m
xrirttnn by r;, :I ij&!irir*:+
.,.-:, .b-!.z;::ir!! to think \\-iL!1 inma
. .
a member of the Isst .?sscii:j~y 1yh;c.ii <;L.+::,
dw p,. .
in the last legislative sc:isiuu of the: ~ – * . . w i ~ i y . wit,h a view t o dtcr t h
Rim+ La+ of Ioheritnnce I)Y !tyi ,!;ition , ~ ~ ~ t . ~ r : : i ~ , : ~ .ii:.x 3 vcr!+ insiiiF.cicnt
.
..,,
-ent of the nnttcr. T ~ P J ~ : ;(>!&::I
.k&h wewe ahead. \Ve b y 1c3;-e ta~) :;:r:it. ,?::.d:: .;
:i. 242
6UCCM9, the scanty coniideration which the t F o bills therein referred ‘to received
in and out of tLe Asrcmbly before they were passed in t h a t Legi.rlat,ure. We
crave leave t o submit (txelve) copies of t h e said bFochure dong with this
representation in order t h a t .the pointa raised, or the remedies suggested, therein
may he considered.by the Hon’ble the President and the members of the Con-
mittee. – .
It will be seen that thbframing of appropriate rules or standing ortlcrs
under .the Government of India Act or, if need be, formu!ating an alterirtion of
the Act itself has become indkpepsably necessary for His Exee!lency tho
Governor General and the Government of India, in order t h a t the principles of
action for granting or withholdicg wnction undcr section 67, c1aub.e (4) of the
Government of India Act may be laid dorrn. WC’e pray tliat in framing such
rules or standing ordors or introducing nrc.c.;snr:T-rh;:rgc; in the ;let. itself the
Hon’ble Uernbcrs of the Committee may bc p i c a 4 to kcc;, in vit.w, i r c t r ~ din,
the fact that no bill affecting the religiunrj ritcs siid usages of m y class of
British subjccts in Indiir or rcpenlinz or an?cntlin,o 3ny Act or Ordkmcc made
by the Governor-Generai within the 1neani:T.Z of x c t i c n 67, c!a; EC (3) of the Act,
should be n l l o ~ c d t o bc introduced in the Lcgisl:it1.!rc bjr a private member
unless and until Government aie thoroiighl~; satisfied as t o the vxistence of
a general outstanding dernnnd for such Ie;.ifl,itinn from thc Cornmcnit:; conccrnetl
nfter naliing due and scficicnt inquiry i2to t!:c p n t t e r and nfter.pl:icin,o what
may.be described as the Common La,;- of. the coiintry outside thif’cotiified l z ~ ,
Acts and Ordicanccs of the Govcnor-Ccner31 *A itkix phc. m!;nning of C!:LII;( (f/)(iia)
as contained in the Emritis 2nd Dliar;r::i,;hc~:mP. in the snme-"cntcqory as’ t h e
of section G7 of thc Act. It is also prnycd tli;it, z!v:ss:irr ri:ILxi 2nd .tan!fidg order3
may be framed and, ii need bc, :ip?ro+:itc c!L:~;c< in t h o Act itself nxiy bo
recomrnendcd for the fornxition of Commit:cc:; in the: .i:wrnbl;; as in t h t !Io~:sc
of Commons with B view to riinkc surh bi!is :is niny l?c :llo\:.cd to be i&oducctl
by private mcmbeis, as full, np1;rcyri;ite anti roiiiplcte a3 possible &rc-rr the
necessity for legislation niay uni:ucstior?nbiy exist in m p x t ?f tho m t t e r
covered by suvh a bill, and in sccli cases u-e rmturc :o!iopc t5::t thc Govern-
ment will, wherever necessary, itself ir.tiotlI1c.e 3 LiII in a pcrfccttd and
exhaustive form, in p l x e of the one proposed to Le ir.troiliicet1 by a pril-ate
member. We venture to point out that t!ic ncrcssity for the prrcniitionq KC
suggest with respect t o social 1egisl:ltion seeiiis to 113 t o bo f i r g r a t r r in t!ii:3
country where the Covcr::ment is not in the han& of t!ic C’ntnrnunity affcctctl
by such legislation, and F-!iere the Lrgis!ature is compo~c!l of y o u p cntertJlliin9
fundamentally incompati!ile idcm of,lifc and social organi:,ntion, than in t,h ~ 3 ~ 1 :
of the British House of Commons. b:e are afraid that if the present state 01
things contbuesYu&hecked, legislation carried out by ~inreprescntatiro membi?rs
in the Legislature affecting the religion and rcligieus ritcs and uingeg. its also thc
social customs of m y partiixhr Commixit-y mill rcdwc social legislation tn 3
mere game of chance in the near futurc, a d will tend t o stabilize D stranyi
tyranny of the minority in such m3i:cr.s.
And pour humblc pctitioncrs, ?.s in J u t p bocnd. sl al’ c w r pr’ly. 244
PRAMAW NATH’MITRA, V&7, High Courl, Calcutro.
SURISH CHANDlL4 MUKERJI;J%u&*Alipe, 24-Porgcmcrs.
BIPIN BIHARI BISWAS, phkit, Bigh Coccrt.
coupe court, c-. SUDHERDA MOHAN BHATTACHARJEE, HA., B.L., PZeude~, S d l
SDADARANJAN RAY, M.A., VIDYAVINODE, SIDDHANTA-
VACBLLSPATI, Principal, Vidyasagar College.
A PraCtiCany verbatim copy of this memorandum waa also received
hted Gauhrrti, the 3rd September 1924 and signed by 21 persona. APPENDIX.
..
TRE LEGISLATIVE ASSEMI3LY AXD ITS WORK.
(WITII SPECIAL REFEBENCE TO SOCIAL LEGISLATIOX.)
The first Frriod of the Legislntive Assembly under the new Government
of In’dia Act of 1919, is now dranbg to R close. A review of certain aspects o f ‘ .
its opention end activities nt this period of its existence will, perhaps, prove
interesting to those who may be inclined to note their bearing on the eocial and
political life of the country.
For the first time in the polit irnl life of British India dc mocratic principles
,,f Government, though of a rudimentary type and tentatix-e character, bare
been introduced by the new Govercmcnt of India Act. The democratic spirit
bas been allo-i;ed, however, some frcc play in certain aspects only of tho func-
tions of Government, hut not in others. Tn this latter class of cases, the reins
of bureaucratic rule have been hclti rzthcr tight by the executive Gorornment
both in India as well as in England.
Let us begin with an examination of :!ie scheme xitli rcqnrd to the powers
of introducing legislation nith which rncmbcrs of the Aambly and of tho
Council of State hare been I cstcd, and the practical working of those powers.
In this r q e c t the new -4ct hsu not made any prorision for classifying bills into
.public and p i r a t e , as in Englnnd, ]Jut hns a l l o ~ e d bill8 of any kind whatso-
&r, and not mcrcly those known in England " as private bills," to be intro-
duced by non-official mcmb’ers-of the.Legislaturo. ‘ These powers clearly cnablo
any non-afficial mcmter to introduce nny bill in which he may be pcrsona11y
int.crcstcd either from the point of jiew of persona1 gain or the promiil~~tion
of a particular thccry of lifc or ~0rfu1 or,nnnisation \vhicli he m:~y himself enter-
bin, though unsupported by any outstancling dcnmnd for legislation in that
rrspect on thc pirt of the pcnpk or ClUSScS of pc~plc who :ire likuly to bo affected
by it. There is, thereforc. prnrtimllv no limit to the initiation of legislation
by non-official members of tlic legislature save what is provided by section 67
of the Government of InGia Act, clause (2) of which irescribcs, among other
mktteis, that it shall not be lawful a-ithout the previoue sanction of tho
Gov&or-General, to introduce nt any meeting of either chamber of tho
[hdian LegisIature, any measure affecting :-
i (a) the public debt or public revenues of India, or imposing any charge
…. . . on the revenuev of Intiia ; or
(a) -the religion or religious rites and usages of uny clay of British aub-
. . i jedsinIndia;or
(c) the discipline or-maiutenmce of any part of Hia lfajesty’a Vilitary,
h’aval or Air Forces ; or
( d ) the relations of the Government wit.h foreign princes or states ; or
..any measure :-
(i) regulating any provincial subject or any part of a provincid sub-
, ject, which has not been declared by tho rules under the Act
to be subject to legislation by the Indian Lt!giskture ; or 246
(iq repealing or amendirrg my Act of a local le3islature ; or
(iii) repealiq.? amending any Act or Ordinance &ade by the &r-
Zmor-Generd. .
To these may be ndded restrictions wGch section 69 of the Act imposes
on its powera to moke laws for the persons or classes of persons and tho mattem
therein specified.
It will.thus.nppear that the introduction of bills by non-official mernbem
within permissible liniits,’where unduly attempted, cnn be checked only by the
Governor-General acting upon his own personal initiative and at his discretion,
4jthholding sanction only where he may personally think it propcr to do so.
But is there anything either in the Act itself or iri the rules and standing orders
rp@a under it replating the exercise of the Governor-General’s dixretion 1
ThB answer must be in the negative.
This question ofiinitiation of bilh in the Indian Legislature has an impor-
tance which, it is t o be regretted, is imperfectly understood. Whil~ the people
may at firrjt sight rejoice in the conferment of powen in this connection upon
the members of the legislature, yet the practical working of these powers reveal3
the existence of a doullc-edged sword which when unnecessarily or improperly
wielded resuh in great harm to the people themselves..: The question, therefore,
at once presents itself whether bills intended to be introduced in the Legihture
should not be clissified, as in England, as public andprivate bills, whether the
odgiwtion of public bills should not rest n l t h the Goverqnent2lone an3 should
not be subj‘ected t o the same process of treatment as they have to:undergo i+
England, and whetlier non-official members should bc permitted to treat thcm,
ns they do now, as their own private property and aJowcd to manipulate them
during thckpnssagc thrbcg?i the Lc$aturc, by cominating rxembers of selcct
committees in respect of t!icm just as they lili.e, by influencing the votes of
members by means not apparent t o the public nor wvarranted by the intrinsic
merits of the biUs themselves, as well as, in various 0 t h ~ ways. -1s matters
stand now, the previous sanction of the Governor Gencral under scc. 67, clause
(2) has beer? 1 d t practically without an!; guidance or control bj. rules having
the force of IDW, SO far as bills that arc htroduccd by wn-o%cial members arc
concerned, but which in En$d \ \ u i i l l l I)r ciiiss:t.c! p.3 pii?;lic bills, and woultl
be treated as such in the JIothcr of I’ar!inments. In Englanc‘, tFe ohject of 3
public bill has been statcd to !ie t o nltcr the general !am ; the object of a print’
bill is toBlter the law rclat.ng to some particular locality or to confer rights on,
or to relieve froni liability some particular person or body of persons. [ I’itle
Manual of Procedure in the Public Busuiess (IIouse of Commons), Edition 1919,
page 139.1 “ The proceeding.? in Parlianient ia passing private bills are markcd
by much peculiarity.” ‘ 1 bill for the partknlar benefit of certain persons may
be injurious to others ; and to discriminata betmeen the conflicting interests of
cliffercnt parties involves t!ie exercise of judicial inquiry and dcterniination.
This circumstance causes important distinctions in the mode of passing public
anJ private bills and in thi: principles by which Parliament is guided.’
‘ I n passing public bills, Parliament acts strictly in its legislative capmity :
it cjriginatts the nicasurc’i which a p p m for t h c pui)lic good. it conducts en-
quirirs, when ncccssry, for-its owu icforn:ation, arid enacts laws according to :+s would be. to make enqhiries and collect materide independently at ita
con+5cial sponsor, 80 as to make lrgislntioc on’the sub:ect 8s comprehensive,
complete and useful as possille. Such a result can bi! erpeckd to be achkved
only by adopting the procedure followed in the House of Commons, and not
by leaving the formulation of a bill and its conduct through the In&an Legislz-
.ture in the hands of a no6-05cial member. .It may be otherwise, however,
in the case of trivial rcatters of lcgielation which d3 cot invdve any Idrge
questici of Frinciple.
The origination of bills by a non-official mcmbcr in tfie Indian Lrgislaturc
asuclcs, however, s u p r e ~ e importance n hcn n non-officicl meniLer intro-
duccs a bill affecting the, personal laws and usages of any particular commuity
‘in I d a . The ccuntry is in a transiticnal stage of its cvolution, and a smell
sccticn of the vocal classes are bcginnirg to evolve new-facg1e.d theories of
life and eocial organisation ; nnd, many rcspects, they have ccjrn~lctcly
detarhcd thcmsc1vr.s frcm the thoughts, scntirccnts and aspiratiors of the
people for whom they poEe .as their reprcsccta?i\.cs. yery oftcn their hasty
generali~ations and opinions aic bcsed merely on a supcrficial ccnsideration
uf the needs cf the country Loth spiritual and temporal. 1hc.y very often
mistake mere chsnge for progrrss, even though such chacge may be for. the
worse, and in this state of miLd they try to give effrct to their pcrsocal idcas
through the machinery of the Indian Lcgislaturc. It seems to be practically
certain that as soon as the masscs of the people wiil bqin to reaiise thc situatiun,
a great revulsion of feeling will spring into esistence as against the Covcrn-
ment and &,e machinery of the legislature through which the oprrations uf
the Goverrment are brought home to the people a t large.. CovPrnnient cgn-
,not ds-lude themselvrs into the bclirf that by m d y adopting whit
niistakenly consider to be a neutral attitude ip social legislation, thcy czn
succeed in securing fair-Flay and in allowing the comniunitics concerncd an
opporturity of solving their own comniuna! FroLlcms in their own nay. The
ideas of social and religious reform, wry-often immature 2nd fragmentary in
character, which arc sometirncs entertajnkd by their agents, the otficinl nicm-
l c r s in the legislatme (who are, however, allowed to vote on such ocrzsions)
being given effect to through their votcs, serve to help forward fiuch social
legislation against the idcis and opinions of the great msses of the ppoyle,
instead of allowing the matter of such IcgiJation to be left in the hands bf thcse
alone who are to be dircctly.afl’cctcd t y it. In spite of foreign rule in the
country, t,Ls freedom from interftrcpce by Gorernmcnt in the social and com-
m u 1 laws of the different communities of India, has proved itsclf, so far,
p r c t i c d y the only vestige of " Swaraj " or self deterniination which they
have hitherto enjoyed. hit this " Swaraj " is now p i n g to be cou~~lctcly
destroyed throngh the operations of the iuisrd Lcgislatilrc and the Frrsent
attitude of Government in rc:,pcc t of social Icgislation. A few concrete exam-
FkS d, perhaps, clear up the mattcr.
Let US examine the proceedings of the Legislative -4srcmb1y rr!atinp to
the two bills of bIr. Ghesngiri Aiyar wLich he introduced in the rrerent –i:srn:bly
and got them passid-liis Ldl t G amerd t h e Hiudu Lon- cf 1Elwriti.Ece in
certain particulars, aud his bi!l t o nn!c,nd the IIindu Law rclatiug to rsclusion .
from inheritance, Iviving o l t othrr tins such as Dr. Gour’s L i d 3Ixriage
Amendment) Bill, utc. (6). Step-sister ;
(6) Stepsister’s son ;
(7) Step-mother ;
a.nZ only on fiilure of the above, by the fathei’a mot.hcr, or othcr heirs
coming after lier under the Xtakshara law of inheritance, provided t h a t the
female heirs succeetling 6s aborc shall take only surh estate ns a fcmnle heir
would take under the ordinary Hindu Law ; 2nd that nothing in the bill shall
:affect any special family or local cusiom. In the parallel bill he providcd thF.t
.notwithstnntling anything in Hindu Law or custom t o the contrary, no person
goverr;ed. by the Hindu LTW d~ould bo e:<cluded from inheritance or from B
ahare in joint-fanlily property by reason only of any discase, deformity or
mental defcet.
Leaving out diffcrcnccs arising oct of interpretations given to Shnstric
texts b y the diffemnt High Courts of Inilia nnd the Judicial Committee of the
Privy Council, thc law on this last mcntioned point may be roughl>-,stntcd t o
be, that eunuchs, pcrsons born blind or deaf, madmcn, idiots! the dumb and
such a3 have lost the iise of a limb. as a!so persons nmictd with certain incur-
able diseases, etc., should be cscluded from inheritance. The position taken
up m the hill was that no person coming under this category of tlic Hindu
law should be excloded froni inheritance, at 311 ovcrridinc, in this rcspwt, thu
e>:pres provisioni of the Hindu L:iw. It i.; not &%cult t o realisa the gr..vity
of the questions raised by these. two bills. – . * . Without .discussing the merits of the qucstidns raisid by tliew mezsurcs
.of &.&tion a t the preyent moinept, i! niil br. wcll to icjllo\~ with some care
ind closeness the career of thesc?wo’bills, in the 1miJa. of Governmc~4,.~aRtl i g ,
t h e Legislative Asscmb!y, zs wcll ;:s in thc Sclcct Committee’ <hich’.gavc ti’,
them an amended form. IVhcn tlic’Lills wcrc introtluced in the Assembly we
find the Covernor-Gcncral had Lwn plcascd to accord to tlicm already thc
sanction requirccl I y scction Gi, ciiiu-c ( 5 ) ( b ) of the Government of Intlia Act.
What Mk reasons for granting tlic sanction are, the puLlic have no nic’ms
of discovering. ‘Had Government tricd to ascertain whcthcr there was any
outstanding dcmand for thc bills exprcsscd by public opinion ? Had they
tried to find out whcthcr thc ortliodns c’asscs of Hindus had exprcsscd any
desire for change in the principlcs which govern succession according to Hindu
Law ‘! UndouLtcdlp not, bccausc i t x-as on!p aft,er the introduc:ion of tlic
bil’e that Governmmt. circulated tlirni far eliciting opinion thereon from a ve:p
limited circle of officc-benrcrs and laiv societiq L u t a t no period of time did
they attempt t o know if thcrc x i s pics:nt in t,he case that iuonielirum of pub-
lic opinion which alone, to say the Icast, should justify t!ie introduction of Ic+
lative measures of a s.rial chamctcr. I-clgiic rcfcrenccs were y a d e by thc >ro-
pounder of the tills in his st.atcniefit of objects and reasons nnJ elsewhere as
t o the so-called public opinion ; but the members of the Legislatiue .isst.mbly
never came t o know ~ – 1 i c t h r ~ the right sort of people whose sentinicnt in the
matter ought to count. had i w n consultrd. and not merely the opiiiion of men
holding themselves! FtnmIly s p d i n g . aloof from the current of urillotlos
feeling. India is a country ~ I i t rc legislative idcia talre a long timc. to filter 251 o?:nions nf e q d weight to you. I do not suggest for onc nioment that the
upinicns ar : one-sidcd, far there are ninny opi+ons in favour of the bill ; indeed
thc-divergQcc of opinion is so great that it is dstremrly difficult for an outsider
to say which nay the wei,n!it of opinion lies. Probably if you counted opinion
as you count haads, t.ht: IIon’blc Member is right in taying that he has the slip-
port of the majority ; tilit I am not sure that it is x sound way in neighing
2c!la! opitiioii i n a nint:er of 1.ftiskind~ There is, however, onL matter upon which
the opiniocs of local governmcnts arc pretty unanimous, and that in that the
government should not interfere in t.his matter, that it is IZ mntlcr whicii should
rcally tjfi ieff for Ilindu op’nion lo decide and for the Hirrdu Members of tile
A.s.~cmbly.” These arc vcrp important words, indeed, to bear in mind.
Procicding to deal with another aspect of the matter, the IIon’ble the
IIome IIeniSer obscrred : “ TLis rigiclity (of KinJu Lav) is, homevcr, also no
doubt partly diie to the very conservative character of Hindus, and in this
particular matter, 1 understand, t.hat the Courts have so mitipted the harsh-
nem of the rulcs as to avoid su1;s:an:ial injustice where thcy. could. It is also
pointed out that although p2rsona nfflictcd with the disca-es which are men-
tioned i a the Bill, arc ilcprived of their share of the inheritance, they are not
under any systein of law? deprived of mzintennnce, and it is suggested that this
is all that is nec~es3ry.”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .again.
‘’ The ayyJmcnt has also heen raked that ptmons yiho :uffer from some pcr-.
niaiieni aurl inourzbl~ discages, particularly m m t d c!isensm .oiight not to s w –
cce& 60 .full cliarc of the, propeity. . ln t l i ~ s y – c,ipmpt,nnrt.s, 1 . .bant .tho
Assembly cltarly to i i d c r s t m d what will bc tlie‘?fiFrc%bf ‘tlie.acc-ptancc of this-
motion. It means that thcy will ?</it!ikl!; r:rrrpt t h : p r i w i p l c f,f !he bill z~liici~
?ii:t15s cn i ? / ? p / j / ’ / t ! i L f in;^!;^. I,! I!w !I::idu L t w 84 [idvri/urrre. \Vhcthcr it. is risht
or not to in:c:;frw iii.-ct:-twal with thin grmt strwtir: af I!iiidii 1,aw is a
n m ~ / ~ r /h ,’fi.rdtl,$ <:,.jwb;r, rather than for u : ~ . Eut it iu a ~ A i u t t h t should Iic
consicbrcd.”
Tiiris it will hi: scen’that so f-r 3s his h:l!s arc concerned, the mover hut1
not n i d c :in? niothn I d o r e the JTon:!: whicli hc ro,;Id have niadc oflici:rlly, to
elicit ol)inion on thr-ni from thc Hinds public reflcctine orthodox \riews. Hut i t
\ra.. kft t.o t!ie gooil s-nsc: of t h o Esccxtivc Governmest of the country to try
a.iil elicit opinion, thJl1~h it n-m only from a very lirnitcd class of people ; for
failowing 3s thi:y did the tstnblishcc! forms of circulation, Government rould
sucrccc! in obt,ni:ii:iq in this uiattt‘r the opicicn of some hi?!] officials and Dar
Assori;itions o!ily i l l tliL country. The uio:’L-r Iiixiv!f no dodit protested in thc
Asscn:l,ly that ii:: l i d also pri:-ntcIy circulxtc81 liis hills for opinion ; but as has
l,i>cn :Jrlndp stated, the meiiibers ncvrr cgme to l<:loiV ~ h o the ~ c r s o n s or the
botiic2 TW;C that liad been consulted by h i n privctely, and what viere
really their 6;inioiis. I n this state of things the dcll3te on the bills was
adjoiirned : and on the I W i February 1!)3, the propouder moved again
that hi3 two Lii!s bc rpfcrrcd to a S e h t Comxitrre cowistin? of members nam-
ed by him, and his motims were adoptcd. ‘ h r r was some discussion and
orp nition on this occahn also 3; regard? the princip!e of the trro bil!s, hut the
motions as already stated, were p!timntcly carried.
It will perhaps bu interesting to know in some detail thc general trend of
the opinions which were obt2inc3 !)r Ccrernnient. from certain officials m d
a!5risl Eodi-s. a d wbic5 nerc Lrought t ) the zstice cf th:: n:embers of the
L ~ ~ S l ~ I l l ? ~ l ~ ~ . 253 k) Of persons rho think t h a t psychologically srrcking thcre is no
r e d hardship, betauee a man’s mind cnturclly tokts the r d c s ( – f
succession a s fixed rules regulating Enccewim frcm bcfore the
moment of his birth, and he does not build hopts a t any t i r e
cf his life ccntr:iry to thcse fixrd rulc s. A prrron cacludcd from
inheritance altogcthtr or n hen his. claims to’snccwsion are FOEt-
pried to those of others, eithir ~ O T E not cspcct any inheritnnce
n t all, cr is rcconcilld to his pcsiticbn in thr0rdt.r of Eucccysion
nccording to tlicse fixed lev-P, and cocsrqurntly thcre is no
2ie;lrpointmlnt and frustrated ho1 e in his case, and, thrrrfore,
110 Lardehi;, in1 iticg rcmcdy on humnnitaricn consider3tions.
Q) Of pcrs0r.s n-Eo oypcse the niwsurcs cn the ground that it is the
cocstitutional riglit of Hindus to ha\-c n:at:~~s of principle relating
to t h i r pcrnc xi31 laws a!:i.rcd, if reolly nc ccssary, by rh(:msclwe
alLnc, a a d not t!iraiigli thc rutc,s of nc:n-€Tindvs who by the very
fuct cf thrir bcing non-Hindcs arc; ~cnerallp spaliii~g, either
ir.capat!e cf synipathising Kith Iiirdu fctlings and sentiments,
or are F O S ~ ; Y ~ I ~ hcstile t o thrm.
It n:ny bc intercstinr t o rrfrr here to the opinion ?f Jlr. V. 31. Fcrrorsl
?rl.A., I.C.S., Diutrict. Jcd& c:f Cannra, vxItrcsscd in his lettrr to the Gowrn-
Iccnt i J f Bomlx~y, wliich s r w s ti! rcikct flit: ~ipixiion, of that class of pc.rsi;ns
who have ‘strong rc1igiu.u~ vii n-s of t1ii:ir (~dri, al:d-\\lio frcini :in ‘cxtranc~ouu
f i n t of vicir, can synipnthise with orthodbs H i n d i fccling. in t4wqint4cr,
..’
I . He says :- .
" Scing m p l f nincli iitldictu! to a rilizicn or my own, I observe wit+
r i ~ i i r r i x i ~ s!ir1\risib, tlic r( i i ( I i r i L 5 3 ( i f si~r:ie Ilindus, and wnie
mi1::in n!a(?nfls t(J s u h i i t rhcir sicrcd Law, to thc’~ianip1otionS
cf sc-cul-r 1cg’- – 7 1 9 1 atcre.
" In ~y opinion thrsc operotions are perilous. A proposal for tlic
rLforgiatio11 of an cncient faith may SCVIII at lractive and libcrnl ;
Lut to SiiCh, a proccss t h e is no end: The thf.ory of the IIi~idri
Lam is (I’ bclit\-is) siniilar to thc tliwry d cvcry othvr rclipion.
The rcrc1:ition c,ncc dclivc.rcd by the Xiehis is tlic w r y Dayspring
froin on Iligh. It niay be too clazzling to bc clcar!y swn. I t
C311PrJ: possilly be in urcd of corr:ction. 1\.lic11 tlic navigator
01:s~ r w s that tlie siiii rcnrhrs tliv zvr:ith It forc tlic liznd of his
c!o( ii touchrs nwn, he Inits 1;:s t h , c 1; c:n. ‘l’l~c riiore liberal pro-
;osd is to put the s i n E i i c k . F,,:! this c;ir:ni;t I c done. Thcrc
IS, in my oI:i::iun, ilnly one ansin r x1:icli ortlodos piety rnn
p d ; l ) – rn;l,c to all t h : c ~rmnc?mwts. I t is " non ynssunius."
Let it cjnce be ndciittcd thnt’it is pwsible with advantag. t o
eliminate and tlerrussify thr. dc;v)sit. of faitli, and that a seeul-r
Asscrnbly can carry oi!t the yrwcss. thcn rhe whole CEO is lcst.
The first step I an: :lot nxstcr to take, but there is no s t c ~ d
stepping place.
An Imperial Govrrnnwnt may !np don-n a law to bc obeyed by all
subjects alike. But a sscular body which undertalics even 265
for the most pious and reverent piirposes, to select and-rc.~rsnge
the sacred books, and t o decide what s h d l hare the force of law
and what shirll fall into desuetude and oblivion. is ~ d e r t n k i n g
-a perilous task When the osen stum1:led which bore the ark, 02s
lzid his hand upon ib t o uphold it ; and 0 2 3 :ms.struck dmd.
The pnrable is too plain t o be rni.iur.ilerstood. If the nem legis-
laturrs rashly e n g q c upnn t h s c eiiter~riscs, they must infallibly
encounter the most tlrailly itnd ohstiiintc ill-will." I’ TheJe con-
sitlcrntions ai.,plv with spxia1 force t o the blind, the 2tformecl
acd the fccLle-niindcd."
Proceeding further he observes, " The Hindu religion takes the =me view
the me&cnl science. Disease is ;L sign of sin, arid t!icrc 3 dist~ii-lificstion for
-7 111cans
* .
‘frill communion,". ………….
……. – ……… " Economicully t?ic cnsc for disinlicritnnce is qually
,strong. IIc that cannot contriliutc tu tlic cuxiiiiion iunil 113s no rliiim to f d l
&arc. Cllarity may coiiccJl: liiiii a nininteiiaccc ; Lut Jidrihitire jiLitice will
not ndn:it l<m to equal 1ne:iihrsIiip.. . . . . . . . . . . . . . . . . .kistotIc. mil Plate
stand for opposite schools. Biit .\ristotlc :w.d Plat0 afire(! in lnlanq it for
p n t c d that Llind, mis-;ihapcii infants sl:oul(l be dcstxi\-wl as soon 811 they
come to this world. The Hint111 religion ni;rkcs ii cnnccs~itui to xcrcy ; it
dews such children to live. Eut t.liis is as far it vill p."
Tlic. nest set of facts relating to the prn,FcisR of the billa in the h e m b l y
wliich deserves attention is the yicrfunctory ; i d ca.;ii:il manii~ir in x%ch the
Select Committee mecfinp n-ere held, shewing an nlnicist ciimplcrc lack c,f appre-
ciation of the great importance and seriousness of thc issues r a i d by :!\ern, on
the part of most of the members of thosc committees, tlicir n-znt nf sym;.at!iy for
orthodm feeling in the mnttcr. and tlicir f:iilurc to tnchlc tlic various -ii~,ggrs-
tions as t o the intcrpohition of otIi.cr hcjis nr pnssilh !irirs h t h rrde nnci
female in the order of s~icces.,ioii ntlun:l,i:ittd i)y :hc I)i!l ; q m & i g to J:er tho
order of succession, which arc to Lc fc;iintl ii: tlic oiiiiiiuiis t , f winc of the: pcrsona
who were conjultcd Ly C:oreriirnenr. :I- f1)r C ! L ~ I I ~ I I ! C . the Fclcct (‘ommi: tee
never took into considcration tlic clucsiioli why, ii t1:t: .\lit:ili~liar~ :,:clcr of
8pcwsion W?S t o bc suspcntlctl in ortlvr to ii::rlic :ooiii for tlii: sistur. .i:. vstnto
of the propositus sliodil, in tIir fir3t ~y!::cc, ‘:I) to t l i t line of n aiivitia i i,rothcr
down to liis grandson ant1 I\ Iiy i;ot dmr. to his t(rr;it gr:i.ii!!.son. ; > n i l
Dot prefcrentidly to the FCII’S i!:iiiglitc-r or the gr:iii~is~iii*~ t I : i i : ~ h : ~ z qr tho
daughter’s dxighter ? On the Fro:iiid cf pro1 ii:qiizy ~1!u;ic, tlw :;i:-::: ;t..nul~l
ixiherit along with thc liroil!tr, or at any rat(‘. iiiirn~~Ii;itc!y aftvr t!:. iiri(!cd
brother ; and if the si,tcr h:ipli(w~l t o livr, ni; h r!w propwiti:s. :inri !:!! !.mrIicr
IiwJ separately from tIicm LotI:, wIiy siiou:J thc sistcr cot siiccectl !c. bcforc
bis separated brothcr 2
The proy,oundcr of this bill in his spcc1.11 nt its l x t stafrs in 1 1 : ~ .!.:.=.t:rnl,Iy
, f l o u r k c d in an inesplicablc nini:iicr in tryiiig to support ~ i i s c:;:c
bf inl-oliing the authority of t h e >Iir:tlisli:ir:r itself. wliile i:i thc snr::: 5rmdi
*lacing the order of succession n:en:ir~nt~~l by t!i;it ;iuthority ; ir; !N, its
‘ivowd object was to drive a co:icIi aiid f ~ i ~ throiigh t h c orr!cr of x:cessii,m
S C ntmned in the’Nitakshnra. SixniIiirl>-. t I i v prnpiiiii1~1c.r of tllis hill L: Tell n.s
kzdett ConuuittCeuominattd by him Iilzti t o ! a h m y uoticc oi t!w lrxhcr’s Bidow, the son’s midow, the grandson’s widow, etc., in the line of hein. These
widows are recogniscd as heirs in the Bombay Presidency. a Why was not D
word said about them 1 Next time somo reformer takes up the.cudgels on
behalf of thew objects of sympathy, n-in not the whole line of hciis as settlctl
bp Dlr. Sheshagiri Aipar’s bi!l bc iiaLle to be unsctt!ed ? If he and his Select.
.Cp&ittee mere blind to these facts, surely Gvcrnment should not shut their
eyes to these and various other matters which must come up for consideration
in connect.ion with a re-adjustinent of the line oi succession. An impartial
observer not obsessed with the idea of rushing a particular bill of his om:]
through the legislature, can have no difficulty in concluding that if any re.djust-
mint of the order of succession is wanted, the question must be conuidered a3 3
whole and not by’driblets; a small part of it only being contemplated a t ono
time to the exclusion of the reniaiiider. To quote from the speech which thc
Law Member, the Hon’bb JIr. Tcj Bahadur Sapru, as he then was, m+de on tho
10th September 1921, when the propounder JIr. Shcmgiri Aiyar, moved for leavo
LO introduce his biil regarding exclusion–" The IIiridn Law is an inhcritancv
from the past, and I speak with experience of 25 pcars in the profession, when
I say that i t mould be a p a t mistake for any lawyer, hoivevcr eminent and
however ambitious he may be, to pick out a particular portion of Hindu Law,
and to deal with it as if it had no rclation with thc rcst of IIindu Law. ThcrJ
is in such attempt 3 lur!<ing dangcr, and it has nl\vnys got to be gunriled against.
i P e r ~ n a l l y speaking, I feel the ma1 trst of rndicalism \rill Lc -not’this bill, but
when another bill which is conncctcri with Ihc funic’of my I I ~ n l h Iriciicl Dr.
CTCUT, comes bzfore the House (Thc Civil J~arri:l~c .i!ncndrnwt Cill). Tiicreforc
what I would say to my Ho~i’L!c c d l & i ~ ~ i w !wro is, I J ~ a11 m w n s prowet1 tu,
reform your Hindu Law, but tlo not be in ,L hurry to do it. Do not thin!<
t h t you can in the course of half :m’liour or 15 minutes reform the Hindu Law,
wEch requires very cnrcful coosideratioii nid \vliich rcqiiires n much moru
comprehensivc view than you can give when you arc dealing with an isolntcd
bill of this character."
PI It shodd be remcmbered that this Hon’blc Jlimber of thc Govcrnmcnt
proclaimed in the Honse on tha: occasion, that he alivays c1ai:ned liimsclf " in
these matters, to bc a redicsl." P e t he thought it ~ a s ccccssnry in t l x intcrcstv
of the community to souild a note of ivarxiug. Eat alas ! all m his was to no
purpose.
Let Xr. Rangnchariar, x.L.A., a I h b c r of the Sclcct Committce appointed
to consider the bill rclating to Esclusion froill Inheritance, speak as to the man-
nerinwhich the Sclect. Committee pcrforiilcd its iuuctions in respect of it, in
spite- of the grave wariiing ,$**en from tirile to t i n 2 by rcsponsillc niembers in
the House, and Ly thoughtful mcn outside of it. This iy what he mys in
his minute of disscnt, dated 3th March, 1323 :-
‘ I I have in thc first placc t o placc on record my protest against the m y iu
which the Sdcct Coinxzittze nicctiiigs on this important lncnsure werc con\-en-
ed, cancelled, or held. The first mccdng was couvcned for Wedccsday the Slst
February, to be held after the Asscnibly was to rise for the day. The zisscmhly
rose for the day rather latc after daling with two or three important legislative
fi-easures. On ThursdaIr the 22nd February a notice was circulated in the
Codncil Chamber that tkc nienting \vould bc hcid ritcr the Assembly rose on a ahd
267
that day. The ABSCEIE~~ rose after 6 P.M. that day, the mceting could not Ee
held, and on Saturday the 24th February at about 12-20 P.N. a notice UPS
again circulatcd that the meeting would be held at a t o u t 2-30 P.M. t h a t after-
noon. I informed the mover of the bill t h a t 1 could not att.end the meeting
a3 I had preiiously arranged to attend the meeting of the lfercantile 3farine
Committte that afternoon. The movcr of the bill a t about 2-15 p . x took the
permission of the House, just as the Assembly n-as riEing, to get two names
added to the Stlect Committce from the pand of Chairnian namely those
of Sir Campbell Rhodcs and Moulri Abul Kascm. The meeting w-as held
that afternoon at about 3 P.u.”; (0 tempora ! 0 mores !). ." Gf the 14 mem-
bers, 9 were present at that meeting, and the fo!lowing two points were unani-
mcusly decided :
That the Presidency of Bengal should not be excluded fr. m the operation
of the bill ; nnd that cunuchs and irnpotcnt persons should not Le cxcluded
from inheritacce : and it was furthcr resolved, by a majority cjf G to 3 that
persons born L h d should not be excluded.
! – By n majcrity of to 3 that the denf 3r dumb cr deaf and dumb should not
be excluded.
. By a majority of 4 to 3 that blind and Jcaf or blind ncd dumb skould not
be excluded.
By a majority of 4 to 3 t i k t born idiots and lunatics should bc excluded.
By a majoEity OM to 3 tliat’lunacy not congcrital bhUU1d not I c cxcludd,
By. a majority of 6 t o 2 that incnrsble dixmsrs sLoulcl not be a groufid for
ridusion ; aud a motion that pt’rw?: who zre let in should ialie only h !imit.c.d
cstatc akin to that of a widow’s cstatv, was nr,-atived by il niajorit:; of 4 to 3.
" Thc fol!on-ing I h d u mcmlrrs and the IIon?ble the Ilome Mem bcr
were ahscnt at that mccticg: – JIcssre. Subrn1:ninny:rm. Ranpchariar.
ITarchnndrai Vishinti:is, and Sir Ucv.-.prasad SnrbadLicnry. l h c title of the I.dl
was also altrrcd a t th::t rnccting. ti h t r r rnrcting w:is lidd to pass the report.
This was on &t:irdny thc 2nd of March, frcm aliich thc! lolloainq meniticrs
were absent–Jicssis. Chaudhuri, Suiirahman!-nni. Ycnlintnpstirajii, Lala
Ciridhnrilnl drsrwnk, Harchaxidrni Vishintlas, SirDcrapr3sad S a r t ~ d t i c a r y ,
and Sir CampLcll Rhodcs and JIoiilvi r\Lul Knscm. I W:LR able to be present
at that n;eeiing. JVc had to take the dccision cl the forinrr mreting as
Linding, and the only qurstions cnnsidcred w r c , whcthcr the bill should be
rccireuhted in viex of thc uxinnic~~us decision to indude B ; q d , and the
suggcstiona from mc to include saving clauscs to prctect w s t d rjghts and rr-
ligious offices and charitsblr trcxts from the opcrntion of the bill.. It m-oti!d
be seen that in consequence of thc Euriied sun;rnoningnf ncctings, members
of the Sc:cct Comniittrc werc unai:lL! to be prcsent, and this measure has not;
received that full. cc~nsidcration which it ou,z.’nt t.3 haw rcccivcd ; and a!so thcrc
has been a sharp diffcrcnceof opinion on rarious p i n t s . It is not di5cuIt to
imagine that all this happened because the mover was very anxious to get his
bi!l passcd during the sissiGn in qucsticn, h i r g sure of t h p r o t x of his support-
ers, 113 mattcr nhr-t!zr his bills found timc to receive full cossidcration or not." ! n l ; i b
-258
It is not n e c s a r y to prolong this s t d y b p mnliing furthrr qiiotations
from o f i c i d papirs. It will be rnrugh if the attention cf the pchlic is drawn
to the fact that the nomination of members to the Sckct Ccmmitteis rractically
remained throughout in the hands of the mover, tlict it is difficult to discover
any princiyle, if at all, cn n-hich the Sllcct Chnmittecs n-cre conttituted, or
theobjectwith which merpbcrs, such as JIouh-i A h 1 Knwm and Sir Campbell
Rhodes who arc not kncwn to thc puLIIc as having cithcr any expert 1;now,Ldge
of Hindu Lam or of the orthodo? fcvling in the matter, were ernpant.llcd almost
at the4ast moment. One thing, howevcr, clcally stands oiit, that t h y both
signed thc reports of the Sc18:ct Committce on both thrsc .bill in an unqves-
tioning mamcr, and that ITr. Abnl 1hc.m who vcltcd againsfthe vcry intro-
duction of one of the bills gavc Lis support to it a t its 1:itcr stag( s in the
Asscmbly. WLat miracle had comc into 1,hy in the intcri-a1 ?
It is perfectly clcar that Oowrniiicnt Ly adqiting the position thry did in
these matters of social Iegislatiun Iclst all control as rt gmls the p ~ p c ‘ r dircction
of these bills in thcir passage through thc AsscnilJy, although thry might be
strongly disposcd, thcur~ticnlly s p d i n g , to put in fair IJay and justice, ne also
a considcration of thc broader aspccts uf thc qiib-stions raised, and ncre ansioue
not to do vioLncc to orthodox Ilindu fLeling. 1:ou-evcr niuch Sir U’Jiiam
Vincent, as Homc JIcmbcr, and Sir Tej Cal~adur Fnprii, as Law Jlembcr of the
Government,. might worn tho. ~ov’c;r -and his LAun-ing in th AFst.mlJ\r to
think calmly and proceed cautioucly a11d judicially in thc mat tcr, G&mnic;nt
practiearly 2roppCd tlic rcius from tlieirhnc!ij Gy iiil(?sviDg rhu niowr to. have
his own way in treating tho bills 3s his pri\nfe Imiiwity, contrary-to the pr.o-
ccdure which the Eririsli l’wlia~iynt ~ o 1 ~ 1 1 1 in tlic matter of : i l l ‘ public
bills, aliich catcgory woii1J iiu h i e blllr, lilie Ur. Clour’s diiicrent bills and
Mr. Sheshagiri Aiyar’s bills in’qfwstion.
In 3Iarch 1993 nlthougli Govcmmcnt all~mc~d thcsc mrmbrrs nn vpportunity
of ‘putting thcir bills throi:gh the House. t h q – kncw p c r f t d y wrll that thiry
could not give adequate tinict for tllu coiisitlc ration i t f tlitsc i n , p r i a n t m(‘3surrs
of social legislation. The Jlcnibcrs of thc AsscnlLlp wcrc ovcrwJrkd with the
consideration of the budget dcninuds, tlic Financc EJI, thc C’rirnirinl Procedure
Code- (Amcndnicnt) Bill, and scvcral otllr: important Irgislut ive measurrs,
But Governmcnt werc not prepared t o fncc the criticim ( i f the party n-hich
were bent upon putting tlirnugli thcir bills. Thc bills t r f l l r . Aiy; r were of R
nature t h a t involvcd a subvcrsion of tlic wry root princil.lcs (in ahich IIir.du
Law is based, and they rcquircd ‘consitlcrui-ion in the tirst p l x c by a committce
of experts alone, in thcir rclntion to the whi:lc system of the 1Iirdu Law of
successim in gcneral. Fur this purposc a siificientlp long period of time
was necessary for collecting materials, esaiiuning aitnesscs, etc. But not only
was not such a course taken, but timc could not be found for even a curs( ry
esamination of the principles as well as tho dcxils of these bills.
The reports of the Eclcct Conimitt:.rs on ?tIr. Sliesliagiii diyai’s tKo hill3
were presented t o the Hcuw on thc 1 4 t h Jlarciit 1923, slid no date could ho
found in that month for tlic conpidcrxtion of t h s c mrasurts nlthouyh they
affccted the personal ‘am; of millions of I l k JIajcsty’s Hindu subjerts in India
escepting the last dny of the session u!wn the ~IOIISL h c d tliiiined down CW-
sidcrahly, so muck so, that at one point of tinil: 1m rhat day c2ith Jlurch, 1 9 9 ) …
259
at a,&,ut2-45 I~.>I. it wtiq lloubtful whtthtir even 55 mcmbers Kcrc present in the,
~ O l t q ~ . In +ite of the m a d e s t lack of propLr consideration of these bills and
of a proper circulation anlong thc orthodox clusees of Hindus a11 ovcr India,
in spite of the patent fact t h a t thc’rc was no dri*;ing uFgrnry for legidation from
t h e general body of orthodox Hindus thcm.stl\-es, and, generally speaking,
absence of any euhstantial mass of public opi-ion behind t.he proposed
le+tion ncccs:itating its introductirln, the m o x t vas anxious t h a t his bill8
&ould be passcd during t h e sessim, aud insisted thot no further consideration
of t.hcse measures WQS at all ncrc ssary, m u c h less any further circulation amnng
claqscs of orthodos Hindus who or w110:x~ rc1i;ioiis or social lcndcrs had no
,-,ppofi,nnitp at all of fully coniprchending nnd considtring thc cffert of these
mea6Wr.s on thoir social poiity, nnd f J f forniulatiiig their npbion with rt gard to
them. j1.e all linow how slonl>- t l i i n ~ s mo\-cin i.l!e East, especinll?- in this coun-
try. One mould IIC inclined to tliink, uctlcr tliese cirt:unistanccs. that nothing
3hod of A pcnistent. agitation tlirougli non-spapcrs or otlirrn isr, tlircctcd t o tho
.,,,jinb raiFed and estcndinp over i i n u n i h r of .!ears ~ o u l t l be siifficiiint for or-
thodox opinion to crystalix itsclf in the prcvnt unorggniscd statt of the
country. :ind tllcn again. it w3s possilJlc only for a Ilir.14 Lo(;!. r,f men !earned
in Uindu Law and in sympathy \\ itli nnd rciir(w-n~ing oirliodos okiiiinn on tho
points raised, worLicg in co-opcimtion fur R suflicicntly long s p c of time, to
evolve, and give ~1i:ipe to, a rclorni, if nccdvtl a t all? in con.con3nrt with thc
genaral trcnd of ortliodos IJindu fc.c!ii;g. J1r:n8Lc.rs of Cowrr.n:mt might be
inclincd, in an nbstract scnsrt, for suc.li ;I ncccPiiiry prorctlurc ; liut unfortirnately,
at thc snme time, Govcrnmcnt 11×1 g i q n tlimi.-clvc*s anny by allowing non-
Iliodii official nicnihcrs to .vote on i1:c bills Liion irp pcrfwtl!- WP that heing
p – f G d u s them%elvcs; t.hcir ownsj-mpathic*s n-ould lit; i;iihc .drrction.of their
own lersopal laks ; and, broadly speahin,o, t l : q WCI’L‘ h i : ~ x I . n:brc. or loss, f o
suffer from a general i~~capacity to p u g ( or apprcciatc orthodox Eiii:du feeling
on the subjcct. This Ivgislniivc m ~ d r d r w p took place in tlie naturrl scquciicc
Of things following upon the C;owrimc:nt attitude, although broad-niinded
. members .. . of Governmmt proclainiccl frtni their plnce in flic .4551-rnbiy that it
was + for
alone
the
were
Hindns
directly
alone
and
t o solve
intiin
thc
tciy
prnl,lc~r~s
conl;t*c.tc:tl
r a i d
iiiili
Ly
tlir
t h c
111.
liills
~n spite
3s these
of
pcr-
t ~ l e
‘pwlaimed neutrality cxf C:ovcrnn:cnt in t!lis niattor, t h c Inseilt I.am
lLfemtm who is a !‘Jahi:nini:itlnii bv pi.r:.u:1sim, fai!c.d t o siipprr5s Iii; r c d ferling
h tli0 niatter, and gmtiiitody intcncced in tl!c tlt.l,atc on :hc.l~tIi Fctrilary,
,1983, when the proinotrr of thc. ~iic~:iww nio\.rvI fc.r.rdercncc. of his Li!l r&ticg
t6 csclusion from lnlicritdnce t o a Scb.ct C‘crniniittcc nrmiinatcd by him. This
Hon’ble 3le+er of the C~veri!nicnt, who hiid r c r c ~ t l y arscn~cd the portfolio
of . . law Paid, :-“Tliat being tlic psiticin of rlv (:owrr,nimt ( i . ~ . , a pokition of
neutmlitp), it is hnrdly necernry for nic t o n.nl;t? :I s!:wc.Ii n~ tl.is nioticn. Pct
there one point to \vhit*h I think I niipht IN: p c r n i t t c d t o invite thc aCtc..ntion
of the &use. It has bcrn said liy niorc than OIIC sycakcr t h t the real basis of
the right 6f inheritance in Himiu T A W is t h e cn1:acity t o rerforni oLIatir,ns.
\Yell, until the passing of a ccitain en:ictn:ent: ny~stncy or conversicn to 3
religion other than Hinduism, T, as n tIi+rliialifk~t;rn for iuhcritnnre, Eecru:o
the converted person, h n ~ i n g c c : i ~ d to t:e :I IIii~dii, was thc.rwfier incaljacitat-
ed from performing oblations. Scvt~rthc1cs.s. t!ia 1 iidiaii Lrgislnturc pasxcd
*n Act known 11s the Frccdcn: o l R?!iLjGIl .\ct (SKI of I>;()) wherrly apostary ‘ ‘
2 60
07 omversion from H i n h m to another religion, no lofig& deprives s’ penoii
from inheriting to his Hindu relations." . If thc Hon’blc Mpniber had kept
himself informed of the proceedings in tho ,H,ousc before he had appuared in it
as Law Member, hc. would hava foiind that this point had h e n urged very often
by mtmbers who wanted to demolish the foundations of Hindu Lam and sociology
hp meam of irrcsponsiblc legislation. In the circumstmccs, thc rogrcttahle effect
which his rsallp uncdled for and unfortunate observations wem cslculated to
produce on the mind of cortsin members, and cspccially of his own co-rrligionists
In the Assombly, ~ 3 s that they though i t n.ou1d be the correct thing to vote in
favour of Mr. Aiyar’s bills. Wns’this evidence of neutrality on the part of the
members of Government ? Howevor, the obvious nnxn’cr to such an argument :is
the above is, that the Act was passcd by a Governnicnt possessing unqnnlified
autocratic powers, in defiance of orthodox Hindu opinion, and if the orthodos
Hinduis ever got thcir chancc of re-opening the ninttcr undcx a really reformcd
constitution, they would try and have the Act repealed. However, the Act
of 1850, such cs i t is, attempted a t 3 camouflagc in getting round the provisions
of the Hindu La\+ on the point, and refrained from delivering a frontal att,ac!c
on the Hindu system such as the rodicalism of Mr. Shcshagiri Aiynr has succeeded
in dclivering, in spito of his inconsistcnt professiom of unintelligible orthodoxy.
It mill be curious to noto the effect on t,hc mentality of our Mahornedan bret.hrt n
if a bill proposing to e n x t " that notwithstanding any rule of Mahornedan Law
equal to that of the d?u,ohter ‘: (it-., his sistcr), nnd not double thntof the latter
t o the contrary, the share of inheritance of a son in R 3Iahomcdnn familv shall tic
* ‘
as it is now, as WCR as of othcr .bills of a similar nature. Thi? will accord
atrictly with modern ideas:! . – . . . .
I n his ansicty to gct. his bill3 passcd a t oxc S U C ~ 3s thev t x e , good, nr bid or
indifferont, a,nd to nvoid rc-circulation, JIr. Shcshn,eiri AiF:ir gnvc up Bcnpl at.
the last moment, although ss a JIcmbcr of thc Select Conimittec lie himsdf
along with all of his collcngucs prcscnt on the occasion, thouqht it absolutely
neccssarp to include Bcngd within the operation of his bills. Further comment
on this lcgislative fi~sco is perliap unneressary. It WAR apparent to thc promoter
of the bills who happens to be tlic leader of a nartp in the Hocse, known ns t1:o
Democratic prty, and who n-m.conscious of the slipport of his foilowins whosi
he had canvassed, that he must, be out for 3 victory then and thcrc. nntl should
not be prepared, aa a hctitian, to open his mind to mitler considwations of
fairness and justice. He knew, perhaps, that it would be di%cult.on onotlrcr
occasion to get ten men to agree as to the position that should bc accorded to
t.he sister or other female relations of d c c e a d Hindu, or of thc sons or p n d –
wns of the daughters of the agnatic rektions of such n person, after an unnettle-
ment of the order of succcssion under the ?tIitnkdhnrn Lrfw whil*li his bil!s pro-
posed to effect. Sow or never was thercforc his tattle &::, so f x :s one can
see..
Is there no remedy for such a hopeless etate of things in the I d i a n Legis-
lature for Hindus who are not denation;:lisetl ? Will Hindu Law, and, for the
matter of’that, social legi,-l;rtion generally remsin oprn to he treated 3s t.hc
private property of any i n t i i d i d member or his folloriing in the hgislatinc
even when they arc fourid iiicapnl)lc of realisin; t!!nt 3 s to thc so-c:illcd educated
man, when he really v.nnts to c h t m y rcform, " his infli:cnrc in tLc coiiotry -in that House, spcci.dly with regard to tills intrbd‘cccd by non-
official members, saving, of course, those functions which h r e
been vested i n the Indian Legislature as a whole Ly the Govern-
ment of India Aet and the rules framed under it.
(3) Aiter a bid proposing t o affect any community has h e n intro-
duced, a committee of experts in the House map be appointed
to report on it, as to its iiierjts and defects. suggesting nieaiis
towards malting it morc perfect, or suggcstiiig iti rejection
whenever desiratle ; suck coniniiLtee, to consist iuzinly. of thc:
representatives of the coiiiniunity concerned, arid oi men who
nrc ~v-ell versed in thc spstcm of law under which the bill has
bcen prepared. The members of tliij Coniniittee should I~n.-e
power like that of Select Committees, t o examine witriessc 9 ,
call for and esanijnc documents, in parLicii!ar, puLlic pctitions
concerning such biils. This cominittee sliould be ameiial,lo
t o the instructions that map be issued to them. It will have
t o lie appointed by the Conimittee of Selection.
(4) For n comparatively free and unrcstrnincd considcrntion of public
bills by the mcmbcrs gcncrally, provision should be niadc for
a committee of the n-holc House, whcnevcr neccssary.
( 5 ) Instructions similar to those issued in the House of Commons,
Coamittcc of .Sclc‘ction that niay be nppointcd by the Hl,urc, . should issue eithcr from. the Exccutiw Gorernnicfit or froni the
with a \-iew t o giiide the couisc t o be taken hy all c&irnittecs,
whcther Standing Coinmitt?& or S&ct Coniniittccs. during the.
progress of any piitlie bill in the LegisLiture, x i t h – 3 view t o
cmsurc (L fair and j n s t trcntnicnt and to rcnioi-c: dc.ft,cts, if any,
in soch 1-ills and rt1;ll;c it piorc coiiiprchcnsive ancl pcdc ct,
spcrially in thcir rc1:ition tb ‘othcr parts of the systern of I;in- or
jurisprudence of n-hich thc proiioscd lcaislation is a part 0; Ivitli
nhich system it is intimately conncctcd.
(6) That with a view t o ensure greatcr perfcction in I(,gislatio I. to
obtain more time for consideration t h n is po.+”ii,lc unc!e: t l l ~
existing Rules and Standing Ordcrs, t o ni;il;c all nee[
enquiries and for reccrdinfi dl necessary evidcncc. n ~1111,lic
i. ill, wlicrei-cr ntwFsary, shoi~ltl not be d1awi.d t o die iii\-:iri-
al;lr with thc expiration of the lift of a p;irliiin:~:nt. and if sric.11
a G!I faits t o be pssed during thc life of ;iny oiw y:iiI:;init,r,t,
and if in the opiiiion of thc House it bliould Lc transinitt.cd to the
next parliament, it must be so donc ; ant1 ivhcrc tlic I)rcn:ot*:r
of a pullic bill CCRS~S to be a menihvr of tho nrxt pnrlianicrit
government sliould take it up thcniselres whenel-cr XI .cessary,
or plarc it in chnrgcl of any memhcr whom the Lfgislature nir.?,
nominate for the purpos, and Who may be \i-dliIJg to st:cr i t
tlirough the How. 263
bf Government in religious and social matters of the Indian Communities
through the process of Legislation, had been followed in the present Govern-
. b e n t of India Act; and legislation affecting the religions or religious rites or
usages of all classes of subjects in British India, had been kept out of the
lndian Legislature altogether and the origination of measures affecting their
personal and communallaws had been left to a separate organisation con-
sisting entirely of members of the cornmunit7 concerned, the ultimate stamp
of statuiorp authority in respect of such measures being retained in the hands
of the Executive Government alone. But any such proposal wou d requira
for its sanction &he authority of a Pdiamentary Statute, and fresh legislation
bn these lines is, it seems, beyond the competency of the Indian Lsgislature.
It seems possible, hosever, that Standing Orders could be passed under the
present Government of India -4ct in order to ensure justica and fair p!:y in the
matter of all proposed social legislation. At anv rate, something mast be
done and done quickly to meet the situation. The country is begltlning tu
cry ‘I Save me from my friends”!
JO GE -MI Ii -1 X-\ TI€ 11 CKH E Ii JE E , !,I. L , -1. Z l s t August, 19%
II43UID 261
. .
Mamorandnm by the Hon’ble- Syed Ram Ali, B.A., L.L.B.,
Member of the Council of State,Vakil, High Court,
Allahabad.
n
The Cenfral Governmcnt.
1. I wish I had a cut and d r y scheme to be presentcd t o the Com-
h i t t e e f o r introducing a substantial element of rcspoaibility i n the
-entral Government. Uut I regret I am unable to do so. There is a large
s-olume of Indian opinion-opinion entitled to tlie grcatest consideration-
which seeks to solve the prolhm by putting the ministers in charge of all
, t h e subjects except foreign a r i d poli:i(d rc1;itions and dcfcnce. ‘rlierr i,
such a C O I I S C ~ ~ : I ~ S of Iritlim opinion on the qurstioii that a t tiiiics I brzin
to cntc!rtain scrious tltr1:l1ts jr!iciher it is rig!)[ for nie t o ditfer f’roni it.
The prcat point in its fiivoiir. 1 rwoFiiise. is thxt if the scii~nie lvcre given
e:Iect to it \:.onltl 1m:wit the iiitrt.duction of dyarriiy which 1x1s been
condemned in immeasurect . terms by those who hxve -,rorited it. ‘rhe
Foreign a d Political Secretaries not being members of the Executive
Council, the only nieniber of the official csccutive left to work with tlie
ministers would be the Coxiimilntlcr-in-Chicf. It is not free irom doubt
whctlier on a strict construction of scction 36 of the Govcrnment of Intiin
Act the Commander-in-Chicf ought to be a mxnber of the Executive
Council. -Be,that as i t may, i r i s coqccded by the exponents of the scheme
th:tt a fixed sum of money not’to be put to the .Assrmhly’s vote is to’ be
t.wmarkcd for the purpoxes. of defence, which would z r w t l y rcduce the
rhiinces of friction between the ofisial anti non,ot$ci;il- pnrtions of ti!e
(‘vntral Govcrnmt-nt. Thc mai:: rcnscn why I c!o not uryc its accrptnnl-e
is t i n t I rcalisc that all thc suhjct:ts in the provincrs mi.:st bc trnn>faarrd
tw popular control befvrc ;L :;cbst;l<itial elcrutat of respclnsihility is intrrl-
duced in the centre. Another impiirtant consiclrratioii is 1 Iic prcsmt
narrow electorztc for the Asstrmbly. I attach the prcatest iniportiincc f O
enfranchising very large +petions of oiir population. Objcciton is tak<!n
to ti12 exibtiiir eicctor;itc on t l r o grnllntls : its qu:intity ;incl it.; c1n:ilitI:
Tile fairest and safest \ray of cstcnding the franchise being to incliidc ;ill
those classes who will fee! tho incidcncu of new tnsiition irn~ii)s~~1 11y 1111:
men they return. I wonld Tire tlie vote to e x r y pcrwn who pi~ys an!’
C’entral. provincial,. municipal n r local tas. I woultl also do av::iy with
the artificial distinction on which volcrs f o r the ,\ssclnbly m t i VotCrS f i r
a Provincial Council are rpgistcrcd. Thi:; woiild ~ i v e 11s an clivtor:itt~
strnng in niimliers. The scconll ol>jcutic,n th:.!. thc rlwtors :irr iliitr.r.1t.J
and not c;ipaLlc of fnr!ning an n~iinioii on politicb;il issurs is witholit forw.
‘Trne. ;I large pruportinn of tlii!ni is illitcratc but thr test of lityrary can-
not bc a test of unircrsal application. nor is it always a sovnc! &.;:.
hIr. Lionel Curtis. who dcvc.tcd consirlerable time and encrzy to a stut!:.’
of Indian conditions in 1916-13 and whose services to India have d r a i n :l.
tribute of appreci;ition eycn frcm thnse of my countrymen who felt scepti-
cal abnut his activities. mn!rt.s thc follo\riny o1)rervation in diseussinr tho
capacity of 9 rnraI v o t e r in Iiitii;i :-” Sneaking of my own villnge in
England. I would trust the l).)liticai j1tdFmrnt of a small holdcr who coiiltf
not \mite his nane. more than I ~ ~ – f i u I J t!int of the Si-hoo!mastcr imported
from London ". -%s one cor.:inc from a villapr anti who in his profrs-
sional and pnhlic c;lp?.citir; h n s hrcn in close and con*:tant touch with the
?1ir?I poiinl;itiitn T pan s;iv tl!:tt thr illd1i;in ~yit-:1lt~1r!~t. thirnIrlI il1itw;ttP
. . S, nc: Y;:IEI In** ci.L,,:. :I: i:!tL*’!izlycc , ) r pr>ctic.aI wisdom. 11,: A:C~ not mderstand your currency and esclizngc questions or delicate constitutional
problems but he does know what is good for him a ~ d , generally speaking,
.for his country and yhieli way tlicir interc:its lie.
‘2. As poBtica1 life is a series of comimmises between aliernatives,
and those too not always of the best, I ~ o u l c l malie an altercatiw proposal.
There is a clear distinction between the functions of the Central and
Provincial Governments. The lattcr arc clinrgcci vcith day-to-d;iy adminis-
tration and it is the Governiiient of !ridin that gcner:ill\- decitic oiy qucs-
tiom of policy. Conceding that tlic exerci.ic of more caution in the centre
is justified i t is unjustifiable to refnsa to improve tlie pre:jent coristitL1tio:i
:which- in a way courts deatlloclrs betn’een tilc Esrcutive iind Lqidatiire.
‘In fact it is open to question whctlicr thc forcible objwtions urged by
‘&.’Montagu and Lord Ckelmsforti in t ~ i c i r rrljort a p i i i b t the ~oiigrcss-
League sclicme do not apply with ei1t:al force T ( I sonic of the provisiocs
of the Government of India Act. l’lie basic 1iriiicil;lc of that :clici~c was
‘fie investment of the Legislature vriili 131c iI(J:\cr c~f the p:irx. i3’i’s-t 11:s
been given to that principle to an apprccizble cxleut. Euc tlie working
of the Act has shown that i t ought to hni-c brcn ilccon1Il::liictl by tlii: t r q s f c r
,ijf some measure of responsibility to tlic reprcwct;itivcs u f tlic people.
P h e error,can only be rectified by pIacinx scrtairi c!rpir!mcnts in charge
tiiiny iiitc clyu*liy which
11 bctler tlinn tlic present
dc:iniie t u do. I do not
&e of emergency. . .
I
eiinn I ) P I w ! ~ ~ it iliitl tlie
itc their reliitioiis more
nitics of tr:iini:iz t o tlic
higiicr rcq)onsii;iliries in
ibtruti!in oE t!ic Iiiinisrcrs’
the Executive L’oiincil i n
. To improve our f i t i o n s with the Indian St::ies it is dcsiralile
3 Ruling Princes and Chiefs sh;iuid be fioniinatd as nic:r?lers of
ral Legislature. I t is unfortnn3:e that tlit pnn-cr tn!;rn under
64 ( 2 ) of the Act has nnt hitherto hccn cwrciscd. T k Chnnibcr
ces is the body whose serviccs can be utiliscd ii? t!iis conncctiun.
ther reform which reqiiircs an anivriclrricnt ,IT? :lie -1c.t.’ is the
its President by tlie Council of State. ‘r!itt elcclril elcxncnt
a majority it is repucywn; to tile silirit of tiia wristi:ntion t!iat
er of appointnient vests in tlifi ‘L;,\vcartior ( ~ ~ : i ~ ~ ~ r : i ! . To set tlir:
i n norking order i t was noc v;it!!;;ut ji;sti!i~~:~tinrr. it miclit
ve been necessary, to haw a n nlXcial prcsiclcnt. E u t t h e tinic h~
f o r entrusting the poker t o t h t Coiirivil.
ure as f a r as possihle tlic co-oprrntion n f Exroprnn rommercc
o-Indian Community I w-oiilrt not hrsitati! tn civc tlitsr!i-onc
seats. I hare no doubt. tlixt Eiirnpean conrnierrial interests
ectl7 secure i n the hnn& nf Tndi;ins. India h:u nothin.: t o
onising such interw1s :ind h;is n ! x ~ y q 1)ri.n rriirly to mcet
. Nor are KO Ips:; (Itasiroiiq I ) € wnr’:::ir h i r t ! i? hnnd vith
Tliniir11 I I ~ t h (?tii!ntn- t!i-r h : i x ?.n
Tt is f o r
lo-Indian fellnw-siihjc.ri i.
ate tendrnrv of 1nol;inZ 111:c:n t!!prii+l–o.: 2 s n:i!sia!,- it
in their confidencc by showin-. fn\r:!rrlG t1ii.m :L qpirit n f coodlrill
Dcpressv(i & i ~ s ( * ~ -IiriIr!:1 :i1-.c1 t y y i v ~ n r:~pr~..;t.ritatii~n in the lay. gcncr:ilty
269
oE far-sighted Indiam and knglishmen to have recc;;?rse to .communal
and special representation. Originally devised to redress the grierances
of the Mussalmnns who prol-ed by facts and figures how they had been
swamped, to’quote from the address they presented t;, Lord Illinto on the
1st .October 1906, by a n I ‘ unsympathetic majority , the principle has
since been estentlcd to srrernl otlier communities. And it is well that i t
has been so extended for verc i t othcrmise i t is a n opcn secret that the
minorities and edilcational!y baclmnrd communities would not hare lent
their support t o th’c demnnd f o r constitutional advance. -Lord Olivier’s
private letter Khich was nnfortunntely allowed, to be published a couple
of months ago and thc evidwce of certain witnesses before the Committee
have produced fecliiips nf alarm in the SIosIim community. In fact even
prior , t o i t loud n-crc the ccmplakts raised by Benpal and the Punjnh
against the CoIi:rc!;s-I~c:lglie compact. Tlieir objection is that it is iinf:iir
and unjust to convert a majority into a minority. A resolution was nclnptcci
by the Ail-India ?.Ioslim Lttayii: at its last session t o tlic siime effect. A
brcacli of tlic roiiimict 1)y the noc-?Ioslim mcmlicrs of thc Vnited I’rovinws
Legislatire Council in fisinq JIoslim representation a t 25 per cent. in t!ic
cnse of thc#District Btr:irils inste;itl of 30 per cent. as mentioned in the
compact formula, has certainly not liphtcnod the task of those who n ri:
rnzaged in placin: thc re;iitions of the two communities on a more stnl)li?
footing. It. is hardly necessary t o .recall the fate of the " Bcngal N:iticrn;il
Pact ",. .\\-lint will h a p y n to tlic minoritiss and b;iclwnrd comrnunitirs if
communal representation is nbolislied ? On the assumption t h a t they were
coerced into submission. .it.woidLl result i n the inauguration of a n olinarciiy
instead of a democr,icy. It is Somewhat significant that’though the JIns!im
mcmbcrs arc itot cxnctly in a ni:iji)rity in -the Punjnb Couiicil.’commun;il
rc;ircsrnt:ition 1i:ls- 1)ci.n cnntlt.nincd by its ex-minister. Vicwred in this
li!rht I lt*:ivi! it. t d ini;xir!ial olwrvcrs t o jud:.c what must be tlir f w l i n ~ s
oP the 3ru:;s:ilinms in tlic proviiircs wlicrc their rcprcsentation r:hipv
hr)t\wen 15 iincl 33 pcr c w t . I n my jiidcmcnt wc have two formi(1;il)le
nlistiiclcs in tiict way of nur prttin:! full self-government ; tlie unprcnxri’il-
ncss of tlie Country, n-hiitever niny hare been the cnuses. to iindrrtnltc i t 3
c!t~t’c~nct! ant1 n 1:1cli of tliiit srnsc of confitlcnce bet~vecn claw a n d c 1 ; i ~ q
which asserting itself in n n r i c t y of ways in our day-to-day life impi~ri:elit i l l .
1y operntrs to chpcli a riipiii Frmrtli of the truc spirit of eitizcrisliip. So
irresistililc is this t ~ ~ i r l m c y i1i:it a t times even 1ii:lily etlucnted pcoplc. ~ 1 1 1 )
niiglit. to laiow Ilrttcr, iict in a rnznncr which s i i r p s t s as if tlicy bt:lic.ve
t h a t they will WI!X o i i ~ 5nc Iiiorniiig to fin,d tliiit Swaraj or self-govern-
nicnf has conic wil!irtiit their be!ng required to work for it. A rcc-isnt
eiisc in point is fh(\ ixl.zrw coniiiierit of the I’ Leadcr "-which
rc!irrscnts the v i m s of tlic T i i l ~ l m l p a r t y – o n the selection of a scnicir
Noslim Deputy Collectnr to officiiite as Deputy ReEistrar of Co-opcriit ive
Societies. The editorial note which is headed I ‘ Favouritism " sii:.pcsts
thnt tlie claims of a fTindu ciintlidnte have been passed over bccnusc the
minister in charge of thc department is a hIussalman. I \voulJ not Iinvc
taken any not.icc of this Kritinn but for the fact that the editor of the ntnws-
paper is a pcntlemnn who till last year was himself a minister in iite
United Provinces. We are not. concerned with the merits of this pnrticu!;:r
appointment an>- ninre than with those made by the journalist-ministpr
during his tenni-r of of7ic:c. The pcint is that if an ai)pointment cnnn.,t
be criticiscd n-itlioiit nttrihiitinp i i n w r t h y motives to the other cnlnniiinity,
India must wait long bcforc shc can qualify herself for com@tc sc1I.
p % i i n i c n t 269
12. The benefits of the rcform schemes of 1909 and 1919 were not
extended t.o the North-West Frontier Prorincp. It is inhabited by a
manly people endowed with remarkable’ intelligence and strong commou
sense. They have made satisfactory progiess in education since they
separated from the Punjab. Of late there has been considerable political
awakening cnd they bitterly resent that all opportunities of political
advancement hare been denied to them. Nnwab Sir Abdul Qniyyim
Klinn, a nominated member of the Assembly from the Province, forcibly
pointed out their grievances in the discussion on the autonomy resolution
in February last. The report of the Frontier Enquiry Committee, which
will soon come up before the Council of State and the Ass~mbly, has
made out a strong case f o r giving them liberal reforms. I would suKgest
that, if necessary, the Government of India Act should be so amended as
to give free scope f o r satisfying the poljtical aspirations of the Frontier
Provinces.
Thc Council of India.
13. T3ere may hare been a time when i t was necessary to hare this
Council. But it is opcn to question wliethcr it performs any useful func-
tions now. Its main business is to czcrcise R rigid finaccial control which
ill accords with the development and ::rowth of represciitntive institutions
in India. I mould suggest ity abolition. Memorandum by Moulvi Mohd; Yakab, M.L.A,(, of
MorAbadl
Personal.
As a prehde to my obsemations, I write a few word3 here BS to MY
oapacity in’mhich I am addressing you on the subject.
I am a member of the LegisIatire Assembly, representinp an important
section of the Nusalmnns of Ebhillihsnd and Kumaon Divisions. I am
one of the oldcst members of the All-India 3Iuslim League and a member
of its Executive Council. I rcas a trustee of the late 11. A. 0. Collcye,
Aligarli, and am now a member of the Court of the Aligarh Jfuslini
Unirersity. I m-as the first non-official Ch:iirman of Moradahad Municipnl
Board; r n j election being unnnimuus. And I am the senior Vice-chairman
of Morndabad District Eoard for the last 9 years.
Preliminary.
Before denlinz with thr question of Reforms. I wish to make it eIem-
that I do not consider the present enquiry as a satisfactory response to the
Resolution of Demands passed by the Legislative Assembly in K’ebruary
last by a n overwhelming majority. Nor do I consider that any rrfurm’s
within. the Government of India Act 1919 (9 and 10 Geo. 5, Cli..lol I can
lead to the ‘ I ‘ progressive pglisation of responsible Goveniment i n British .
India." Ilomercr I do not f a l o u r the idea af. .boycottin@ the ‘prewir
enquiry, defrctive nltliongli it m:ip be. And I cio hot think it n’on1d:scrw
any good ptirpov! to k c ~ p ourselvrs aloof from the cnqniry. R w p i n ~
this point in v i m I vrritiirc to siihmit my stntement to the Commitirca,
althouFh I tliiuk my oliserv:itions xi11 not add ingenuity to the inforinn-
tion mhicli thc Conimittee has ;ilm:xly received from the instructive and
illuminating staterncrits of vct.ernn politicians and experienced stntcsnien
of the country. It. is quite cvidcnt that I hare got r c r y IittIc 1ir:tctical
eipericnee of t!ic Gorcrnrncnt of India Act of 1919. ant1 nlthoii~h I have
bwn ta!<inz sonw interest in the politics of the country for almit tlic last
16 years bnt my espcricnce of the Indian LegisIntive Councils is of n very
reccnt A t e . thwcfnre, my stcitcmcnt will naturdly assiin~ the foriii of.
general obscrvatinns.
The power of Indian LegisIntnre.
Coming to thc point. I be? to sitbmit that I do not cnn:;idcr the prrscnt
Lcgislal i x hni!im. both prol-inrlnl an? central. morc th;in ortliniirj-
strdents’ debating socictirs znd nnless the acts and resohitions p:iscd bv.
these bodies. at lenst sirch of them as do ndt relate to.the defence of tlic
Country and its relations with foreign powrs. are declared as liavinq
a binding force without the sanction of the Governor or the Gorernor-
QencraI, as the cast: may be, there can be no realisation even of a shadow
of responsible Government i n the Country.
I would thercfore propose that sections 12, 13 and 24. suh-sectinn (4′:
of the Government of India Act, 1919 and sections 68 and 69 of the Govern-
ment of India Act of 191.1, (5 and 6 Geo. 5, Ch. 61) should be miended i n
the light of t h c observations made above. 271
*’
Power to fl% the time and duration of the Legislativb Sessions.
The power of fixing the time and duration of the Sessions of th$-
Legislative bodies, which is a t present vested in tlic Governor-Geseral and
t h e Governors of PrQvinces is a great check on the mdependenee of tkc!
Legislature and hampers the business to a great extent. And the mituse
of this power renders the Legislature altogether helpless and impotent.
The Governor-General and the Provincial Go-(ernors, have got an UII-
restricted power to postpone the calling of the Eessicins for any length
of time i n order to avoid discussions on important and momentous queu-
.tions. In order t o avoid this eventuality a proviso should be added t o
section 3, sub-section ( 2 ) and sectiou 21. siili-scction ( 2 ) of the Govern-
ment of. India Act of 1919, t o the el’fect that if two-t!iirds of, thc e1ectc.d
members of any Legislative liody apply. in writing, to the’ Governor-General
or the Governor of a Province f o r holding a Scshion it i\-ould be- incumbent
on him to call a session within a month of the date of receivinq the requisi-
tion.- And.the duration of the sessions of the Lczislature should in any
case be left to the discretion of the body concerned.
The Council of the Secretary of State for India. . .
The Council of the Secretary of State f o r India is a useless body and
a coititutional innoration. If no other cabinet minister. epeci:illy the
:ison wliy the Secret;iry
d tlicrefore suggest tLe
The Army.
representatives of tLe
mntterg. Tlh: CentrA
i n India and the iq~icu-
tioc’af determining the proportion of the E u r o p e p and Indian soldiers
Ehodd.be left to the vote of the Legislative Assembly.
:In this connection I’n-ish t o record my strong protest an;iinst nn Amp
Order by which the JIusnlmnns of the Cnitetl Prnvinc.Ps of ilrr? and O i i c l l i
nrc .debarred from entering tlic Army. I conxit1t.r it n g r w t slm I I ~ ) O T I
the Musalmnns of my Province and I .n-o~iltl strongly ~ r g c rllc rI!!Tlov:ll of
this objectionable order, 011 tlic other hiintl I v,xiiiId rccorr~mcnc! 3 larycr
representiltion of my co-rclizionists in the Army. The JI :isalmans t!f
India .being back%-ard in 2iIzlicr ct1uc;ition :ire not grrrinq tllcir pro"cr
an!! due share i n the civil scrviccs o f tlic cnli:ltry, for iii.it;int~c ~ h c jlldicial
lint, of my prcrincc is nciirly x-i1wd oii: t!ic J ~ ~ I ~ ~ ~ I I I S . I n crd:lr t o remove
.the dissatisfaction a m o w the J l l d l n n n s , x!!i<-Ii is rno.;tly ti11ct to th,.ir
gpcuniary distress, it is hi:?ily JciircLie t I i ; i t tile tIoors of nlilitary services
should be kept x-ide open for t!xi:i ant1 they shoultl be afforcied gre’ater
facifities to join the Army, for which they are naturally more suitable. ‘
The Dyarchy.
I have got no persona1 esprricncc of tlic Provincial Councils and
therefore I cannot makc any oI).;!mxtions on tIit: siic!rrs< or fniliirr of t?ia
90 much talked of dyarchy. I can say onIy this much that, on principle,
the .BIinisters should be clcetml liy tlw Coiiri~~ils. h:lviIig duc rcgiird to the
principle of communal r r p ~ ~ w ~ ~ r ; i I ~ , I T I . ;Int~ ~ l ~ ~ ~ r i ~ ; ~ i 4. . . : I ; I – – : ~ ~ C ~ : O ~ ~ (1 j t i ? the Gove’ment of India Act of 1919, should therefore bc an?r.udcd in the
k h t of tho aboyt! obscrviltiuw. 2i2
Under the p r k ~ s i o n s of the Act, at present, a Provincial Cforernment
CC almost a n autocrat and his Ministers are i n no better position than the
Assessors in a Sessions Trial. In order to give the Reforms some shapc
of reality, i n section 4, sub-section ( 3 ) of the Act, after the word ‘‘ unless ”
in the third line, the words “ only in cases relating to law and order,”
should be inserted.
. , ’.
Provincial Autonomy.
I am not in farour of a n immediate grant of Prorincial Autononiy.
With the present autocratic poircrs of tlie Provincial Governors and tllc
impotency of the Legislative Councils, I fhinlr, Provincial Autonomy mill
do more harm than good. I am more keen for an extension of democrrrtic:
powers i n the Central Government than in the Provinces.
The powers of the Governor-General in Council.
The wordings of section 33 of. the Government of India Act bf 1915 are
very wide an$ they confer upon the Governor-General i n Coiincil mi-
limited and unrestricted powers to do or undo mhatercr he likes. Untlcr
the corer of this section the Goveroor-Gcneral i n Council can Suspertd
and frustrate the who constitution of the cauntry. I would thercfnrc
p?opose t b a t * b tlie section mentioned above after the.words. “ rested in
the Governor-General i n Council ”, the words I ‘ ‘s+ject to the law ‘for
the time being in force i n the cotintry ” be added.
representation. Co-unel .. .
There is hnrdlp any section of JIiis!im opinion in Inclin which is n.)t
very kcm about the scpnrntc coininiind rcprc:sentation of the Jlusiilnians
on all the controlling bodies, whether dected or selected and nominatetl.
For the ‘ I Development of self-governing institutions ” and t.he
realisntion of I ‘ Responsible Gorernment in British India, ” I eonsidc‘r
the principle of communal representation as indispensable. I do not
consider it as a nrcessary evil o r a temporary method of elcEtions, on the
other hand I eonsidcr it identical with thc. principle of protection of
minorities, mhi.cli is rccognised qnd acted upon by all civilisetl nations of
the world. Democracy means a form of Government in which the supren:(:
power is vested in the people collccti~ccly. Thcrc can be no real Deinocwey
if the governing power of the country is vc:;totl only i n the liands of m e
community or one section of the population of the Country.
Commnnal representation does not denote the distrust of one com-
munity torrards another. but it only prorides suit;ible and convenir~it
method of elections i n a h u y country like ours wlicre it is impossible fnr
an ordinary voter to be acquainted with a candidate not belonging to his
commnnity. In a country like Indin the predominant community, withcut
any dishonest motires. is always likely to swamp the minorities if there
were no separate communal representation.. The difference betwen the
religious rites and social customs of the tn-o Treat communities inhnbitiiip
India, .is- so -great thnt without any prejudice o r corriipt motive on the
part of ’$he mnjority thc interests of thc minority arc hound to suffrr.
Therefore i n order to safe-guar$ the interests of the minorities i n India
their representation, in all the institutions of the country must be scparate
and ‘effective. 2i3
Hi.L.9.
Communal friction and its effect on the political reform.
This leads me to the prc-:cnt state of relations betwcen the Hindus and
the Jlusalrnand in India. 3Iucli has been made out of this unfortunate
eitualion by the Anglo-Indian and reactionary papers an& persons in
India as well as i n England. I do not wish t o minimix tlie present stete
of feelings between tlie I-Iindus and the Nusalmaiis. It has no doubt
areatcd a r e r y grave and serious situation in tlie country. and the csi:itinq
state of things is calculntcd to malrc US all. Hindus and JIusalmans. to
‘keep ,our heads down i n shame. -UiIt it is ii1,siix-d to Siiv that India is
not fit for responsible Government becawe of tlic internal disputcs between
t h e Hindus and JIusalinans (luring the last three years. I n a large country
of the East, like India, where religion v.-eilds a great power. inhabited by
heterogeneous popnlation, i ~ s it is. eomplcte concord and liarmony betc-ern
different communities is impossible. Of course the present dcploratle
p d abnormxl state of affairs, which i:; t o a great estciit due to tlic Covcrn-
ments blunders which forccd the country to ncn-co-operatian. is only a
re-zetinn nf the activities of the iCnor:int and misyiided mzsses and i q
boi:nJ i u n,.:l:ne a normal shape a f t r r complctinr: its iiiitural course. Evrn
non.1 c;in see a silver line of light and hopc shining a t a dist;incc through
the darl; clcili& of coniinunal frictions, which brought tlie unity confercme
at D e k i ic!o being. IIowerer no country in t!ie world was ever deprived
Wit+ n:iri.iriil right of self-Government on account of iiitcrnitl disputes ;
Ix-eh! provides the latest illustration of this formula.
sion of facts to say that the
rcrnnicnt ;inti tlliit
on. I h v i n g g r m t
JIusalmar.9 of tltd
, I can make bold
of Arabia-are net
e in this direction, on the other hand the reIi=. " 11: 111
1endvr.s < i f t!i? JIusalmans who hare a great hold ,upon the masses, are
mnih nla-,rr ;ihead of the Hintlii priests in leading a fonvard march., Pi&
tectio?: of minorities being the chief factor in a democratic constitution,
the 31!i-:L!xins of India cannot be opposed t o the advent of tliiit form (II
G n w – r i n ! ~ ~ r : i in our coiintry. And a Irue 3Iusdniiin c::n riercr be afr:iiti
of bc:rF t.:.nshed by the IJindus. it is against thz real spirit of Islam to
,
foster SI:C!I cowardly and timid idcns.
Conclusion.
‘I!.:,w. in my opinion. are oiir mini;iiurn immediate tlemnnds. Of
comw tl:~-:. measures will, gr;idiially. Iinve to be supplrnicntctl 1,y a graut
of fnl! rc..;.onsiblc.Govcrnniciit. snitdde t o India. I believe my statement
$.very moderate and I mi asliinp only for a small instalment of further
rpforxcs i n the direction of.self-Government. The time is more than ripe
for such an imtalment beins Frantrd and I trust that my appeal to the
6ernhc.r.; of British Parliamcnt. in whose hands lies the final settlement of
the ksw, will not ‘hare been addressed to them in vain.
MD. YBKUB,
ed Moradubod, the 31st Octobcr 1924. 27%
Memorandum by Mr. C. Y. ChintlimanL ex-Minister,
Unitad Provinces.
TEE WORKING OF TEE REFORB%S.
As I understand that it is chiefly because I was a Minister that I have
been honoured with the Committee’n invitation to place before them my views
on the working of the present system bf government, I shall at the outset
relate how it worked or was worked in the United Provinces between the
January of 1921 and the May of 1923, the period during which I was Minister
for Education and,Industries (and several other subjectq), h t to his Excellency
Sir Harcourt Butler and next to his Excellency Sir I\’illiam Marris. Pandit
Jagat Narayan was my colleague as Mlrlist !r throughout this period, the F!on.
the Raja of Mahmudabad was Home Membzr in the Executive Council and Sir
Lndovic Porter, Mr. S. ‘H. Fremantle and the I-Ion. M i . S. P. O’Uonnell held
the office of Finance Member.
.2. Rules of Rzenctive Rusines.7.-The first business that was considered
by the Governor (Sir Harcourt Butler) a t a meeting of the whole Govern.
mt mae.the adoption of what were called ‘ Rilles of Executive Business ’.
“Model Rulea ’ .had been receired jrom- DeQi ‘th liberty to the. Covcnior
to accept tkem BS they were- or with m o d i f i c a t ~ o ~ ~ ~ . P a l l ~ ~ g u e afd I were
at once struck by a few features of them. They contemplated for the Miiisters
a positidn differentf€om and as we thought, inferior to that of inembers of the
Executive Council. And they throughout provided that t,he Governor aoiild
act with each Minister scp.iratcly, not with both jointly. My collca~mc and I
eucceeded in getting the ‘ Btodcl*~uIes’ amended to this crtcnt,’ t!int the
pasition of all the members of the Government would be .eqri:d and siniilirr in
their relations with the Governor on the one side and secretaries to Governmeiit
and heads of deportments and officers generally on the other and.in the matter of
obtaining papers and information relating to departments other tlim their
own, and secondly,‘ that the Ministers would be jointly responsiblc for all
In respect of thi: latter acts done in the transferred departments. were
first met by the Govarnqr with the objection that this was not contemplated
by the Government of India Act but his Excellency was satisfied on a perusal
i f the, Joint Select Committee’s report that their joint rcsponsiibility should be
ieogpized. The Rules as amended mere still defective from the point.& view
&.%histem and also, in my opinion, not wholly in conformity with-the Act or
.perhaps even t,he Instrument of Instructiuns to the’ Governor. The prescnt
Governor thought to modify them t o the greater prejudice’ of Ministers but
listened to a protest and did not carry out the scggestion at least n-hle he acted
wlth his late Ministers.
DYARCHY. . . .
3. At the very outset Sir TTarcourt Butler avowed pulJicly .and privately
his intention to conduct his Government as an unitary Govemment. He had
becn most strongly opposed t o the dyarchical wstrrn, and held the firm con-
vir.,ion that it would not and could not work s~nootlily and ~atiufactorily. His r i r n not. hnring preraileil. he snit1 he ~ 1 ~ 1 i l r 1 in actual nor?iin< act to the
farfhest extent the Act permitted as if there w r c not a Go\-ernnirnt divided
into two parts but an unitary Government, that he would observe no distinction
betreen one w t of colleques 2nd subjects and t,he other. I t was duc to this
tllnt Ministers did not prcss bcyontl ii certain point their suygestions of larger
amen2rnpnts in t h e Rulrs of ~sec.i!tLeE~isiiic.FS iis t1ic.y xould hare emphasized
the dynrchical iintliii: of the Co\-ernment. The good-will of the Gorrrnor was of
eiiprcine importanre to them every nionirnt of ihcir existence as his col!eagues
in vicw of the large tliscretioiiary powers with nliicli he was endowed and of the
aii!oi;nt of biisineis they had with reserved dep:irtments. Rezides. the poner
r,..ted with tiit, (;orernor hiniself to settle tlinsc’Xiiles finally. . The same in-
t?ntions and detrrriiination wliicli the Govcirn:)r avom-ctl. n-ere stated with
eclrinl he:lrtincsi act! ein~)ha& by his principal collcn,niie Sir Ludovic Porter,
Fi iiiiice 3ienilJt:r mtl I-iw-l’w idciit :if the Esecutive Council. Sothing was
left tlint could tie desired in their openness and cordiality and their spirit of
helI)iulne-;s. niid ns I stated pii!ilicly a t the time the llinisters felt that they had
an ideal c!iief anti ail idcd collrn~ue to act with and that it required an effort
of the mind t o rcnitmber that. they were part of a dyarc!iical Gorermient.
4. It KAS a litt!e 1ntt.r t!iut thvy di.xovrretl that n-hile .meetings of the
whole (;o\-rrninent n-rie bcilie held on tlie Jlond~ys, supplemented not iE-
‘ freqrientl:: hy onc or ii:orc .itltliticn:il nicrtiiinynn other day3 of the w x k , and
wiiilc no ?ppar:ita’ rntv.tii!-? t 1 : ~ Cov;sr:i,)i with his JIi;ii.-:clrs wrrr provided
for, . m e e t i q of t l i l s >::<I ivi: i’oiinril w’rc l h g hrltl on the ‘rl’iiuradays.
-‘I &en aslied the !;o-.-rm i?mut tjiis aiiil xiicrrstvil tlri:t ciil1t.r t!irse niiyht.
alw nust-t his two Miaisvrs t ;gct!icr e\-cry wccli,
‘iAt wasmet by tIic%rcsI!l:,- :!),it Ts ~ : i i i : ;is tiit: .\ct S : ~ G ~ I it did I:c 1i:!t1 no option
be abandonad or 11(: nii:!ii
bnt’to hold nict.t+ of r h t , 1; I;! i w (~oiiricil. :iritI that hc saw 110 nwt*Ti:y
for weekly niei.t;ngs of I Go-;tari:or :111(1 1111. two llini:.icrs : h t a wou!tl cal!
themtogether n-hcnerrr tiiv r.t:,~l \v:is n1qi:~rciit. It \ v ~ s soiiit~timci later still
th3t the 3Iinist.ers fount1 t!i:it cnntrnry to thc ex;)rrtntion crcb:itt.ll in thcir mind
,they were tiol bcirig t;llicn inio con1itlcr:cc on rill ;ulijccts. The firT iliiportant
matter ept. froni them, according to tlicir iiifornmntioii. as :1Tt5frrcal:W froni and
meinor~ndiini prepared for and cvidencc given before the Jlilitxr;; I<tyiiire-
ments-Connittee of 1921. In the same year differeiiccs amcu l l r t w e n the
Governor in Council and the Jlinisters over the Outlli Rcnt Cill, the latter’s
view not prevailing, and over the prowcutions inr.titntcd uiic1c.r t ! ~ c Criminal
t. P a r t 11. In tlie fo1lonii;g !car they wim. iieit!ier con-
about the reference from tlie Gorernnirnt of India on tho’
s Rules. They firgt read of it when tlitt ncwpcpcrs report-
0x1 behalf of the Governor in C’ounril by a dcprity aecrctary
ters discovered, too, that decisions reached at mce:icge of
ment were not carried into effcct in aii cases. that sonictimes
d or rescinded either by the Corerrior in Council or bp the
emtbout the knowledge of the Ministers. that they were titlien
ce and consulted at certain stages of a subju,ct but dropped out
heir knowledge) at later stages, that. somrtimes they werc
mled. They were reminded, too, on occasions t h a t
.Unitary b u t dyarchical, that horrever the Governor 2 76
might be ansious to condurt the Government as one whole it was not in 1i.s
yowx to override the provisions of the Act. Jyhile in the beginning and Tor
somaconsiderable time Xinisters could rely upon-the Governor supporting tllern
in cases of disagreement between themselves and the officers of their depart-
ments, they had not that assiirance in their sccond year of oifice and on several
occasions resignation as a protest came nell within the range of probabilities.
6. I n a word, the whole spirit of the Gorernmcnt underwelit a disaErer-
able transformation. The system had worked well j u s t in the measure in which
‘ dyarchy ’ was departed from, while misiinderstantlings, differenccs and fric-
tion became only too frequent after ‘ dynrchy ’ came to be a fixed idea in the
Governor’s mind and to be observed. JIy colleague and I could not resist thc
feeling on several occasions in 1922, that if we had been cordially wdconird
into the Government in the first year :ve were in the second year only beiiq
tolerated. If still we stayed 011 and endeavoured to do our duty to the best of
our ability and opportunities, we did SO only in the conviction that we ougllt
not to desert our posts as long as ive retained the confidence of the Legislativl:
Council and mere not finally overruled by the Governor in our own departments
on any material question of principle and policy. Besides, Pandit Jagat Sara>-an
had on hand the District Board’s Bill, to which both he and I and oiir
supporters in the Council attached Ereat iniportance as a measure which for
the first time would make local self-governnjent a reaiity in tlle’rurnl arcas
of the United Provinces and we were desirous of seeing it placed on the statute
book. The varying.attitude.of the Governor towards this very measure-whit h
in realiti we idherited from hiinself as Lieutcn;rnt-C;o\,i:rnor–nt gricwssive
stag= of its progrcss through the Legislative Ckmicil, aiid the JiiTicuItier w ’had
t o surmount on this,accoiiiit illustrated quite ncll the ernlxbrr:Lssing anrl tIi:inI,–
less position of Ministers in the present systeril if they had no5tIicpnuiric and
unqualified support of the Governor, ~ 1 1 0 is not a consritutioid goverlior but
has an abundance of power reserved to him by the Act.
7. I have said that there were meckly meetings of the whole Govcrnrncnt
and not inhquently, more meetings than one in the space of one week.
I should add that this was how we began. Such mcctirig gratlually I)ecarnc
less frequent until at times we had not more than ORC in the month or eve11
dnc in ;1 couple of months or more. ‘ JI’c began tliis Government wit11
‘profusion of rceekly Cabixts : it has ended in guwlerly meetings,’ said Sir
Willianl Harcourt of Lord ltosebcry‘s C;ovcriinic~it. Very much tlic same c:iil
be stlid of the Government of the United hovinccs. \\‘it11 the advent of a ncw
Goyernor mother change cunie over the situation. Sir IVilliani JIarris s t n t d
at his first meeting that he had held meetings of tlie whole Government.in Assam
because he had inherited the system from his predecessor and that he would
hold them in the United Provinces because he found liiniself in a similar po-itiou
here. During the four months and a half that Pandit Jagat Narapan and I
had the honour of being his colleagues we saw that no subjcct of any grcat
consequence %-as or was to be consiclered a t such meeting3 ; that it was a:id was
t o be ‘,dyarchy ’ all over and mudl more thau the Joint Select Committee’s
report showed t h a t they had in mind. His Excellency also expressed 3urpris.s
at the employment of the f o r n d a ‘ the Governor acting with his Ministern ’
and at the recognition of the joint responsibility of JIiuisters, as well as a t tLe
&c!iltl.tiou to them of pperi rthtiiig to t!x sphere of thc Cuvurnor in Cou!ic~l. &ould be collective. They said : ‘
27 7
It in an well t o quote here from the Joiiit Select Committee’s (second) report to
make it clear that it was their 6rni intention that the responsibility of Ministers
s.. . . . .Thecommittee think it important t h a t when thedecision is left to the minist+
rial portion of the Government the corporate rrsponsibility of .\Linister should not be
ohciired. They do not intend to imply that. in thcir opinion. in every casc in which an
order is passed in a transferred department the order should receive thc approval of all the
ministors ; such a proceduro would obviously rnilitato n$:iinst the cspctlitious disposal of
busirlcss, and against the acccpted canons of departmciital responsibility. But iq cmeS
W.lir-11 are of sufficient importance to hare called for discussion by tho nhoie Goserninent,
tliuy aro clearly of opinion that the final decision should bo that uf one or the other portion
of the Governmcnt as a whole.’
Rllt it shou!d be added that in the Act itself I have not been able to find anything
oil this point.
8. Goreynoy and .~Zi,iisters.-~ection 52 (3) of t,he !h-ernment of India
Act lavi down that in relation to transferred subjects the Governor aLalL be
guided by the atlrice of his JIinisters, unless he sces sufficient cause t o dissent
from their opinion, in which c u e he may require action to be taken otherwise
than in accordance xith that advice’. (My itnlics.) The reserrntion may be
*aid to have been annotated, but in fact has also been enlaryed, by the Instrument
Of-IUtructions to the Governor : ride paracrnplis 6, 7 ( 3 ) and (4). The Ian-
p a g e of these instructions is on the face of it unexceptionable, but is very
general and this very generality may be used 3s a Governor’s jiistifirntion for
such interference with Ministers as map go beyond what JKIS conteni1)lated by
~ ~ t i o ~ ~ 2 (3) of the tlct and may in fact be embarrassing t.0 them in their r&
tiorn-4t.h the Legislative Council to which they are responsible for all their sets
and &i.y,ions. It is fair to assume t h a t the provision that Ministers shall be so
responsible was notmiade for nothing. It is only persons who have succeeded
(or mil succeed within six months) in getting themselves elected to the Legis.
Iative Council who can be appoicted lllinisters, their salaries arc votnble by the
Council, and they cannot hold office if they are not able to get their burlgets
passed by and t o receive genera1 support from the Council. In the rircum-
st.ances it follows to my mind that in the day-to-day ndrninistr;ition thev S)iou~d
be more independent of the Governor’s authority than rntmlwrs of tllb Execu-
tive Council who hold oilice on a different tenure. It is ,si:nifirnnt tllat there is
no pro\Tision in the Act r e g d i n g the latter similar tn t h a t w!iic.h 1,~s heen
qcot,al aLb1-c relat.ing to Ninisters. Tile Joint Qclrct Voiniiiittec sail1 ill their
report on the Governnient of India Eill :
r ? . !It will also be for him (the Govcrnor) to bclp with synp.?tl~!- RIIII cmra;l. thr poplllar
p;dk o f his gorernmcirt in their ncw rcaponuibilitiw. .,Hr s!ioiiltl ncwr hc3it;rte to point
out to tho Xinisters what he thinks is thc riglit course or to warn thrm if hc t.hir1h-s thry RrO
taking the wrungcourse. But if, after hcrrrin: a11 the a<;umcnts. Jlinistcrs snoulti decide
pottoadopt his adtice, thenin theopinion of the Co1nmittee:tho (;ovcrnarsholll~l odinaril\-
MIIOW 3linistcrs to have their way, fixing thc rc3ponsibility upon thcm. OYC-II if i t
wquently bc necessary for him to vctonny particular picw ofIrci+latiun. I t is not possiI,Io
b u t that in India, as in a11 other countries. mistakes will be lnndc hy Ni~stprY, Yctingwlth
tho approval of a majority of the Legislatire Council. but there is no wuy of Icam&g
through experience and by the realization of responsihility ‘.
sub-
Khere in the opinion of the Governor a Minister acts unrcasonahly 2nd to t h e
detriment of the interests specially conimitted to his E:iccllcncj.’s charge by tho Instrument of Instructions, where according to tlie informstion in his pnsv9-
sion-a Minister acts contrary t o the views and wishes of his master the Legis-
lative Counoi! and wliefe he is not amenable t o the Governor’s good adviue,
he c a n be asked to resign or even dismissed as he holds office during tho
Governor’s p!easrire. But he should, while he is deenied fit to hold office, be
master in his own household jointly with his colleanue or colleaoues in the ad-
ministration of the transferred subjects. This rightful position of his has not
been secured to him.
9. From all that I have observed and esprrienced I cannot resist the CDU-
clusion that the present. Act and Rules hare endowed the Governors of pro-
vinces with quite exoessive po:ver a i d disrretion. The!. are not constitutionnl
governors a s in the- dominions and Yct the Lcxislntivc Councils are forbid-
den to criticize tliem and their arts ancl omissions 3.i if they were such, as if
they had no personal iespoiisilility for what tlicir !-hwrmiients do or fail to do,
as if they always actcd upon the advice oi rcqpoiisihle JlirlistCrq. It is my
conviction that under the present dispensatios the rnmner in which the system
works in a province is almost entirely what itu Goreriior makes it. In
saying this I am not oblivious of tlie situation in two of the .provinces. But
there the Governor’s position is quite clear and everyone can tell whether and
tomwhat extent they are responsible for the situation. I am persuaded that
those cases do not affect the-corrcstncss of my statement.
. 1.0. Xinisters and the Government cf Indim-Section 45-4 (3 of the ;\ct
states that the Governor-General in Council niay not exercise his powers of
supcrintendcncc, direction and oontiol in respect of ttansferred subjects except’
a s provided by rules made under the Act in this behalf, but it a130 states th;rt
he ‘ shall be the sole judge as to whether tlic piirpose of tho exercise of s11~:11
powers in any particular case COiTic’S w ‘ t h the pl.irposevso specified.’ The Jib-
tinction betreen t.he reserved and trrtnsferred subject3 in the mnttrr of the Coy-
ernuient of India’s control is also eniphasized in paragraph 3 of the Lnstrurnellt
of Iiistructions t o the Covernoi. I do believe that thc ainount of control ex-
ercised or sought to be excrcisd by tlie Governiiicnt of India and the Secretary
of State-heie and now it i s inini:iterial for niy pnrposc which of the two oilt-
aide authorities exercises it-has I ~ c n less in thc: trmsfcrrcd t,hiln in the respr-r-
ed departments whether in niattcrs of legisliltion or atliiiiistration. But 111y
complaint is agninst tlie csister;cc of tlxtt. poncr or its exercise at ail e.rccllt
where a Governor zcting with his Ministers hiis escectlzd his own lejiJl poiverg
or so clearly abused thcni as to ncccssitatc the intervention of higher autho-
rity t o prevent grave injustice. 1 can, if cnlled iipou t o do 90, cite inatqccs
within my knoivledge of interference or nttcniptcd interference by Dellli, and
Simla or by Whitehall where I was and a m convinced there should have beon
none.
‘ E e Rules undcr this head n p p w to me t.0 call for revision, and I think,
too, the language of tlic relevant sections of tlic Act itself.
THE FISASCE DEPARTMEST.
11. Section 45d (2) 3 provides for the constitution, by Rules undpr the
Act, of a Finance department in any province and for the repilation, also by
Rules, of the functions of that department. It is noteworthy that herellp
this one depnrtment is distinguished from all other departments of the local
Governnicnts. Thc Joint Selcct Committee did not accept the Government 279
of India’s proposal in behalf ‘ a divided purse ‘ in the .provinces. This meam
fiat finance mas to be treated as a subject common t o both sides of the
Government. But the Rules made under the Act have converted it into &
reserved department, in fact though it may or may not be in name. Rule
36 (1) of the Devolution Rules lays down that the Finance department ‘ shall
be controlled by a member of the Esecutive Council.’ I h v e throughout
contended that as the department is common to the whore Government i t
should haye been left to the discretion of the Govcrnor which ‘of his colleagues
he would placejn charge of the department. I have ncver been able to con-
vince myself of the jiistification of Rule 36 (1) 8s it stands. It is n reflection
on Ministers and i t gives an unhir initial’advantage to the Governor in’council
and reserved subjects over the Xnisters and translerred subjects. Nor is the
objection only theorctical and sentimental. Esperience inside the Govern-
ment on the transferred side satisfied me that the Rule opcratcd t o tho disnd-
vantage of Ministers.
12. Rule 36 (2) and (3) may be cited as showing that the authors of the
Rules were apparently strucli by the possil)ility of the need of special relief ta
Ministers against the effects of Kulc 3G( 1). ‘ If the Ministers so cksirc, D joint
eecretary appointed by the Governor after corisultrrtion with the Ministers ‘
‘shall be associated ‘ with.the finance secrctary. [The appointinent even of
such an officer in such circunistances is to bc by the Governor. not by the
Ministers themselves. They ape only to be consulted.] The joint secretary’s
duty is defined in Rule 36 (3). But \\.hat is to be his relrtion to the
eeoretary t Was it intended that his authority shoii!d be same a3 that
of the btter, each having to do with a differcnt side of thc Government
and the joint secrctary noting direct t o the Finance Member and thu Mink-
tern ? Can friction be avoided between the secretary and his (in d l probabi1it.v
unwanted) ‘joint ‘ in such an arraugemenf ! If on the other hand rhc scTrctary
is to be the chief of the ‘ joint ‘ what p!cialadvantal;e will accrue to the Minis-
tersfrom his existence ? It is indisputable that the Finance Membcr would bo
the chief of both. But he is a part of the Governor in Council and has c!iarge of
several rcserved subjects and a joint rcspnsibility for all rcserxd subjects
and none for the transkrred. Once there is a joint scrretrny the secretary will
also feel a special responsibilitv for the reserved suhjccts. The ‘ joint accrctary ‘
ia in the circumstances unlikely to be a real utility while the fri1:tion rc-
ferred to above is more than Iikely. I t is no yonder, thcrcforc, th:lt in no
province is there a joint secrctary.
13. X y colleague and I Weic aslied in January 1921 wh"tIier \re n n t c d
auch an one ; the inquiry, which was mnde~ornlly and inform:lllj- by thc Finance
Member, bcing accompanied by an assurance that botli he ;rnd Iris Esccllcncy
the Governor mere in reality interested much morl: in the tnnsferrcd or. de-
velopment subjects thanin the reserved and we might be certain that they would
.aillingIy let us have every available rupee forour purposes. The IIon. Mr. L. C. (as he then was) Porter added t.hat i t was a pity that subject3 should hare
been divided into-reserved and transferred groups ; that neither he nor Hie
Excellency was a believer in dyarchy and that the interests of e3ch would
the interests of all. As a member of the finance comniittee of the old
Legislative CduncilI had opposed this Rule 36 in conjunction J ~ t h one or more
k.mJ’ddn*fficial’colleagues, and Pandit Jagat Narayan and I had no diniculty
do without the doubtful blessing of this ‘ joint secretary", +&ng
WWhrIY in view Of the sfatmeat of sir Ludovic Ports. At It?& 292
information just in the nnture of a press communique that an d i t o r is u s d
to. As oui resignations had already been accepted on another matter which
itself illustrated the position of Ministers under the present dispensation,
all that had to be and was done, mas to protest against the unwarranted action
of the Governor in Council.
. 17. One effect of the transfer t,o Ministers of reaponsibi!ity for some of-
the subjects administcrcd by a local Government, h u been a ncw disincli-
nation to spend upon matters which previously –ere probably, and were
certainly believed by non-officials to be, objects of special solicitude on the
prt of the Governincnt. I have roads particularly in mind. In 1922 a cut
of Rs. 2 lakhs was made in the provision fJr i.rovin:ial roads. On the urgent
representation of the Finance Member I acquicscctl in the cut on the under-
standing, &;tly, t.hat, it would be restored it1 the following year, and :econdly,
that he would agree during the pear to ad~tionibl.provijion. Ly m a n s of a supple-
mentary estimate if the need arose therefor. It should here be stated that the
oost ofconstru tion as well as maintenance has risen in the last few fears, that
tile department had fallen behiud with repairs owing to insufficiency of funds
and that more hot less money was required evcn for repairs, not to speak of the
constpction ofnew metalled roaJs. Lntcr in the yrar the prc:siilent of the Board
of Comqunications-Nr. 8. W. Pim, c.I.E., I.(*.Y., commissioner of Atlahabad
and a former finance secretary-urged upon the Government .either the
provision of funds or the abolition of the Board and at the same time*wgpsted
the imwition of a. tax on motor vehicles, the proceeds of which Yight be made
over to the Board for allotment for roads. y Tile sbggeution was patlily.;rccepted
and a bill was drafted. The Finance JIe!nher however argucd that he would not
by law earmark the pro&ds for a specific pirpjse as that would be unsound
in principle but the.- Q’overnment would tlccitfe administratively to arply
an amount eqGh-alent to the net proceeds of the t,ax to the construction nnd
maintenance of roads both provincial and local. On this distinct understand-
ing P a d i t Jagat Sarayan and I agreed to the mcasure, ho being in charge of
Local Self-Government and I of Public Works. Soon aftcr, a new Governor
and a new Finance Member took charge and they mcre unwilling to implrment
the undertaking., Pandit J a p t Narayan had to insist upon it as a pledgo
had been given to the Legislative Council with the approval of the late Finarc?
Member that district boards would have a part of the .proceeds of mch t.ix
and the Governor and the Finance Member re1uctant:y yielded, the former
on the ground that the pledge must be respected although hc was of opinion
that it ought never to have been given and the latter under pressure of tile
Governor. And they agreed as to my share of the affair after more difficult
persuasion and with greater unwillingness still, only after I declined to vote for
the Bill in the Legislative Council if they did not carry out the undertaking
given by their predecessors, which was the prime consideration with me in
having consented to the Bill. But after my reignntion the latter part or
the understan.&ng was not respected to the beit of my kwnledge and belief
and according to my reading of a statement made by theFinance Member
in the Legislative Council. Seither was the reduction of Rs. 2 lokhs made
in 1923 restored in the following year. Sor are district boards receiving JS
much h c i a l as~istance as they used t > do for communications. Ever, wtf
ore being told in cxtain quarters that roa ‘s haw Jet .rionted since Xrristers 283 2 54 twminnlogy. Khile i t ia objectionable on generd prountis it may also be unfair
t o the Ministers. dome landlords-I a:n g14 to ackno\&dZe, not all-
were not pleased with the late 3Iinisters in the L-nited I’rorinris. But tho
Governor in Council was pro-l?ndlord incllding in this tcr;n those Tho irere
hostile t o the Ministers. That iE elcctions land!orrl canditates c3n reckon upp.9
indirect officjx! support, is a cornnion bv!ieF clnionc the people. I n oco C ~ S P I
had unexpected written eridwct? in support of t h be!ie.l and took up
matter with the Gavernor. It is intoitinlble t k i c cert.iin pctso~is >a-.-ing been
selected as Xinisters, ofiicers on the r e w r e d Yide shock1 nftern-nrds be asked
or encobraged or permitted to exert induence m farour oi . anti-kinisterid
candidates.
23. The Governor should not have t!ie power to disrllox q”estion5 0~
resolutions or motions of adjournment. \\-hat cntcgorics of cases are beyond
t h e pmvince of the Council having been laili dcwn ti>- Kuits. it s l m i d be entlrel\-
the business of the President to nilmit or disallow ques:ious or mociors. 1;
esercisinghis,po\rer in this r e p r d the (:avernor 3s &e head of the Executive
G v e r m i e n t is liable to. be intlueixed 1)y exirnneoiis considcrntions a1lich
ought not t o he a factor in deterniiniiig thcir adiiiissiI?ilit!-. Besides, no
authority external to the Legislaturc should hare pcxer to intervene in i t s
business.
23. Either theGovernor should hen ‘ cocstitxtionnl .cOrCrCor ’ or he si!oii!d
not by Rule be protected from criticism in r?w Council. -it FrrsenT his
position in relation to t h e Council is one of power uc:li’”ori?!i:tn:et~ Iiv
responsibility and untempered by the knowledge that the ,m:inrier. of its
e ~ e r & i & n f m the subject of Council criticism. It is a positiou x o r e pri-
vileged than that of any dominion Governor abd of the Icing hiiilscif in h i tiiin;.
24; Corinckl Sec?etnries.-Council Sccretnries n-odtl iin&xil)trr!Iy h,?ve
provxhighly useful and even necessary to the members of t.?w Covernnient
2 the permanent secretaries and the heads -of important departcents were
n o t aiso in the Legislative Council. The lntt-er’s work should be in their O&OS
and in t h e case of heads of departments, in visits of iur;pection 1 s well. Tiijs
work has sufferedfrom theobliption iniposedupon Khm o l cor.ar;int nttctiidnuce
at Council meetings. Even nben the’me:nher in charge of :I s1i1,jzC.t is really
t’o dispense with it except when i t may 112 esscntinl. the Irnder of the
&umd is not SS he requires their votes. I: is true that tlie noniic:itcd oIXciid
members form a small minority of the whole Counc.il hut 35 non-oiiic,lal nirmbrrs
aTe rarely F e n t in full strength the oilicial votes not infrequently dcterrnine
t h e resul’t of a division. This ought not to be. Tlir frcdorn of vote which
according to the Joint Select, Corninittee‘s report should lie theirs. is widom
were of one opinion a d tlie Cowrcur ir. Cui:riciI uf ~llicihCr,
accorded to them in fact and the voting is ordin.ui!y by n:nnd.itc. Even or1 a
qiiestion on which the Governor made :I puhlic declaration th.it tlie Coiliic*il
would be a iree agent in determining it t h e Col-ernxxcnt w h i p IRIS n;me thsn
ordinarily activ-amon,n other things he add:csscd a qiies:iox.ihle corn-
munication to members believed to be of a .dccilc clnss, ;Inti t!ie Governor
in Council eupported it when questioned ia the Lc$aiive Colixic.il–un 1
’&cia1 members yere forbidden e w n to atetain from voting. If t!,G
,+tas
d. .. – . 2 86
ihz nominated official members had all to vote with the latter including
thnne serving in the Ministers’ departments; yes, once even when the
aubject happened to be a transfeRed one. I hope it is superfluous to say
that such things do not promote discipline and do not enhance the position
of the Ministers. At lerst R majority of the nominated gfficial members
would he gliid to be excused from being members oi the Couccil as this inter-
fered with their own work and necesirates late hours night after nig!it to get
through ‘ those filcq to which there is nrver an end ‘ ad Lord Carmichiiel
plaintivrly said. Nor will the loss to the meabers of the Government be
appreciah:c-assuining that care is taken to appoint zt least moderate1:r.
cgmpetent 1nen-a permanent officials as a clasv do not show a ready aptitride
for public s?eech and deh:ite and genert;!ly say either too m x h cr too litt!e
to win the slrpport of the Council. The leader of the Council h::ving cornpicind
that one or more Government defeats rere dkz to the speeches of lieads cf
departments, Sir H.ircoiirt Bnt!cr once ordered that no head of a drwrtm.or,
shouid speak in the Council except when expressly asked by his Ht)no!?ra!,ll-
XemSer to do PO. When required by a member of the Government the head of
a department can he 3sked to be within reach for eonsultaticn and advire. If t
am not misinformed I be!ieve some such arrangement esists in Parliament.
3Iy conclusion is that there should be no’ nominated official members with I I1 J
eweption of the Government Advoente (the legd adviser should be h.2, not the
Legal Remembra’ncer) and there should be as mmy Coiini.il.Secr&ajt,s as t L t w
are members of Government, selected from among th’c elected piernlwrr to as-i~:
and relieve them id the Legisiari-Je Couwil. This.yill wrry xirh it tile fuitiicr
advmtnIre of providin? a supply of tfaincli men ta be h$r sclectd as mem-
, .%’
? :
26. Xominutim of Jfrmbrrs l~ thc Lcyislutive Corcnd-Tn nn73inn:ing
.. b& of the Cox:crnment.
25. Standing C’om!niUee.–I have bt!t:n opoosed, anJ so ncrc! : 1:t. ot!!i.r
members of the late Government esrept Paddit Jagiit Narayan Fnrti;ill;<. t f i
standing committees of the Le&lstire Council except f v the Finance. Piililic
Acc.ounta and Publicity committees. We hare had in the Cnitcll Provint-cs
fur years before the new constitution came i3to force. a n u m h of boarcis to
xilvisc and assist the Crovcrnnent in important mattcm. Their personnel is
m d e up in p3rt of offirial and non-official members nominated by t h e Gowrit-
ment and in part of non-official memhets electetl by the Lc.gi.,l.:ejvt? Coiii!!.il
and by appropriate outside bodies siich as chimbers of cornnicrce and I : A ~ –
Ldders’ associstions. The uti!ity of these honrcis h a b w a :irnpic !irm-d
and there did not appear to be a .case for doing avav with t.!iezii in f . i v ~ ~ ~ : r
of committ.ees whose personnel would have to be liruitrd t o !,I. L. C.’Y w : l
which. when their opinion is not accepted, are sure to come into conact with
the Government or the individual member of the Government imrnediatdp
concerned. It is highly improbable that standing committees of the Council
with a majority of elected members will be content with the pwition of advisory
bodies strict17 so called. In nominat.ing members to the Finance, Public
Accounts and Publicity committees it is fair that thc Gm-ernor should ronsuit
not only his ‘ reserved ‘ (as he does a t present) but also his ‘ transferred ‘ col-
la@;ues as the latter-are equally concerned in their work.
members t o the j.pgiddtive Council the Governor ahou!d consdt not ody 287
one or uotu of tile-members of the Executive Council, ~9 he is in the habit
of doing, but his Jlinisters as well. I would emphasize a point previously
.adverted to, that thd point of view and the opiniou of the two are not neces-
sarily, and in fact not always, identical or similar, and as Xnisters are the
members of the Government vastly more dependent upon the legislative Council
than the others are or need be, it is not fair that they should be ignored
and Sometimes the voting strength agirinst them increased by the manner in
which the Governor exercises his right of nomination. This in fact is what has
happened in the United Provinces.
27. Representutaon in the Lcgislatire Coccncil.–Rurd constituench
return landlords to the Council much more than any orpet class of people.
But in existing circumstances they cannot be accepted as -the spokesman or
guardians of the interests of their tcnaritv snd of their cultivators generdlv.
The law of landlord and tonant is still defective to a deprce and thcrL ‘ .’ 1.3 :10
proper legislative recognition of the legitimate rights of tenacts. Thr?
discussions and divisions on the Oudh Rent Bill of 1911 sliowed thxt it w:ts
to t ! : ~ P ?::csted middle class that the tenants had to loo!; for the asseriim
of tS..ir ii,;:lb more than to the landlords or even to the Government. The
re\-i,.ion cf *e A p Tenaucp Act-a question that the Government. h:t\e
had unri.r consideration during the last foilrtcen yc;trs–Ii;tving o:lcc more
been referred to a committee, the beginnings of landlord iqit3:iori rtz:li!ist
amer.i!mnp:ts calculated to improve the legal positisxi of tcnaritv :tic alri!rttly
1 and of other occasions wiicn agr:i:.iiin q u t 2 . ; –
cil was that until the position of chc tt?n;tnts w i d
nhancements and evictions and u:~! ii I)! the
d a fuller understanding of the po\rer of th- n r e
h t they could intelligently and adciiii;t:ely :,a+-
se would be best served and promoteid iy
cerbain ircrease of the urban representation now in force. It is not i v i t h iIle
motive of securing that the towns shall prosper a t the ‘expense of the viiliuxs
t h R t this is -proposed. On the contrary I have repeated!y proterrecl against
the interests of the many fiom whom the buiii of Goreruincnt I ~ V C I ~ W is d:.-
rived being subordinated to those of the mincrity of town-dwellers. 111- pro-
wl is put forward chiefly in the interests of the rural millims. The miio
of urban to.rural’representation need not be parm:tuently fisctl. I t riin tw
varied from h e to time so as t o increase the latter as the m,~s:e~ ::re twt1l.r
fitted to benefit by the exercise of the right. This \\-as m y contcri!ic;ri tieforc
the Franchise Committee of 1918. What I have otxeil-eti sinw t:ic’o 1 1 . t ~
6ken@hefid that opipion in me. And I therefore submit tlic propos:il : i p i n .
I would somewhat increase the number of sear5 for uruiiii il~ils iu LLC: UUL-
.hIoslem and Modem electorates without curtailing the number allotted to
:rural areas- . .
2% ma the landlords have secured the majority of seats allotted to
m a 1 areas; as they were expected to do and as they will continue to do a t
least for Y- to come, they have further been accordeti .i.pt.cid representation
.four members elected by the Eritish 1ndI:m As3oc;acion of Oulh
z e k of the province of Agrz xho 1 1 ; ~ ~ land revenilc of
I do not now S I I ~ ~ ~ : S L Tiiitt i:iij G i ) w i a I iepit3;nt:rriun
t h h z a My immediate F:,inc is that it rcqui1e.j rtsljuatarnt 288
in fairness to t h e zemindars of the thirty-six districts of the prcjriace of dgw
who are far mcre n k e r o u s t.han the members of the British Indian Associa-
tion of Oudh and also to those zernindars of Oudh who, not being talukctlars
are not elig;b!e to be members of the said Association. All things cousidert:d,
it strikes me that it wi!l be rnill?cntly .air t o redistribute the six sc!ots by giving
three to the zemindars of Agra, two to the British Indian Association and one to
Oudh zemindars who are not talukdsrs.
29. I wonld increase the nnmber of members for the depressed ciasscs
from one to three and allot a sedt to fartory 1al;ourers. I wo1:ld secure tliiv
as well a s the additional urban representation by an increase of t.he numeri-
cal strength of the Council and not by taking away from the represc1itatic.n of
the commun?tj generally or of any speeial interest. In point of fact no such
increase d l be necessary if my eur!irr proposal t o do away with nominated
official members 33 a body should be acce;%d.
30. As regards t!ie pn-crs of Provincial Legislative Counrfis. I consider
the provision requiriug the previous suction of the Governor-General-
section 805 (4)-to the consideration of rertain clases of legislation to be 3
survival titat Aouid be Jow wickout. a d the new piovision relating to t h e
rcserration of Bills for the assent of the Govt-ror-Gkneral-section 81.1-to be
unnecessary. I would retain only. so much ‘of it ‘as empowers the S o v i w y r
or. the Gorernor-Generid to return a ‘ Bjll for furthek consideration in whoIu
or.in part. This will be usgful as it is coqceiyable that in its a4scnce tLc en-
tire labour bestowed upon thc.+&ideration of a.5 important aud uwfrh
sure of 1egisl;ition mny prcjvc to have bcen w:isit:d and the ~ l i ~ l c ;Bit1 +wt~s$ ,
cd hy its w t o by tlii: !;ov.priiur -5r thc ~ ~ i ~ i ~ r ~ [ ) r – l ~ ~ I i ~ r . ~ l . Fur thc rest tlic
p w r of veto is a d q G t c to ;ril p w p i i : ‘Y. ”
JIIAlSTERS A S 3 sERS.lCES.
31. L-nder section 45-4 ( 2 ) ( i , ~ ) r d e s niap be n!adcunder the Act to ‘ provi:lc
for replittin: the ercrcyse of the authority vested in the locd Goverriiiiuit
of a province over niem? .’rs of the pub!ic services th, rcin.’ d s ‘ no s p c i d
p \ i : i g n is ride ar th the ck:hori:y by whom the rule3 are to ba: m;iile ‘-
section 123A (.l)-it niusr :oiiow that ‘ the rtilcs >L:111 be ninde by the Governor-
Genera! in Council. wi h the sanction of the Secrrtilry of Stale ,n Council.
and sliill not be subjcct to repeal or altent’nn Iry the hd.:iri It~gi..l;tturc ur
by any 10ca1 lepislntuie.’ Sub-section (3) of ilia s.inic section rmvitlcs ftvr
Parliameuf ary sanction for the rules. Local Cove!.nrnrnts thaenisc4vk s may be
consul ed or in!ormeJ but they liave no po1t-u in respect oi the rules. k–
tunlly, I brlieve the Government of the Unitcd Yrovinres wer on]! iLfoirgcd-
vested
and not
in
consulted.
the local Crovern’mrut
Ruie 10 of the
over
Derolurion
offirers of
Kules
the public
s:iy5 that
servires
the ‘-authority
eniplu~eti –
in a Governor’s provinre s h l l be eierci r d . . . . . .in the c:ise of ofiirrcrs serving
in 3 department dealing wi:h transferred sul jec:ts t:. the Governor actin:
with the JIirist,er in rharge of the department ‘ subject ‘0 t w o provisos. In
the first place the contraat between Govcri,or in CounLi! ‘ and ‘ Ihrernor
acting with the Minister in chi1rt.e ‘ d l he noted : the Ru’e does not s p : ~ k
of the ‘ Gnvernor acting ~ ; t ! i Jlinisters.’ I n the second phcc I have iu’ l>ri;:g
to the notice of this Coniniittce that there is another rille which lays ( l m u
th it any cllnnzp in thp ronditirdna of rwruitrnent md service of oEcprs of JXO-
; i l c iL:cvcrl;o: in Council ;i1:d not by tLe vinci.ii .icr\-h cs CAI: c.::I!. t.c ii:;it!e !I!- not i ; c t ~ i .:It w v l .
[!,is !:e!:;ilf
rriili ciqiir::::~:l;s, ~!:::ilt:r
h i i ; e m i
LI&
289
Governor and Jfini31~rs even .when those services relatct to tri,na!t-rr.d snb-
jects. This rule was: first shown to us in tlie sumrrdr of 1981 at 3 meetirg
of the Government 3s a rule d r a w up by the Covernmcnt of India and sLb-
nlitteti for rho, s;rnr-t:"w of t.lirj Secrc;n:y of State and ‘Parliament. Local
C;o\-::mmeiits %ere iiiiormcd that the draft rule should be considered to be in
force as ii it hiid drentiy received saxtion. My colleague 2nd I imxrediatelp
prot,ested -+tinst il and I an1 glad to s ~ y that the Governor in Countd’endr,rsed
OW opinion. -hid a t;:lcgram was forthwith sent to the Covernmant of Ini!ii
requesting them to cable to the Secretary of State our Frotest. supportcd by the
Governor in Council. ?.;otliirg more was heard of the rule for a !ong time and
we were under the irnpressiun that it liad been moliified. The imprlvssion
w&, strengthened by the circumstamc that the Fundaxner:tal Rilles, which
rere received !>y the 1uc:il C:o-;crnnient aliout six nioriths later. statid tlie pciGi-
tion correctly from our I oint oi view. But towards the e d of :%!? I wau acnifi
eonfronted mith it. The qliestiun arose whether officers of t!ie United Tro-
vinces Women’s Edurstional Scrvice .d~o!ild not I,c required to pnss .m esav)i-.
nation in t h e vwuacul7r. The rules t!irn iu force iliil nut reqiiirr t!iis of t!!tn.
But the director of publir inetrvction and I were \ i f i:;)inivn tl.nt thcy $heiild.
.At, t+s stage the secretary objectid that the riilc curilii i;dy I,? nnleniitti 1:y
&:Governor in Council as power was not gi..-cu t i 1 \lirii>ter< I::
e case of services worliing in tlie tra
‘ted the fact that the rule as origin:
protest. supportedes it was by the Gt,vt:.::($r i:i : ~ o : i i r ! i ~ A . !:,id
Sk Williqm. &r&i agreed a coiiple i J f !n,,!i:!A.> h: ‘r to
te: a fresh protest from us tS the Government oi lIitii:i
resignation we had no information as to tlie face of tli::t prfrtt*s*.
This single illustration biings iutp striking relief the inferior posi:ic~n $1, ~ . r i w l
.the unfortnnnte Niiiistere.: ResponsilJle t o the Ley.id-lnti:-c Ctc::nl.il a3
32. The tKo proviso? to Rnle 10 of tho Devi?lutici:: T ? ; i ! c 5
w p i l e ,.Ninistcrs on the same fi;,iti~ig 2s tlit: n o i i – r ~ , ~ ~ ! ~ I I :
?pf,hez,:Ex&ative Council notwitiistantii~ig thC conbilrr;i: im I
t i ] tiit:
Q;ley’gre, equal members of the Goverrlruwt as they arc Slip[Jd!Xl~ to ~ e , tlicr
b e tosubmit to the control, not only of ttic Govi:rnm. hiit in c,art:!in n*!:t t i m
of the Governor in Council, in otEer’rvnri!s of t!ieir collc;:p+ t!!? -i:.mtw!: of
the Executive Council. A careful pcnsnl cf Srt+ms 111 ;1!:,1 I \- n f t!:o
Fnnctions Committee’s report has f;ii!cd to hri!;: tli in?, 1.x. -v,!% 1 2~ ;.ny
justification of this’ invidious rvle. It does not appear t u IW t1L-i ,ut:h xi
auraniement can be easily defended.
. .
8 above. The first proviso extends to .)firers of h i r ! ~ tlit. ;ill-Iiid~x
: prokincia1 services ; the second is linlite~l to the for1ni.r. The proviso3 may
&rk Without producing fr’ction ; but they mzy not. It 11~pmis. 11-e have
‘.had both experiences in the United Provincrs, I;articul:;rly in rcspect of pro-
i@o (a). I can conceive of no jiistification for prui-iw ( 1 1 ) . Tlic Furictitma
C o r n i t t e e in paragraph 70 of their report urge such r:wric,:ion of tl!? uo\iwri of
i i , . s – i q to v;iriJ-
x!:Q
.
@%fZZ-i+stant
only in the case of oEcers of the I. JI. S., ‘ b c ~ a ~ s e ,
ZOdk t h e value of private practice in different ap?oi:itrnbtncs ;xi order of
"-may seriously affect emolurn~nrs.’ I do not .!-I
t.r
rtx-tl . . of :his. It i j
surgeons piornoted to th- nnsition ot 8:i:?~ a:ir:win.j
to complain on this wnm. and xc.:tinllr serein1 ,if t!i.l nh’sr nmm?
wiia – .
&%kl&
.–. & s l a v e . declined -th proi:iotion offeiml 😮 t h i i I)cc;iu~;~ -+e;: coii!d only get 0
districts khioh did not offer much cope for private Tractice. Horrever fhig
may be, the Devolution Rules of 1920 have gone far behind the Fuuctions Coin-
niittee of 1918. – If Jdinisters cannot be trusted even in the matter of tramfew
and poutings, it would be simpler, more logical and more intelligible to dqense
with them altogether.
33. ‘ A local Government shdl employ such number of Indian Medical
Eerviii officers in such appointments and on such terms and conditions as map
be prescribed by the Secretary of State in Council.’ (Devolution Rule 12.)
The’officers belong to =military service ; and medical administration is a trans-
ferred subject. Gnlike other heads of departments the inspector-general of
c i d hospitals may not be appointed by thc Governor except ib-ith the cun-
currence of the Government of India. Sir John Hewett protested waiclit
this arrangement as long ago as 1907 in the memomndum.he communicated
to the Royal Commission on Decentralization. This ‘ previous sanction ‘
suLsists even after a Minister has bccn made msponsible for medical adminis-
tration. A certain amount of authority R ~ S claimed by the Government of
India in 1 5 2 even in resFxt of I. 31. D. oEce:s in civil ezploy, officers whose
Ealaries are votable. A lengthy correspondence ensued and when on budget
d;y in 1922 the Minister (Pandit Jagat Sarayan) went before the Council with
proposals pressedppon him by Delhi ~ " d Sim!s they were sharply atkicked ‘uy
the non-official members and defeated piLhout a dikision aiter an elaboruw
0; ologia by the’ inspector-general. . . . . .
< . . 34. Rule 27(i).of the Devolution Rules and S c h c ~ ~ i l ~ . I I I ~ m ~ ~ . n e s t rcccive
attention. I do not think thn, either’t!ie Rule or t h Sclii.diiJe is n;:cessr;.-.
I do not think that the Sccrctarv of State rn Coimcil or, : i o t i n ~ ‘ o r – . l ~ ~ ~ ~ ~ l f
the Govc:rnor-Gencml in Coiinci! ‘sliouid rcscnxi tlir powm syxtciF,;.d ilrc.rt:iri.
The coutrol of the Lt-pislative’ Council Di-cr the Mnistea is a n u d q i : k c i d will
almost aI\\-nys be 2n effective sufrguord against escesive spcrirlink p:oy-n-
ritits in a Uinister. In fact the Conncil is more wztchful than.t:itht!r t I l k ? SI.l:rc.
tzrv rff State or the Government of Inch: of espezidiiiire tipon i’~:it;li:h:11~1it3.
and is particuisrly jcalous (;f ihc c r e c h u cf posts on high scl1n:ica.
35. I rras satisfied as Jfinister !hat there were ~cvcral superfluc.1l.q pnvts
ordinarily held by memkers of all-India serviccs and a Iarjcr nurlilwr the
duties of mhich can be, and in tenlForar:; vacalicics have eiEt:icutly bt:cn Ilk-
charged by the more moderztcly paid OEC~JS of provinci:il scrvi(zs. Bilt
the local Government have no pou-ei io abolish any post or transfer it to t!ic
d d r e of a pio\-in-jnl service, while it n s never ens!- to gct tllc saIicr,ir)n of
higher authority to Tither proceeding. The utniost that could hc done \VBY
to let a post remain i4 abeyance or to !et an officer of the provincial servicl?
concerned officiate for a lengthened period. But I am given to uudeist:m1
that when it extends beyon.! a fixed number of months, higher sanction h:Ls
to be ohtained. I knew that this was SO in ra:spt,ct of th6- I. C. S. and P.C.S.
I h v e since learnt th;.t a like rule i?l in force f u r the h d i : – uf otlirr d-Iud:,b
services inchding those serying in trmsfrrrcd de;.nrtnitAuts: – k x t c fin;ixirial
stringency necessit.;ted a regretta!.le rcitrjction cf beneficial Ly,eu!litiiri: iri
the very departments wl ere there m-cie Co.stly o~?:c.I.s to be paid fur tlinii,.h
ciipcrfluous or y1im they could otherwise 5c sta3td ;it i i sni:iller cnst T,,I t:ia
tax-F’Fer. The r.;ovc:nor actkg with ALL Y k k k a :Lo~ld L ~ v e the puwLr LO 231 ‘
292
chief, the Finawe Member, who mas in charge of Cenerr.1 Administration
as well as Appointments, had already given his consent. The chief secretary
interposed every obstacle he could. The case had t o go before marc! then
one subsequent meeting of t l a Governrncnt. \\?lcn a t litst the cli<;):i::Ii
was scrit in R truncated form it was retrirnell 5;: t!ie i;o\-ernme;;t G I I n !il: wirn
discouraging advice. In the interval the Govcrnor :!i~\-e(l in s~nipatliy a ~ r y
from me and in the direction of the chief secretar:;, 211~1 the fiix.1 result is ;list
we have the stdtus quo ante.
35. The co-operative department rec;:iircu il; it.s officers for the siiccrss
of the movement a missioniiry z e d combined of cocr..e with knowletlqe antl
ability. But i t has been burcniicr.Azed like any citlier, ai:d it is obIipn.ry
on the l h i s t e r to select as reaistrnr and dcputy rt,$-Kar t\’;CJ olikcra ‘ lis!rii ‘
or to be ‘ listcd ‘ and as ausist:irit rcgistmrs t.wo dcl)uty wile. tors. So oitirer
of the departmei:t of agrirulture or of iiiliustrieS, no jii!:i(?r ::s .is-iiiit :r;:i.,t::Lr,
no non-official of proved capacity is eligible. And tlic iiqi;:r!ni~:nt L m i i o t
be reorganized without the Jlinistx running his l i d iiqirist h l i the I. C. 5 .
(intlircctly) and the U. P. C. S. (dire( tly). A sc-heme of rt>i,rg.tr:izat.iou tlrawn
up by me after consultation with an Kii$isii fricntl wiio ii.d !!wu liiiusclf
rrgistrar and sul;secluently rose to be oiGt,iatiiig Firiarrce lI**i:i!wr mid in hr.: tf
p;rt in agcerneut. with his ideas, arid sribmirted to tlic Ginwrior. 1icvt.r L.ft
Govercnient Hoi:se UiitjI the date of my reiEri#itidn. lL!;:~t;:iriam is: :I tr:tn::-
ferrcd sJibject but tile ii:spector-@ncr;tl o.f ro,:*itit.m
are ‘ rcscrved ‘ of7icef.s. ‘ Piiblic !imlt!i ‘ iS &othcr &!I: f:r:#.,i s,iiJjt.c.t sin:!;
:UI # I ‘ \,isi 7:~’: rc:i.i.~;iiu
lnrly sitiuteii.*an,l niy rol1,~;:g:uc did not :il\v.iys s:::c.u~:.:.:tl i:i ;i,ttii;g tlie dit.i:r
he wnritccl to l i t in cliiirp! rrf it.
, . :{!I. (.’omfiii,..qiontirs ;iritl tlistrict iifiit*iars h;ivc! r i x n y o 1 J p ) r t ~ k i i i . ., of
rnxkiug :!ieiiisel;-es fclt iri the atlr:iinistr:itioii of tr;irisfcrrirL SSIJjt!cts. T!ii.;f
have qwcific. po\v~:rs arid are ;L factor to rcc*l;ori within tlic. iii!rnii:i~trntioii of
lozal bodies and 110 proposil of the fnrmcr can be rc.j(,ctcd by t!,tt JIinisti~ ‘ in
any import:uit rnaricr ‘ without. tlic CoiIciirrciicc of rlis., (;c;vtbr:ic;r. \Vl!:tt
is antl what is nut i i i i ‘ iiii;)nrt.int niJt:er ‘ .is decidcc!. not. of rr)rirse I J ~ thi:
RIinistGr but in the first iiistnnre by the serretnry t o C:ovt:rririicnt nn<l i:i tl.0
lpst, by tlie Gov!,rrior,tiiiiis,.if. J-i/Lip- P;zircha?pLs nrr or : ; n S riot .IS the t1iztric.t
officer may dccitlv. IL~.:iu.w they :ire e~itIij\\ed with p t t y j i i * i i i . i l pinvcrs a n
attrni1,t was .made iii tlic li(,zi!mii1: tn t m i t thcni . 2s rrsc’r\-i .I L i l t it wits nlit
. piirsued. A siridsr at: crnpt &is i i i ; i d c to rcrn.i\-c i:,ipr~!;,c,,,rr,,,f Tr!c.ct.: froni
. .
the control of the Jliuiatcr of Ltrr;il ,~r~lf-Co’\.c:r:~::i~~l~ ;inti ftir :I t irnri thcxy \ ~ P T . ?
actunlly made o v x to t!ic I’innncc J I c n i h . \’t-iicii ii w i ~ s \itii!iictl o:it t . i i ; i t :::is
conld not be-we were tollt that l e r ~ l opinion was being iir n.oi11tl 1;e o1,raintd
It was not until aftrr a couplo t,f months of tliei: a(1niii;istr:~tiui: as a re:c.r~*cd
subject that the Chrernor coiild I,c persuaded t!int tlie list uf transfmeti sub-
jects in the Devclutiirn Riiles lrft liini no optidn liur to rp.-itire tlie TrrisLS t o
the control of the l h i s i e r . -it that time the chiiirnien of tl;e Lurknow and
Cairnpore Trusts were stininr I. C. S. 4ifioers and t l i ~ r e xvas r e s t m for our
thinking that they esprcuscd rlisitisfaction that some of their schemes an*l
proposals had not received Instant acceptance or acceptanre without nioi1ilit.a-
tion and that this was why the rewniption was math. In my cicp:1rtn1i:nta
I h d to deal with-that is to say, to bring to the ootice of thr? Goveriii~r- -2
29 3
cases of attempts a t intci ference by a commissioner and a collector m a matter
pertaining to Excise (they wrote to the chiif semetary against the intended
mnsfer of an excise inspector, one of -them descriling it as ‘ immoral ‘) ; by
anither collector in one pertaining to co-operation, and by a thud, to the
P. W. D. This last was interesting : the colicctor orderd the district et@inee.r
(not an Indian) not to leave headquarters even on duty. Therc was on another
occasion a matter relating to a school in wliid the deputy commissioner took
a stroxqline of his own.becaiise teachers did not attend an Aman Eabha neet-
ing called by him and were seen &ad in Khaddar, and was supported by the
..;commissioner on the ground that the district officer’s authority must be upheld,
but. the four members of the Government werc unanimous that the deputy
g.. . &b+sioner was wrong. The Governor disagreed wilh all his colleagues and
r&,he.-mented ‘ intrigue ‘ but concluded that the case was not a suitable one
& ~ : , ~ ? .ex&ciae of his pow& of yeto. Demi-official correspondence between
and the chief secretary affecting Indian officers of the trans- —onera
+rred departments was not a very rare occurrence. In one C. I. D. report
;:2(.,.rpae amused to find myself described as the founder of a non-co-opcnticn
: league about mx weelis before I got into ofice.
wiIl not multiply instances. And I should fwt.her like to . record
ould not be thought that they were very frequent. On the other
were many officers whose attitude towadsthe Jlinisters nas correct
e!who were cordial and helpful. And Pandi’ Jagat Xarayan and I
with them-and they included officers in our
padments-with pleasure and in some instaq[.es
-.The point I sct out to make is that the dyar-
ing in the term both the Act and the Euies-which
nobody ever regarded &a ideal and which some.of us supported only bernnse
it was the best we could hope for in the circumsiances and :IS a stepping sccno
to something better and higher, could onIy be’carricd on if workcd ‘ by rcason-
able men in a reasonable spirit ‘ (Mr. Montagn and Lord Chelmsford) and
that the experiente of the last three ycars and a half has induhitaLly demon-
strsted that i t i a not alwnys that this dificult cordition is satisfied: that it lias
not worked well,’tbnt for its success we have perhaps to esprrt n:ore of human
nsture than biit+n nature is capable of yieldins and t h t it woultl be wise
and pndent ‘fo’replace it Ly unitary autonomoi:!: c?r r;+pnnsitrIc pivc.rnnicn:s
in the prGx-inh;a?’.Tbe preamble to the Act of 1919 st;iteti tllitt ‘ the time :mxid
manner of each advance ‘ to the ‘realization of rc:porlsil!lc go-xrnnicnt ‘
khht depend"4ipp".the co-operation received from those on wfioni new oppor-
h6itiea of s& will be conferred, and by the &tent to nhich it isfoucd that
Wr&dence cah’be reposed in their sense. of responsibility.’ I affirm with con-
fidence that b&h.m have abundantly fulfilled this test. nnil Legislative
aoficils, to6y:-iacept in .the laat few months in tno of the provincrs.
that even t h . h the situation that exists for the time bein? is only a forci?de
though un\v& demonstration of dissatisfaction with t3e present \-er>- defcctii-e
ire for rapid progress tomrds self-po\-cr.m.ont,
lies neither in retrogression nor in stagnation
ursgqous progress onward and u p n r d .
n a z t i v e . The rules of E:.ecutive Business impose
utJr and confer upon him the r$it of submitting to the Governor cases ahich in his opinion were of such irnportnnrc t h t he
should see them. He should do 80 when in any important matter a mernber
of the .Government did not accept the opinion of a member of the B O X ? .of
Revenue, the commissioner of a division or the head of a department and he
could also do SO when he himeelf was not satisfied Kith the decision d sn
H. M. Thesecretary has his weekly intery-iew with the Governor ; the head of
a department is seen by H. E., when requested for an interview. Both secrc-
tanes and heads of departments are appoint$ by the Governor after condt:r-
tion with the colleague concerned. Appointments t o the mnrc important 0:
other offices are made by the member of the Government concerned but are
subject to the Governor’s approval. E r r r y matter relatin: t o all subordinate
services except rarintions of cadres and scnles of s:rlnries is in tlle hnnds
of heads of departrnenm Either decisions are spc.cific:rlly rescrvctd t o tho
Governor, or they are subject to his approval? or thcy have 😮 be sut;riii:tc!i
t o the Governor because there is a diffcrcnce hebwpcn th:. he:ld of a tlqx:rt!ncnt
and a mrmber of thc Government, or t!:q are SO submitted iwcaiisc the semt3rv
elects t o do so. It will he seen that the margin of disrrction left to thl:
Alinister responsible t o the Council is not dangerous!v wide. The system can
work notwithstanding its inherent in:perfcc!ions as. long a.9 the Go\-ernor is
[ p:i:i.=t.(i t.!lroli;h @wry St..<C’
9 mpathetic and hclpful and when the ntnw:.phere is one of mutlial t r m t
goodMiil. Perhaps it can work, too, n-hrn a *.t:ung Gowmor eeiccts- a \ t ~ ~ k
Minister. But do these conditions invariahij- .:xist ? M y e\pc,ricnce 11 as th:it
it very much depended upon a secretrrry’? gwti humqur whr.tiier ten or ninct:;
per cent. of cascs wrre suhiiiittcd fnr’tiir Cov@.r;ittr’5 nppro~~d.au(l Fpti! the
Governor’s gcncral attitude or prsrsonal ICP:.:I~ i UN nrris ;L Jiii+tc*r :rt a ;ivm tiwe
nheth0.r IIP ontinzriiv snppnrtrd or nri:rr:i:,,,I !;i!i’:.
froma habitual ‘ the Hon. Minister i. .c..;pc?n,ciiilc and hi.; -;iem must ptevaii ‘ all;I
‘I must support the Hon. B l i n i d r i ‘ t o bc.ingovcrrul(d, in n x k r s of -b.ar!.iIiq
degrees 01 iiirportnnce and unin:pnrtallce ~,J;VE 😮 noniin:itions to a 1iI;rAiy
conimittce ; ultimately prcrniiing in 1r:irttrra in \vhic.h I w i s not iir~~pircd I J 1 : ~ )
oi-trnilcd only by making it clrnr that I *,~;0111ci k::tw t o ixtnsidir nix positioii.
A Governor and one or mmc rotlc-agur~s uut of t!icmir poliiic;il pCnIUS!Oil ; L G d
eecrctiirics acd heads of dcpartn:cnts and othcr s t i p ~ i o r oifii ers to iv1ioi:l cwry
act of Tudianieation or provincinli;:a~iun ~r Iic!iticxl :idv~ricc means sornctliin:;
that r( d i m s their own n p p r t i l n i t i e s . :ire thc rhicf unticr n.liom! the co1lcnque.r
a i r h mhcm, and theagency ttmugli I\ 1iic.I; .\Iicistc;s ! i a x to act. a t thc snit:e
time fulfilljng their responsibility t o t l l c I-egisI:itiw-. (‘ouncil and s a t i s f y i q
their ccnetitcents and countryn!rn. The systrni has not worked well; it
must I.reak donn. A constitutional goi c’ri:or not Lelonping to the pc:rniant:nt
wrvices, a responsible caLinet of JI. L. C.’s pf identical ideals and synipntlrics
with collective responsibility, and a rapid Indianization and also provin-
ciahation of the superior civil services, thc rights of officers now in service Leiug
secured, can in my judgment be t,he only propcr s u h t i t u t e for the prclscnt
hybrid system. . _
42. TAe Ckief Sccrdary.-I respertfdlr suyqcst that thcrc is no ncressity
for the post of chief secretary t o a local c:overnment. There is no such function-
ary in the central Government. And thrre should no longer be in the provinces
which have advanced from single-man ride to government by council, hear 295
at present a part.ia1 responsihility to their respective le;islatures, and are
woner or later to be fully responsible. The chief secretary’s filnctions are
Eircilar to those of any other secretary and are in the miin, and o q h t t o be corn-
plettl!-, restrioted ~o his own departments. The adjective however gives him
a Sort of superior importance and enables him on occa3ion to seek t o intgrvene
r"ESt:rt, his authority in ;ifTairs not hits own but his collea,oues I , who have
tin ir rlwn H. Jrys. t o (leal with. The cliid secretary is a survival and has no
in the present s;;stem. If his porition is assiicilated to that of the other
secretaries. there \vvill be the sdxidiary advantage of a fiuancial gain to the
proviuce!.
. . . . ,.
thip behalf.
C o ~ ~ ~ 1 i j ~ ~ 1 o . v TO TEE CZXTRAL Go\TP,Y&fENT.
43. The Vnited Pro\-inces has ncver been. fairly tr.ated by the &;:ern-
&& of India in the matter of thc financial contribut:an. or the poi.iilciiil
&&&ent or contract as it used to be called befdrz, ever since the system
+&inaugurated by Lord Mayo’s Government in 1871. l’he excessive economy
p&&sed by successive Lieuteuant-Governors n-as re sarded by the resumption
oftheir accumulated surp!i:scs at the time of the quinqimmial revision of the
The standard of expenditure was very low and the pragre.js of the ‘co&;lct.
pkq?:,: 1 t . ~ : >:o .I’. The requirements of the local Government were c : ~ l u u l ~ ~ ~ e d on
the t.asj9 u! th.:r standard and mnsequently progress could not be acce!erzted
durinq t h e nexi fo!lowing quinqucnnium. Sir Antony JIxdonnel!. Sir John
Hewrtt and Si: Iiarcourt Butler, put. up a sturdy fight for better treatment, and
Sir JaTcs Jlestm, tbo, pla+d for it during the latter hnlf of his recime. Very
p-tial s~ccess :rtxnded’the d f o d of the first three. The a:\-a:.d of the Meston
Committee in 11.30 gave n€J satisfacticn either t o the public men or the Govern-
ment of t,he province. Our standard of expenditure on beneficial services is
fower thxn in :i:inost any oth.?r province a d mi:& lower than in some. Our
progress has-in consequence bcen!:tmentaSiy rctnrdcd. . Our needs are many
b n t our mean.< are narrow. -A rcyision of th: Jleston award is urzently
&tied for. Both the Government and thc peoph are nt one in urqiny this ;
at least they n . r e in the time of Sir Ifarcourr. h t l e r acd Sir Ludovic i’orer.
I Phn!l be Em!: sorry. and surprised if the prrsent Government arc of
a diflerent opinion Persona!ly I am of opinion that Madras and the United
Provinces have fared the vrorst in the JIcxton axard. Eut I aU1 air-xre that
this is not f i e iiew of Bombay and EenJnz!. Aft- much thouzht I am
Compellrd ;O th*t conclusion that no revised aT.-:mi rv.ou:d Lring e*;uai satisfac-
t o aJ1 the provinces or convince a11 of them that the contributions hare
ti&’ fixed 03 a x equitable basis and that if constlrnt bickerinp arc: t o bt:
$$Zedj if there dre not to be inter-provincial jealousies, if ;I sense d
hw3ioascess is to lie avoided, there i-! oziy one way and it is for t!ie central
G T m l e n t t o 40 away with provincial contributions altorether seekir,g other
means of balaming its o m budget and meeting its obligations. The still
Granger reason for this course is that the relief here advocated is badl?- neodcd
6y.aU the provinces. :’I would:urgc.an ameodment of the Devolution Rules A
.. . q:.
. – .
. :._ _ ‘
– ~ . . — .. 20 6
44. The Caln’tal of tT@. P,,oc-ince.–l qucsticn tLat caused some trouble
i R whether the fixing of the capital of the province ia a provincial or a central
subject. If a particular city has been fired by higher authority as the capital
of the province, is it open to the head of a local Government or to the local
Government to change it, openly or insidiously, with or without the support
of the Legijlative Counril in that behalf 3 Wh:lt are the inseparable incident3
of a capital and is it open to a Governor to depri\-e it of them one after another
while payinK homage to the decision of superior authority by nominally calling
it the capital and sanctioning the paynieiit of daily allowances t o three secre-
taries and sundry other officials for being in camp as it were, the ‘ camp ‘
being the city to which the business of the Government has been transferred
a d the headquarters being rarely visited by them 1 These things have been
done in my province, the protcsts of the citizens of the capital have proved
useless, and more mores to comp1et.e the process arr in t h e . air. The Gov-
ernment of India Act having SO anxiously safeguarded the auIhority of th;
Secretary of State ‘and the Secretary of State in Council, the Governor-Generd
and the Governor-General in Council, even in matters which in the judgment of
many should be under the full control of local Governments, here is a point
t o which importance is attached in my province and which I therefore submit
for the consideration of the Committee.
$5. Zndiun Stntes in-the United Provinces.-There are three I?km -States
with which ihe Government of the Lhited P~ovinces have politicarrelations.
In my opinion thev should be brought into,direct relatibns with the Govern-
mt:nt of India and freed from depcndehce upon the 1wa1 (:ovrrnmchts and
their oEcers. I t is good for neitlur of the partiewtiiat t h c ptvsclit rdnticm-
ship shculd subsist. 11:. .juF,gc:skioIi is in hmiioiiy n.ith the ;trccpted po1ic.y
af the present. I t has been c;rrdcd into effect in :;o:ithcrn India and partidly
in western India. I t sliould.bc in other parts of the country as 1 ~ 1 1 . I am
here concerned immediately with the r!ited Provi~ices. A p o l i t i d agent
appointed by, reprcsentiug. and responsillc to the Covcrnor-(:cxncral inay
take the place of I h- t h e comiiiissioners of divisions ~ h o now function ;is
agcnts to the Governor.
. DIVISIOS or SLWE~TS.
I shall begin with the division into c a t r d and provincial subjects.
46. Rai7lcay.s and Tsa,nv,n,ys.-I’rorincinl Governments should have
more voice in niattrrs of railway. adii1inistr:ttion ;Iffec:ting thtx convenience of
passengers and goods rates. They should not have to disdlow questions and
resolutions relating to even sn~all matters but should be in a position to afford
relief. The interest in mattcrs of trade aud cominerce of inland proviiircbs
are not identical with those of provinces nith a seaboard, and thriving ports
and industries established in such prorinces suffer from r a i l ~ a y rates bring
fired by railKay atlniinistrationv Kith headquarters a t ports situated in other
provinces a~id Ionkir.~ at questions lucre from their view-point. For the Enht
lndiap Rai!ivay tlie United I’ro\-inces is no more than a corridor betwen
Bengal and the Pcnjnb. The Great Indinn Peninsula, the Bombay, Barodz
and Central India and the Sorth Western railways are other instances of
railway systems working in the L-uited Provinces with headquarters in other
provinces. \Thenever the ruamgerncnt of the E. I.. G. I. P. and B. B. C. 1. railways mar be taken over by the R a t e I hop: the interests of the I’nitrd
Provinces Kill not be neglccted in any redistribution that may be considered
of territorial areas under sepa.rate nianagenlcnis. \\Lat Rill be the leabt
objectionabk and niost conrenimt mcnns of securing for the provinces a
voice in the dctt!rniinntion of railway questions I am not now in a pmition
to afiinn. Possib!y fiome means may be foilIid of giving local Governments
an eficctive opport:Iriity of iii!lueEcing the dt.!ilirrntinna of the Railn-ay Board.
I do not here comrnit mysclf to a particu:sr n i t ~ r l i ~ d . I an1 only dcsirous of
bringing the qriestions to the notic:: of the Comniittee for such consideration as
they may see fit t o give t o it.
.47. 1 am not so very sure that in resprrt of !iy?t/ T ~ W U ~ , which is rightly
in the list of provincial subjects, there siiould be thc. rc.vrmtion that ‘ any
such railB-ay or tramway which is in physiriil cnnnttrtirin with. a niain h i e or is
built on the sanle p a g e as an adj:icent main line ‘ is ‘ iuhjrrt to leyiahtion
b;y.the Indim Legislature ‘. I believe that in JIatlras which has set a rom-
mrndable example of district board enterprise in the coiistriiction of light
railways there ksome soreness on t,his accoirnt R S it has been felt for years that
this form of enterprise is being depressed by what is felt to Ire an undue ry:ird
for tlie interests or the views and wishrs of the Polith Indim Rail\wy. The
question has not assumed similar promincncc in the Unitvd I’rovinws but it
may -any day, and I hope it will at an early date. and I think it rirht t h : t t
pro\i:icid Governments should be freer of control thun is intli(.ntd by t!ie
rr.si,r:-s:ion quoted above. These observntiorls apply ecp::ily to vstr:i mini-
cipal (I am not. here referring t o cantonments) tranixays. 1 do not think
far 2.7
above :is
tbey should bS .i’ubject to legislation by the central legislzture.
‘ 4 s . Inland waiencays should bc a provincial siil.jc,ct rsrept in
they may be inter-provincial or of niilitary iiiiporta1:ce. The formula that
they are a central subject ‘ to an extent t o be dcclared by rule n:;iti:. Ly t h e
Governor-Ceneral in Council or by or i d e r logis!ation b!- tile Indian Ltyk-
lature ‘ is not very satisfactory. ‘ Shipping afid mri>o~irn)t ‘ is rig11tI~- n w n t r d
subjcrt, but not so the iriclusion tliercin of ‘ shipjiiri~ a1ic1 n:iviF:rtiiw on
inland m-aterways in so, far ns declared to be a ceiirrd :ril,icct in ncx*ord;inrn
wi.th entry 5 (I.) ‘. I should say tile same here s 1 havc s+wtcd
regards inland waterways.
‘ . . 49. In item 19 of the list of rmtral subjects, ‘ con, r t i o, ,wntTw~itm ‘, c!c.,
the phrase "in the public interest ‘ is too general ant1 ~ 1 1 ( 1 i i I d iri niv opinim
.be replaccd by ‘for naticnnl safety’. Only to t!iis Pstent should i t 1,e R
‘ b t r a l subject. I would say the sdme of. the phrase ‘ espcr!irnt in thi; pui,lic
pkregt ‘ in item .%O, ‘ deue!upne;nt Gf zudusfrips I . The lan,cua:_.e artii;lil!-
employe(] is even widGr-than in the foregoing entry for it is ‘ es!lcditmt ‘ and
libt merely ‘ essential ‘ whereas there is.the geater r e s o n for its Lciiis riiirde nwre
rketiictive as the ‘ development of industries is a trsnsftlrrcli >lil)jcct. In
".~ing this I have not overlooked the phrase ‘ made :iit+r r~m~iiIt:iti;r wir!i
t h e local Governnieut or iocal Governnicnts ‘. :i, iteni 25 CO-ITP[ t:f 2 ) i v c i d
k c i . e h m 1 t ‘, I would replace the present forniu’..i . iincicr rde3 ::Y,&?
, …
._. ,… :-‘sanctioned . by th: Secretary of %ate ‘ by ‘ iecislnrian by thz central
!atme ‘ as being more in accord with coustitutiond proprictj-. inter-
.a
F.
con-
29 8
50, * E.migrdion from and immigration into .British India
provincial emiqation ’ should of course be a central subject. But I would
add to this entry (no. 29) words to convey that a local Gavernment should
have power to prohibit emigration from its province if in concurrence with its
Le,ois!ature it reaches such a conclusion.
51. I would make no further recruitment to ‘ ull-lndiu swrices ’ (item 411)
for purposes of service under provincial Governments and I would request the
Committee to consider whethyr, without in u p wise disturbing the guaranteed
rights of present incumbents, the local Governments’ powers in respect of the
serviws under them cannot be increased
52. E)t/r?/ ‘Il.–ds 3 rule, there should be no legislation by the cent.raI
Le,oislilt!ire in regird t.o :my proiincial subject. TO tlic extent that the intcrc::ts
of the whole co:intry or of more provinces than one map be concernerl. the
Go.;ernor-Gmerd’s right to veto legislation and to send it back for further
consideraiion should suffice to prevent any wrong being done.
53. Rmy 4l.-I wonder if ‘ immoveable property acquired by or at
t h e cost of the Govmm-General in Council ’ includes property acqiiited a t the
cost of pravincial rerenues and maintained and controlled by local Governments.
If,. as I hope and bclieve, it does not, ..I capnot understand whp a local
G,,,,vernment even. in a tnnsferred department sliould he denied the riuht to
de.91 with sucE ,proherQ- in such manner as it may deem fit. I I i : i w in mind
the case of a housc in disrepair at Saharanpur which H. the Gtrvcrnor ,and
his llkistpr in charge of Public LVo~lts agreed. on tlie rrcom~nc~nd::tion nf the
rollector t,o a!lom t o be u w l free of’rmt by 3, 1oe:il h g i o – JntlGn*ci!b.o?
dition that it would niect the whoiet%st of repiiirs in the bi~.qinnin;. iis wvc!ll ;la
during the whole period of occupation, b u t 1r.1iii.h wo were prcvcutctcl from doiiiq
as both our own Finance dcprtmcut and the hcorintant-General held that. the
local Governnient had no power to allow my house belonging t o the Gov-
ernmait to be used free of rent b!, anybody. Higher s‘mction was rqiiire(1,
I forget whether of the Governor-General in Council or of tlie Sccrt.tnry of
State i… Council. I mi;. I;e pardoned to say th-t the maintcnmce of snch
rules in force is a rcdwtio ad absmfwn of the Reforms.
PL-RLIC Ssr,vrc~s C~JIJIISSIOS.
I :IW
54. I am not ir. f.:i-o*h:r of the co:istitxtiori of a statiitory P:ibIic Perrich.3
Coniniis-ion undcr the control of tl!c central Govcrnnicnt (entry ,is). In t : k –
ing up this poiifion? v:!:ic!i I have done consistmtIv el-cr since
the proposal TVU first made in 1918, 1 a13 aorious not to be niistmdersto~jJ. In
1021, when reference. from the Government of India was laid before the
United Provinces Governincnt for considerntion H. 3. the Gorernorand all tlie
fdur members of the Go\-ernnient were of one mind in returning a reply in the
negative. lye h i e to t.he conchsion that such a body for the whole of India
a o d d not be ccnsistent with autonomous and responsible Gorernnient in
the provinces n-hiie in. the prolince itself we preferred the constitution of
eelcction committees ad hoc when appointments had to be made as the same
bod>- of m&n would not be eclidly ci)iiipctent to judge the fitness of candidates
for diilcrent cfcprtments and as further, canvassing could be reduced appre-
ciably if di!Tcrcnt persons were set up as the selection committee on different 299 Hindu and
I
300
power should ‘be taken out of the hnnde of the Government of India . All
universities in .Britibh India should be provincial eiccyt only the all-India
Universities of Bccarrs and Aligarh.
67. Stores and Slctiol?cry.7Proni the language of mtry 23, Part YI of
Schedule 11, the reservation in respect of imported stcres and stntiontq
should be done array with. The Secretary of State in Cocncil cannot poscibiy
be more regardfnl of economy in the intcreste of a local Ccjverxment thau !;at
Government itself, which besidw has t,o satisfy a critical legislative Council
that there has been nc extrabagance or carc!cssness. In bcih the reserved
and traderred departments the local Governn:ents acting with the support
of the Legislature should have complete freedom to make their omn arrange-
ments for the purchase of all the stores they may require–n-hcrevcr poss;L.ie,
in India ; where necessary, abroad. I have Tt’asons for saving that this ir
o. subject that calls for vigilance from the Legislative Council.
65. ‘ Railway ccntributions to cost of msintcnance ‘ oi the nailway
Police shou!d not merely he a matter for determination by the c c n t d Coveru-
ment. Locd Governmenra should h a w an effeccivc voice in the settlerncnt. I
remember s o r e occnsicns than one in the old Legislative t’cuncil mhen xc
were not at all satidcd that the decisicns of the Gocernrncnt of India %ere
rrluitable and. we had indications’ .that the Lieuicniiiit-Sovcrnd – i n s x t
satisfied .either. I.canbot urge in reuons’ t 5 t . if no .agreenent ia rellchcd
bctmen the two Governments the iuf+:rior C$vcru?ni.nt’d \ iew zhoiiid piev;:il.
But I am jysticed in suggeJiing that t h e sliurild IK sc:nr nrrarpmcnt for LI
tribunal of arbitizticn whose decitiufi, rcacbed ait-t *hc:aring both ~i;irti;s.. .
ehculd be binding upon both.
. . . tin%he i. T;ii.i id not ,, II;C:Z I~Y!,G~!!.;c , – ~ ~ ~ . l i , ~ ~ i . ~ ‘ ~ : , ~ , ‘ . . . 1 !L,(! ,i c’i~ic ..I ;,.is
. .
TRAh5FERRXD ~CBJECTS.
59. Scne obxrrations arc oBered here winotit prcjudicc to my opicic n .
that all prcvincial subjccts could he h a s h e d to the coiltrol of Jlinixt,srs
acting zs a Cabinet rcsponsible to the Legisiative Coiincil of Lhe province, tiie
Govcrnor acting in ralation to tha as B constitutiona! gcjwnior. Also : 33
previously ~ t a t z d , I ~fou!d, in rcspect. of sll provincial subjecrs, do atre7 nitli
Indian hgishtion, rt4aixiry ii oniy t6 h e irreducible (:?:tent of :I b d u t s nrces-
sity. d a d I dial1 uot rcpuat what I have a!reariy said reg;irdiu< 1:rovisou
an! reservations, such, for instaocz, u that relating to new univcraities.
60. \Yhile I follow the reservation. in head 6 (b), ‘ justified by m i l i t q
neccssi:y,’ I have a grcater dificiilty in makiq out wh-7 the CurLrnor-Genernl
in Conncil ~!iould also presciile the ‘ incidence of special expcntiitvie
cunnpcted thvev;ith ‘. II’Lis c ; I ~ . e::dy hr a matter of the accccl
airlolint s p f i t , or, where R ceriaiii Fork is of utility both to the lcral Cor-
rrnrncnt and the -irmy, of spttlcnirnt bp consilnt. A n-~?!-: may bc iic;dt:r.
talxn h j – il local (.h\varnriicnt not of absdutc. iniitilitp to rhc ci*.-i:ian p,!’c-
lation but of conip;-mti\:d!- snisl! xivantage, xhic!i it W o i i I d no:, htir-e
cared to take in hand if it E d not becn sligceetd by the militnrr or if ti:e
military had not prurni:xd a certain contribution. lirrlf-n SJ- thraiigii, the
rnillt,;A?- ch;m?e their mind. The local C?ox-ernmrqt shou!d not in conscqiie!ic e
be I ~ I I ! ~ to R i d tk: :vhole :inourit or be .inc!er the i:cebsi:j. of leaving i f h,iif- – – 30 1 not been contradicted o r corrected so far on behalf either of the late Governor
or the Chief Millister of IbIarlras.
61. Pzlblic I~cuZ~IL-I have mentioned t h a t the late Minister of Public
Health inmy province was not allowed to have an officiating director of public
‘health who he thought was eniitlcd to the place ; as he was overruled in t h e
selection of the inspector-general of civil hospitals. (h’either did his opinion
‘prevail as t o who should be under-secretart- to Govcrnment in the depart-
ment.) There is another important point. The lliuister is responsible for
s n d a r y arrangements at fairs and fcstirals, such as the big annual Magh
?Ma at Allahabad. But his stnff have to work under orders of the magis-
trate and collector. .And for a reason that neither I nor any one else could
comprehend the JIela was made a sub-head of Agriculture and I was told i t
way my business, therefore, t o defend the arrangements and the expenditure in
the Legislative Council when Agriculture n.as under discussion. Our Finance
department pleaded ignoraxce of t,he why or wherefore of this and had to
move the Accountant-General or somc one higher in the hierarchy to remove
the item from my budget.
65. Educution.-This is a much divided subject. It is partIy central
and partly pro\-incial ; partly reservd and partly transfencd. It is under
nn hon. member of the Goverior-Geiieral’s Executive Council ; it is undep
aU the members cf the provincial Govcrnmcnt. The Etiucition Member o?
tlie Government of Inc!in E;td ( I do nrrt h o \ u if lie ‘has it.stilU the Central
Advisory Boarc! and ha3 hi:, e~luntionnl eonihissii,nrr and t h – rniversitirs
Ccnarcs ;mt! ;Iligaih Kriiyr~iiics ;is a central and hence mi
.Confercncc. Our director of p:ililic iiis~riic!i(w tiscd tn be mli!rc::sed llirect an(!
‘we had to stop thc p i c t i v c exwpt:,vtii,rc only statisticd and 0 t h information
was wantrd.
Agency subject ant1 Europe:i:i a d A.!gIo-l~di;iii erlucation because prohahly an
I!itli:m 3Iinisti:r cnnnot !Jc t r u s t d . ;ire under the Finance JIeciber. A primary
school nttnched to t j x Gorwnnient Press is under thc Home Jltamber because
t!:e Government Prcss being .’ rw:rved ‘ and undt.i him it8 prininry srhool had
S ; L I I ~ ~ c.oiitrc!l. also to bc uljtlcr l’riiuary an,l nil vcinaculnr education wns
vntler the 1Iinist.r of ICC.>J wl[-:hvsrniiient while 1 as responsible for English
secontlnry an({ ct,!Il+tt: ct!ucl:ion. I n a d:io resprmdiie to the Couricil for
the Vniversitips ef -\II,lIl.h;td kind Lu’cknow. It was derilled bp Sir Harcourt
Butler in 1921 thnt :IS h,: was Chnnce:lor er-?fic.io in his capacity of Govcrnor,
as both uli\-cr,si;it.,9 ,vc;c c!inc;st entirely J e p ~ n t l w t for thcir existeve upon
fiqanciai sill frp!n tilt? (:over:llpint ivhic!i hat1 to be voted by the Legislative
Council on my niotion, :is f:iijiire to zet the tlrm;~lltl voted might have t o
be folloFed bp resigi-,;lti.:n. in s h r t , ns I mas the man respnnsihlc to the Coun-
cil, all comn?llnir.:l tions f:c:nl t’-,e r!1ivc:sit!- inrlutling those intended for him as
Chanrrllor shollld he aJllrpss.eJ to thi: et:ucation srcretary to the Government
and sllbmitted to hiill :lfrrr I no*!,i t1;cri:on. This however he rev( rscd in 1 9 3
and directed that the latter C l I q q of lettcrs shoulJ be addressed to hi3 private
secretary. His Esccllrncp W Q U ~ ! ~ e ~ n d thrm direct to the educ3tioD s e c E t z v
(though neither \,-\.as the Chnncelioi’s secretary) and if ordinarily the latter
seut thy papers to me bc.rnre sl1bniittiny them to tht? Chnncellor (or the Gover-
nor. I could not be S ~ V C which), this was r i d dunc inb-ari;ib!y.–Afy +-
304
i.Br::-r?c!! t h a t colitinucs t o orcupy :in nriornaloug position.
i n thc ndmk*t..c;tiv Ri3ril.S. The corresponding officers of the Irrigation
Erzixh w r e nat mcre ensr t c negotiate in the only matter in which I had to
do wkh !ACE, ciz, the purchase of stores. In common with most other heads
of dcpT’nicnts Lut perhaps more than the rest they made a dead set a t the
stores purchase branch of the department of Industries. There was attempted
intcrfcrcnce by the Government of India in the selection of a superintending
engineer. The Sccretq- of S:ntrt reserrcd in his own Lands.the decision relnt-
ing to terr.;iorarj+ enZir,c.:rs ; not oniy wrre tht! Covcrcor and the Ministers not
given the antiioiity n.I;i;E i n my ;iilmLl;, a!)jl;iori rlou’ld be ttieirs t u t their con-
sidered recommendation reyrciiilg an indiviJu:il’oiEcer Kas promptly rejected
t p y t h e C:ovcrnr:lrr.t of Icciia. Thi. Seeretar:; of Ftate also laid down the law
f::r us nith ra:.;pcct tl; sp-ic!ist o5::crs in the cntjncering branch of the Public
IL::!ih!i Z:p:trxc.nt-n
T!iere nas, too, in tiiis l!c:inrcn:ent.an intcrestirg case of 3n application for
rpkirement on p r o p i i k v t t’ i)t:nslon, iv!lich brou~hi out :hilt t 5 e conditions laid
down by the Swrctnry of Srntc werB not bi:iog etrii:tly and uniformly observed
Ly thc Crowrnn~r~7t c.f .:he C n i t d ?rrx.-inccr in t’.e resprccd departments and
which led to a di8;rcnce of npinion bet.;veA!n the Cn-crnijr and me. In the end
I x i s not. overruled.-The P. 11′. D., Buillli!lgs an:! Tloads, demand for g n n t a8
~ r r ~ n z t c d h:: the Ni:ii?t::r, ii?!-!:ic!l:s ihe cost of or! for reserved departments.
r’s policy and is often not
in a i ~ t ~ ~ i t i ~ ~ is defend it q q i n s t criY.ii*iwis.
This is ~ z t . right. Kc i; I;c!t rkyo=sihle for t.Ee 12
A mc TI of rcdiiction or omission
ignbres it. Eut in’a’d?:rrchical s!-stcm hc shoi.ild’not be plnced is’ thia
Carrid in jle fzcc of !;oivrr,!neht’r o?pcition s h d d Iiot,’afiect him and ho
nnqmdo:!s positim. I:: it O L ! ~ to bc dyzrc!iy to tiw prcjiidiw ot3finistcrs ?
C i ~ v t : ~ ~ i ~ ~ i ~ ~ t . E~I! I was ;issurcd tknt the Pinijnce
t
;I:. :?,.; f : ~ x i u i ~ l i c Stidgei .KLY prlescribcd by an
authority nc;: czder the co~crc:! of ihl: l c u l Ccwrnmcnt. PwTotnry of h t G could not mcke an appointment in England and would not
d o w the Government that maintained and was resFonsiPlu for the lllstitution
to make an appohtment in India. A t 1 s t the probleni mas only solvedby an
csrhange of officers betTeen the T_’cited and the Cent:d Provinces, which,
h:jmn-e:, after the tmo Crorexnmonta 2s n-cll as the two ofEcers concerned hnd
akreed, could only Le put through with the consent of the Coi-cmor-GeneraI
in Council. There is zn 05cer in the United Provinces who was anxious to
CoimbetQre acd sc7.d to u s some ant- else. We wera so informed
get into the College of Xgriculturo to fill a vacant post. The director of agi-
cultiire formed B good opiJon of tho fit.iiess of that o&wr and the Government
n-ere desirous of zppointing him. As the post was in the I.A. S., they addressed
the Govmm:el;: of India and were told in rcply that h c must first be approved
by’% sdxtion conimittra they voi1Id set ap S O ~ O lime Inter. This body recorn-
mended to th9 Goi-errxnent of India to apj!oint this pnrtirulnr ofEccr to the
coUe$::t
by rhe%owrnrnont of 1ndi:i. Thc officer did not vant- Czin2batore. k’:e
did not. want tho oficcr prc:;enicd to 11s. Tke oi%.ccr continues xhcre !le
was in 3 3 G t . h depnrtxent. Cl;til t!x tiicc of my d r ; p ? x t : I bek? the
said post in our colleze renmiud vacimt. Yet, nil th4; time, thc LeSi:;l:itivo
Coiinci! could, if it chore, dismiss ma if i t was gx-,.d;: Lizisatisiiad 5i-A the
afI~,s of tho coilem. fO8 307
73. t a r e referred to the atatEng of the Cmo?iErdir.e dcpartment b:
‘ reserved ‘ cjEcers and to the x ! e rcktiug to tLe Z~ciue coiuuiabiuaer. Cd-
lectom and acting under their orders, deputy ~ l l e c t o r s , have more t o do with
Excise than they ought to hare under a dyarchical system when they are
reserved and the department is transfcrred. I have. liken-he, referred to
Registration.
73. Zndzistn’es like Educntion is a much divided suhject. Heads 17 to
20 of the schedule of crntra! siihjects and heads 14, 24, 20, 27, 31 md:P:!
the schedule of provinrinl subjwts reveal the extent to which matters pertain-
ing t o Industries are excluded from the purview of the Ministen in charge of
‘ development of industries.’ It ma;,- possibly bc hrld t h t not all the escicd-
ed heads have a nccesarv connvction wit11 ‘ cle\-elopment of indxtries ‘ but
I think my contention n-ill gc.nernl1-y be admitted with rep3i.d to the majority
of them. And the non-provinc.ializ3tion or the ‘non-transfer of some of them
have the effect of hanipring the work of Xinisters of Iudiistries. The provincial
directors of industrirs h;ive to be undcr two or. it may be, three menhen of
the Government. Factories cstabli.~hrd by t!ie L-uited Provinces Gorern-
ment in the Forest dqwr:::ir$nt \wre clisposd of labt >-mr without :lay reference
t o i1.t. Minister of Industiies. -4 c:trpntry srliool estnllishcd at Bareilly kl
-77-
of
t L e I::,j:istries dcpartmc~it lint1 bf+n tr:susfcrred to tlie Forest ckpartiiicnt
.bt.iort :he new system of Gaverunlent c:inie illto being and rc-christencd
N-ovd Working Institute and n-as re-transferred to Inciustries only last year
Bfrer nenrlptwo years of effort. The latter was inimcdiatcly able to make 3
substantiai reduction of expenditure. The Minister of Iiiliiistricv c:in afford
no relief to ownera and managers of factories (boiler anti Iactory his[ wors.are
‘reserved ‘) or to the labouring population. He does not laow a11d cannot
touch applications for prospecting licenses or mining Irascs. – Ilc ( – x i do very
l i t t i e if mything to facilitate the development and utilization 0: w t c r powr.
His prj:\-erlessn&s to improve the position in respect of jail industries w a ~
efTccriwly demonstrated in the L-nited Provinces, where such small voice a s
R I G ;iJ.*.n to him jn the first year when d p r c h y was at a discount was prncticallv
w i t h t h w n before anything tangible could be done becaiise Jails is a reserved
P.:L~NY and dyarchy became operative. Great w r e the ditticuities encoun;erid
iri n:nIc:aining the first :car’s policy of stores purchase and it has ~ra(1u:i~Iy
Ecen n.l:-meddown contrary t o the expectation crcatedin the mind of the Lecis-
k.ti:.e Council. A Ninister may be able to accomplish something t;lrigibie in
q i : c of the system if he is strong and if he has the (;ovcrnor’s s~ppcit.. Thib
Init is the indispensable condition of everything. There is n o t l i i i i ~ t o be sajd
f!)r the gatern itself. In this department as in others, an o&er ai>poii:t
in En$m? has got to be put up with as a rule because he W:S a ~ ~ ! ~ o i r i t c c I hr
c =o~t.nment should not be free to make its own arrangenimts 2nd settle its
the S.?(.rehrp of State. I have never been able to understand why a local
0u.n tthrms even in the case of appointments in England. This’inay have to
be d ~ c e throcgh thc High Commissioner, but the right of decisioc A d d be its
o m , 1
74. Fiscal policr t s s , I suppose, more t o do with the develnpment of
,ind:c.tril?a than with anythin: else. 1-et when the Indian Fiscal Commission (3) That will be no r e d or effective remedy which mere!p s e e h to
patch up -a defcct &re and a deiect there. The real nintter of the
trouble shodd be grappled with and cured. I will not presume
to say whether such a rcniedy will be consist.ent with ‘ the etrnc-
ture, purpose and policy ‘ of the Act of 1919. Legizlative
enactments may be good servants but bad masters. They are
meant ‘to be instruments of good governnicnt for the benefit
of the people, not fetishes to be worshipped. To me it is enough
t h a t the present S c t has been t.iictl and found nant.iny, that it
has failed of its purpose of brir,gii!g R degree of satisfaction to
the national consciousness of etliirated Iuilia, not only to justify
b u t to necessitate its amendments or the substhition for it
of a new and better Act, I do not care which. To say that
at all costs nnd in a11 circurnst:rnces tlie structure and policy of
the Act and the ten-year limit must, be respected, savours to my
mind of superstition more than statesmanship.
(4) The old autocratic or bureaucratic system of government harinq
yielded place in tlie proyinceu to R system of partinlly respon-
sible government, and the latter not having worlced accortl-
ing to plan,. there b .in my, judgmcnt only one path that
is open td- t?iose who a r t ccnlmittcd-pr:i~~ic.-np’ the wjiotc
British people are so cornmitted-tY) R ste:idy ?tlvaiire ttrv;;nrtls,
responsibh ‘ govefnmeiit hrid dominion st3tus for India.
Pmiimiul Gowrniwtits slrorcld hi! ~rtcii.$iniicd ,into f d t y TIT-
ponsiblc p w r w m t i t s . Tlic inc,lirsic;ii oi morb ‘sirl;jt9cts in tlii:
trmsferreil group. xssii~riiri~ thjs to bt: in tlrch Iniwl 11; somc, ;tiit1
tlie anieiidiiierit: of sonic of the rules, wi!l lie uo sulirtiim. I am
unalterably conviuced by my experience and . observatiori
t h a t so long i s Fiiiiinc.e, Law ani1 Juhtice, and Police, are re-
served, no aniount of tmi:sfer of otlicr suhjiicts vS!l assurc to
Blinisters their rig!itful position i n tlie Gt)wrnnicnt or will iiitlirc*c
any strong and c:rpable botly oi private n.em?,trrs of the I,r.gis-
lative Council to org:inize thcmsc1vc.s as :i party of siipportcrs
of the Ministers. To tlii5 I niust add tliat. the Clovcrncr.’d ex-
cessive discrctionirry p w r u Iiiust I,(: ciirt:riIctI, t1i;rt ordiriurilp
he should not be sclccted from among. permanent officials, and
t h a t his position shoulJ Le as it is in the c!oniiniocs. tli:tt of R
constitutional go\-ernor in rchtion to 3Iini.itcrs wlio sliould forni
E cabinet with collective rcsprisibility. The esception to this
wiil be in the case of ‘ agency ‘ suhjccts, in the ailministration
rl ~ L i c h no responsibility will be owed to the Legislative Coun-.
cil.
( 5 ) The agency subjects map be admillistered dircct by t h e Gorrrnor .
with the assistance of a secretary. Or, the Government of India
may make what other arrangement may better commend
itself to their judgment.
(6) The guaranteed rights of present officers of all-India services ought
their proved griermce9 redressed, with to be respected a$ a due regard to the financial position of the central and pra;
vincial Govermients and the interests of the taxpayer; but
there should be no more recruitment to such semices: working
in any department under the control of provincial Governments.
Future recruitment should be on a provincial basis by mean8 of
conipctitire esaniinntions. I am opposed to a etatutory Pub-
lic Services Commission, certainly until the Government is
made responsible to the Legislature. Even afterviards I have not
been able to satisfy myself of the wisdom of such a commission
for all India.
(7) I would make a few deductions from or alterations in the list of
central subjects on the liiies llldicated in parapnphs 4G-53 of
this memorandum. To the greatest possible extent I would do
away with legislation by the ccntrnl Leqislature in relhtion to
a provincial subject. And I.n-ould free provincial Governments
of the obligation of obtaining the previous sanction of the Gov-
ernment of India t o the introduction oi legislation.
is) Provincial Governments should be relievod of their contributions
t o the Government of India.
A JEW CRITICISMS ASSn ERED.
77. I.&odd like to say a word or two more before concluding my ob-
&vations.Ibin proiincial Governments. I have seen’ and heard it. said that
mernbers hf Legislative Councils do nothing t o keep touch with their elect~rates.
This .condemnation has to be Fubstantially qiialified before it can be accepted
as true. N y own idea is that many menibers have taken care to retain con-
tact mith the elcctorate, although only some have made it a point of addressing
public meetings. I c,an cite several names, t.he most notable among them
being my friends Pandits Gokarap Nath Rlisra and Hirdap Xath Kunzru. If
1 may mention my o n case, I visited during two years and tsigfit iiionths,no
fewer than forty-seven districts out of the forty-eight of tlie L-nited Provinces,
several districts more than once, and more places than one in se\-eral districts,
habitually got into .touch with nearly all clnsscs of the peoplt.. :ind delivered
more speeches on all kinds of subjects, tlie working of tlie new sy?tcm’ of Gov-
einment included of course, than any newpaper would report and certainly
more than was good for myself. Not only tlie two friends norncd above and
myself but others did ,much .bo conibnt tlie non-ro-operation movement. I
attached such importance to this..niy sense of its injury to tl:c piiblic weal was
eo.deep, ;that, notwithstanding t h e disapproval of some of my o m poiitica1
iihd personal friends, 1 siipported the Aman Sablias in ;he conimendable and
mobjectionable portion of their activit’ies. If it be said t!iut much more
&odd hare b e e done by the Liberal party, thc parry to nhirh it is niy honour
%’give loyalty in the pervlre of the coiintry, I would not dissent from the
&&diqn but would ask critics to bear in mind how ditficult our position has
d.r;hs the laat six years ahd sprrinlly the last f o w years dnd still more,
k e l a t two ye w a n d a half. Deservedly or not, the Government has become
&&f$&. h p o p u l ~ and the nioverr?rnt of uoa-co-uprr;rtion initiated .and led by t h moat ramr.rful’mtm in tho country was the pcoplo’s answer t o ahat they
bcliered to be thc wrongs done by the GoGrnmen t. And during a considerable
p~riod thoy pmionntcly Lelioved that it was ihc right answer and W – J U ! ~ acLeve
their supreme oljjcct of attnining Swraj. To counteract such a force inspired
by such a man as A h . Qtndhi. v h s e m e selflcssnes; is only surpased by his
absolute fenrle:.mess, n-ouId noxhere m d a: no tiiiie hare beun wsp. Actunlly,
the difficulty of the task was tremendously increwd by the beSd S ~ U ] O U S J Y
fostered by the preiichers of that d t , that the Liberals Kcre supporters of the
mmsures of repression to mhich the Govunnient thought it necessary to resort
in the interests of law and order. The changed mentality of the Govern-
ment, which I ha..-e endni\.onred to prom in this Jlemormdurn and &en-here,
completed the cfifGcillties of the Liberals. PO n ! d i has b e t ssid of the failure
of my courtrymen to co-opcmtc with the Gonxnnicnt thct I suspwt it has
cerned, need oiily be one-sided and it must be offered in nil circunistances s~ the
come to he thought thitt pniilicd .co-operation, SO far at lc::st 3s Iildis is con-
wccker party. I am constniined to say that SO far as the progre>.sive IioiiticnI
r2.rtios go the Eriiish f:oi-ornnient and their officers as n class 1i::ve during
the past nearly t i 3 0 y s r s and D half signilly f d e d to ro-operate with Indian
public men in the spirit of the ?Jlontzy-Clicluieford Rcforma.
1 .
. 7s. Neither in the Gorernnmt nor in the. Ltxgishtira Caundl nor
in the general publicj life of the C i t e d l’roi inres hxs thcru bccn ~n hxacerbs-
tion of Hindu-1\Ioslcm feelirigg sinco 4he iniroc!ur!ion of thr, :now systci3 ,of
government. This is not to my th:d h r o ~ L S Lacn or is coniplcto zccord
between thum on all questions or that there h:t\:e bcvn no riots on chi’ occ? 4 *lVCY .’
of Eakr-Id and Jlohurruni. I do ziot thiak. Lowxw, h : t any p~rpo:.e
scn-ed by an c:xng,ocrAtiol; of this diliiwlty. ljet,t tfr relxiocu wiil be intJucc:tf
not by our d\vel!ing upon the differcncc’s in sexsoil anu out of season b u t by
gi\<ng their proper iniportance to coriliiion inttrcsts, to comnion \rants a i d
requirements, and to the m a y points of ogreenient nliich exist,. I can say
one thing Kith copfidence. NcitLcr ZJindus. nor JInhoini:rl~n.i arc uiiac-arl:
of the motive and purposc of those w1:o have di1:ost spi!~itJizcil in tlis s u L j r c t
apd p,rc never t k d of oppming the n:rtiond aspirations and rosistirig thg:
poiit.iCa1 efforts u: l j ~ : L ti^; 011 this plea and now 011 titat. I am airlong
tho,;r: who aro confident of a constnritly iniyro-ing rindsrstnndiiiz between
&em as .both fird more of rcsponsibl~~ public work ti, do ill corij:iiu&n with
each other in the Governmcnts and the Legishturcs and the 1oc:iI bodiis of the
country. Hcro as in other sp1;crrs rrsponsi! ili!>- is the n:ost cficdti e antidote
of extremism and pronmwi to miscbcf.
79. The interests of thc masscs of the Fopdction n.rc bcst scrced 6y
thbk o m educated and ciilightmd countrpmcm. 1 am not insensible of the
great good work done o w r a long soiies of ye-is by mmy BritiA Officers and
am neither desirous of nor interested in dctrac:ti!:g from its valoe. Eut never
have I been able to agree to thcir chim that they alone ;ire thc friends of the
masses of my countrymen and that there i4 n couflict betn-een the interests of
the classes and the masses. There is no nioru of it hure than in my .other land
nor can the claim be suslained that tLr Britisb in India ham alwa:;s been re-
gardful of the interesta of fie II1iSstr.j and never done a i i y t h q to prejudice 213
them. May I m g p t one test! CetrJngao all proposals made by ron-
official Indisn mealers of our Legislative bodics in the three years
1921-1.93 in the interests of the masm and in a parallel column the answers
by which thoy wore mot on Eehalf OftheBritish Government. Dr. Amiie
Bemnt’s Xational Conforenco Orgailizntion iii1.s 1111 bii:hd a most inforruing
and fl1ggostiv-e com~:&~tion on tho Fork of tho Iiitiian Lcgidatures and I
b k e leave respectfuliy to cornnxnd it to t h Cornmittdo 3s a voiume that
thromsrnuch oeeded dry light up02 the subj&.
80. The disabilities of tho dcpressed classes are urged as anothcr for-
midable difficulty in the path of coiIstiktinna1 reform. 1 venture to ask
meaning any disrespect, what is the British Government’s record
of bayice focthch uplift except thi:t they hnve becn pl;r.ctxi on an eqxalitp with
their fellow-beings in tho eyo of the lam ? Xore has becn accomylishd for
t h e an?&ration of their condition by private bodies than by the State. If I
gratefully wknowledge the honourable place held among them by missionariea
of the Chistiam faith, I hope everybody n-iil gire their due mew3 of recopition
to indigenous agencies of social service n.nd pl!ilnnthropy of which of late years
there >a\-;: !!En not a few. The Gm-ernment have rather lapyed behind in
the FrrJi-iion of funds. In the prert:formed Council of the United Provinces
my 072 and other non-officizl members’ efforts to obtain ebon rnoderztoly
adequate pants for &e ducatioo of thos:. classes wcre ver.; partiall! ~uccossfu~.
Elme was done k – t h e dcsirid direction by tho I.-.fe Millistor of Local Self-
&wmment, who had charge of primary education, t?mn by the prerioup
Eoremscnt. ..- Lh the’ new district boards t,herc we represectatives of th’o
depressed ciasses F d they are on the whole bore alive CO their ‘heeds than
the old t o m b wera. -The social conscience of the Hindu community has
been quickened and it i% a sign of the timcs that orthodox bodiw like tho
Rich Jlshasabha and the Senatnn nharcia Sabha mw:ing at Bonxes should
hare seriously couidered this proljlom and that the randits of &?.hi should
have given :heir assent to a certain relexntion of the restrictions to rrhjch tho
higher castrs have become accustomod. The criticism can be uttcrcd th.bt tliij
is a very sfiiall st.ep where there is such vast distnncc to trawl.’ I am tlio
first to admit thatIit is so. But I would point wit that I am not axire of nny
swietl; in any country which is wry f.irwrrd in the a b m ~ o n n ~ ~ : n t or tho
mocl’ificntion o f . customs amid which i t has grown. ‘IYhy, cvta the effort
to secure scitable and even moderate chazges in p!iticnl consritutior.2
mhiercs . . o n l j ‘s bcloted and partid surcrq nlthoiyh rvligion is not niiscd
up with them .’& it. unfortunatdy is with institutions xud custol1:s sot>ikI,
tccsuse i t i a i o t i n human nctxre for the ‘ I 1 a x s to surrr:ntia:r tco r::;L(!iI>. to
the ‘ h a ~ e note ‘. The conservative-minded o ? p e an innovatinn when
proFosid but -become its defenders when it has bwome .a fact and resi.;t
chncri. in’it oblivious of thcir own enrlier atttiude. This hEs been
the.aay of the world all along and the latLst illustrniion of it is furni.&crI
in the political spharc in our own country by the defence of tiyirchy by some of
tliose sFho fought hard against it in 191s-19 and by their resistanre of zttemyts
6 r$lace i t by.7$ CanHtitution that nil1 at once be more Forkable in pr:ictic.e
-4 -more rrcceptabIe’to the peop!e. At all eveuts the h t c r e of &c depresicd – .. . — – -. . .AL- ca,.brsqj 2c go-meflt
‘.83. Reading the passages quoted above, one is led to wonder that states-
who raised these objections to the Congress-Lengce scheme should them-
selves haw fathew.1 another scheme which laid itself open to the self-snmc
objections. And it almost appears as if our present Swaraj party with a pro-
gn’mm’e c.: ol,stym:ir!n and an attenpt at paralpsing the Government borrowed
their ideas from the illustrious ex-Secretary of State and es-l’iceroy ! .’ Rills
and mlph places ‘ have already been encountered. . Is it necessary, and is it
wise, that Qiose in%-horn resides the power to act should remain nithout tho
will to do so until t?t~y’actuallly find the road ‘ sm-ept away by floods or land-
i$deg ‘ ? ‘ How\-er this be, events have proved too strong. The Councils
have done much better work than might appear t o som:: of their critics. But
"’hey have ceased to =tidy Indian opinion and their continuance can only
lead t o a further cllA;ivage between the Indian members and the Gorernncnt
and .a further cu!ti\-;ition of criticism unchecked by responsibility.’ If one
adnot know –!in ntt-:red these words, and when, and of what, one would hrrve
nqdifficalty in tlin!;ing that some I n d i p publicist was describing the situstion
in the present year. Actually, this was the criticism of the ?ilorley-V%to
Councils uttered six y e p ~ ago by the then Secretary of State and the then
31 5
rmpo&bte t o the electorate, and a-distribution of power which ciishi~s tLs legislaturm
LO paralp the c x y t i v e without having power to remore it . . . . . . . ..
174. . . . . . , . .If the executive attempted to overcome thc legislature there muld be
btum and might BB well be chosen from, snd by, tho legisla~uro at once. . . . . . . .’ conflict and agitation : if it gave way then i t uould becomo n~erely the a p n t of the legis-
4 177. . . . . . . ..But, granted thnt thc Gorrrnment does it3 utmmt. wanted that tho
Indian politiciam have a sincere desire to makc the encine work. we still cannot eee bow
they could do 90, becsusc’success itsc-If a o d d he the ncgntion of their ultimtti! eim, and
ourq which is responsible government. They could ;lot remain content aith an dirn
executive and therefore their policy naturally, and from their atandpoint justifiably,
maat be to weaken and discredit it. There is evidence indeed that qonic of the sdvorntca
oftheschemeareimpressed by the forceofithew azguments, and lrwk forward to prodUriny
a deedlock 81 a means of bringing the emcutire under the c o n t , d of tho Ic~ialature. We
.’hsve no Mn, t o produce deadlocks We h a m no wish to advance only by first makii~y
impoartible On thecontrary, wo beliere that tho path of progrpss lie3 in
awther dllmtion. W e believe in the possibility of " smooth and hnrmonious pmqrces "
prsad’ in b apirit of mutual good will and devotion to common illterrtlts Our own pro-
PQeb will ahoa how m hope to start India on the road leading to responaiblc gowrn-
msnt ~ t h the pmapact of winning her way to the ultimate goal, her progrrss bindered, i t
map be, at times by hih and rough places, but finding the road nowhere awept away by
tlooda or Ianddidcs’
. (Report on [$ian Constitidiond Reforms, part I, ch. IV, p a r . 1CO).
conviction, and ]: hy it earnestly be€oe the Committee, that th. pre-
netitution of t h q e t r a l Government is defective and that its prwent
in rdathn to theLegklative Assembly is untenable and may any day
impossible. 5angeis required, early change, and chnnge of a radical
I do not think it can be effected without a revision of the constitution
ndment of the Act,
TBE SECRETARY OF STATE M-D u;s ~ o r – s c r ~ .
”-Section 2 (21 of the Act vesta in the Secretary of State the supcrint?n-
irection acd control of ‘ all acts, operations and concerns whch relate
opprkent or revenues of India, and all grants of sularies, gratuities
nee% and all other payments and charges, OM& of or on the revenues matter3 art: ~?CI settleil? or ivh:. o r Iiov:.
31 G
of Intlia.’ Section 3 (F) 1c:ivcq it 2n opm q:ic>tion wliL-thttr thc E ~ S T C ~ arid
allowrnnc~~s of members of tlic S.xretary of Stntc’~ Council will !x paid oiit of
the re\’en:iei of Britair? or rndia. L-nder scc:i.)!i 5 t!ic L’oiincil of Iclfia actiiig
under thc dircctiqns of the Secvtxry of State, is t:, do the Gorcrnme3t of
Indin’s biirin11sx in K n g i ~ h d . Section 9 ( I ) shorn :!YI: i n sc-rni, rn;rttcm the
fiecrit–xT of S,iatc i s I p ~ i n d by t!ic npinid-m of 3 !::ajl)rity nf Liu, Ct)i;n,-il. 7ri;ilo
in certain othen he is rzt. Siction 9 (2) n!.io c o n k s a ~pccid power upon
him, ‘Yne committees of the Tn,li:i Couwii I..cjn.;tiiiircll uncler secti!!n 10 do most
of the business oi :lie Cwncil ant1 it is hc:ici*c!i (1) t k t t the I n i h n members,
where more than one arq a p p i n i i d . nrc? RIU.~J.S in n minority in those coin-
mittec; 2nd (2) t h t to a few of thc conwiittees–c.g., political e d military-
an Indicn is oxlinnrily not n;rpciiitc.il. Anr;tl:er gewral bclief is thEt in the
Indin OEce more thzn in Govcmrnents in Iiiciia the secretaries are the powers
behind the t!irone ant1 cue of mw:h ;renter p r x i i c d consequence than the
mernbers nf the Council. Sctiocs 17 m l i i8 rnnke it clear that the Govern-
ment of Iiidis have no k)ice in thr Jcicrniination of tlic emoluments of,
or of any other question concernin?, tlic oific.inis of the Tntlia Office: yet sec:ion
2 (2) ,ein?otvcrs the Sccr:it:iry of State or Xis SI:ijf:sty’s Government t.o di:ect
that t h y s!iould be pnirl 0;:s of t!;c rew:1ucs pf Iiidia. Section 21 vests 111
the Secrctsry of State in Council the expcitdirure (if tlie revenues of Indin.
Se-tioii 1C.A cmpoxers the SeTrrliary of St-je .in Cou:ici! to d d r j p t e by TuIe
to the Go.;err.ment of Indin any of- his’ ptru-ers’of .:iipcrintendence, direction
an8 control. and,the third p a r z p p h of this swticm shows that in reopwt of
prorincial trnnsfcrred subjects, too, ~vonic :Lt 1c;ist. nf the poncrs tJnt mqr. be
exercised by Govcrnmcri: iii Inlh :rre-o:iiy ili+g;ttvd powers. I ‘kmfc.s 1
am iq1or:mt of w h t sulstnntid p m v c i1:rl.c l w n 3rt.ii:i:lY .wrrt?ridced by
tLe8ccretriry of Skate t o t!ic (;l)~crnr)r-C1,.Iic.rnl in Cwiid." Evt, I am 3wv:rr~
of, cnd share, the gc~cr:il bciicf in Intliii that a t least during the last two
years and a hdf, there has hecn ariythin; hit ‘ a relasation of control of
Sccretary oi State.’ It is possible there niny have been a slig!it improvemeut
in the present >-ear, I do nor Iinow, I should add thiit I slxm the othcr popular
impression that to 3. very co:isitIcr;rbIe extent, ‘iniportiint. nxtters zrc a p t to be
sett!ed by Tnc’nns of corrcrJpontlcrice bctxwn the Viccroy nni! tiie Secrehry of
S:cts and thnt tlicir re;;;cct ivc Coiixcih nccd not neccwarily bc kiiowing wliat
I sli;ill sfnnrl corrwted if I tirn wronp.
IViiic I s!mdil krve 1iix.n glati if ii!, EL: rcbry c:f ?t.ate in c’ounc:il k1!1 libaxilly
exercised the opportunity of wlf-s;icrilice l:rto\red ;ipn hini by scctim 19A, I
cannat preteixl h a t t h t ivo1.iiti 1i:iw c a r r i d u i t e r s far, as there .is section
13 I(1) \’, hii-h dcc!ares roiicd!y : ‘ Sothing in this Act shall d c r y i t c from nny
right vestal in Eiis Xajesty, or an!- powers of the Eecrctnry of State in Coun-
cil, in relation to the Governiuent of India.’ And section 131 ( 2 ) similarly affirnis
the supreme and unqrialitied power of Parliament in matters both executive
acd legislativc. This bection may almost be said to be the finisliing stroke.
It is iny ilciiherate conviction that in d ‘ n a t t e r s of civil or internal adminir-
tration of Biirish 1n:lin the Corernor-General. in Council acting with respoil-
sikjity t.) t!ie Le,;islniive Ascm:iIy sIiou!tl be supremc and should be ;ilto-
gethsr frx of the contr )I of tiie Secretwy of St.Lte. As it is not a part of
my pressit p .,p,-a rl.; tii it lie s:iould h r the like rd!:rtion t o the Assemby
in m:t,t:rs EJX!;~~ (.11*d PJ:itic.d) ~ L I I ~ .\filitwy-xbject ia t h case of the 31 7 31 8 Central Government virtudly autocratic and answerable to an allthority
neither in nor of the country, a Secretary of State who is a memher of the
British Cabinet and responsible to the British. Parliament which ie equally
ignorant of and indifferent to 1l;dian affairs : this will be a strange combina-
ti?n which in +e nature o i things caunot make for good governmeut and cannot
endue. Kur am I for one prepared to adniit that there will be such B deteriora-
tion of the staildard of etficiency, if an Indian is substituted ior u British
Goverment, as to overwhelm the country with disaster. I am not prepared
t,o assent to the claim that a very high standard of efficiency has been :ittained
t y the present system and that, such as it is, it cannot be fairly maintained by
Indian plinisters and Indian officials. If mistakes must be expected in tho
future, plenty of them are made now as the files in any Secret.ariat or
depsfimenbl office will testify. To me the relevant considerntion is that
effiuepcy of administ,ration has no value apart from the prosperity, happiness
a d ,mntentment of the people mhoee affairs are aiminisbered, and this vital test
the present system hasnot stood and cannot stand. It is lyih no animus
egai.et tht: B:.itish Goverunient and it is in no irresponsible spirit, but fortifieil
by euch’humble knowledge as I hare bcen able to acquire during a busy
. . – . .six years 31111 by such thinking as I am capable of,
.
. .
i t of confidence about the probable resiilts, and with
:nted regard for thc honour of England, the interests of
eaccful development of the Internationd Corn-
ish to see the Empire transformed, tlict I advu-
an unalterablc ccnvicticn such 9 revision of
11 convert the Governrcent of IIiclia into
ted by the Cornmnnder-iri-
control over and bv rcispori-
origli the Scc.ri:tar:.- of St:rto
Iiticiri) ZiiJ JIiii;.irj- tiepart.
specified in p3ragr.ipli $6 of
Ge-*:r:.i
of the country shall be in cliargc of :I C’aLi&!;
c! six i ~ ~ h o r e ) Miniaters enjoying the confiileiiix r ) i a1111 rcspuri.
Eibie ?i: :h&l[rgislative hsembly. The relation of LIIE L;overnor-
Ministers nil1 be those of the hem1 of :L constitrl-
tisns! , l r w a m e n t a r y state to Ministers.
(if< 111 g c D r T : ; ‘ j , the Legjslative – k 3 S C d J l v ;tnil the [‘c)u:xil uf
Ft;tr . . ;!. h,%j relation to the Go\-crnnic:lt, respec;i,,+iy- occupy
fi p ~ * – . : . i ‘ h d have powers similar to those of BriLish H.iu9d
p i Lg :..:.iom*and House of Lords.
of the Lcgislature ris a cis !hc GoY.ernor-Generd a.3 :. .;he . – two dcpertincnts u d u r his cuur:,!~ ~ I I ~ I ! , $Iuri:ig th;.
:…Je of the transitory period, be ah idi<ALc,J i2 p;ira;:~1:!1
(ic) Ti:. p ~ .
. .
p .-, .
91- Ti:f: C’c’??!? ‘ h$duature.-I W 0 . M increase the numyica1 jtrcnZt11 of
– . by about fifty per cent. so to Secure n InrqP;. ;lInoulls
o!~~P~~~~:3t!sE 1.. : &e-provhces but keeping up the pri!5ent proForticllj of 351 33.3
Addendum to Mr. Chintamani’s Memorandum roceived with
his letter, dated the 2 , t h September 192%. 325 meetings of the Council on flimsy grounds. Little time is given
t o the non-official resolutions, and matters of the greatest impor-
tance are given comparatively little attention.
(h) The electoral rules need modification, bcth ~s regards the quali-
fications for electors, and candidates for election.
(i) I do not believe that future electors can be educated t o a sense of
politirsl responsi!,ility in ?ciiools and colleges. If we wcre to
co: er India with school.+ a i d collegcs until we hail multip!ied tlic
edrcater! clas. ri tvobld i\itLuut at the sanie time gii-ing them nn;:
ic-1 a!rnpnt of gcTniiinc politicd responsiirility n-e would rencirr
Inilia iinsovernnhk under an>- system. School tcac?iing ~ v i l l hi*lp t:)
disjnte,o:nte d,,atlening efIrct of ciistorn, t o open t!x eyes of i!.a
mind to new ideas, and e!,~aI,le a coriirriiiiiity to r e d the Iessona of
esperiance n~ore qriicl;ly without kspericncing tho results tiinz
follow the giving of votes, educxtion \viH tciicl cn unfit a pt*oplch for
respnnsiliility in putiliu life. The tico t/!’.nys mrrst go side by sL11~.
In tlic devr1opri:cnt of elcctoratcs, as in the dcvelopriimt of par1 ies
discipline is essential. There is no gainsaying in fact that t h y rltc-
t c a t e is Jlodci.ate and that thrre is urgent i i c ~ i l of the t:.v.icii-
siori of prirr;ary rtlxcatiou n1:iong tlic masses. It’is useless to deiiy
tGat . a muck 1arp.r propoytion of. ir.oney is. spext uri uiiirrrsirv
and s,,ouncinry edtictition Eliari ~m pcimary d i : c a ~ i ~ i i . ‘. This B U C I I : ~
t o me to be most unrcasoiialde.
(j) ~ E s t a l l i s k m e ~ t of-Civil S e n ice Coi~irxiis~~ion.
I am coni.icct!J th:it t h,. rh:iups o~itlirii~rl ;iliirse are ai)soliitely c.sv:riti;il 10
the siicces~ of rhc licforiii >ch>irie, ;id the\- shoriltf lie c:irricd out ivithoiit (lt,l:iy.
It will be noticed that they do not iuvolt-c iiny ariienlliiieiit of the Act ; L i l t
merely modifications in the rules frained under tht: A c t , ai:d thv Growth of
" conventions " or " customs " of thc Coiis!iturion. These rclt)rriiu \rill,
I believe, satisfy the peop!e, for a h i e , but they arc nut irdccliintc, anti tfic
arnendnient of the Lc:- ivi.1 bc necessary.
I \vould siiggr:st 1929 tliv time by wliic!i tlic i:Ldition-of iij-iixhy in t I i u
Provinces will become essential.
s JJy;lVd ion.
1 \-could siiL*pt t l c t tlil, Ciodiiic.ttiori3 in tlic rii!l.3 fr:irireil un.1-T 7 i i ~ .\c:t
should Le iiitrodtic:d io:ih\rith ; \vhiIc a:ue:iciincnt of the Act ~ h u d J bi: ~ i i i l – k {
taken in 13"g. i h :m.
&$,Lord
1tl. in&e,,statute.
&.W@90R,
be productive cf Violent disorders i c the country.
327
regards thc Centrol Legisloture (1) it t d l confin!: itself to thz follo-x-
ing sulljects, custonls, post, telegraph, Ini:it, salt, opium, railways,
army, navy, Indian Stales, and the member? in oharge of nrmv,
nary and the Poiitiaal L)ep:irtmcnt wiil not be responsible to the
Legisiature ; members in charge of other departments must posses3
the confiderice of the Legislature.
(2) The Colincil of thc Recrrtary of State l o r Indin should he a’ioiishsd,
he nlust occ:upy thc siinic po.;itiori :IS the Sec:retaF of state fo;
the (.’oloGes does in re!ntion to n sclf-go!-erning DOZUiniorl.
It must, hoaever, be clearly understood th,rt no amendment of th-,
Government of India should be undertnkeii unless adesiuate and eifwtire
safpgunrd ha8 been providcd for the Mu~liins of Iqdia. If the 1I:tho:iiriidm.j
united on any point, it is their special rqresentacion in the locel Council
and t h e Central Legisiaturcs.
The perusal of the Uontagu Chelmsford Report mill show t h s t borh
fdupht hard against the principle of separate representations : they laboured
strgnuously for sgreemcnt on territorial rather than a racial principie. It
x-m ur+.tnknhle sincerety and intensity of Jluslim fcelino P which ~kfeated
I, and 3 number of Uuslims, are opposed to it on principle. I believe
t & n t this is necessary only during the transition period and that all the corn-
fi-nitie? of Icdia will contribute their share t o the building up of 3 strong
a d m h e d Ind@ nation.’ Nor are our gazes fixed eternally on Islaniic
Cantries in &&, Our -object in pressing this demand is exactly the m i i e as
ahich- d o not demand communal reprc5ent;ition. those of other &&unities
W e will achieve t h e same goal by making ourselves fit for the responsibilitiey
shich will be conferred upon In&a under a system of responsible goi-ernrnent.
The 3luslirn’tommunity cannot compete on equal terms with the other
colnniunities of India, in economic and educational sphcrcs. It is compnrz-
tively small in numbers and b a c k w d in education; n-liile its e,:pnomic
eondition is n:ost insecure. If no special representation is given t o th : 1\Ius.]irns,
ia will, 1 a m convinced, wreck the scheme entirely. Amon$ the coiurllon
people, .the oa:ural instinct t o live a peaceful is subject to violent thtxological
rurtur6 at frequ&t.intervnls, and each side looks to th. o!hw for State pro-
tection. . . The separate representation for JImlin?s was conct.d6-d hy Lord
Morley in 19G9. Th,: (:overn!iient of Ind.i:l .ict
TO ‘proposc a change in t l i s a prim,i;nIe of .\ct
e abolifion’of communal reprevntntion, wou!d, r :l:x col;rinccd,
nsele%._to ,dis&uise the fact that the inatiqurntion of th., Shudtlhi
L;Ol
F . m of
athRn
Hindu-Muslim
movements
unit\..
has proved
The same
a most
remnrkj
distur1,iuc
appl:: to
c!rniext
tli. sycips
in the
of
‘e- else-.vh.rc. a&h -hEocintions
Peacchl relations
started
that
in Delhi
subsisted
and
during th’? ycnr3
I ail1 c~p:lil:; hfr:lirl
ha.-,?
O.&L
&en %V to a r s t a t e of feeling in which each coniniuiiity s.u3pects th<:
‘im is most nnfortunate, but it i~ palpable and t l a p n t , an1 vie can no tained.”
.
enunciated above.
328
more corer nor hide i t nith fine phrases than we can ignore the causes that
give thzm birth-
(1) I would, thereforc, lay down !hi: following fundamental proposition,
on behalf of t h e JItxlims of thew Pro{-inces :-
6‘ Before any arr.endrrient. of th? Art is andertnken. the special or
coc:rr.u’nal representaticn of the’ llud.iiud shouid bt: n:ain-
(2) In the nest plzcc, I mi c m v k e d that the. proportion sssigncd to
the Mluslims i n the !ocd m i ccn:rA 1cgisi;rturcs is grossly
ur,fak, and I mggi:,<it, on bcllnlf ol Slu2liri:s of these Provinces
that bcfvre any aiiicnrlniect is ninilc in thc r?& the fu!luwing
proposititin siiould be n:;ret.d to by all p x t i c s :-
T h a t mchjoritics sliould nc:i be t u r n d into niinoritics in any pro-
viwc, and t h t the niiuorilies in cll provicrcs siiodd h v u
otlcgxate m d cffuctive rcpresmtafion in the province.
(3) The Muslifi3 should be adcquntely and eifcctively representcil
in rhc public serviced of rliei; country.
-4. certain pmportitm I;f.JIuslinis ,chould be fisd for all Gt-ivcrnrnrnt
servants, servmts eriipib-eci h v t1iC local autiuoritich lriul ot!icr
bodies cre:accd ;rnd riiaintaind or aticquately subsidiwtl by t l u
State.
(4) There must 1)c .-,tit:qnstc g inrantces as regards religious lil;crt,y
n:id frccc!:)ni i t f ctiri:cit.ncc.
(5) Bcforc m y clinngc is intrduced in the present Cvvcrnr;icht of
India Act, r c p r d niust be hall to thc :ow propoiitiunj
The Xuslims will never consent to my changi: in t!ic Act that doc3 not
embo&y the abo\-e propositions in the 31ccd111~‘111 t l J the .\ct.
These proposition8 niust precede the formal passing of ;my amcnrinient
t o the Act a d t!:e a i d a:iie*hicnt should eiribuily it.
I believe these ere the niini:::li!n d m n n ~ . l j uf the Jlusliins of Tndin,
and I am firmly convinccd t!:nt u n ! ~ 3 they are concctlcd, ~ n d ciilbotlied in
the statute, the >Iu$i!n w-ini!.r.i;y wil1 ncwr n ~ w to m y c!i:mgc that
may be suggested in ths Chvcrmicnt of I n h Act, 191‘3. Mema&ndnm of €he United Provmces Lilierd Association.
THE United Provinces Liberal Association welcomes this opportunity
o€ placing before the Keforms Enquiry Committee its considcred vicws on
the subject of constitutional rcforxu.
1. The Aiociaticn notes that the terms of reference to the Com-
mittee are :-
(1) To enquire into the difficulties arising from, or defects inherent
in, the working of the Govcrnment o i India Act, and the rulcu
thereunder in regard t o the Cmtral Gorerniiient and the
Governments of Governors’ proviiiccs ; and
(2) To invcstigate the feasibility and desirability of securing
remedies for such difficulties o r defects, consistent with the
structure, policy and purpose of the Act,
( a ) by action tQlien under the Act and the rules thereunder, or
(a) by such amendments of the Act as appear necessary t o rectify
any administrative imperfections.
The Association rcgrets that. the terms of reference to the Committee
..
are extremely narrow . – and histrictcd in scope. .
2. .The &sociation venturcs to think. liowcver, t!mt substn Atid’ mxan(&
ments i n the 4 c t are necessnry in Lbe. interests alike nf n%tic:nnl Ln’ncIrcsg.
a n d administrative efficiency. The present Act nlaintainu i;lt;ict the con! rut
of the Secretary of State except i n respect OP ccrt;iin suhjccta
transferred in tbcd provinces. , It rests UpoH, the vicw t k i t P:di;i.ruent
‘ – .
is iesponsible for the welfare of the Indian people and that tliat 15-
sponsibility can only by successive stages be delegated to thc Indian Legis-
latures.. It i s clear, therefore, that any large devolution of p o w r from
the Secretary of State to the central and provincial Gurcrnments is
extremely difficult to effect by B mere amendment of thc rulw Such
devolution mould hare to be accompanied by greater control of thc In!linn
Legislatures over the Executive Government, and uliile it uiay Iic po:;siMo
under the Act to secure. a ccrtain nmount of independcncc for the
Government of India and the provincial Governments. such indepentlcnco
would be very different from real genuine rcsponsihle government. IYitli-
out amendment of .the Act, no elcment of. responsi1)ility (!:in bc intro-
duced into the Central Government ; nor would the introduction of
complete responsible governincnt in the provinces witliout corresponding
changes i n the Central Government lead to a harnionious wor!:ing of the
administrative machine. The limitations which the terms of reference
place upon the Committee’s scope of enquiry are. ,in the opinion of the
Association. calculated seriously t o impair its usef:ilness and it reiterates
its conricticn that the constitutiond problem requires inrestirntion on 3
larger scale by a more authoritatire and rcprc.ciitntivc boc:l:y. The Associ-
ation, however, hopes t h i t the results of tho Cummittw’s enqiiiry n-ill
demonstrate the necessity f n r siicli an investigation and it is in that hope
that it has decidcd to pliice its v i e w before thc Committee.
3. The Xsociation recornisrs that constitutionally Parliament is
supreme and its sauction and approval would of course be necessary for 331 335 337 339,
Letter from the Honorary Secretary, the UAited Provinces
Libernl Association, dllahabad, dated the 26th Septem-
ber 19%.
1 have been directed by the Committee of the United Provinces Liberal
Association to send to you a COP!’ of the rcscilutioh. n-liich I am enclosing here-
with, adopted a t its meting hcld on the 15th Scptc~mb(~r. Yr. C. Y. Chintaniani
p r p s i d i q
Kindly place-the same b c f m the President and the c)thcr melubere of the
Comaittee.
11. ( a ) The Committee of the United Provinces Liberal .issociation are of
opinion thzt the franchise should be widened so as to make the councils
more adequately reprcsentative of ihe pt.oplz and that concurrently the
numeral strength of councils s h d d be adequately increased so as not to make
electorate, unwieldy, ivhich many of them are even a t present.
(b) The Committee urge that special provision be made for the represent3
tion b y election of the depressed classes and of the urban labouring popdation.
( c ) I n the opinion of the Committc- xnrnc:n should have thc frmcliiw and
be eligible for candidature on the same ter!u as men. 34 1 342 343 3 44
do not reprcscnt European communal opinion. ?’!me ChaniLers ;cch de
Indinns in their body and in many of them o ccrtain proportion of Indians iz on
the Coiurnittce of the Chambers. The need ior the separate represcntation on
the Legislative Assembly of Europ::an. CorumuLd interests and of Europ?an
Commercial interests is therefore clvnrlp estahlis!;ed. This n r ~ d h;ie been
ficognissd, tho;:@ icndequntc!p. in the c:i.se r;.f the I’:o~,-inci~il Cur!;..ci!d n !id the
~ 2 s ~ fcr the extension of this priEcip!e to thi. ~s.s~:?r!l;l~; is, in the cl,ii:icIi Of cuy
Coiximitter, irresistible. .- 345 – \
_-
1
Memorandum of the Eindastan Chzzmber of Commercd.
Cawnpore.
The Committee; of the Ilindustsn C;1n11! ber pf Comnicrce, C.iniiForv, are
desirous of placing bdort: th!! Eefornis Erquiry Ccnil-ittec their views on the
fiubjcct of L;e Con:titut;onlrl Ecfoilns in India.
1. TI,? Commirtw of t!:e Chamber note with regret tiisT the scope cf the
refurarcc to he Enqiiirp Committee is apparentiy w r y E- .,& -‘ ~ ~ ~ ~ ~ i ~ c L t A. and,
on thc !ace of it, th’c term4 of reference appear t o he a’repr2’l;iiciicn of What s i r
?tl.lalcclm Hailer statcti in the Lcgislntive Assembly to be tEc cSject of appoint-
ing sucL a Commiitcc.
2. It cnnnot be denied t h a t there is a widespread discontent among
Indians with :heir yrcsent political status in their o v a cncn:r!-: m i , that the
rc.:orrnr, irtrouuwi hy the Government of India Act, 1912, liaw bet-= fou:ld. to
insu!i;.cicnt xd unsatisfactory, and that with groKinz poli:i(~i cocscious-
Less in thc ccuizry there is airnost an universal demand fsr :ur:!wr p r ~ p s s .
The C\)nii:t::e of thc Chamber venivre t o think ti:ot -.,;is(, a ~ ~ l Lruati-
niiniicd x a m . 1 s : s L i ; ~ rcquircs t h a t the discoytent :.nd 1.hi3 .linz of dlxppoinc-
merit shonic! n o t Ir :iioxcd io Trow anpknvcr by c.iAhc ng !:ii:ii:*r rdornis
or by taking ii siand . Act ignorir:; it3 s+it and object.
tIie lcttcr of section 3.i (A) of the Gcvcri:li:t:Li of India
3. The ~ection. as intcryreted by competent larrpcrq, anti. ?;y t!ie then
6ccrc:tary of Stztc, Llr. Montagii, in the House uf Conxm>zs, d o ~ s 1ivt iroride
‘ any statutory b:)r against the appointment of a Roy3! C’oi;lin;:sioc bt.fcie
1 9 3 , in ortit,r re nidi!. rvolnmendarions for further p r x p : ~ ~ i!! x f u r r ! i x rind
to crrend the d,.;rw tli i-sponsible Gorerumcut.
d . .
f:~:i:ii~~rs of the
‘:t is well known that the s!-atc:m of dyarchy e~ktiiislie,!
J . . I Gorerm;ents w i t i i t 1 i : t introducing :my clement of rcsI!o:i
1 . . Jatnrc in the Ccnird !lo\- r~::xvrit wm trcnkd even by t!i:
‘..’ . :agu-Chl-.lmsfcrd R t p r t (the basis of the Governnir~it of !!i:liii .\ct) ti8
. . a transitory dcvice to introduce, for thc first time, tL,: pri!icii.ic: cf thc
i . ‘ -,onsible Government in India in accordance with the dcc!arnticn made in
j ..-..ament in A:ipst 1917.
: been made and thc system has been found t o Ec dcfwtive
It is also triie that at t h a t time it was considered hy T!IP !rz!::.:rs of the
.’:. . t.hat a ppriod of ten yenrs was n reasona?)lc pericc! fcr ;!iv!xg ;-rial t o the
i. … :1 sys&rn of dyarchy. But experience has shown ot!!cr-iicc. Thc trial
iliT.v;o?knble.
Committee of the Chamber are not aware of an>- positive c.i.idciice to
::. I t h a t the system has worked satisfactorily in any province. If i t worked
. . I . porsrily better in one Province than in the other, it wns not becmac the
:.. ’em was found suitable or sztisfactorp but becausc the Guvernors in their
r . -iective Provinces according t o their individual tm!pernn:ent or prtdigposi-
:: : I did or did not enforce a clear cut dprchical .;;-rtcn: Lu: rL:!icr norkcd on
f.6 Ryetern ‘of a ioint cabinet and joint responsibility. . Dated Lahore, the 9th Auqst 1921.
348
Memorandum by Mr. Ifarkkhan Lal. ex-Minister, Punjab.
From-lh. HARKISHAX LAL, Bar-at-Law, 7, Ferozepore Road,
To-The Secretary, The Reforma Enquiry Committee, Simla.
h’otes on tk working of the Refowas Act, 1919. 3-43 350
XVI. It is felt that the present arrangements of skvicrs and the special
privileges enjoyed by the Civil Service of India. stand in the ~ a y of free develop
ment of responsible institutions ; 3rd prevents handling by esperts.eome of the
ScientiEc Departments.
SYII. Another b u to the development of responsibilitr is the fact that all
rcsolutions are mere recommendations and their position wirh regard to tr3ns-
ferred or reserved subjects is the same. The acceptance and carrying out of
the resolutions depends on the Local Govcrnncnta assisted or otherrvise by the
financial department.
ITVIII. The working rules of the Punjab Government provide that the
difference of opinion betiwen members of Covvrnrnc.nt and the Heads of Depart-
xents has to be referred to t5e Governor aud when differing from Heads of
Deparknents members of Govcrornwr a x t o mite su_rgestic?ns and not ordprs. 362
b5eriorsndam by the qlon’ble Sir John Maynard, Xember of
tho Exccntive Conucil, Punjab.
-c;zce $ the Gorernment of India a d limitat ions ripon the ,ifnuncia1
and legislative powers of tile local Government.
L. L:ll L – –
ov&q the precepts of tho Joint Pailiaineotary Committee, a bill
amed for placing on a statutory basis the procedure for asserment
enue., It was B question t o Khic5 the agricultural representa:il-es
te ‘highest importance. A Cornmittee of the Council had discussed
d of Government : it fdl much belorn their espectat.ions, b u t never-
~ t p k i b l y have been accepted as a compromise. The Central GOV-
iwever was unn-illing to endorse the proposals of the local Govern-
-ot so far been brought ft,:.rrnrd. The measure recessary
1 bu.’get–thc raisin,? of the occupiers’ rates-ha3 now
e action ; blit t!ic e&cL of this step, combined with tho
it\. of the lccal Govcrnillent, to pat forward a Land
to p i t some s:raia on the nlltrkiance of the rural party.
he Punjib Local Option Rill, the Goverorllent of India
: dcGkition of liquor inciiidtid foreign liquor, t h e :mc-
oneral under,section 80 A(3f (6) was rcqcircd. It was
br Gen6rsl would have no objection to t!ic bill if its s ~ ~ : ~ p e
7 bquor. .’]’After some correspndence tho Punjab GOT-
bill by’providing that i t shoultl not Le aplJic:hlr to
the Collector should be prohiLit~~d froin yn:iti:;z Iirt;ii.w3
quor in any area t o which the local Lot!? ~ 1 1 , ~ ~ ‘ r n 1 ~ 1 hall
I. prohibition, if the lt~cnl Clol-crnr!;c.r!t i~,.:,! s;i;i<1iV:,i
‘1Gcd body’s action was being evnclt-11 Ly :h.: c:il,: of
Lnt of the Governor General t o thc bill iu th1.i furra u ‘ ; ~ 353 Order were closLly .involved. The unitary character of the administration
can best be gauged by the’ manner in which this group of problems mere dealt
with. Up t o November 1922 whcn the Gurdwaras Bill which ultimately
became law was introduced into the-Council, no diflerence of principle re-
vealed itsolf between the members of the Government. This was not because
there was no joint consultation, for there were very frequent meetings and
discussions bktween all of us on tho subject. If thero had bcen differences,
they had not been stated, and it is natural t o assume that mhcn a man doc3
not say t,hat he differs he docs not attach enough importance to the diffcronce
to contest the point. The Bill of Soreniber 1922 was in all essential parti-
culars identical in principle n i t h that of March 1921, though in onc or
two points of detail slightly niorc favourable to the contentions of the
reforniing Sikhs. On the bill of March l!El 40 differences bet.wcen the
Members of the Govcrnmcnt had disclosed thcmsclvts. But when thc bill
of November 1922 was :introduced, two changes of circumstnucc had occur-
red. On the one hand the claims of the reforming Sikhs had risen for
reasons into which i t is unnecessary to enter here. On thc othcr hand the
differences between the Muslim and IIindu communities, qhiescent before,
had become acute and had culminated in destructive riots. Hindus, alarmed,
were looking for an ally, and hcld out t.0 Gilihs thc hope of a favourablc settle-
mcnt by consent. Hindus and Sikhs conilined t o resist Government’s bill,
the former b&canse, it y p n t too far, and the latter because it did n o t go fiLF,
enoueh.;-and feeling was so strong. that it, bec?me estrcrnely. difi.c.ult for svy
mnn to stand against the sentiment of -His own scc$h.’ of khc comgiunity:
Inithe vJtiag on the Bill, there wns x division bctwccn the members of Got-eiu-
ment. OJe Esccutire Councillor and 0110 J1inistr.r voted for tlic bill. (!nu
Executive Corhicillor and oncs-\Iinister abstniiicd from voting. But the t\vo
latter did not fccl strongly enough on the subjact, wlicn the bill passid. w
resign their posts, and tlicy continticd t o co-opcrate cordially with the o r l i c ~
members of the Gorernmcnt in tho mcnsurcs, wfiich wcrc at once resumed, for
bringing about. a scttlcnicnt of the Sikh question.
19. The Lest illustration that I can give of tlic mutiid relotion3 bctwccn
the 3Iiniaters is drawn from tlic ddiatc in 1323 on tlic votc of censure dirwtvl
against the Jluhammcdan JIinistcr for Education, on acroii1:t of lus coniniuulrl
policy. Very strong feeling was ar~iisc.d by t.his tlcbatc, but the Ifiudu
Aliriistcr rccordcd liis own vote ngain..it thc ccnsure. A man is to be jucfgtd
by his actions, and it is a natural iiifvrence from this incident tlint the Niriistvr
for Agricultu-re, tliough probably disliking tlic comniunal policy of his co1lc;iguc
in the Ministry, felt that the matter IK.E not. one on which it was de*iruhlr:
to split the Govcrnnicnt or cithcr to rcsign hinisclf or to force otlier rcsigniiLious.
I t v.41 be remcmbered that thc same Jli&kr had abstained from votiug on-
the Gurdmaras Bill.
30. Dyarchy, in the scnsr of tvro Jiinistcrs standing t3ythLr for one
Dolicy or for one sct of policies, and Executive Councillors standing t o p t h c r
for another, has been in niy experience non-existent, and is, according t o niy
conception, impossible. -1 House divided against itself cannot stand.
Differences between colleagues must be adjusted, and sometimix onc. sonie-
times the othcr, must yicld a part of his convictions to secure agreement iinlt*s
he is preparFd for rcsignntion. Rut t h e is n ~ e n s e in which dynrchy is 3 57 25. I n order to pre;-ent the opiriionv of thc rlcricnl establishment in the
Financial Department froin coming upon the adiministratire file, it is the
practice to keep all discussion3 in the Financial Department upon 6epzrate
Financial Department files, and t o p!nce upnrl the adrzinistrative fiIe merely
the final result of. the discussion, in the form of a statcment of the advice given
the Financial Department as an impersond entity. The opinions of clerk3
are therefore not obtruded upon the aJmjnistrJtit-e ?Jmil:er or the 31inister
concerned. I n urgrnt cases of no great irnportancc. the Financial Secretary.9
notes cccasionally aiipear on the ad!!iinistratire iilc, but a clerk’s notee
rerer. from the earlier totn!s zn 1:simed figure of 4 I a k h on ercomt cf Ecrnpean
Education.
Medicel .. .. I
I ..
. .
Public Hen!th
A,"riculturr . .
Intlustrics ..
.. .. i
.. i ..
..
I
31
21
26
426 3G0 3C1 —–.— FOR.
OEcihl. OIEoial. OEci-1. OEcial. 1
i hA1l:ST.
0

i i s ~ ~ ~ –
amendment moved by Jlr. 1 0 j
Ganpat Rai
I
;;
I
12 ~
I
1 .
20 I
I
lp’-.-..L-‘—
I

Motion or RPsolution.
clausc 6 (i) of clsose 2
of Punjzb h a 1 Option
Bill.
Amendmcnt
Xarandre
mored
XaLh to
by
clpuse
Raja 1
G of Punjah Local Option ‘
Bill.
Supplcrnentary grnnt for
Excise (25th Frbrunry ~
Resolotion recommending I
— 1924).
wthdrawai of Q Circular i
athtinz unrecomised
-Schools (2tith February
~
1924).
geoncies.
‘ j –
Amendment to amendment 1
on resolution r c p r p’ 111 c j
encournpnent of :rrtiulus I nxdc in 1ndi:i. I
Amendmcut to Bamc reso- 1
lution.
Resolution thnt 1Iili:arv j
13 ~
0
Aesistant Surgeons be not
appointed to Ciril ~ u r – i /
3 E4
RXXARKS.
I
1; I 9 j Official rote deter- I r~iiied the rtanlt.
1
I ) I 2s
S’
!
!
2 : Dltro
Dirio.
I

3,j i 16 j
I I
0 i 32 !
I
I r Y ~ ! I C ~ i X ~ J l l l t .
22 j (>isci,il v.,tc J ~ W C –
j
i On M
lMlttl3Alta.ndrdarm the
managemsnt of sucb
. . I
r-g
ihemrncnt of the Prorir.cr.
cndormmta may opage to
tbnaten the prnce and good
pmvidd that on the expir? of
the Ordinanc~ thr jurisdictirsn
r4 the Civil Courts. or of swh
(Xhrta bq tlrc Bill nlliuh it is
to intrndure may 2s. rha!l nor he ourri4.
~
Go&to.bc p l d to mrlle
Icx.rl
Tht Cconcil recommends to :br
tbc&tmtion of thL
bdl* to the need fur m > r ni;i,ri!-
400
bp this means. For instance, the excessive p o ~ e r s conceded under the rules to
the Governor can he curtailed by suitable amendments thereof. Similarly it
ir p o s d l e to inrrease the number of ‘ transferred * subjects as well as the powers
of JIinisters. The recommenJntion of the Joint Committee of Parliument
concerning joii:t tleliheratious between tlie Rescn-zd and Transferred halves
of Government, but n hicb h:ix varied from province to province under differeut
Governors or even the pan;(! Governor according to teniperament, prejudice
arid circurnstnnc-es can be matie ohliptory. So in tlic Central Government
tlic Secretary oi Stnttt r a n i1rieo;ite to the Govcrnor-C:enernl-in-Couricil most,
if not all. of the piin’i’rs of suyeriiitericlciice~ direction 3rd control now vesteii
in Iiini. I.ct t!ik : l r I t l ereryt!iiiq c ‘ l x tliclt iu po.~sil~lc under the .\ct be rlone
by. nil means. Brit. 1 niiist iivt omit to say that the advance which it will be
possibli. to ninl;e 1)y s i r h means wiil fall very milch short of true rwpoiisiijk
(;oi-ernInr:nt 1v1ric.h thr ctiuiitr!- i1eni:intls ;inJ it n-iil bc deeply reseutai :inti
8 trongiy oppwil hy 311 politiriiins in Iii~lia.
17. As rcr:iriis snnie of the objpctions I I : Y Q , ~ against any future constitu-
tional alvnncc. I \\ r ~ r i ! ~ l ol)+wcl I lint the l,riri!:i,i2 aborit of a coniplete cessation
of cornxtiiiniil or stirtiorial cori:iic.ts must I rt il !ong continued process. O:il>-
under. the n-cizht of wnirnou !r.ymiisiliilities n-hich \vould be laid upon tlicrn
in a state Oi’ Self-Co\-Prnriient and a stimulus of common endccivour to mnku
that state as prmlurtil-e of qood as pns,ible to all the communities that thev
noulcl bcgin to realize qiiickly the unity of their i n i s :ind jziterpts. Simihrly
the removal of untmie?i:Ll;iiiry is riot a work of n fe\\* 1lrii.f nioriths. .A vicorous
movement is at prc.?er:t cniiie (I:I i n the coiiiitry and is sure to brnr fruit. erl?
Iqcg. -4s fbr ‘tlri: iiIiter:!cJ- i ) f i I i t 3 rn;isFi-s almost ail the LvorIti over constitu-
ti<jr~;?i. rvf~;rm:~h:it-c p;rxv,,ili*rl ;it the im+tacce of the intelli!pt..;i:r and thc
erliicnteci clissrs. If the rirzyrit Itcfornis are ni:icle to wait the s p r i d of eriu-
catioii :iniorig the rnasc’s then I mi afraid we IUUSC wait pttrhaps indetiniteiy.
IS. TI) suni up, my priipm;:!.s ;ire :-
( I ) The JIiii’sters be emnr:r,ipnted from a p e n t clcal of coctrol ovo’r
tllcm rrnur\-ed to the Govcr::or ;
(2) -1 3Iinistry. in p1i1c.e of iricliritliid Jlinisters, bc recognizc(i and
cor po ri: t i’ r cs 110 iis i i ; I; i I !- prc2cr i b t d ;
(3) Tlic powt:rs of JIirii2:i-r: l i t : i:r:l:irwl :in11 thcy hct rclic>ved nf a ,T.cnt
of the esisririg rc.;trictinnJ-linarcini. Iegislativc ar,ii
atiniiiiistrxtive ;
(-1) The Firinrice Dcp:ir:ni+nt bi. removed from the control of 3 1Ienil)t:r
of the Eseci:ti-.-tt Council ;
( 5 ) . Full nutonom:; anil !inn.er w-pr the purse he Tnuted in the pro7:inccs
t o tile rc~!lrewntaii\-~~s of t ! i t s pi:ople in the legislatures ;
(6) The Ccntral C;ovcrnn;cni. :\it’. cc:rtai!i c\crption.?, he rn:itlc reyon-
sihle t o thc rcprcse:n:iltiveJ of the pt:oiilu in the Indian L.lris
3. ‘ lature. ___ ___-_ I – ____ —_
. ! 369 3; I 372 62. In 19YL R jagir of Rs. 400 per amum was conferred upon .Chaudhri
Rharak Singh, Xeniber of the Punjab Legislative council and Vice-Chairmsn
of the Gurdaspur District Board ; a prominent representative of the Dog’"
Rnjputs, whi, rendered valuable services (luring the Grcat War. In the budgot
discussion in the local Council in 1923 he distinguished himself by his vigorous
and detailed criticism the budget proposals of Government, which was much
Rppreciated on the Governnient benches. He certainly did not regard himself
as in any way committed to thcsupport.of Government by the fact that his
War services had been rewarded. There has been no Croan land for general
distribution since the inauguration of the Reforms.
63. Recommendations for Honorary 1lagistmtrsh;ps are made by loral
authorities, after a certain period of jutlicid trainins has b..en undergone by
the candidate. I lcuow of uo case in which propositla for such appointments
have been initilted by Government, since the beginning of the era of the
Reforms. All the proposiilu for such appointments p i i s through my hrrnds, and
1 know of no case in which tliev have been made the consideration for thu

adoption of a particular attitude in thc Council.
64. With reference to the exercise of patronage by a Xembrr or JIinistrr
. m-the purchase oi stor:* and t!ie giving of r o n t r x t s , such matters as these
h.i.:t3 nv.-*%r b:n centpliscd in Go\-e:nnlent whether pre-reforni or post-reform.
I.nr?q q ~ : + s . ~ : i , ,:!j of prinriple come b!*forc tlie J h n b e r or ILinister. For instance,
W ! V ~
cf SUF!!!:.
‘.., LS a propos:iI to pire n prolon3:d nronop~y of a p a r t i c t h kind
a:: .h.as cement or stone b a h s t , it xas referreci for the ordersof.the
, U i u i s t r ~ . I t is the Jlinistcr oiily who has power t o sanction loci11 purch:ise
of EngG.-h s:oreii.of more than a stated maximuin value ; but it \\.odd he :in
nniwuzl ccurie on his part. when givil% sanction,. to say that.tbe purchase
~!iori!d be :r:de from a p r t i c u h r firm. OrdinariIy s p e a h g , Superintcmling
Er:Tit?w. b. :-.re fuII power to accept tenders and cntcr into’ contracts, a d
3lcniLt.r ui Xnistcr es&cises patronage of that sort in any way.
6.7. -1. ii.:tween. the t w o gentlemen who occupied the position of Jliristcrs
in th;, p 4 ~ ~ , i of the first Council, it was noticealJc that ope fvund it easier to
r n r r y th(8 i!i;:.jo~hv of the Council with hiin thzn the other. I havia xlrendy
e x p h h l ! h i t this was not due to any difference in the attitude of ofkill
~wmbers. n-!io, .on all important questions, supportrd each Jfinistcr ali!<i=.
The rasr$n lay in the composition of pnrties in the Council. as it gradudly
not equaliy s u ~ c ~ . ~ : i ~ l l , npdl
. . .
revedcd it.: ,If. .’As is showu iiiore iri detail in nrlothcr p:lrt of tllis notc, in
apitc of ow.si&aI votes on purdy coniriiunnl lines, the cleavage was bet\r-e~i
rural and urban interests. The one Minister, wlio was recarded ns rl;prc:cnt.
iug ~UA interests, was i~rnays successiut in CrirryinP ;Iny division over 3 qlics-
tion yhich h . r d y had a t henrt. The other JIi&tcr,who W L ~ tliuilght to
be ‘idmti!ip:ll rather with urban interests,
mRered a: least one severe defeat over i~ big qiiestiorl. in spite oi the s u p p r t
&:the 0Eci:d bI0-c. From the beginning of the serond Coclncil, botli Jli:liite:s
bhl%Z t o therural section d i c h has a clear majority in the Co,Iccil, m.1 t h c
9 hz3 a3 &d a chance of succi’si with his musuru ay the other, Lnhore. (dj Fimilnriy, ns statcci in ( c ) , Blinistcrs shniiltl hxrc ccmplete fismI
frcwlorn and be re1e:isctl froni tlic fctt.srv iiiipo:;cd on their actions
by the Srinncc depzrtmcnt.
(c) Unless and until the entire prorincid Government itr rnxde responsible
the order of the (lay. It must % recognised that elect,ions of the
to an elected lqqislaturc, friction. discontent and deadlocks will 1)e
future rnoiild send in incre:wd rnenihers. intlependcnt memLer.3
who mould be reluctant to lend their support to x Govzriiiiient
which is not responsible t o public aspirations and public wishes. ..
The above constitiiticnnl chiinges may in some cases be brought
about by the exercise of the rule-maliirig poiv-crs posscssec! by tlie
Government under the present Act, I i u t it is subinitted that the
strricture of the Act conteniphtes Dyaichy ns an essentid
feature. and if Dj-zxhy is to 6’". as is the gencrd desire of the
country, the Act must he :mcnticd. 3 7 i 378
Memorandum by Mr. 1. Bnrknt Ali, M.A., L L.B., Vakil,
High Court and Vice-President, The Punjab Provincial
..
3. ‘
Muslim Leng-ae, Lah -re.
I. Advance within the S c t is possible only in the sphere of Prorincid
Goveknment and .should be along the following lines :-
. (a) The distinction betrreen t.ransferrcd and rcserved subjects should
be abolished. This would rilean the end of Dyarchy. Dyarcliy
as a tentative nicasure to suit the reqnireiricnts of a transitiuxrl
period has served its purpose, but it is no more in keeping wit!i
the political consciousness of thc country and the dcrnorrntic
notions and tlie constitiitiond practices act1 conventions w1iii.h.
t h e Reforms have brought in their train. All provincial subjects
should be placed in the hnnd of Ministers, rrsponsible t o the
Legislature. As for the Governor’s power of intervention, I
would put no legal limits thereon, but would constitutionally
check it by tlie estnblishment of the &nrention that the Governor
shall be guided by the advice of Eis Ministers, unless d i e r e tho
latter are not supported by a Lcgislaturc cnjoyiq the conli-
dcuce of tiie country 05 propcrly s p d i i n g , the voters. The
power of DissoIutioE wonId be a goor1 nie:as of tcsting whethcr
thc Jlinisters enjoy t,he coiifidencc of d e eleqtorzte. . .
( b ) The appointment of ‘non-o!fi&il rmt:riibe~d, of the Jrgislaturo 111
b- council Sccrctarics is not only 1inJch:lile bllt pi~rx~it-iiiiis. as wI-
cii1:ited to siipprtiss the irrw?or:i ci siwh nicni bers as :ire : i p i i n t –
ed coencil Sccretnries. The Act neid not be mit.nd~:d for tl!iq.
for tfu: povxr t o appoint is only discretionary with the i h v t m o r .
an$ if such appointments are held to be undesirable, no Goviirmr
need make them.
(c) The establishment of complete sutoiiorny in the provinrcs n-orilil
necessitate the disaypcar::nce of the nomin;rt-cd bloc of o f ! i d s
who are in the prcsc-nt condition of thin,?$ t d e n ni\-:ry frcin thisir
duties to attcwd to coiinril Irork. 1 ad\-oratc .m ~~.liolly elci:ttiil
house n-ith a rcserrcd nunilier of Parlitii1:entar- appointrncnts
t o be filled by Jlinixteru a t tl,eir rlincrc!tion, so that t h e Parlk-
mentary undcr Sccretnrirs might liclp in espl:iinin,o and eluvidat-
ing to the House the palicies of Jlioistcrs. The Iattcr .sing!c
handed can not cope with d l legislative bnsi~~css and activity.
The present permanent officials \rho are noniinated for this pur-
pose, should be kept t o their proper duties acd their place should
be taken by Parliameiirnry collea~ues (Jleiiibers oi the Housej
who change with every Jlinistry. Thiassociaticn of prrnianes;
officials directly with an elected h o u ~ e is not desirable. Rensous
can be explained orally if so desired.
( J ) IVhether full provincial autonomy is established or not, it is e w n –
tin1 that the pot\-ers of Jlinistcrs over thc eerviccs u d e r tiic control &odd bc complcte, subject of LOUISC, to the right of
any Member Of the Iiirlim or provincial services, t ? go up in
appcal to thc Covcrnor or thc Governor-Ccncrnl as the case
b’
fl;r v, h:;i 1’ar!ia:11cxi~:try
w i y i : 11:) I : ~ J ix:ccl ~ ! ~ z ~ i i r ,
. 1 .
,’*
.
may be.
(e) Simildrly, as stntctl in ((0, tlic restrictions on thc lihcrty of 3Iiniyters
impostrd by the fi:inncc depnrtm!mt, shwlll be rrnio\;i::!. T!IV
provincial cnlinct, coniposcli of Ai!iiistcrs ant1 Sr,n-?!ini$tcrs,
must act as one, t!io::gli I cor:fcss t!iat in pr::c:it.c this i:; ir-:pi~s:-iIiI!:
in a dyarchical sysr.eni. 3Iirlistcrs ?espuiisiiLlc to an t1cctc:d Iiiiii:-e
and Members of Executive Council, cot rq:spoiisil~le t o a n elcrtcil
house, constitute a team w1:ic-h cannot pi:ll tcyetiicr, :in(! I
believe that in the prPSziit condition of t h y ? , t1:t: cntir!: [ J m –
vincial Government xiu:jt becone responsil!lp: to a n c:lci~teil
legislature, otiierwise friction, discontent ax1 tl-.n:!lot:!is \\ i!! Le
the order of the day. It must be rccogniscil tlint clri,tiuiis of
the future aould send in increased mcmbers iriclepcndLmt mcni-
bers who ao~ild be reluctant to Icnd their S G ~ ~ X to a GoverEi-
ment which is not responsive to public aspirations acd piblic
wishes.
11. Full Provincial autonomy cannot co-csist with an wlio11~- irrtspon-
aible central Government. The tiuie has c o ~ i c :;.Iit%n (~ov~rx;~lic~:t, in a 1iI)erd
and generous spirit, should concede thc inticxhic:ioii of respm:>i:iiiirY in thc
domain of the central Government, ~ i t h the exception of the foIl~~n.ing :-
1. (a) Defence of India, a,nd all mnttcrs coiinccterl wii.ii lIis.l!dj?sty’A
Naval, Military and Air Forces in I&n, or x:ith Iris ?JajI!sty,’s
Indian Marine Service or with any. other force raisct! in int11:t
h,yI Governnents.
other than military 2nd armed pulice K – ~ G U ~ rnniiitainccl .IJY
(a) Navcl and military morlrs an6 cantonmcxts.
2. Erternzl relations, inc1udi;ig o;ituraIi.;i!it;ri m i :,:;.-xi::, ncf! 1:iI.gi.n-
ages beyond India.
3. Relations yith States in.I:l.’in.
4. Political charges.
The administration’of all other ccritrni cii1,jwts s1iniilll hc li:ini!eil ovrr t o
Ministers responsible to the :?sxcnilily, tI:r: ?Iini<tt:rs tri 1 ,\ . i i i h ~ i I R o t iiy t i l t :
permanent officials as at present biit by thcir cu1:l::i;lrit:s
appointments should be provided.
I would advocate an wholly clcctcrl :i.j.::r:i!>I;-:
either in the shape of pcrniancnt oi"nids or cxpcrt:.
TO effectuate this ndvzncc, insistrntly fI(,ni;x:IeJ Ly tlic c;i::itry, an .i:::t,iil:*
mept of the Act will be n e x s x r y . L-iil!cr tilt: .\,.t. IS it ~r::::,is. t!x i i l L ~ ~ ~ < ~ l 1 ~ ~ –
. . fion of any eIemerit of respynALility iz tl:c ,lo::;iii ,If the L,t:ii;i;tl (:io\.c::xclit
.M ‘statutorily impossible.
And ‘ull prnvinr in1 ilutc?nr:ru>- iir pi-cn t!xt(9::flcti TIC Li:iry in t!:v i:rn-
!-in= will be LeEActua! c r I u s ~Lc-.::!p;i::i~~ ~y ,L ~ , , ; ~ . ~ 2 i l ; 1 : 5 i i ! i : :::r::l rt: ~i 3 SO 382
IK-E-XTESSION OF FRASCIIISE.
I am opposed to adult manhood sufferaqe. The time is not ripe for it.
Franchise should however be extended. Property qualification should bc
retained but lowered. Persons with e2ucational qualifications should be given
the right of vote. Any person over the age of 18, \Tho onn show that he hnq
p s s e d some University examination or 311~- esnmiuation recognised by tho
Education Department should have the right to vote. Similarly the right
must be extended to women posscssing oducationnl qunlificotioiis prescribed for
IV.-PCRCENTACE OF SEKS IX TIIE LEGISL.ATIVE COL~XL.
The percentage of seats reserved fdr the differmt communities in the
Punjab by the Liic!iiiow Compact slioultl be adh(:rcd to. If varied it should
be varied in favour of the Sikhs. Tlie ruli. th.t D niinority should not get
fewer seats than i,s required by its proportion in populntion should not be de-
parted from in thc case of the Hindus of the Punjab. SocGnution of members
should be abolished.
every 3 years.
(5) In the initintion and wcr!ik? of p’:lirics the E.-t!xt mus: work r s :):I
indivisible whole. Joiut resFoz0iLi:It.y mw: t , strictip ptorccc!. .i Jlii!istihr
should be entitied t o go uito any question with which another Jliniyter denls 31111
h o a l d hqve the privilcgc of bringing up the matte; bcfore the l ~ i n t rnwting
of the whole Cabinet.
V.–THE CABISET.
(1) Its constitution. The Cabinet should be so constituted tlint no com-
=unity preponderates in it.. The present mode of giving equal rrprrscntation
t o Hindus, hIohammpdnng and Sikhs i n the Punjab in the L’abirxbt should hc
maintairied. I suggest that the sirticcu might 1)e reprcserited in thc Cabinet
E j an additional member. (A fcv; ~t;oplc sliarc this Yicy:)
.. (2) So long as there is CoIUnlI~R3l rcpresentntion the’ JIitiister twlrrte;!
t o represent D community shoultI he :~c~c*:pti~i~le tci 1 Iic n i ~ j ~ i t y of tlte nictribrrs
belonging to his community i?t t!iu Cuiiiicil. Si.Ii~tiiin of i1iIii::cr s l l d t i rrst
with the Governor and zhould be rxade prcft:ral)ly out of ;I 1~anc.l ~ ) r n l ; o x J by
the members represeniiiig the community in the c’ou~icil.
(3) Every JIinister should be made to redisc that he is not tri rely solcly
on the support of a majority consistii:g of liis cr,nimiinity onl::. I f the mcS1rilrt:r.
of any community have in some constitiit i o n i l l way i!i\.ibn c>snri,+ion to thttir
want of confidence in a Minister, a conwntion shoultl lie established that th;, t
Minister is not t o be re-appoicrxl for ? ~ic.riucl of S years.
(4) There should be u c.!xzg+ of portfuliss amongzt ?!x Jlinisters nf1t.r

J-l.-‘rIIE RECRI-ITMEST OT: SEZVIC’ES.
( 1 ) Recruitment of Feri-ices shoulcl b- in the h:icc!s or tne Gcir.e:rlo-.
Efficiency of service should be thc solc corxidcration in makiy? revliiitnicnt.
Appointments should be mark s&!y on merit. For this 1:iirpx n Ecnrd of
CommisRioners or a Public Service L ‘ o m n k i m :hould Lc ccnstitutcd Ly 11. E.
men. K–iYAH CH-iSD P-UDIT, 3I.:i.,
Bar-at-kw,
Member, Lrgislatice Coiincil, Punjab,
Sccrctary, ‘‘ T’hc Hindu Sationallst Party ”
_-
in fh Connclz. Manmandurn by Mr. Garshln Rai, Lt hore.
Doted the 13th August 1C.24.
From-GuLsnaw RAI, Esq., 3Iohanlal Road, Lahore,
To-The Secretary, Reforms Enquiry Committee, Simla.
I ha\-e the honour to sulniit hereninth my n:ernoracdum on the Torking
of Corrstitctiona! Ilefoni:~. I have becn Secretary of the Punjab Hindu SnLho
for a numtm of vrars. m i z :eil#j1\’ ci thc ?unj;i!i lTiii\-ers;:y, was a clj-apted
member of the 11,tlifL:; 1’icfom.i ?on:!!:irtc.c is t h !’:inia!i iu 1920, m n 2 Joint
Secretary of thc Sar,zt:m:~ Ek.r:xa L’ollc;!: Sq!t;ivt!r, and 3111 Vicc-Prkci_nd
in that college, tcacbnz Hi-tory and fo!itical Phi!osophy.
Jl’einorandiim oiz the z<vriir;g o j Cmdtvtionui R-jorornrz.
The niinisters unc]::r th? present system of T ) ~ ~ i c ! l ~ nrc \ToAiq u d ! r
great disabilities, i::asrr..;ch as-
. I. Tlicj- hare to Jc.p..n,! on tlie nornir.nir.c! :i::d h> tjZt:ial,lj’t,c!< In’rhc
Council ,in ordcr to carry oiit thc ir IyiIicy, . i ~ ( i ~:i:lsc:,~~:cnt?v-tt~PJ~;p to be
iindei tXe i.hunlh of t ~ c o ! ~ c h l i)!ru!:.
Ii:imii:*rr.cI lly tlie Finmcc i)t*p;rrt- 2. Thcp are constanil;: u Z o o ‘ . – ~ l
mcnt. TI& d-p:rrt;wnt urititsr i 11.: jin’w-ii circzJIixt:ti:cr.s w w u t i)c cspcutctl
to do j!istic*e to thc ‘rransicrhii D<,p:lrti:icnts.
0.
9 m I he J>c.ptnirnt,-.i Cotlrz. Khic:h arc -G!-Tiiilia :Iiithoiitiss, atcln;l a gfmd
deal in the n-ny of the freechxii of action cf the rniuiztcrs.
4 . Indim Irgk!atio2 in ‘i’rzcsferred ? ~ b j c c t ~ also cfttIrivc:i thc ziinittcrs
of freedom of action.
‘ 5. They do riot p.;css su!Tiuitnt powcry \)f ccintrol over the services. Tho
Transferred Departments c a ~ n o t thcrcfom be mu in the way in which the
ministers want.
6. They ‘do not poasess full powers ovpr expentliture in the Trxuferred
Departments.
7. They FossesJ very little powers in detmninin: tantion.
SO long as them are some departments which arc reser&d for administra-
tion by the Executivc Council. money must in preference be found for these
departments, and transferred drpartmcnts can never zet full justice. So Ion<
ns Bureaucracy is responsible for the administration of Reserved Departments,
ministers in charge of Transferred Departments can never get fail powers, and
responsible government in the real sense.of the word can never be estnS1isht.d in
provinces. The 0d.v remedy against the present diszbilitics of thc ministers is
the establishment of full Responsible Government in Provinces,
I recognise all departrner?ts canrot be tiansfezcd to the ministers u n l r s
all interests nre fairly rcprcsented in t hc 1’rovinci;rl Legislatux3 u d i i i i l i ~ n *
LI 1:rlIID 38 G 387
Letter from the General Secretary, Bihnr Provincial Kisan
Sabha, No. 42, dated Muzaffarpur, the 20th August 1924.
(Home I beg to acknowledge the rcccipt of your letter no. D.-!!;?!-Public
Department), dated the 15th August I!t!-I, asking mc to wnd niy Jleniora~idum
of evidence before your Conimittce.
In reply I beg to submit Lercwith the Jlcnio. of my eviilcnec on h h l f of
the peasants (Iiisans) of Uihar with a i-cqricst that tlic clairiis of thc l’cauaiitry
of ,Bihar w-ill be adcquatcly conderell by tlic Coriirnittce. 388 niattvrs
L’
390
Tenancy Bill was before the UnitLd Provizccs Council the tenants of Ul;itcd Pru-
vinces fared very badly a t the hand3 of the landholders’ party which waa a pre-
ponderating majority in the council. The result was that many amendments
favourable to Zemindars were carried even against official oppcsitio.1. In Bihar
the two present Ninisters mere my colleagues on the Bihar Tenancy Bill Cop-
miitee and, although Loth are my personal friends, they were strongly opposed to
any concession being granted to the tenant.s, rather they were leading the Zemin-
dar party in the committee. If they had been entrusted with tenancy leghla-
tion and the majority of the council was with them I think they would have
taken away even most of the rights enjoyed by the tenants a t present. So
please have dyarchy by all means but do not transfer the t e m n j q u a –
tion in their hands. Let it be a reserver! subject unless and until there is secured
adequate i n d effective rcprcsentation of the peasantry. The more on this
aubject in my cross-examination.
The power of ccrtification by Governors be limitcd in extreme cases. But
t h k power oi vetoing Legislative Acts should remain so that co undue advantage
be at present taken by ninlority party by having an Act passed to injure the
minority p*3rty. JIorc indc.pcndence be given to local Governxilent.
My Sabha is o f opinion that dyarchy should be .introduced in ti!c Central
Government +o. Such suhjects as Pubt Ollicr, T.eic~g!rlt~;l; ;iiid other,, mjttcrs
be placed in tlie hands of JIinistgs and only Fuscipi. Pi~liticaland
should bd illowed t o rcfiiain rcscrvcd. The power of Viceroy’s kvrtific+ion
aEo be limited.
I n short I lvg to point oi:t f1:at WI: li;:;.c ::ccn t!x d c f ~ ~ t s of t!ic Govern-
ment of India :kt 31:d t!lc ri1Ic.s thcreuntlvr. Let tlivrc be thorough revision
of the constitution of tile l’ruvincial as ncll :IS Imperial councils-on a more
broader, libcrd and rcprtscntztivc Luis. Lct special electorates far land-
holders and JIusa.hinn~ Lc nLuiisLcd. Lct tlicrc IIC n common electorate
for all. In thc c ~ j c of M~.ns;tl:ii.~n~ p!mx fix :heir ni:inL:c:r for some years t o
come on the population bask in i l l the Provinces. T!!v i h of political impor-
tance of any community shoLld not bc entertainid. Let tlic constitution be so
revised as to al!om a t l q u a t e and eBcctive reprcsciitiLtioii to pcasmtry and the
labour. IYithout this tticrc c-n not be full rcspon-illc and rc:prcsentati\-e
Government. Let dyrrrchy coctinul: in thc l’roviiiccs xith niorc transferred
subjects and introduce (lyarchy systcru in C’cntr:ii (2ovcrnr:icnt.
Before I conclude I wish to answer one or <.YO o’.jcctions a3 to wlirtlicr
further advance czn be rn:rdc. The first is n~ to n.h;athl.r tlw masscs have b e ~ n
well-educated t o exercise their right of voting. Tliis qiicstion I wish to answer
thoroughly from my persoral experience in cross-examination, suffice it t o say
t h a t the e!cctorctcs have not bccn up to this time educated on proper lines.
No proper party proyarnme has as yet been propoucdcd by would-be cardi-
dates such as if IaLdholders they will support pcrrnanent settlement and other
rights of the Zemindars. If non-zcmindar he wi’l iollow this course or .that
course in the council. Generally men of big pockets succeed in elections whether
he be an idiot, educated or uneducated n-ith a few exceptions. The voters of
t h e villages do not properly understand what benefit they can get by electing
this.rnan or t h a t man. If you take up tenancy qiieltion then you can easily
~ ~ ~ ~ ~ ~ m r r the tie;isz.iits’ iutl;r.<. Blit i c n mixed t.Ic.ctor3tc it is very d.iirnlt 30 1 and bclp tlicm. Cut in nhnt KAY 1 Are they all prcpared to remove ‘tha
grievances of the tenants as mentioned abovc. I must teil >-OIL Sir. we arc
not i u farour of ccmmunnl n-nriare. That shculd be discouraged. But
certainly x-c $cad f G r e;unl justice and protection of 13.11 interTsts, r i z . (1) ~ a ~ t l –
lorcis, (2) tenants. (Si c rpitalists, and ( 4 ) 1;lbour. All castc3 ant1 conimunitics
wmif unrler one catchpry or the other nhctiier they are hi.$ class peoi~lt: or
so-called dcpress,:d cl.isscs. I must szy t’.:it tlic Soii:h’ooro~r~’ll Coni:iiirtcc
f:riled to satisfy tile ,gric:\-nnces of ai! interests eqii~I!p. Espericncc 1:~s s]it>\s-~i
that the neglected snti impor:nnt inrerests ‘ u e d protrction. Let us ho?c.
n-hat Southborough Committee failed to do. this Cminiittee will fulfil. I’llis
is my supplementary statenlent. I hop! anti trukr1i:tt you Fill give nie nn
ogportunity of beiog hcnrd briore yoti h l x the S x x L j i s s and liru:!luldcrs.
I nm prepared to stnrt for Sini1.i the 3,iinctit I grit n-irc. 39 3
Memotandnm by Mr. S. M. Chitnapis, ex-Minister, Central
Provinces.
The new Reforms were designed with the object of developing Responsibh
Government in India. But as mder all systems of Responsible governmeuf
the Executive must in administering the affairs of the country be responsible t3
the people through the repreeentatives in the legislative bodies, it is essentinf
that a proper and intelligent electorate be first created. If on account of the
general illiteraoy and lack of public spirit of the people the proper and intelli
gent electorate hiis to be small, no large amount of responsibility in administrat.iv-
work can with safety be entiusted t o thcir representatives io legislative bo&ese
The growth of Resp~nsible Government must therefore depend on the gron-th.
of the size of the electorate. If this clcctorate is small the amount of administra-
tive work entrusted to the Jlinistcrs choscn out of the elected representatives
b u s t also be correrpondingly small. At present in the Central Province3 and Berar
the urban electorate is about 11 .1 per cent of the male population in the urban
constituencies, the rural eloctornte is ’? per cent of the male population in the rurd
constituencies, and the total electorate is 3’6 per cent of the total male population.
The only functions, it is said, that can be entrusted to JGistcrs in J Council con-
stitiitcd on this basis are those which are concerned Il-ith r a i h g the intellectual
level of the people, or in fostering civic lifeomon: them, or the administration of
departmont~ which are not likely to bring about clash of interests betmen the en-
franchised clasaes and the unenfraqchised masses. The other functions must
for the pzesent cbnthue to b under the’bureaucracy. He&e arise9 the necessity
of draI+ aline between those functions of go!-ernment that can be safely entrust-
ed to %histera and those thah cannot be so entrusted. Thk is the justification
I . of dyarchy.. . –
2. Bul‘dyGchp is a stage in the development of full Responsible Government.
Till full respohible government is attained the popu!ar or Parliam~ntn!~ hdf of
Government must constantly be engaged in raising the intellcctuul :ere1 of tho
peoy!e. in promoting civic life among them, for in that way it becomes possible
to xiden the franchise, e.rpand the electorate and thus erentunlly make out a case
for increasing the work of the Ministers. For this purpose the JIiuisten must
have a free hand in the administration of the.d!!partments entrusted to them. It
hns to b i seen whether the present constitution and practice a l l o ~ s t o the
&&&‘a free hand in the administration of the departments under them.
3. In the first place, a t the top of the ac!nii:iistrxtion is the Gorcmor ~ h o a e
reJation tohis W t e r s is that of a superior authority in u-hti~ii much rcserre poire:
and a kery large amonuf of discretion is vested. d perusal of the relevant SCC-
tiom of the Government of India Act ~vould :ire tlic impression t!iat Jlinister: nre
accord-ed greater authority than Xembcrs of the Executive Council for the wrj-
r-o$..that they are accountable to the Legisl:iti;.c Council n:id can be txncd out
of o e by an adverse vote of the Council, whereas 1ncmbczi of the Exccu:ivl:
corn$., are accountable not to the LcgiAtive Connci! but to hi;her exx-ativc
ut this impression is liL?Jlc to bc moii5,cd 01: 3 pzm:l of t;?v 13-
Instructions to the Gorernors. 2nd it will lie sti!l :uox qiidiSrd b!- ;I
rules made under the Govcrixlicnt of Indiz -let. The ru!cs ira:iicd
Act have actually had the effect., in prxticvl duinistrstioii, oi taking 303 396
Secretary and his whole s t i b f f owed allegiance to t h e Governor-in-Coiincil
nnly irud uot to tlie Governor acting with his Ministers. The Finance J.1embi.r
i* in charge of several subjects some ofthem being expenditure heads, acd the
IatLer start with an initial advantage. He being a part of the Governor-iu-
Council is retlponsible not to tlic Legislative Council but t o the Secretary of dt3t.t.
througli the Governiiienb of India. He hiw no manner’ of responsibility for
t o
the
nliom
Transferred
the Finance
subjects-for
Member
their
is subordinate
iinirnce or + adniiiiistrrrtion.
similarly and equirlly
The Governor
respon-
bible not t o the Legislative Council, but to the Secretrrry of Stotc tlirough the
Government of Iudie for the dministration of the Rcserved subjects. !ic is
suppased-only supposed-to be carrying out fnithfully the provisions of t t u
Act and tlie Instrunlent of Instructions and the Rulcs, modified by the uu-
published rules of Esecutivc business.
7. An ag,ecrcd JIiilistx cannot take into confidence the Legislative
Council t o which he is supposed to be responsible 3s to how he has fnrcd with
his Reserved collcagaes and his Chicf. If supported by his Co-Minister or
Ministers he can ask for the appointment of a JoiLt Iciniincc Sccrctary to
look after the financcs of the transfcrrcd dcpartnic.nts. T h t this ofiicer’s
posiiion wodd be iiiimrialle needs no saying. Tlir appointment kould be
liable to be interpreted as a proof of want of confitfence in the Finance
Member and the Finance Secretary. He would be dependent upon them for
his prospects in service. He might be looked upon as a spy. It is no
wonder t h a t in no Province .have Xnisters pressed for the appointment
of a Joint Finance Sccretary.
8. The functions of the Finance Department are described in Rule 37
of the Devolution Rules. I n a word all tLc strinjis of Pulilic Finance in the
province are in thc hands of the Provincid Finance Deprtmcnt. If a Munici-
pal Committee applied to Govcrnment for loan for constructing n plant of
water supply the Minister-in-charge cannot sanction such loan withoiit prc-
viously consulting the Finance Department. If a District Council applies
for a loan required for capital expenditure on Hospital buildings, or for uniler-
taking sanitary works in rural areas, if the Co-opcrative Crcdit Socictics st;inif
in.need of a temporary loan froni Government, if in order to promote
temperance in the country thc Jlinisters want. to enhance still-head duty
on Iiqiior cr license fzcs for ti!e sn!c of iutoxivatir!: driigs, if t h e is a proposd
t o grant S;ate loans for the dcvciopmcnt of certain intlustrics. ant1 so on, the
Finance Department must first be consulted, its advice sought. and its per-
mission obtained. Biter. the grants for scverd dcpartmeiits hai;e been
aanccioned by the legiulgture, money cannot he spent unless pcrmisiiop for
appropriation has first been given by tne Finance Dcpnrtrncnt. After t h e
grants have been sanctioned and appropriated, the JIinisters cannot
make any reappropriations from oue JIajor or JIicor head t o another with-
out the sanction of the Finance Departmciit. Again, without the permiasion
o f ‘ t h a t department no office can be added to or withdrawn from the Public
Service in t.he Province, and the emolumeiits of no post can be varied, no
allowance, no special or pcrsonal pay ran be snnrtioned for any of the posts
i,r f(br any Governnieiit servant. In deridiog any of these matters the Govern-
m m t miiut taka th:: rpport of t h e Fin3nC:e Deyartnent into consideration. It will thus beseen t h a t the powers of the Finance Dcpartmrnt are all-enibrac
ing nnd t.he Ministers are so much under the leacling s t r i r p of thiJ departnient
t h a t they t+n do nothing without previously corisultiiig it.
9. From an enume:ntion of all these powers of tlie Finance Department
I do not want to give n r i iiiipIcssion that I object to these powers teing eser-
cised by them. It is obvious ihat Ministers n:ust nlway.: niid iri every country
depend on expert fin3nci;rl advice. But the point I \vnIlt to n d i e oui i s thzt
the E x y r t authority, oiz.. the Proriricid 1iirianc.c Ih!x~rtiwrit pczacssing
such wide powers of control on the J h i s t e r s is in its tiirii coiitrolltd by an
Executive Councillor. Ih every little niattcr the departmental hzails of
transferred c1cpa.rtment.s must obtain the sanction not so niwh of the
Ministers to whom they are responsible, hut a t1eptrtnicr:t outside the voritrol
of Ministers. The pouers of the purse are thus eritiri!!y in tic: liauri~ c?f the
Esecutive Council. The Finance lkpartrueiit po.+~:ssc~s tliu conbriti1tinii:il
power of conducting itself in w c h a \vay as to I<ci!p thc tr;inrfi.rred iIe!~;~rt-
mcnts on reduced rations. One technical olijei:ti!,ii or aiiot1ic.r. fri3rii 3
Sinancia] point of view, e i n always be raiseil nTiiiist si.hriiics of new . . S ~ I P I I ~ ~ ; –
ture and Blinisters can thus be prevented fruni taking p o p r meai:r”.i
in pursuance of their policy. So long as this state oI.:tlf:iirs CAII occur. :rii,l ic
seems that i t has occurred in the I:iiiteil Pro .-iricrs:nd -oxm otiwr ! m v . i ~ i , l a ’ i a
Ministers wannot avoid being controlled and inipded in tlicir :crio;ls b? :I.o
other half of Government.
4::
. . Lct me add t h a t my relations with the Hon’I~le Firinnre Jlc!r%!r item
very friendly snd by means of free informal tallis I got oii ivell, o!i .:Lc iiii+,
yith him and the two Finance Secretaries of my time, h i t thcrc i. almoc,
pothing to be said for the system itself. The virtual corircrsion
the Finance Department into a Reserved Department is wrong ir, >rinci$9
and its drawbacks can 4fe emphasized actuaiiy in p r e c t i d zdEkk:.trii,ii.
rule? G t
10. And-now I come to the “ Restrictions of Higlit’r aut11ori:ir:s .’. Thew
restrictions hare t o be considered under two heads. tliiit is to say in I+!a:i.\=
and secondly, in finance. In lcgislation the Ai,:.s of I’ro\-irliid i–o-:prny?ntS I’
be divided into two classes (a) those that beiorc introifircliim ir? !lip i‘-iivi!ii
Councils do not require zanrtion of Governor G*iitml ;inti t;~) t l w c t h r a23 reqiiirc
FU& sanction. Those Bills which before introclucriori into t h c Lt!$:ic:::,..* C
do not require tlie previous sanction of the Crovvrrmr (:i!ric.r::l ~iiii:: w’:.-r 1)
through the provincial legislature obtain not iti:Iy the asscsrit of the C
also of the Governor General. The Governor c n , if hc li!<i:s,\ritl!h-c!:
If a Bill passed by the Provincial Lepi.4rture contains provisioc: : . I ) ntfcctinz
the religion or religious rites of any class of British subjvvts i r i Bitish 1ntli.L
(6) regulating the constitution or fmctions of any Cnivc.r.4ty xic! ‘ c itt-iuy the
effect of including within 3 transferred subjeet nxtter:; \i-l!i:-:! !invr. L:hitrro hcri
CITified as reserved subjects, thc Governor, without h i i d f a:+ctin:,‘ to it
must raerve it for the consideration of the Governor General. 12 -he ortliii;ir,v
administration of the trmisfrrrcd siibjccts also t!iere Jre soli1t..rrste*-: :;s on thi!
powt-re of Ministerr. If a lliiiister proposes tiiut l o , d hot1ie.s .slio-i.*l Jet power‘:‘
b b o n o ~ money ot.hrrwiw than from D Provincial Gnw:nnii>:it. 1 . r ~ :: -e ixopos1.s
that they should possess poivery # i f ~ . t x ~ ~ ~ i ~ ~ i i F+::-:irii! .+\I, d::’e I! i .cI.+dii!r11
Taxesfiile :, hi:pri)pi)s:ils riiii-t first r I ! C ~ ’ i \ . t ’ t h i , ~ , i n ~ . r i i i : i , i f tht. I :IJ.Y;:::- i:’ ~‘cner:tl.
. — ni;i,ri!-
400
bp this means. For instance, the excessive p o ~ e r s conceded under the rules to
the Governor can he curtailed by suitable amendments thereof. Similarly it
ir p o s d l e to inrrease the number of ‘ transferred * subjects as well as the powers
of JIinisters. The recommenJntion of the Joint Committee of Parliument
concerning joii:t tleliheratious between tlie Rescn-zd and Transferred halves
of Government, but n hicb h:ix varied from province to province under differeut
Governors or even the pan;(! Governor according to teniperament, prejudice
arid circurnstnnc-es can be matie ohliptory. So in tlic Central Government
tlic Secretary oi Stnttt r a n i1rieo;ite to the Govcrnor-C:enernl-in-Couricil most,
if not all. of the piin’i’rs of suyeriiitericlciice~ direction 3rd control now vesteii
in Iiini. I.ct t!ik : l r I t l ereryt!iiiq c ‘ l x tliclt iu po.~sil~lc under the .\ct be rlone
by. nil means. Brit. 1 niiist iivt omit to say that the advance which it will be
possibli. to ninl;e 1)y s i r h means wiil fall very milch short of true rwpoiisiijk
(;oi-ernInr:nt 1v1ric.h thr ctiuiitr!- i1eni:intls ;inJ it n-iil bc deeply reseutai :inti
8 trongiy oppwil hy 311 politiriiins in Iii~lia.
17. As rcr:iriis snnie of the objpctions I I : Y Q , ~ against any future constitu-
tional alvnncc. I \\ r ~ r i ! ~ l ol)+wcl I lint the l,riri!:i,i2 aborit of a coniplete cessation
of cornxtiiiniil or stirtiorial cori:iic.ts must I rt il !ong continued process. O:il>-
under. the n-cizht of wnirnou !r.ymiisiliilities n-hich \vould be laid upon tlicrn
in a state Oi’ Self-Co\-Prnriient and a stimulus of common endccivour to mnku
that state as prmlurtil-e of qood as pns,ible to all the communities that thev
noulcl bcgin to realize qiiickly the unity of their i n i s :ind jziterpts. Simihrly
the removal of untmie?i:Ll;iiiry is riot a work of n fe\\* 1lrii.f nioriths. .A vicorous
movement is at prc.?er:t cniiie (I:I i n the coiiiitry and is sure to brnr fruit. erl?
Iqcg. -4s fbr ‘tlri: iiIiter:!cJ- i ) f i I i t 3 rn;isFi-s almost ail the LvorIti over constitu-
ti<jr~;?i. rvf~;rm:~h:it-c p;rxv,,ili*rl ;it the im+tacce of the intelli!pt..;i:r and thc
erliicnteci clissrs. If the rirzyrit Itcfornis are ni:icle to wait the s p r i d of eriu-
catioii :iniorig the rnasc’s then I mi afraid we IUUSC wait pttrhaps indetiniteiy.
IS. TI) suni up, my priipm;:!.s ;ire :-
( I ) The JIiii’sters be emnr:r,ipnted from a p e n t clcal of coctrol ovo’r
tllcm rrnur\-ed to the Govcr::or ;
(2) -1 3Iinistry. in p1i1c.e of iricliritliid Jlinisters, bc recognizc(i and
cor po ri: t i’ r cs 110 iis i i ; I; i I !- prc2cr i b t d ;
(3) Tlic powt:rs of JIirii2:i-r: l i t : i:r:l:irwl :in11 thcy hct rclic>ved nf a ,T.cnt
of the esisririg rc.;trictinnJ-linarcini. Iegislativc ar,ii
atiniiiiistrxtive ;
(-1) The Firinrice Dcp:ir:ni+nt bi. removed from the control of 3 1Ienil)t:r
of the Eseci:ti-.-tt Council ;
( 5 ) . Full nutonom:; anil !inn.er w-pr the purse he Tnuted in the pro7:inccs
t o tile rc~!lrewntaii\-~~s of t ! i t s pi:ople in the legislatures ;
(6) The Ccntral C;ovcrnn;cni. :\it’. cc:rtai!i c\crption.?, he rn:itlc reyon-
sihle t o thc rcprcse:n:iltiveJ of the pt:oiilu in the Indian L.lris
3. ‘ lature. 401
memorandum by Rao .Bahadar N. K. : g e m , ex-Minister,
Central Pyovinces.
Letter, dated Balaghtlt (C. P.), thc 15th July 1924.
From-Rao Bohadur N. K. Kelkar,
To-The Secretary, Reforms Enquiry Committw, Simla.
I have the honour to acknowledge receipt of your letter no. F.-1661
.1111124-Public, of the 3rd instant, and i:i reply thereto, send you a mritteii
nfemorandum of evidence.. This DIcmorandum consists of two parts, ( a )
Printed and ( b ) Typed. The first was submitted by me to the Local
Government (Central Prnvinccs) in response to their letter. in which I was
aslred to writc a note on tlic woriiiny of Z h l f i w k y . JIy evidence ail1 be on
the lines laid down in the printvd nntc. * In the Supplementary t)-ped note,
I have mentioned a few more points and illustrations.
If the Committee desires to esamine me orally, I shall be glad to
appear before it for that purpose. Please let me knbw ils early as posvi
ble, if the Committee will require my prcscncc? for oral examination. I f
80, I may be informed of the place where and the’date on which I s l d l
have t o be present. This information will cnihlc 1111: to ar:.anz.c for m y
other programme of work.
Please acknowledge receipt of the Enclosures.
-Pam asked to place on record the observations I may hare ?o mnke
as the result of my personal experience of workin: of the reforms in the
Centra€.Provinces lind Berar d u r h g the last three years. In doing :.SO
J desire to make it clear that nothing that is put-down here is writtez
with a View to cast any reflection on anyone; I am givinz mv o m
experience with the main object of pointing out .th6 defects in the working
of dyarchy.
More. than three years ago people had grave doubt abouz the success
of the reforms under dpaFhy. It could be said a t that time that the
apprchensions on one side and sangnine or fairly s:ingiiinc be!ief in the
succe.ss of -the scheme on the other were equally irn:igin$ry. It is possi
ble now after three years’ experience to dispense with mcrc im.qination~
or conjectures. Those who had the priri!ege of being assorintcd Kith the
actual working of the .?forms must substantiate their obdrrations- by
inferences from facts and references to concrete instances.
2. :One cannot fully appreciate the working of these rC-cms unless
the said wmking is examihed from start to finish. For a p r r y r estimate
of the whole’sitnation we must begin with elections.
I- After the introduction of the reforms there were tx.q elections
and,dthourl-on either occasion it may be said that they xere brought
ahout,or infiuenced by circumstances more or less of a temporay character,
nch in the results which ought to open the eyes of GoI-ernment
of those who believe in constitutional progress.
on’t rememher now the total number of voters rrsd.r all con-
b d 1 believe the percentage of the total nnm,?t.r of voters
population is very small. A larpe mnjnriir .-i even the
^voters is .illiterate and they or a fairly large ;.:-ion of tLo –
404
education, ( b ) .establishment of village panchayats o r co-operativuocieties,
( c ) introduction of uniform weights and measures, etc.
13. Such concessions w o u l ~ neither help Government nor this class.
This representation must be dift’crcntiated from other special representa-
tions such as that of’ mining. coxnmcrce and industry, university, etc.,
branches. . which require te&ic;ll kno\vledge and practical experience, of those
14. Similarly, I do not sce.nny necessity for retaining the seats
reserved for urban representation other than for the towns of Nagpur and
Jubbulpore.
Now that the baf arising out of insistence on residential qUahfiCatiOn
is removed it is immaterial to retain any seats for urban people.
15. I do not propose to go into details further. It will suffice for the
purposes of this note to say that i t will take years before the electorate is
properly trained i n the sense of forming a j u d p r n t on dcfiiiitc political
issues. It is neither safe nor necessary to wait till the wliole electorate
is propecly trained. The deficiencies i p thc electorate ought to be removed
without loss of time i n the manner suggcstctl bcforc firstly by prcscr,ib-
ing much higher qualifications for members from which i t follows those of
Ministers anti Council Secretaries, scc(Jndv by abolishin? communal and
class. represent.ations, thirdly by rcriioving tlic ot’liciiil element from the
Council and fourthly by incrc:ising the strength of special representation
that require technical knowledge and pract i c d csi)ciicIlce.
16. If these points fail to rcccive iniinrt1i;itc consideration and if the
Councils are not rcconstrucatetl on tlic lines sii:r;rcstcd iibiive, I tliixik i t is
worse than useless to tllinli of furtllcr po1itie;il adviinco or to t d l i about
representative and resp~~nsilrlc (.~~cwcmiiiciit. A s in t l i c : piLst so in the
future we shall continue to wixtki’oiir cni:rgics and tiiiic in c;irrying on
aimless agitation on the one piirt and in fomenting racial animosities and
parochial jealousies on tlic other.
17. Having secured nu iiiiprovrrnent in the constitution of the Council,
the next step is to securc a n improvement and cfficicncy in the work of
the Council. Council work is diritlcd into three parts : – ( u ) , lcgislative,’
( b ) administrative and ( c ) fjnancial.
18. Before proceeding to (leal Kith these matters in dctail I should
like to say a few n-ords about the Council Srcrctiirics and t!ie tlepartrncntal
,Standing Committees. I t may a130 Lc uel’ul to consider if three years a r e
sufficient for Council life.
The system of training Indians in the a r t of nt1ni;nistration by appoint-
ing them as Council Secretaries did not \wrk well in these provinces.
Owing to financial stringency :cry low rcniiincration was fixed and that
failed to attract business men to take up this work in earnestness., Thgt
remuneration r a s again reduct4 to a ridiculous amount by a vote of tlie
Council. This reduction was made lvith a view to compel the Secretaries
to resign their offices. I t was suspected that these people by acceoting
offices became for all. practical purposes Government rncmbers and as such
were bound to vote ~ i t l i Gowrnrnent. Tlirrcby the non-official majority
i n the Council TXS reduced SO f a r iis voting W:IS concerned. This feeling
or misunt!crstanding can be rc.rnovrr1 h 1 nppo;ilting Conncil Secretaries
out of tlinse who comm;intl the ni;i.joriiy of wtcs in the Collncil or by
selwtiiip thrm out of ii panel f i ~ t l by the Council. Suction 51′ of the
may be ~~nic~iidcd o i l tli*&T liiicj. 406 22. It is only with rcgnrd to the esrcutive functionhof Govcrnment
tliat. the rcirl aigxiificaiice 01 dy;iri:liy hiis to be ;IL~L..>xI~. I liirvc indicated
bcforc that the Couiicil as such did not sliow aiiy niaritrd hostility towards
reserved subjects nor did it show any favourit ism o r lcnicncp towards
transfcrrcd dqxirtiiieuts. Utrtli 1i;ilws of Gowriinicnt iwre rre.itel1 Ly
tlie Coiincil very nearly in ~ l i c siiuc iii:iniwr. This was due to tlic geiierd
iinprcshion that had g;iiued ii firill Iiold in SOIUC qii;irters that tlie Executive
C’ounciliors and the 3liiiisicr.s 1 i ; i d iiicrgc(1 t l ~ c ~ ~ i ~ c l ~ ~ c s into bureiiiicr;icy ant1
they had bound thcmsclvcs to sul)l)urt the poiicics or uicasurcs tli:it wei’c
dictated to them by tIic L’ovcriior, C;ovci-iior Gcucr;il or the Qtatc Secretary.
Even so far as the TrmsTrrrccl dc~l);rr;niciits \\ere conccrxicd, it wiis very
dificult for tlic Ministers to rciiiow this imprcssion.
. 33. The Executive Count-illors o r 3iinisters did not oppose ench otticr
in open Council either by s1)eecIii:s or by silciit \otcs or by refraining froin
voting on any particular nic;i.ciirc. O U P contluct Iiiitl t l x cII’cct of crcat-
ing an ostcnsible impression that every one of 11s realized .the v:iliic or
iuiportancc of joint 1ii:bility of iiiciiilicrs of Gowriiiucnt. A s a matter
of fact, hoivcver, tlie inner working of Gowriiiiieiit was cliifcrcnt. Cabinet
meetings were fciv and far lx!tiwtm. At t l i c d iiiivtiiigs cliscussioiis were
more or less iiiforiiial. TIic Jliiiistcrs were allo\vctl voice, but siiicc tliey
had no votes they did not fccl that tlicy \\’ere iiiorall>- rcspiimibie for ~ h v
administration of rcscrvctl subjects. Tlic snuie rciiinrk liolds g w d i n tlie
case of Exccutivc Couiieii lors i l l . < ( ) .
31. Jiy general iiprcssion is t1int.&cutiw Co!incillors ant1 1iinisti.w
a c t 4 almost indepi7dcntlp of e;icli otliiir. ‘Tlri~ Ext~c!iitivc [‘oiincillni.:
.did not take me into tlicir confitlmcc c w n iii r ( ~ ~ : x d to iiiiportiiiit :i(linini+
trative .matter; aiid coiiscquently a1ttioii:h we ivi*rr c~s!)i~cttrtl to iiiflueiii*c
votes of ‘Council members on ;in>- clclxilc I inlist ~:~riik-s t ditl not do w
whole-lteartcdlp simply because I was not coii~iiltc(l bcl’orc1i;intl.
" h a t I expected rim that I woultl he talxn- iiftn coiiliclcncc mil thus
be allowed to influence the policy of tlic otlirr h d f of Corcrniiisnt. I
may cite a few illustratioiis to show that this \v;is not dcne.
35. For some time after the eomniencciiicnt of thc reforms I x i s
supplied with copies of confic!cntiiil reports on tlic 7cnrr;il polit ical sitiia-
tion i n the provinces. I don’t know if tlicsc reports w:re stopped iificr-
wards. If they were not stoppetl. {liere is no rcwon why they sliou!d iiot
hare been sent to me duriiig tlic latter tn-c) j-c;irs or so of my tcrm of
.
ofice.
36. 3Ieetings of the Covcrnor ant1 Esrciirivr Corincillors as contcm-
plated by section .50 of tlie Covernnicn: 0 5 Iil[!i;i i\ct apart from tlicl
Cdbinet meetings mciitioned bs!’orc miisit I ~ v c I)t~i!n Iicld. I prcsumc. I
was-not aslied to atteiid tiiese nicctincs nor 1~::s I siipplictl with copics of
the pmceedinys of these meetinp. IIaviny rrpartl to Ordm So. 29, piir:i-
graph 125, of the N a n d of Eusinrss I’rocctlurc. I could not send for
and see these procrcdings as I could not say beforehand if they rcliitcil
t o any casc pending bcforc me for disposal.
37. The Central Provinces Land Rcvcniie ant1 Tenancy A c t s ,lmcnll-
ment Bills were sent up to the Government of India and introdliceti intc
the Coiincil without my. knowledge and conscnt and the mistake w : ~
acknowledged only aftcr I protested against the proccdure.
38. I belime I rins not ronsulted about the amrndmcnts to the Coiirt
Fecs and tlie Genmil $tiinips -lets i i 1 r do I rc~iienibcr to 1i;iw cvt:r I1tv-n
– 409
consulted about thc rules friimctl under tlic JIining Act and the Arms
( A i i r i i > t t – r \ j i v i ~ r t : c i i n \ i i l t i ’ i l i v i t l i rv::~i~i :I! :lit:
11~1-
Act.
39. I understand that the IIon’blc the Home JIcmhcr Tent to Simla
twice–once i n conncrtion with the question relating to the treatmelit
31 the jails of political prisoncrs and secondly, in counection with the
rules under the Arms Act. I don’t know what instructions of the local
Government he carried with him. I do not remember to. have been con-
sulted with. regard to the action the local Gowrnmcnt should take on the
recommendations containcd in thc J a i l Committee‘s report.
40. I will close this part of the note by citing one more instance of
more recent date. This reiates to \\‘hilt is cornnicinl.~ known as the Saypur
Flag Satyagralm. The J1inistcr.s wrrc comultcd in the initid stiintl. L i l t
when the situ;ition bccamc scrioiis thcy ought to have been consulted.
eiprciiilly with rcgarcl to tlic drastic mc;isurcs that. wcrc tiilccn by lirinring
iii:o operalion section 103 of the Criminal l’roccdiirc Code or section 120-
E and other sections of thp Indian P r n d Cotlc. Similarly, we ou+t to
hare been consulted aboiit the compromise that wiis ultirnatcly arrived at in
this case. S o t only this was not done. but I ha3 not Iiiid tlic good forriine,
though I was a JIinistcr in c h a r p of 1’iiI)lie Works Dejiiirtxncnt, of beinq
c o n d t r d about tlic accommodation i n tHe jails. 1. w:is told thnr.-I!is
Es~~cllcncy the Governor hiid sanctioned an cspcuditurc of a lulih of rupees
for rtspanGon of accommodation in the jails.
41. -iltl:ou,nIi inatanccs lit’ this k i r i t l may I)r miiltiplid. it inirst be
aduiittcd that there are others to the contrary to show that the JIinisterj
uvre consiiltcd with Frpn(ird to sonic. important matters rcliitinq !o the
rescrred departments. For instaqce. I rqii.cmber the ,part I took. in the
discussion of the qucstion relating to the separation of judicinl and
czccutire functiuns.
42. JIy contcniinn is t h t so far 3s joint consultation between’ all
mrmbcrs tif Go\-crnnicaut was concrrnccl. tlicrcr was 3 Iilcli of uniformit:; in
pr:icticc. 11s an inst:i:iw in supl)cirt ol‘ this lack I mitlit Intmtiun one nr ;WO
rii(1r:~ ii1iistr;itions. \‘.-L*
appointment> of Scy-retaritis to tlic (;ovcrnnicnt. lVlicbn JIr. Ulii~l~:.::: x-as
ilppointctl A l ~ l t l i t i ~ i ~ i ~ i l t J u t i i t s i i i I C’ominissioner lvc (3Iiiiis:crs) wrr.2 ron-
sultcti. Curioiisly r n o u ~ l i I, n’;is not consuitctl with r c y r t l to an)- o t i i ~ ~ r
appointnicnts nicritiond ifi S:clir.tlule I1 to r h u riilt.5 or o r r l r ~ i f r n x t d
unt1t.r section 49 ( 2 ) of tlw Guvcrniiicrit of riit!ia ;\L*t. ant1 it is >iii! more
curious that I wiis not coiisii!ttd wlicn Ikio Ediadiir JI. C. Kizikht. ic x i s
al)pointctl ildtlitioniil Jiitlic,ial t*mimisainner or a-iion JIr. Ei:-.r x a s
impciried froiii (iiit>ide. I (’iiii ‘t i v l i i i \v;is r(!spoii~iIilc for this di:-l.rsity
in priictice. Jlini>tcrs arc ;is niuc:li inrc‘rcstcvl in tlicsc varioiis a?point-
menu as t!ic Est’i:utivc C‘oiinciiiors iire. W1i;it is niorc whm ZL.?
popul;ir thin? is (lone by rllc rcacrvccl half tlir discontent that yrrceds
thcrcfr(ini ;iti:ccts the work of t Iic Xlinihters also a d the relations t!iese
latter with their usual supportcrs iu Council or outside arc btri;rsd in
consequence.
43. I am, however, not prcparctl to insinuate o r t o sugzest :La: the
defcct I haw mentionrtl n1,ov.c ~ v a s duc t o any tleliberate intention on the
p a r t of tlie reservetl half of thc C;owrnmcnt t o exclude the Jlinisrrs from
consultation. but I must say that it can rrnsonably be attributzci to tlie
syteni iintler which niiy prrsnn is jiistifid in :iswminC that hi. all-ne is
responiihl~r for the ai1mini~tr:~tioii o f ~ l i t ~ t11~;iiir:xncnt.; in his dirr..: <-.Liirp
i n d t h a t cons:dtatioii w i t ~ i iit~icrs i:, iiiert,Iy ;A iiiattcr n f grace or f.r=$lity. 410 411
45. In the eyes of law Ministers being paits of Government muat
hsve the same privileges AS the Xsecutive Councillors enjoy. Ordinarily,
the Executive Cauncillor’s decision is binding on the Governor who can
overrule it only under the circumstances specified in sectiop 50 (2) of
the Uowrnment of lnrlia Act;. Wliilc t h pov;ers vested in tho Gqvernor
t o overrule zlie Alinisters untlcr section 52 (3) are much niuer and are
subject to-no restrictions, I shall shorn subsequently how a t times this
power was not properly cxcrciseci and how it was a source of irritation and
humiliation t o t1;e Ninisters. Suffice it to say here that the Governor’s
power ‘of superinLendeuce, direction and control over the Yinisters appears
to be much more complete thcn even that of the Secrctary of State for
India in Council.
. 50. The Esecutive Councillors hare a right to record their notes of,
dissent which, I understand, are forwarded to the higher authorities, but
the Ministers are denied thib privilege for no reason that I can think of
In support of this i cite one ca5e in which I wanted my views to be forward-
ed to the higlier@horities for consideration, but I was told that I had
no right t p do-re. Tiik qucstion in this case related to allowances that
should be paid to Indian Jfedical Service efficers holding variotq, adminis:
trative posts. As Indian Medical -Service officers work in the Trans-
ferred departments, I was consuitcd along with the Hon‘ble the Home
Member who is iu charge of .Jail mil Police departments. I dissented
from the Ho-me Member. All I wantcd mas a consideration of my views
by c higher authorities. This concession also was not shown @ me. 3 . ‘ – o i . Even i n ’ c w s W I ~ C I ~ JIinistec were c o n d r d ilipir vicms dere
buried loudly. Ministers and Exccutive Councillors ba%rixxg’ perhaps
those who belong t6 .Ind.ian Civil Ycrvice’ belong. generdly to the same
stock, possess the same qualifications. Why should one enjoy. higher
privilcgcs and notdhe other 0
52. With regard to t t c trunsfcricd subjects it is not clear i l tho
Governor is bound to consult only the .bIinisters-in-charge or all Ministers
jointly. Similarly, it is not c l e u if a Minister can c d l in aid the votes
of his co-nlinisters to outvote ilic Governor. Since the AIinisters have no
right .to go up to the higher -nuthixities for enforccmcnt of their viem
I always took the vicw that they had only t:w courses open to them when
they failed to iuflucnce tlic Govcrcor from within, .uiz., they must either
resign o r they milst put up some member of the Council to agitate the
same question in opcu Council. Since the Minister is suppnsed to support
ostensibly the Govcruent policy the latter is not a desirable course. The
Minister’s position becomes awkward, especially when he is defeated. It
is another matter if a sort of convention were established that defeat under
auch circumstances should not necessitate Mipistcrs’ resignation.
53. The Img and short of my argument,is that if the Governor is to
be ..a. constitutional Governor, his power of vetoing the Ministers should
be restricted as in the case of Executive Councillors. But ordinarily no
: w t e r ’ s decision should be vetoed except by a vote of the Council. The
L b t e r s can’t please two masters-the Governor on the oue part and the
the Legislative Council
e Government. It is in-
in the Executive Govern-
minority. Even when Job8
in D minority failed tq 413 ,414 416 419 423 423 :L p:trr #mi’
the local Bodies.
1 ‘
Supklementary .Vote.
115. From what I hare stzted in thr originzl notc. it is clcar ihst no
swious. eiFort was made to foster or dewlop the habit of joint consult2-
tion. I am prepared to concede t h a t this was probably due to our in-
experience or .ignorance of Parliamentary proccdures. It is, !lowever. not
safe to allois this state of affairs to continue any longer. I a::i cnnvinccd
that Rules under Section 49 of the Governmrnt of India Act, mii.;t hr EO
framed as to make joint consulration cornpubory in a11 matters of Princi-
ples and Policies, and also in ccrtain matters of important administrativt:
details which concern more than one department in thc two halves o f Go,;-
ernment.
119. In some cases the questions that crop up are so interallid that ; r i
the intcrcst of all concerned it is esscntid that no action should be t a h n
in the absence of joint consultation.
120. Undcr the present spstcm the “ Appointments Dcpartmcnt ”
is a reserved subject even thouqh such appointments relate to Ti.nnsft:rrc:l
Subjects. The word “ appointnient ” includes dismissals and puni. i;-
mcnts. and therefpre the right to enforce any disciplinary 1ne:isurc: ag:iil!..K
any Government servant, is presumably v e s t 4 in the “ Appoin9mi*nt
Department ”. In the case of officers belonginq to-“ All India ” 3n.l
“ Provincial ” semices, the ultimste authority is vested in tlic Goverr.:Jr.
121. Although the hppqintment Dop:irtnient is trtxteil ns
Reserved half of Govcr’ment, the Iwrsons apl)ointe!l do! ;is 3 iua~:car : I !
fact, serve in various dc;)nrrrnt.nts Rt-it:r-.wl 4)r Transfvrred. C:cIi.r ,11:1i
circumstances. ane c:in casiij- see ~ ’ C J ~ S joint c.onsuir:ttion.is 11t:ce
illustration Kill I thidi, sufice.
122. Tr,c;:irds t!ic cnrl nf 1922 nr in tht= httrinninr of 192::. !);..T:$ t
Councils and 1ix*a1 Boarils‘ t,li,ctior.; xt-x h*.!il in these Province;. C6tit.r
the rules, the Revenue Ofticcrs a!t:ic?:ed to the Dihtricts are rcsp~2nsible ftir
the conduct of these elwtions. In oni: Disrrict. ui:.. Sarsirizpiir. it was
alleged openly i n piiblic p r i ~ s t!iat thtt District K~vcniie 0fXI.rrs n-D’rct
m;lking strenuous efforts ivirh a \Icx to cxdiitli: noIi-cli-,,nt.r:itors from
As a Minister in charge of thc “ locd Si:lf-Govcrnrwnt ” Dqxirtmttnt.
I was interested to sccf that the E!gbctitm-, :,-I :!..,; 11i,’.i; 1:’ Ji1.s wi>rp n l ~ s i r i u ~ ~ ~ ~ y
free from any kind (jf oEcinl pr!,s.7;i:.c~ i>r in:c:Ci~r:~nc.~. Ti:c n!~~.qa~ior!s i n
t h e public press 2py:ir.vl t,o 011:
I sent the estracts froiri thv pa!i”rs r o t h * Dt~~1ii~:: ~ ‘ ~ i ! ! i ~ ! ! ~ ~ . ~ i [ ~ n t , r fi8r
rrport. The Dc1)uty (:oI!imissic~n~~r rt:pw!vfl :hat the :l!!y:!ritli;s \\-t:rc: f;il.s;c~.
At the same timvi lie t::c:r~mnxr,c1t:r1 til:it 3.5 tht: a l k ~ 2 t i l J R 3 vier.’ such :is
were usually mudt: by irrLpmsiLj!t> criiics. no action n-as nxr:sm-y.
!#(, i:l ;I :crjr~ii, u:!::;~(*. anbl th~rl:< ,re
Subsequrntly I hitarri th;lt t!.c IIome 3icmber Tho ri:~ in chnrrrr n f
L:tw and .Justice ” h:!d or:ic:.cc-l ~II!! procl~t:ii:inn of srvi:r:ll pt:r<iln5 ..vlin
had made sc:rioiz5 al!t:c;itir~n.i ;i~z~!:~…t c:c.rt:iir! Governrn*.rit sP?-;ants.
not mean to say that Cotctrn:::f,nr .c,r’;:!n!s ~ l i r ~ i i l d nor h e Protw-n.! n
virulent attacks, bur 7xh;it I ?!!!:ik
method by means of nhich th-2 hu:our
cm he maintained. 426
127. I was dnt in ch::rjie,of. Agricx:tnx!! nntl Tiiti:i:! rics Di!par!&rT.ts
azd therefore I cannot speak from personal knowledge or from practical
experience, how f a r t h e Reservation of Irrigation, Land Revenue? Forest,
Mining und‘rarious other mattkrs specified in item 26 of Part 11, Schedule
I of the Devolution Rules, interferes with the llinisterr’ ri:sponsihility foi
the development of Agriculture and Industries. As a p m m l princi1ile,
I thiiik all subjects which are doscly allied to each other, shuriid form p u t
of cne group Reserved or Trxnsfrrred, proferably the latter.
123. In this or in the prv\-ioi!s r.iite. I 11;:-::! not attcxnptcd t o es:Litiiiie
in detail the various provisions in the Act, or in the rules made thc.rctiiri(!t?r,
Such examination rrould b e nceessary after final decisions are arrived a t
on the various points contained in paragraph 11s of my printed note h w s –
with sent. Bcconpt of seniqrity or mcrit, on the gronnd that it was necessary under
t h a e f o r m e d system ‘of Gorernment to give Indians thc amplest opportuni-
tics for training. The Gorernor .refused t o accept such recommendations
to the detriqent of the European members of the Services. holding thnt
.promotiom and transfers.in a service should be made irrespective of the
raee of individual membcm.
In thc supplementary note to his written criclence. JIr. Kellar quotes
three instances in mhich he asser:s that the exrcuti\-e oscers of G o v w n v n t
have d+berately refused t o help in the carrying out of a policy because
they knew it emanatcd- ftom a Xinister. The c s e s erc :-
( a ) The attendance of children in prima@ sell-
( b ) Village stmitation.
( c ) Development of Village Panchayais.
The Governor i n Conncil is satisfied that there is no foimtlation far
these alleaations. The esecutiye officers of Gnrernment have not d;s-
tinguished between orders emanztinz from the rcwrved and transferrxl
scribed policy. . .
halves of Go\-ervent-in all cases they h a w loyally carried out the pre-
D.-The control over legislation-
6 . The control over prnvincial legislation by the Clorri.nmcn+ of Tr,tlia
has heen deolt with in this Government’s !etter no. ‘"7.9, datcti the. 26tI~:Jiily
1934, to the Gowrmxent of India. .Leyislntire. Dep:irtmrnt. OEC o r tv-0
cases occurred ‘ i n which t h r y g h – orersizht Jrzialntion n-as proposed ir\
resen-ed dep;irrmenrs. without. the. prop"ls. b+q shown to Ministerx hilt
as soon as this r a s bfiupht to notice, the following order W:IS iiddcd t o tlic
A~fanunl of Eusiness Procedure :-
&dcr XO. 41-A~-” All proposals for lraislation shall he discussed
a t a meerinz of all Jfemhers of the Governnimt
before submission to the Government of India. "
7. I am now to deal with certain matters of detail mferrcd to in the
evidence.
. .
(a) Rnles regarding submission of cases ta Stmding Committees-
ing orders regarcling Standin= Coriiniil t ~ e in this provinw ;iie ;IS f.111.:-,\.:;
( n ) Parugraph 217 ( c ) of J f r . IiPIkar’s uqrf::c~r ~i-hir?i,r~.—‘C!:r st;?!Itl-
:-
StnnJiiip Commit teed are a t t x h r d cndtir t h or(!& of Tiis E:<cel-
lcricy tiin Go\-crnor to the fdlowiIi,o dri,:?rtrnen;s :-
(1) Jr;?Ic.izl, Police, JZ3s and General Admini>tr:iti(~ri
(2) Lam1 Revenue. Settlements : i d Lanil Kecords.
( 2 ) Forests.
(4) Irrigation.
(5) Public Korks nr?d Lncd Slf-Gal-ernment.
( 6 ) Piib!ic Hcakh 2nd Jic.dical Eelief.
( 7 ) Education.
(8) Co-opcratirc Credit.
( 9 ) Escise; 431 432 433 434
( f ) Loan for construction of a.Sdence ColIege-
Page 13 of’hfr. Keikar’s oral evidence.-In this matter Mr. Kekar
complains of obstruction by the Finance Department. An examination
of the record shows the compIaint to be without foundation. The Finance
Department gave its view on the proposal having regard to the financial
position but made no objection on the ground that the proposed expendi-
ture would not be remunerative. The Governor ordered the proposal to
be circulated to al! members of the Government aftcr Xr. Kekar had
recorded his views. 3fr. Kelkar directed that the case should be kept
pending until the electiofi of the new Legislative Council was completed,
during.which he lost his seat. Subsequently the local Government has
directed that provision of funds for this project out of current revenues
should be made in the next budget.
(g) Comting temporary service for pension-
Paragraph l f i of Y r . Rellhr’s w i t t e n ez.itZrncr.-This is case no. (13)
t: in the list rci’erred in paragraph 3 above. Xr. Kelliar bases a complaint
against the Finance Department’ on this case, but it is to be observed that
3Ir. Kelkar was not overruled by the Finance Department but by the
Governor after the case had been circulated for the opinion of other mem-
bers of Government.
(h) Grant of honours
Paragraph 90 of Jfr. Kelfcnr’s writfen sz.ic7encc.-Tlie Govcraorfs reply
to jfr. Hekar’s protest regarding the’grant of hoiiours mils as fdlows :-
&i regaqds the ,,Hon’ble Jlinister’s reharks about rec!ornniendationv
for’ titles. he’ does nbt xntlerstand the consfitutioniil position.
These titles are eonfcrrd 11y the King or by the Viceroy, and
not. by tJie Govcrnment. Recornn!cndations are made by me
iii my individual eapiicity as Gobrnor and not by the local
(hvernment. I am rc:idy to consider any recommendation that
tho idon’ble J1inis;t.r may wish to make along with the recorn-
nrcndations received from other persons, but I cannot ayree to
consult any mrrnber of the Govrnment in rrgard to niy rcconi-
mendations ; indeed .I am precluded from Going so hy the
general instructions. which dira:t. me t o keep my rccommend;i-
tion; absolutely confidential.
The statement that Secretaries are consulted regarding the bestowal
of honours is incorrect.
(i) Resignation of Mr. Kelkar-
Page 50 of Xr. Kelkar’s oral evidence.-On no occasion did M r . Kekdr
tender, either orally o r in writing, his resignation to the Governor.
(j) The. non-supply of the .fortnightly confideEtid reports submitted to
the Government of India-
Parnprnph 57 of Mr. K~lijn:-‘s r r i f f c n ecitlencs.-Thesc are supplied to
all members of the Government. There n-as an interval when, owing to’
the death of a confidentid clerk, the supply was discontinue,l. Had
A h . Kellcar mentiozcd the matter, the mistake rvould at once have bcw
rectified. 435
ej W e r of public works to local bod: yes-
Page 64 of Mr. Kellcar’s oral et’idenpr.-Mr. Ke1l;ar asserts that the
delay in cgrrying out the transfer TVas due to the obstruction of officers
in the department. The charge has no justification. The officers of the
department objected, as they were fully entitled to. to their services being
transferred to local bodies, but the Gorernmcnt of India had foreseen this
md stated that they assumed the transfer would be a gradual one. .A
sudden wholesale transfer of the Public Works Department to local bodies
was dearly not possible.
0) Conveyance allowanee to Mr. Hyde. extension of Mr. Sufi’s deputation
aa Registrar, Delhi University, motor car adwnce for Principal,
Bobertson College-
Paragraphs 82, 8d and 87 of Mr. Iielkar’s irriitcn uLidence.–JIr. IieIItar
complains of. being overruled in thebe matters but an examination of the
cases shows the statement to be inaccurate. The conveyance alloxvanze
to Mr. Hyde was refused. JIr. Sufi’s case WF;W dealt with after Mr. &!liar
ceased to be Minister. Mr. Iieilrar’s objection to the motor car adr:inee to
t h e Principal, Robertson College, w’as made iiifter it had been sanctioned.
(m) Suspension of resolution of Municipal Committee requiring all their
servants to wear khadhr-
Paragraph 67 of .Ur. Kslkur ‘s zuritteqa eritlmcr.-Oiving to 31r. Kclliar
misIaying the papers this case never reached a decision. 436
BUmmary of cases in. which Hia Eicellencj has overruled his Ministerr
(1) Mr. Durie, Superintending Enginper’s pcnsion case.
(2) Mr. Desjond; Superintending Engic#::>r s incrcrxnt.
( 3 ) Mr. Phear, Executive Engineer’s pcn.,ion i:a~c.
(4) Mr. Desmond’s pension cnsb.
( 5 ) Mr. Davison, Executive Engiricer’s ict:r?iiicnt case.
( 6 ) Selection of Col. Oxley as Civil Surgwn, Suipiir, in preference
to Col. Chitale.
dutirts.
from Heads of Departxcuts.
( 7 ) Grant of sprcial pay to Col. Ftn!;es rlii!,- Iiol~.iin~: !lir ajip’)int!ti(‘I!!.
of Inspector Genwal of C’ii.il Iiospila!.:, i:i ;:,:Ji;ion to his OWXI
(8) Xllowances for I. 11. S. oflcrrs.
( 9 ) Grant of motor car adrancis to t!ir?e Eiiropr’nn CivIl Surzeons.
(10) Continuance of lease of I ‘ d i m ~ r l i i !:sic1 in favour 0; Jir.
Rodrigues.
(11) Recovery of rent for qiiart~r:; of eler!;s m i l pwns at h v h a r h i
(15) Throwing oprn of nc!l; i n wni!miinc!!; of h . , t IIouhcs f o r tile uje
of neib.:ibourhood.
(13)- CoiintinT f o r pynsion..of. t r m p
. Eknutfi B;ilirct&..a Cleri; i
114) The o d r r of the ConiriiiL<i:;ricr. (*li!:::tti:z:iy!i Eivi.<iiin.. r[;i.\ir:g
to confirm the elec~iiin of I<.ir!i,;\+nc!;.;i i h .ad I’r[:.,iicut of i!lc
Bilaspur JI!inicipal C o i i i ~ i i i r ~ w .
. . 437
Hemorandurn by Mr. J. E. C. Jukes, C.1.E" I.C.S., oficer-on-special duty
in the Finance Dqartmsnt, Gaveriunent of India. 438
‘(d) Section 96B ‘f2) empowerrr’the Secretary of S t a t e in Council . to’omake. rules-regulating the. conditions of Government service
in Jndia. Such mles, by imposing limits upon the remuneration
of various kinds which might be paid to persons einploycd by
local Govirnments, could impose real restrictions upon the
financial powers of those – Governments.
( e ) Section 96D (1) duthorises the provision by rule for the powers
and duties of the Auditor General in II:dia, and such powers
might well impose restrictions upon the fin:mcisl autonomy of
local Governments
t h e A c t of 1!]19.–Slwh
4. The position after the erercisc o f thc! vm-ioirs po?iiers of nilc-mnl;i?ag
brosght into being
4
h i n z the st:iiutory possi-
bilities brought into being by the Act of 1919? it rem:tins to inquire to what
extent they mere modified by the rules actually mac!e under the Act. The
main body of rules in this cocxicction is contained in the Devolution Tiul~~s,
which were made under scction 43.1 of the Act in order to regulate the
extent and conditions of devolution of authority and allocation of revenues.
The following nerolution . ~ u l e s are of special ixriportancc in relation to
financial autonomy :-
( a ) Ride 3 and the ScAcdiilrs rindcrlying it.-
These regulate the classification of subjects.
(71) Rule 13.-
This delepates authority in respect of provincinl S U D J C L , ~ : U L b
expressly saves, in tlie case of otht:r than traruferrcd subjects,
the powers of superintendence, tlirwtion ant1 contrril. vcstcd in
the Governor..Gencr;ll i n Council by section 33 of the Jct.
( c ) Ride 1.1.-
This specifics the sonrccs of provincial re\-enue. It shoultl be
hoted that it includes the prncrvtts o€ taxes and Toaouns which
may be lawfully iinposcd and raised for prcvinciai puriioscs. . .
( d ) Rule 16.-
-This prorides for t!ic custody of rnoncys dcrivcd from soizrrcs
of provinciill rewnuc. and for t h e prrscri1,tion of prcieedurc in
connection with tlie disl)ur?.cmcnt, etc.. ti€ siich monrys. I t
is important to note that the custody is left entirely to the
Governor General in Corincil, and that it is for the sanre nutho-
rity to prescribe pmccdure. Proccdurc has actually 1)c.n
prcscrihcd in the " Treasury Orders " issiird undcr this rule;
which in fact permit to local Govcrnments . a ‘ considerable
amount of discretion in minor matters.
(e) Rule 21.-
This empowers n local Government to draw on its balances which
are held in the custody of the Gorernor General in Council,
. provided that it gives due notice of its intmtion nf so drawinr.
The Gorernor General in Conncil ,is? however, given an emcr-
gency power of refusing to allow a draft in case he considws
this to be essential in the financial interests of India as a whole. ‘ ‘Rub n aad the ukied+. schedde.-
These restrict the power of locd hrernments to &cur expa&’
turn upon transferred subjects without the sanction of the k m ‘
tary of State in Council. In the case of reserved subjeits, the
.secretary of State in Council has not been statutorily divestid
of any part of his powers under section 21 of the Act, though
he has, by executive order, delegated powers in this connection
to the local Goyernments. The powerj :g- delegated are .con-
siderably smaller than those statutorily conceded, by this rule,
in relation to trnmferred suhjccts. An important feature of
the schedule underlying rule 27 is that it requires the observ-
ance, in the case o f transferre’d ns well as of reserved subjecta,
of the rules regulating.conditions of GoveiPment service which
may be made under section 9GB (2) of the Act. aS will be
men below, this is a considerable restriction.
( h ) Rides 36 to 45.-
These make dcvolution and allocation conditional upon the estab-
1i.shmcnt ix each province of a Finance Department exercising
specified fiinctions of control in financial matters. The func-
tions are modt:lled upon those exercised by the Treasury under
tlic British constitution,. though the powers given to. the Finance
Department fall short, in many respects, of those:of the British
Treasury.
(9) R.ule 39 and the ukdsrlying 8ched.iile.-
These require-the establishment and maintenance by each province
of a Famine Insurance Fund, and place considerable restrictions
upon the purposes for which it may be used.
– . fi) Rule 49.-
This wlascs. except in tlirro .t?s+rptional ewes, the pon-em of
superintentlcnce, direction ant1 cnntrd conferred npon the Gov-
ernor Gcneral in Council by section 33 a€ the Act. The
rrlnxation applirs, however, t o transfcrred subjects only.
h ! e 13, its d r c d y statcd, expressly saves that power in rch-
ticn to rcscrvcJ subjects.
( j ) I t r m 2:: of p a i t I of ScAe$:ilc I.-
Tliii classcs as a central suliject " the Indian Audit Department
n i l excluded Aiidit Dcpnrtnicnts. defincd in rules framed-
under section 9(iD (1) of the Act ". The departments con-
cerned a t present pctform the dual function of compiling and
auditing all Gorernmeqt accounts in India. As a result, the
ncconnts OI local Govwnments are compiled for them by an
cstablishment omr which they exercise no sort of control.
5. The foregoing paragraph shows .the’ result of the more relevant’
niles in the clevolution rules. It remains to consider the effect’ of rules
framed under the Act upon the other restrictive sections of the Act to
which reference has been made in paragraph 3 of this memorandum.
This may be briefly summarked as follows :-
(k) Rect,ion 2 ( 2 ) of the Act-
This has been relaxed, in re1atio.n to transferred subjects, by
rules made under section 19L which limit to a few exceptional 44l 442
(c) Compilation of Accounts.-.
A local Government is not permittrd to compile the accounts oE
,it% o m revenue and expenditure, which’ will ultimately be
submitted to the British Parliament , under section 2G of the
Act. This duty is laid upon the Auditor General .and the
subject is made a central subject.
(f) Haintenance of Famine Znsurance Fund-
Each local Government is required by statutory rule to maintain
a Famine Insurance Fund anti deposit it, at interest, in the
. general balances of the central Government.
( 8 ) Powers of provincial Finance Departtncnt.-
As a condition of devo1ution;a local Government is required by
statutory r d e to employ a finance department vested with
certain specified powers.
i . –
( h ) Genera2.-
The Secretary of State and the Governor General in Council
rctain very limited powers of supcrin+endencc, direction and
control over the administration of tnnsferrcd subjects. In
relation to reserved subjects, their powers are, in theory, un-
limited.
PKT II.-TIIE POSSIDILITY AXD DESIRABILITY OF AN IXCREASE OF FINASCIIL
AUTONOUY.
8. The p’ossibility of instituting complete financial auton,onty withorit
any ,amendment of the Government: -of Z?idk. Acf.-Eefort. d.iacussing the
tiedesirability of removing b y of these restrictions,, it i s imptktafit..to note
that thky arc all such as c:oiild be removed mirhoiit any arncndmc’rit of
the Government of India Act. The majority of them has been impnsetl
hy statutory rule : in the , h v .cases in n.liicli restrictions are imposed by
the Act itself, thwe is. aliviys provision’in the statute for thcir rclaxation
or removal by moans of statutory rules.
9. Two main’classcs of restrictions.-A sccond fact which should be
noted is that the restrictions upon financial autonomy fall into two main
classes. The first class is that which definitely and finally ptohibirs
specified actions unless certain conditions arc fultilled. ‘ Thus, a loan may
not be raised in tlic open market exccpt for certain specified purposes. and
no authority at all.has porrer to relax this rule while it remains in force.
The second class of restricticn does not prohibit an action. but requires
the sanction of higher authority to it !)eforc it can be performed. This
class is a definite reutricti6n. iipon auton:Jmy. seeinq that it deliberately
sets up an authority higher than thc local Gorernmcnt. The existence
of. the first claqs, on the otlicr hand, is not inconsistent with autonomy,
except on the ground that it is ennctcd by an authority outside the local
Government. The restrict.ions which it includes are precisely such aq
might reasonably be emhodicd in lam by an autonomous legislature in
order to fetter the diwrction of its own executive.
10. Disciission of dcsiraldity of removing or rctazing rcsfrktions.-
It is proposed to discuss in turn each of the existing restrictions as set
forth in paragraph 7 of this memorandum, and t o examine the desirability
of telaxing o r removing them. In doing so, it will be convenient to tam
them in an order rather different from that Khich has been adopted in
that paragraph. 444 446
m d e r scction 9tjB of the Government of India Act. .The effect of t h b
restriction dao could be minimised, if locd Govcrnnients passed legislation
ef their own prcscriting conditions of scrv-ice for all Gorernment servantr
other than mcmbcrs of all-India services. It was cdntemplated, when the
fundmental- ruies were drafted, that this. courre would ultimately bn
adopted. The remaining restriction requires the observance of rules
framed by the Secretary of Statc to rryulate expenditure upon imported
stores. It is probable that here, ako restricitions could be reduced to ;L
minimum if provincial autonomy were incrcn,ed.
19. ( 6 ) R c s t r i c t k n zeqiriring .the haresf itlire with ‘certain ‘specified
powers of provincial fimince dcpnrtnients.-As already explained, the
grant to local Governments of sucli m&.sure. Gf finincia1 autonomy as they
now possess, has been mad?, by st:iiyt@ry rule, conditional upon the main-
tenance OP finance departments cn&J\ved 1vi:ii ccrtair, specified powers. Any
diminution of these powers is strongly t o tie deprecated. They aru
modelled npon tlw: powers deiepted ‘to its owa Treasury by the British
Parliament. The Trcabury cfuri\-c.s its powers by delegation from tho
House of Commons ; which is. in tlic United Kingdom, the authorit-r
ac:ually responsible €or the control of espentlitnre. In India, sucli responsi-
bility is shared by the legislatures with the Secretary of State and the
British Parliament ; and i t is for this rcason that the d e l e p –
tion has been made. by statutory rule. While, tlierefore. the delegation
of power is not a c t u & – miidt. by the Tndinn lcgislatures., the dclepated
po\rers ‘ i r e escrcised by the’ finiint’e departments very lkrgdy on behalf hf..
t1.C legiglaturcs.; and it is b p q . to tlie 1 ~ g i A i t i v ~ – cuuxrcils. morliipg through
their standing finiincp cDpn:i;tccs and committces:on puirlir:. acaounts. ta
cacrcisc a cbnsidcr;~l)le inf1uc:nw"iipon the iiri;incc cltipartmcnts. in their
use of the drlop;itcd povic~s. I t is submitted’ that similar powers 11;rve
been confcrrrv! upon its ‘ h a s n r y officds by the oldest pf parliaments ;
which has felt its w i y , tlirough various s t q e s , to what it considers to i)e
the best available niethud of fulfill in^ its own rr,sponsibility for the control
of espenditure. An Indian legislature ~wu!rl be ill-advised if. a t this stage
of political dcrelopment, it attempted t o woken thc influence of the locnl
finance department.
20. ( 7 ) Rcstrkf;on rcpiiriny thc nrnintcnanrc of a Famine Insuranrq
Fund-The liabiiify t:, faniinc. of niost of the provinces of India Ls a f a d
proved hy bitter expw!!!r.ce : and t l m e ran hi! no diiubt of the desir;ibility
that tlie expcwl provincty s1!~iiiLl ni;i;rif;iin R rpwrvc of resourws with
which to fipht f’iminc h t h xticn. ;ind h f a r r . it a r i w s . Proviaion for siic:!~
a reserve would n;iturnlly 1)r m;\tlc hy provincial Iyislntion ; -hut in vic.w
of .the liabilities nliicli ;I farninr. fal:ing upon an unprepnred proviiiw,
would inwitalrly irnpwr: u[)iln tlic centr:iI Covernnicnt and tlirough it
upon other local Govc!rn:nents. it wis cnnsidered unsafe to leave the initin-
tive in the matter to tile pro.,.incr.;. and tile nvcessary provision was ma4c
by statutory rn!e. It is possible tliat certain alterations of detail might
with ad-rantape \)c matit. in tlie p:ira:r:\plis of Sctidille IV tn the Derolu-
tion Rules. I t can .s;ttt:lj- b+i haid. l:n\vcvri.. that the gcnerd lines of the
scherne embodied in th’it sohr.tii:lv arr siich iis mipht rrzsonnlily and
wisely he laid dli1v-n 11;: 3 local !ezi.il;tti1rc itsrir’ ; ;iml no pt.r;l,r:il re1:ixti-
tinn of tlie restriction is d:sir:il)le. It is plssihle that. if tils
separation of provincial from cmtriil biilnnccs nerr efectrtl. some mnre
suitable method of in-..mtiny F;ixnint! Insiirnnce Funds might be devisrri ;
brit ccnsiderxrinn of tiii. Iiiie:.:if*ii v.: :.?! ! : a ~ io await a scttlcruuut of the
&tails of scparatiun. a! in c , , ~ ,:,..’,- ;:: ~ fa the’ administration of transferred subjects in
‘ reme of the Secretary of State and the Government
ti,,r. c..i … *…- .
;:.-.
,,. .: . :: :- uced to a minimum. A perusal of the rules under
, < – : . _*.. t and of delqolution rule -13 will show that it is now
. ‘ 7 .lich it is. desired to achieve one of thc following ob-
. :..ard the superior authority i n the fulfilment Of its
: :.ory functions.
. ‘ – … . .,inot decide f o r themselves.
such.disputcs between provinces as the contending
,% dibe to the gcneral powers of siiperintendetlce, direc-
. . ..ed by the Becrefury of State a71d the Governor Gener-
. .
cnn,:t.r7:,.ti,
\.
(., 7 . ,:-
. … .
. ‘ L . .f : .rd the izterests of the Gritish Empire.
I : ; . : .. :.: ne the.position of.the Government of India in respect
I < , , ‘ , :. :s arising between India and other parts of the Em-
;hat the restriction upon autonomy entailed by the
:: for such purposes is in no way susceptible of reduc-
. :::.! administration of reserved subjects, the powers oP
1
. – .
I i. 7 action and control possessed by both the Secretary
ef Sta:e ~ . , . j tl:c (i j.. :nor Qeneral i n Council are in theory unlimited. 1.n
practice, it X O ‘ i l G :,;)pear that they aTe very rarely exercised. It mould
ccrtniGly be B ua*,:’iil step. in the. theoretical. if not in the practicd, ad-
xin.cernenr cf pruvi:~&&aut~nomy if the two m p e r i e r authorities could
Eud it posible :s, f:.r&tiIate a set of rules showing the circumstandes in,
and the ex:,>c: :J. – 4 c h they propose t o eserc6e their statutory power.
suggestions made in this memorandum.-It remains
– . ggestions for the increase, within the four c0m-s of
y ~ ( ; u v z m l l r ~ ~ i ui hdia Act, of the financial autonomy of local Govern-
.*.
QW’-
which have been made in this note. Thcsc suggestions are tabulated
(a) Local Governments should be requircd to cnrnpilc their olrn
accounts; but the audit of the account:i shoulJ rcruain a centrd
t . .
subject under the control of the Auditor General.
( b ) Local Governments should be nude rcsponsiblc for thc custocly
of their own bal;inces.
(c) The present .rulcs rclatinz to t l i r inipmiti~~n of provinci,?l
tasation should reninin in force; but tht? position shollld, if
possible, be clarified by a ‘ elwn:r, t!t-!!:;lrc;ltion of t h p fipltls of
central and prorincial t:is:it ion. ilrl;i 1)y i~ conwpontlinz rpvi-
sion of the schcdulvs attnclitd to rhc- Sch~dulcd Taxes Ilules.
( d ) As regards borrowin? in the oprn market, t h o existin? rules
should be maintained ; h u t . if b:hnccs a?? separated, local Go\–
ernments should be gircn facilities for ohitining ways and
means advances.
( e ) The restrictions npon tlic porrcrs of loci11 Gorzrnments t o apend
money on transferrwl subjwrs slioiilti tw rcduccd to the’ milli-
mum st1fficicnt t o ~ ~ i ; i l ) l ~ t h ( t Pwrct:iry ~ji State in Council to
fulfil his rrsponsibiIity fur tlir :iII-Indin seryicKx 4-23
(f) The powers and duties of provincial finance departments should
remain unchanged.
(9) Subject to any minor alterations of detail: which may be found
qecessary, the existing rules as regards Fam’ine Insurance FuEds
should remein in force.
( h ) The powers of superintcndence, direction and control exercised
over transferred subjects by the Secrct;iry of State and the Gov-
ernor General in Conncil arc not susreptible of reduction. It
would -be an advantage to set forth categorically the cir-
– exercise their theoretically unlimited powers of the same nature
cumstances in. and the extent to, which these authorities will
in relation to reserved subjects.
The 9t!k Octobcr 192.1.
J. E. C. .JUIiES. I
Confro2 over ProcWeic3 Zegislation under the t e f u m e d cowstifution.
In con.<id:?rinc the .control exercised by higher authority over provin-
cid’leyisiaticjn, i r is necmry to distinguish the control arising from tho
r?atutory rt.quiri.ruo:;t of previous sanction by the Governor General to
eefiah categcrirs C! i provincial legislation from the executive contrd
&e-piseJ. by t h e Guvernment of India under the powers conferred by
fiction 45 of t h e Golernment of India Act. ,The inauguration of the
a.ioficd cons?itutioo",&t entirely reversed the. relative impiirtancc ‘of
menWaf sanction by
I – Prior to the reforms, the statutory require-
or General were contained in sub-sections
‘Government of India Act, 1915. But
whether a particular Bill.did o r did not
require statutory 7;::lction pias for the most part a qucstion of academic
interest, since t\:c c-.’.xt of the executive instructions then in force was to
tl- two kinds of c
in pn-reform days tJ&:j&&on
(27 md-(3) ‘of SCP!
Di!ls
merit
(ot!l.:r
prc?!jst!i!
:!;;-.I:
i g i
T;.:k
I ; : ‘roduce.
of a pure!y – All Bills
formal
.SO
nature)
siibliiittcd
which
ircre
a
scrutinised
locsl Covcrn-
by
require the priur 5:;: mission to the Government of India of all provincial
the Gorcrr:-:inr \ i f India in the utmost detail and’esecutivc or&rs for)
their aIt?ra:irn. r r . :a extreme cases, for their ‘abai!lioniiicnt, werc freely 1 .
k:ued. S c r [!:.A ti:.: exrcutiye control end with thc Govcrniiiunt o€ India
A11 Bills s u k x i t . ! ~i to the Governiuent of India w r c rcported .to fhc
:;-a. and in ordcr tlint the latter Iiiig!it Lc in a position
‘ * : . .. y if SO adiisell, local Governmcmts were prohibited . .
the desI,;its:ii 1 . f ::. ;;ill to the Secrctary OP Siute, IIR!CW tile orders of the
rnnent of India hsd in the mcmt,ime been received.

— .: isill until two nionrlis liiid e i i i l ~ ~ ~ t l from the d:itc of
e transferred sphere to thc very limited classes OE
for \\;hicsh prlj
2. The iili:\T;11r::! !on of the rcformrd constitution entirely changed the
position. SnL+e!::i:,ri (3) of section 4511 of the Govcniiuent of India
Act, restricts the c.:;cr::ise by the Government cl" India of their esceutive
pone= of con::!;!
n is made in rrile 49 of the Devolution Rules, with
rnent of India o-.-er 7 – I lvincial legislation has of necessity been abandor!ed-
the result :hn: r ; ~ cutire control previously exercised by the Gorern-
Firtually i:i i~!,i-hi the case of 3iiLs relating to transferred subjects
In the case of 1;i:l.i r..,!atiog to rescmed subjects the Government of India
i stance to maintain substantially the position mliich
..sd tcniporary iuiructiom ;vcre &ueJ in this SCGG’ 450
T h Secretary of State. hox-erer, announccil that i n the chmgcd cir-
cumstances hc c!id not himwlf dcsire to exercise any prior control. ovcr
tdhe legislative projects of Local Governments and these temporary instruc-
tiona soon brvanie obsolete. They have now been formally replaccd by
instructions which f o r ‘the most part mctrcly describe the procedure to be
fdlowed in obtaining tlic statutory sanction of the Governor General to
Bills which require that siinciion. The previous all-embracing rcquire-
ment of submission for prior esccutiv-o approval has dwindltxl to tile
solitary stipulatinn that a Bill rcilatin:: to a reserved subject which doev
not require previous sanction slidl~ if in the opinion of the Local Govern-
ment i t is of substantial importance, be suli~iiitted to the Govcrnment of
India i n sufficieut tiinc in advancc of its introduction to adniit of the
communication to the lociil Gwcknnirrit hafore tlic introduction of the
Bill of any oLsrrv;it i u m which till: Govcrnnicnt of 1nifi:i miiy dcsirc to
offer. In practice, of coiirse. thc ;iosition is not as clear-ciit as this w i n –
mary might suyyebt. Iweiusc a Cill of ~11Iistan~i~11 jrii1)ortance rklaring tn
a reserved sulijrct will in most cases conpain provisioiis in rcspwt of wliidi
statutory sanction is nrcrssiry. In sutili ca:!~.~ the Gill xi11 bt: s u b n i i t t d
for the statutory s a n h n of the Governor Gi:nvriil and rule 3 of the
instructions will not cnnie into opcration. In dc;iliny with a Bill of this
mature? howevcr, the Go\-ercment of India. ivliiie rrc:omiiiending grant o r
rcfusal of sanction by the Governor Gcncrul UII the nierits ol’ Lhuse prii-
visions only in respect of ivhich tlic rccliiircnic.nt of siinction ariscs. will
deal q i t h the rest of the Bill .in the xime rnanrivr as il nil1 t o which rule 3
in ‘terms applies. i e . , they will es:ir!iinc! tlic: ijill a s il ivtiole: and, .if -.so
for .t5e nltcrntion of pro\-isiuns in r i y x c t . o f ~vili~ti..~’iiii!ti~i~ ii not p q i i i r d .
advised, Iyill communicate! siiz~cstiot~s-ir in .cstreipc c;i.sc3 dirh$o,ns–
It sIiouicI bc e:iiph;isiwrl. !ioivcvcr. t l i . i t iiriih:r ~ l i c wIoriiit!tI’ rrgiiii? the
occasions on n.liic:li tlic (L1wrn:ni:iit t ) i Iniiia Iiiivc i i ~ c d t licir p i i i v i ~ s t i f
esceutivc (!i>titr,)l to c o n v i y orilcrs. :is opposavl to s i i ~ < i * ~ t i t J i i . ~ . for : i i t r
ithandonmrnt or sii1iht;ixitid riii!iIi!k-:itLin I)< I;i& sul)niiitctl by l t a t * . ~ l
Governniriits have btwi c s c e c d i n ~ l ~ r:irc. Such action iias in fact. oiily.
hccn taliell ~vlicri accliiicscrncc in tlic lot*;tl C;ovcrnnic.:!t’s propusids \ v o i ~ l t l ,
i n the opinion of tlic Govctrnmnciit of liitiix, h v c 1rt:i:ii .iIiciwistrnt ivit!i
their own rc~puiisi11;lity for tlic d tic ~ i ~ l : : i i r i ~ ~ l ~ ~ i t i t , i i of r<>crvcd iui),jec:.i.
3. Briefly, thrrcfmy, it may lit! s.iill that esccctivc coiitrui ovvr pro-
vincial legi~liitiiin is non-csizli,nt iii I l:c tr.in,il:rri*:i zl)licrc ; i t d is v i ~ r y
sparingly.,. ewrrisctl in the riw~rv~.iL spiii*rc!. t.’ijnciirrrntly witti .tliis
dewloprnent. l i ~ > w ~ v r r . r h ? c~~!itrtrl :iri.<in*: t’r:;iii t l i i : 1;iw of p:vioiis smc-
tion lins nssiinivtl grc;iit)r pn,!1i~iim~ri~:v. n!it rca\i)ii of iiriy iricr~!:iw.l
r i g i d i t y in tlir rnforc*cuirnt of t!ic l a \ v of s;in<tioii, 1Jllt Ilc!causc the sl1li8.rc
of operation of the rxistinz Liiv crmt;iincd.in sulJ->cction (3) of scction SO.\
of the Govrriimcnt of Tnrli? ilct hilx 1irr)-~ml in prat!riw to l i e f a r witlvr
than that of the pre-reform kiw 011 t!w su!)jwt, i i n t l irirlced to be w i t h
than was either anticipatccl or -inlcnditd. Experience has in fact shown hatercr tCeir subject-matter, will
:t of which previous sanction is
jcs contained in sub-seciion ( 3 ) of
icing those which ham the widest
r i t y of important proyincial Bills
iich miisit he obt~ined b c h e tile
splain the principles fol1o:red by
: Bills submitted for such sanction.
; .. – nich requirc sanction may suitably
linkly as they ri:qi!irc snnc:ion n i
. ‘ provisions. Witlrc a Bill rtqiiiiv3
~hich arises will, in rxiny cases,-
.. r;hole regulates a cx~’fral suhjp.,:l *
.
:ment of la1)our disputes. This i.,
.
, ,
,o legislation by the IcJim Legi&-
: ire proposed, if undertalcen at 211,
.. : . a Legidatwe. To give a eonereit:
submitted- for previous sanction
ich is subject t o legislation by t!ic
.. . . of India mere not only of opi:iii,ii
i of this character should be l i ~ L ~ r –
ad actually themselves reached an
,gislation an the subject. . In thr.;c
! dia, having taken the Governor
:,’ iatcd that ir: ::.$:
.’
‘ –
. . . I iovemment concerned of t!ie p s i –
.:.. .. .!. :es the Governor General \\-as pro-
:. -. . . -m sznction to prol-incid legislation
1 ‘ ‘. ;-. :: A,. it may be remarked, accepted
India and mithdrew their appl.ic;i-
proposed by them. T!icre are,
. ;lation regulating a central Suiiji:et
to be i~nobjectionahlc-lc,nislntion
ren -4ct which belongs WhUlI~ to
(a1 law is a case in poiat-and i n
samire the Bill on its nicrits ant1
recommend ri:fusal of smction t o
hich-seldom if ever matcrialiscs-
pwtant points of t1ct:Lil in rcspcpt
) require alteriition. I n the grrnt
rge. W c r c the Cill docs con::lin
India think t!i:it serialis objcctioil
‘ ndtlrcss thc locnl Govcrnmcnt,
ortlcrs. c s p l i n i n i . thc y t u r c of
on which t!iuy t h i n k the proi-isilms
oc;il Govcrclncnt iiwrpts tlicl r i i i r
t h : 1;ittr.r protwd tn iii!:c- i i i s
‘nriicnt ntlhr.rcs to its nripiml v i e r ,
. thc ncccssity of clccidinz \vhcthcr
.q the Governor C-encrat to zrunt
;ovemmrnt of 12th w r c in the hnhit
) ear.c:tion a Bill conditionally on the
3 !!ivn to bc mpiired, Lu; this practice 452
sanction to a Bill containing provisions to which i n their opinion serious
objection attaches. There bas, i t niay be mcntioncd, been no case hither-
to in which the Government of India have fuund i t neccssary to recomlpend
the Governor General to refuse sp.nction to n Bill by reason of a diffcrencr:
of opinion on a p i n ; uf detail Le~wccu tLe local Gcverxuntmt and
t i t c m d \ e;.
5. Where a Ci!l requires sanctiou in recyxt of individual proyisicjnu
only ( c . ~ . , 3. Uiil rcguliiting generally bile provincial mbjebt of local sclf-
government but contaiciug iudivitiud provisions which regulate, say,
civil lawj, the Uo,eriimcut of irdia, in euaniin:ng the Bill Ironi.tlie poiiit
of view of snncticf, wiI1 trriit tlic ci,!us.t.s in rcsl!rct of which tiiincLiu+q
is reqnired on r h e x o n " Ints:it;j ant1 IViIIiout rvrerexxc to tlie merits (;I!
the Ui!I a s a wlisle. In !!t:cid!;!ig \ v l d i t . r to rucociuiriid grant or refusal
of sawtion &y *vili Liiws prcci:,elp tile s:iiiic principles as in tiie case
of Bills 11-liicli require 3iirictiun as a ivlio!~. i f , hu-wver, the Bill as .I
wlioic rclc!es to a re:.:crYed suiljcct, tiie Governuicut of India will, as
already explained. exercise their oivn powers of control, should need arise,
independently of their rccorn_mundlrtim t o the Gowrnor General in tl?e
niatier of sanction. If the Cill relates to a transferred subject the
Cfovernnicnt of intlia arc n u t in a po:;ition !o excrciae control, but m:iy
in certain circunlstanccs :nit forivard suggestions f o r consideration. Such
suggestions are usually made. pnly f o r niust ol)rions rc:isons-e.g.. for the
wctification of a dridiing error wliich dcfears the plain object of the Bill. 453 Summary of relevant fircts.
such limnsc. I n
Reference to
. previous
evidence.
nard’s written
mernorsudum.
Sir John May- The assent stage only h in point horn.
During the pawq:(! of the Bill. a new
cl~usa W ~ I J inwrted on an nrnoui.lrncnt
moved by R non-oilicinl medicwechion
21 of tho Act .IW pawd-furii~lc~g tho
graut of a lieensa for the sa!aof any
escisible article in eny d l n c o in which
the Panchny-8t objected to tho grant of
a?plicotion to
foreign liquor. tkis clause aifected the-
Cuetoma dutia, and previoiis axncticii
ehoiild have bccii oltaiiicd to it3 inacdion.
The Goreniment of India tiid not recoin-
mend t h t ilrr- Governor Ganerai’s went
to the Act ttlroiild be wit!ikeld, but iri
comniunicatiiiq tlint sssuiit. t k y drew
attention tc: thy ftrct t!lut t h j clsu~e
required prcioim sanction, and thab
objwti.in shodd have h e n tdwn by t!ie
Government spol;csiiion to tlic moviiriq
of the amcndmerit in qucytion without
that nauction. T h y d d s d with His
Excehncy’s ~pprovhl. that tlie Governor
Cenxal had .wscnkd to the A x t on tliu
underatanding that 5cew.w for tlro sale of
1 fnreign liquor were not iri firct insued in
the araw to which the Act would. apply.
and that the existence of t!iis provirion on
the etatutc took must not bc taken tn
prcjldicc in any WRY the discretion of thd
Governor General arid ui tlie G~verninetit’
of India in dealing with siilsqnon*
legiisktirc ppossl: nf 3 Pirnilnr oharsctcr.
The Bill \nu introdnrcd withoiit rckmxwr to
thc Govcriiment of India on 25th Jiily
1%?1, 8 copy bei:iq forwxdcd to t!!o
Government of Intiin on ?!?rid rhqys&
1921. Thc Bill as introdur.d dimolved
in terrrrs tile t-xistin; iiiiivtv3ity n i a l ron-
cltitiitcci D IWH’ unirrrsicy ir. its plnce.
Tn thwe circurnstniiciy thc Governor
Gesernl. t o wlroin tho quwtiun wnj
referred irnder riilo 19 of the I.cqisltbti\o
tlv IX!l IW c!mn-n WIIA to rc;ls:itntc D
~
Coiincil riilcj. t 1 : ~ : i I i d that the etTect of
i Devolurion Rulas, and thnt the Bill thcre-
‘ university after tho cninmvn:cniciit of tSo
fore required previolls sanction under
clause (flof aection 80A (3) read with
1 proviso (b) (1) to enfrv A in part I1 of
Schedule I t.o the Dxolntinn Rdrs. i I Serial
s o .
I
Same of Bill. . i. I pre\
evidence.
I I Y L I ~
: –
‘ ! Reference to ‘ j .
Sunirnq- of rr.I~:\-ant facts. SUmmWJ’ of relevant fgcts.
‘459
One further point remains for notice. The
Bill not having been sanctioned, rule 2
(6) of the Reservation of Eills Rulcs
crime into operation and it is diEcult
to avoid the conclil3ion that. the Bill
should have bccn reserved for the
consideration of thc Go\-ernor Gcneral.
I t was not so reservcd thocgh the Gov-
ernment of Indin had drawn attention
to the application of this rule. Tlic
Gorcrnment of India otfcrcd no com-
ment On thc failure to reserre but t!ie
somewhnt iiiiiiatory tonu adopted in
conveying their obserraticns upon tlie
merits of the Bill was unrloubtctlly
influenced by the fact that the Bill [Ed
*
regulate the constituticn and fanctions
of the Cniversity and thnt n Bill of this
nature which has not received sanction
is required by the Reserration of Bills,
Rules to be rescrred for the considera-
tion of the Govcrnor General.
The Bill, which contained 259 clnuies.
~

,
was forwardei! for sanction wirh rr lrttcr
dated the 2nd Jnly 1921 in which thc
‘local Government stated that they pro-
posed t o introduc: the Cill on the 5 t h
July. The locnl Gcvcrnrnent’d cxarniii-
ntion of the question of the require-
ment of sanction was foiiiicl to IIC eniiie-
Iy inahli:nre. Thry applikrl for siliic-
tioii in reapct. of 29 t2sation claiises,
only one of which required wiction.
am! a nuiiiLer of pcn:il clair-rs noiic o f
whirli requiicd sniicticn. ‘Tkwy 111u!u
C!:I.U<,S in r:’\- no rrfcwnrr to wnie :;a)
p v c t of H hicL s;!nrriol; w,is ii: fact
r e q u i d . It \\..is 21 oII:.r rrali.wl t!iat
it wniil~l he iIiipos-:’dr to complctc tllc
cyai!iiri:itioii of tI,: ;:ill iIA tinic to cdniit
cmi i t 3 ini~oc!iicrion in the short session
(;;;t~r.:, : o:n r!:e ?At11 ,J:ily and tlie it,cnI
( . : . I \ cr.i:i,;vnt xr-na inic::rri nrcordicrly
in n Ic.:!r.r dated :lie 10:h July. Orders
u-CI’C r:i,iiiIy con\-eyrl ir, a letter dated
thc . i r h 5rptewSc.r l!Cl :ii time ro admit
of :Iir i n : r d u : i c n of t i e Bill at the
nest foiiminq srsion. IE r c s p c t of
tlvo c1.tii:c.s the grau: of sanrrion mas
coiiilitionn! ton ~ i i e in>c-r:icn of provision
requiring the prei-ious sanc:ion of ?ha Summnry of reIevsnt facts.
eerie1
h’o. 1 I KameofBill.
Referenre
-previous
to

evidence.
!
ti Li: i t rr!’?rorin:-n
; Aerini Ropc-
: ".’L?’B Bill. ~
the Bill, the Bill muet be held t-o.Ake
‘required previous sanction. The local
Government klcgraphed in reply that
there waa no intention that the Bill ahodd
affect the powera of the Univarsitiw in
question, and aftcr -me further COITE-
‘.+: i , . .
spondencc which wna coricluded before
the opening of thc eejsion at which the
Bill ww to be proceeded with i t wns
agreed that a claim should be inserted
e,qpreaaly providing that notlhg in the
Bill should affect the constitution orfunc-
tiona of the Uuivcrsities in question. The
Governnient ‘of India also niacle three
supgc.tiom of a drafting nature Jciigned
to mnovn ohsr-aitics in tfie Bill nnd ?- 1 , . . ".
y correct inhying
1 of the iinrortation (asopposed to
ymtation) cf liquor not being in-
ed in provincial auLjcct I6 oonati-
the Central Schedule. The Rill therefore
required sanction to the extent of its
applicatian to iinpoitnfion not only m
affccfing the Customs tliilirs but deo
regulnling a rentrnl siiII+t. Prohibition
of import into the llonibny Pmidency
while otbrr piovincea rrnaincd "wet "
was plainly not II practicd proposition
and this wan t h e pririiary reason for the
rufllsnl of the ncccwry statutory unction
.to tho Bill.
.-
9 – c ‘
L " – :. : i –
2 . 1
_ – -1:
* I
.’
The only point hrrr is the dccision of the
Sclcct Comaittee not to recommend an
amendment on the p u n d tlia? its adop-
tion woiiid require the making of an
application for previous sanction which
would delay the passing of the Bill. The
SeIect Committee’s Rcport is dated the
1st Buqust 1923 and the Eill was taken
up in Council on the 6th of Angwt. – The
amendment in question raised no point
requiring any detailed consideration snd
thero ia at tr& a strong probahi&y t h e –
Reria
Neme of BilI. NO.
9 Deccsn Agricnl-
turists’ Relief
Bill.

Summery of relevant facts.
a f e r e n c e to
p r e v i o UB
evidence.
462
s telegraphic spplication for ssnction on
the 1st August would have enabled sanc-
tiop to be obtained and communicated
before thc 8th August.
rfr. Chitnle, page JLr. Chitale has not -stated the nositinn
59, Vol. I1 correctly. -4ctu:rlly thc Bornhxy Gov-
ernment eubiuittctl in the tirst ir:xi:ince
ertrcwicly co.:il~rsi~~nsi,-e propJ.ildS e:n-
brazing an :i:iicncIiiiunt in its npp1i;ntion
to the Bombay Presidency of the Usurious
Loans Act, 1915, the consequcntial repeal
of the D.,cca i Agicultur sts’ Rolief
Act and an smendincnt of the 1ndi;in
Registration Act, 1908. The Govern-
ment of India after an examination
which way necessarily proloiiged ultiinato-
Iy reached the conclusion (in nqreeinrnt. it
may be obserred. with the ricw taken in
a Uinute of Qisseut rgcorileti by 3 Ilaiiiber
of tho 3 o i n h y Government) that the
arncndinent of the’ Usurious Loans Act
in its appl*;ation to a singit provinco
1
would oriiy producu confiihn. that :ha
arneiidnicnt of thc Act. if undertakrd nt
all. should b e unclcrtaken for the whole
of British India in the Indian Lcgistaturp.
and t h a t beforo any dccision in thin
matter could be reached other local Cov-
ernnients must be consultcd. In the liebt
of this tlccision tlic Boinlxry Covxnrnrnt
dropped t!ic propoial 1 0 r c p a l the wli,)la
of ttic .Dcccan .\qriciil:u&ts’ Rclwf .Act.
pending it dcrision in the matter of tho
arncndnirnt of the Csurioiin Loma -1ct
and submitted s reviser1 Bi!l to nmcnd
and repeal in part the Dcccnn Agricid-
turistu’ Relicf Act. To thld Rill Ranction
wits con;eyed with no imiluc delay. _- 463 &
$65
Roy, EzZPresident, Bangipanari.’ gamiaj-
Resolution.
This public meeting oRndinn Women belonging to different parts of Indin,
pbas on .record its very strong opinion that the disnbility of woolen .to stand
m.wn&&tes for the Legislatures be removed forthwith, and that the rules
under the Government of India Act be amended accordingly.
Memorandum.
It is not nec’essary t o recipitulnte, in this brief Xernorardun the a r p
m n t s for and against noman franchise in British-India. We Imve that point
’& decided by the Joint Select Com+ttee. Our contention is that it is an
anomaly that women may not be m e d G s of t.he Legislatures in the province8
where they are panted the right to yoti. We feel the riglit to vote ought to
include @e right to be a member of the Legislatures. In Burma, which was
consideid a backward province, and which after ansious ddileration, was the
h t Wget a constitution under the Government of Indin Act, there ‘is a provi-
Con &.*e d e s for removal of the disqualification of women bping admitted
their a h q in public activities, and we need only quote the distl:ig&hcd instance
of th&B+ of Bhopal. .With the special conditions in India, i t is most
iinpo$.ant that wom.en should .have an effective representation on. thoLegisla-
tnres, in order to protect and promote the interests of all sections of hdf tho
population of this country, particplarly in the matter of s o d legisliltion, such
ps,tbat relating to labohr, right to property, education, etc. lye fcel that the
welfare of women and children demands the presence of women on the Legis-
@:$re,. Government’. hare allowed separate reprcscntations to most classcs
,111 India, such as landholders, the coflnercisl ,clnsscs, and even the depressd
da&e and we are strongly of opinion that the interests of women in India
id to none, and need looking after. . We very much. rcscnt the posi-
our sisters in the single province of Burma shonld’be able, by a Resd-
enter their Legislature, while this should be closed to even the most
women in the rest of India, a position which, to put it mildly, is
tolerable. In conclusion, we strongly beg thc Reforms Inquiry Com-
ecommend the removal of the distpalificution of women as stated
01 From
‘* Unconnected with crganized Body, niay use my name 0s suppod-
@g you representation.”
Sn .OUT Rodution.. Memorandu’rn on behalf of the Parlinmmtary Muslin-Party
of the Legislative Assembly. r r l i a , Hu Majesty’s Inlian l?nrine Service, foreign cr politirnl rehfioi. iorlud-
ing relations with the Indian States, all other subjects should bv eut~usted to
the-control of ministers responsible to the Legislative .Assembly. At lmst
one-third of the ministers shall be hlussalmans.
No b& affecting exclusively any community shall be placed on the statute.
book, unless 3 of the members of that community p r u m t aswnt to that
view.
Complete r&gioua liberty-should be guaranteed to all. No territcrial
distributions that might heredfter be decided on, shall affcct the 3luP:irn
position of majority in the Provinces of the Punjab, Bcogal, thc ?\‘ortii-i\.t.st
Frontier, Baluchistan and in Sin& if ccnstituted into a sepamte Province.
The representation of the,Bengal Mcharnniadacs in the Lcgis!ative Aswn-
bly should be increased, as at present the represectation is much below their
population strength.
To bring about thechanges in the Central Government,anRmendment of .t ha
Act willbe necessary. The Government of India Act 1919 left thp pcsiiion of the
Central Government untouched. But as the g n n t of responsiblc Gurcrnment
in the Provixes UMO~ co-exist with an irresponsible Executive in t l x Central
Government, a change in the constitution of the Central Government in the
direction of insuring responsibility is ultiinately inevitable. The prcaent
position nhere qn irremovatle executive stands confronted \,ith a Lqislhtire
Hmse, the majority of which is hostile, is intolerable.‘ I t i.i unfair to the
E w u t i v e itself, and unless the p a d i o n is improved, is kounrl to,lcad to a,
aeries of continued deadlacks. Although the control O? tlii! Arniy must for
obvious reasons remain in.British hand, it is d&ral;Ie t h a the prcccss of
Indianisation of the army be spec&+ up.
111. The Eleckonl rules need modif;cat:cn 39 rry.:& vscrcisc of influence
through p x t y organisations such 3s the prcsent ftdixys in thu country, fl;r
t l l w t i n g Jluslim Election by the non-JIussalr%ns. Our cpixicn is that iq
tAe matter cf any election, mother conhiunity or pait>- nicst not intcrfi.Fr
with dcction of our candidates for the Icgislnturcs and that. it ~hotild t c , jll,.gil]
if any such p a r e or orgmi:aticn interferc with the elccticn by pny Jloh-nl-
mad& &ctordte Uuloss 60me .such safeguard be dwist J tllb con;ulunnI
representation of?rIuhammadans might Lc dcfintcd, c . ~ . , Ly tribc:y, ctc., cf p
pro-Hindu party.
Daled, ;isscniEly Chaybcs, Siniln,
Thc 23rd SrpfcmLcr, 137-1.
1, ,prince dfsar-ul-JIulli 1Iiiza 1:ohon:mcd dkram ITocrnin &3~adur.
2. Rabeer-ud-Cin dhnicd.
3. Dr. Eycd ALdul Khadcr Sahib Jee!aci.
4. Abul Knscm.
6. Sawab Sir Fahibznda dbdul Qaiyum, K.C.1.E. ‘
468
6. Khan Bnhedur Makdum Sy;d Rtja 1 Cnk h 911 h,
7. ‘Khan Bahndur Golnm Bari.
8. khan Bahadur Syed Md. Ismail.
.’9. Sardar Bahadur Captain Ajab Khan, O.B.E., 1.Q.M.
10. Khan Bahndur Miuhpm-ed Shams-uz-Zoha.
11. Khan Behadur W’nlli Uohamcd IIusx~na!ly.
12. Mahmood S’chamand.
13. Syed Murtuze.
14.’ Nuhammad Ibrnhim Maken.
15. Alimuzzamnn Chnudhury.
16. Dr. I;. K. Hydcr.
17. Ahmcd Mi Khan.
18. Buddiuzzaman. 409
Memorandum of t’ie Railway DepxY3ne~t, Government of
IndSa.
No. 32(j-B., &t:d t.he 1Sth Octdhr 139.4.
From–The Chief Commissioner of RaiIw.?ya,
Secretary, Reforms Eliqtiiry ColnmitbeO. To-T’e
1 am directed to for\vard the accompanying menlorandurn and t o q u e s t
tllnt it mny be l i d b,oforo the Conc;t,itutional Enquiry COniruitteo. —
MEXORAXDVM.
It has been a mnttor of constent cotnplaint from the Lcgiclatire -bsembly
thct under the present procedure they are allowed insuficicnt time for discus-
sion of tlre railwvay estimates. The Railway Department (Railnap B o d )
would also selcome greater ?pportunitics of csplaining thcir p p o s d s to the
b m b l y , since they feel that with such opportunities thcy i~ould be able to
the suspicion n-ith which much of their working is a t prcsent surrounded.
2, me acceptance by the AsseniLly of Gownment’s p r o p o d for t h h
of rciltvap from general financcs with its coroltary! the pnynicut to
ge6erpl:nvenues of o. coctribution k c d on the rcYu~ts of milwy workng ia
th6p&.lmato year, renders a reform in this rcspcct possible, sirice i t M i l l be
pi present the milway budget in advance of thc genLra1 budgct
m o a t .disclosing any financial secrets.
b*&n
3. The Raiftvap Department accordingly hope that flit? sill be in 3 posi-
tion to lay their budget before the Assembly in ndvarre of the general budget
aext February, and inussecure sonic additionnl t h e for its didcussion ;.but &y
look upon this as’merely a provisional arrongcment. It would in any c . 2 ~ ~
nppear .to involve uome minor amendments of the Indian Legislatire Rules.
Tliep’ &kbt,,however, if pressure of work in the Dclhi session will ever allocv
tbitdotment-of sufficient timc for a thorough discussion of the raiI\vap esti-
hnakapand they would like therefore to inaugurate u larger change. If the
r a ~ w a ~ p a r wem changed SO that the milwity estilrlatcs-cou:d be prcstruted
:.to thehxpbly in the September session, t h y anticipate t!lat it ~011ld be niuch
casier2o’secbre that the requisite number of duys KIS allotted for tlicir dis-
,cussio& and also t o find time for an explanation of them in detail bcforc p r p
sentation to the Standing Finance Conimittce for liaiI\vays.
4. :This course would in their opinion 113v.o ninny additions ad\-nntagcs.
It should enable them to make much uiorc accurate estimates both of
revenueand expenditure, since the estimates will be frohlcd at a time when the
prmpeds of tho monsoon cnn Iw accurately gniyed, an(! just in advance Gf the
heavy working season for practically all the lurgc Railway adfinistratiou
i n Icdia.
5. It would be possible by changing the date of the i.ommencement of tho
reilTv:iy year to the 1st October and placing the roilway estimates before the
Xs.st.zblp h the middle of September to adhcre to the main outlines of tho
present sxstem .in India ; but the Railwzy Department :rould prcfer a m010

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August 1st, 2012 at 10:52 am

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