III
INDIA OFFICE IN LONDON
The princ.i.p.al proposals under this head may be thus summarized;
"We advise that the Secretary of State"s salary, like that of all other Ministers of the Crown, should be defrayed from home revenues and voted annually by Parliament. This will enable any live questions of Indian administration to be discussed by the House of Commons in Committee of Supply.... It might be thought to follow that the whole charges of the India Office establishment should similarly be transferred to the home Exchequer; but this matter is complicated by a series of past transactions, and by the amount of agency work which the India Office does on behalf of the Government of India; and we advise that our proposed committee upon the India Office organization should examine it and taking these factors into consideration, determine which of the various India Office charges should be so transferred, and which can legitimately be retained as a burden on Indian revenues.
"But the transfer of charges which we propose, although it will give reality to the debates on Indian affairs, will not ensure in Parliament a better informed or a more sustained interest in India. We feel that this result can only be accomplished by appointing a Select Committee of Parliament on Indian affairs."
The above in substance is the proposed scheme. In India it has met with varied response. The European community does not approve of it. They think it is too radical. The European Services have struck a note of rebellion threatening to resign in case of its acceptance by Parliament.
The Indian politicians are divided into two camps. Their views are best represented by the following tabular statement which we reproduce from the Indian newspapers.
A COMPARISON BETWEEN THE RESOLUTIONS RELATING TO THE REFORM PROPOSALS Pa.s.sED
_Ordinary Rights of Citizens_
BY THE SPECIAL CONGRESS BY THE MODERATE CONFERENCE
Resolution IV. The Government of (V) This Conference urges that India shall have undivided legislation of an exceptional administrative authority on character having the effect of matters directly concerning curtailing ordinary rights such peace, tranquillity and defence as the freedom of the press and of the country subject to the public meetings and open following: judicial trial, should not be carried through the Council of That the Statute to be pa.s.sed by State alone, or in spite of the Parliament should include the declared opinion of the Declaration of the Rights of the Legislative a.s.sembly of India, people of India as British except in a time of war or citizens: internal disturbance, without the approval of the Select (a) That all Indian subjects of Committee of the House of his Majesty and all the subjects Commons proposed to be set up naturalized or resident in India under the Scheme unless such are equal before the law, and legislation is of a temporary there shall be no penal nor character and limited to a administrative law in force in period of one year only, the the country whether substantive said legislation being in any or procedural of a case made renewable without such discriminative nature. approval in the last resort.
(b) That no Indian subject of his Majesty shall be liable to 10 suffer in liberty, life, property or of a.s.sociation, free (c) All racial inequalities in speech or in respect of writing, respect of trial by jury, the except under sentence by an rules made under the Arms Act, ordinary Court of Justice, and etc. should be removed and the as a result of a lawful and open latter should be so amended as trial. to provide for the possession and carrying of arms by Indians (c) That every Indian subject under liberal conditions.
shall be ent.i.tled to bear arms, subject to the purchase of a (d) A complete separation of licence, as in Great Britain, judicial and executive functions and that the right shall not be of all district officers should taken away save by a sentence of be made, at least in all major an ordinary Court of Justice. provinces, at once, and the judiciary placed under the (d) That the Press shall be jurisdiction of the highest free, and that no licence nor court of the province.
security shall be demanded on the registration of a press or a newspaper.
(e) That corporal punishment shall not be inflicted on any Indian serving in his Majesty"s Army or Navy save under conditions applying equally to all other British subjects.
_Fiscal Autonomy_
Resolution V. This Congress (VI) Saving such equal and is strongly of opinion that equitable Imperial obligations essential for the welfare of the as may be agreed upon as resting Indian people that the Indian on all parts of the Empire, the Legislature should have the Government of India, acting same measure of fiscal autonomy under the control of the which the self-governing dominions Legislature, should enjoy the same of the Empire possess. power of regulating the fiscal policy of India as the Governments of the self-governing dominions enjoy of regulating their fiscal policy.
_Reform Proposals_
Resolution VI. That this (III) "This Conference cordially Congress appreciates the earnest welcomes the Reform Proposals of attempt on the part of the Right the Secretary of State and the Hon. the Secretary of State and Viceroy of India as const.i.tuting his Excellency the Viceroy to a distinct advance on present inaugurate a system of conditions as regards the responsible government in India, Government of India and the and, while it recognizes that Provincial Governments and also some of the proposals const.i.tute a real step towards the an advance on the present progressive realization of conditions in some directions, "responsible government" in the it is of opinion that the Provincial Government in due proposals are as a whole fulfillment of the terms of the disappointing and announcement of August 20, 1917.
unsatisfactory, and suggests the As such this Conference accords following modifications as its hearty support to those absolutely necessary to proposals, and, while suggesting const.i.tute a substantial step necessary modifications and towards responsible government: improvements therein, expresses its grateful appreciation of the earnest effort of Mr. Montagu and Lord Chelmsford to start the country on a career of genuine and lasting progress towards the promised goal."
(V) "This Conference regards all attempts at the condemnation or rejection of the Reform Scheme as a whole as ill advised, and in particular protests emphatically against the reactionary att.i.tude a.s.sumed towards it by the Indo-British a.s.sociation and some European public bodies in this country which is certain to produce, if successfully persisted--in, an extremely undesirable state of feeling between England and India and imperil the cause of ordered progress in this country. This Conference, therefore, most earnestly urges his Majesty"s Government and Parliament of the United Kingdom to give effect to the provisions of the Scheme and the suggestion of its supporters in regard thereto as early as possible by suitable legislation."
_Government of India_
(1) That a system of reserved (V) (a) "This Conference, while and transferred subjects similar making due allowance for the to that proposed for the necessities or drawbacks of provinces, shall be adopted for transitional scheme, urges that, the Central Government. having regard to the terms of the announcement of August 20, (2) That the reserved subjects 1917, and in order that the shall be foreign affairs progress of India towards the (excepting relations with the goal of a self-governing unit of colonies and dominions) army, the British Empire may be navy, and relations with Indian facilitated and not unduly Ruling Princes, and subject to delayed or hampered, as also the declaration of rights with a view to avoid the contained in resolution IV, the untoward consequences of a matters directly affecting legislature containing a public peace, tranquillity and substantially elected popular defence of the country, and all element being allowed merely to other subjects shall be indulge in criticism unchecked transferred subjects. by responsibility, it is essential that the principle of (3) The allotments required for responsible government" should reserved subjects should be the be introduced also in the first charge on the revenues. Government of India, simultaneously with a similar (4) The procedure for the reform in the provinces. There adoption of the budget should be should, therefore, be a division on the lines laid down for the of functions in the Central provinces. Government into "reserved" and "transferred" as a part of the (5) All legislation should be by present instalment of reforms Bills introduced into the and the Committee on division of Legislative a.s.sembly, provided functions should be instructed that, if, in the case of to investigate the subject and reserved subjects, the make recommendations.
Legislative Council does not pa.s.s such measures as the (b) While, as suggested above, Government may deem necessary, some measures of transfer of the Governor General-in-Council power to the Indian Legislature may provide for the same by should be introduced at the regulations, such regulations to commencement, provision should be in force for one year but not be made for future progress to be renewed unless 40 per towards complete responsible cent. of the members of the government of the Government of a.s.sembly present and voting are India by specifically in favour of them. authorizing the proposed periodic Commissions to inquire (6) There shall be no Council of into the matter and to recommend State, but if the Council of to Parliament such further State is to be const.i.tuted, at advance as may be deemed least half of its total strength necessary or desirable in that shall consist of elected behalf.
members, and that procedure by certification shall be confined (c) The power of certification to the reserved subjects. given to the Governor-General should be limited to matters (7) At least half the number of involving the defence of the Executive Councillors (if there country"s foreign and political be more than one) in charge of relations, and peace and order reserved subjects should be and should not be extended to Indians. "good government" generally or "sound financial (8) The number of members of the administration."
Legislative a.s.sembly should be raised to 150 and the proportion (e) This Conference recommends of the elected members should be that the composition of the four-fifths. Council of State should be so altered as to ensure that one (9) The President and the half of its total strength shall Vice-President of the consist of elected members.
Legislative a.s.sembly should be elected by the a.s.sembly. (f) The Indian element in the Executive Government of India (10) The Legislative a.s.sembly should be one-half of the total should have power to make or number of that Government.
modify its own rules of business and they shall not require the sanction of the Governor General.
(11) There shall be an obligation to convene meetings of the Council and a.s.sembly at stated intervals, or on the requisition of a certain proportion of members.
(12) A statutory guarantee should be given that full responsible government should be established in the whole of British India within a period not exceeding 15 years.
(13) That there should be no Privy Council for the present.
_Provincial Governments_
1. There should be no additional (e) The proposal to appoint an members of the Executive additional Member or Members Government without portfolios. from among the senior officials, without portfolios and without 2. From the commencement of the vote for purposes of first Council the principle of consultation and advice only, responsibility of the ministers but as _Members of the Executive to the legislature shall come Government_, in the provinces into force. should be dropped.
3. The status and salary of the (1) ministers shall be the same as that of the members of Executive (a) The status and emoluments of Council. Ministers should be identical with those of Executive 4. At least half the number of Councillors, and the Governor Executive Councillors in charge should not have greater power of of reserved subjects (if there control over them than over the be more than one) should be latter.
Indians.
(b) Whatever power may be given 5. The Budget shall be under the to the Governor-in-Council to control of the Legislature interfere with the decisions of subject to the contribution to the Governor and Ministers on the Government of India, and the ground of their possible during the life-time of the effects on the administration of reformed Councils, to the the reserved subjects, allocation of a fixed sum for corresponding power should be the reserved subjects; and given to the Governor and should fresh taxation be Ministers in respect of necessary, it should be imposed decisions of the by the provincial Governments, Governor-in-Council affecting as a whole for both transferred directly or indirectly the and reserved subjects. administration of the transferred subjects.
LEGISLATURE (d) Heads of provincial 1. While holding that the people Governments in the major are ripe for the introduction of provinces should ordinarily be full provincial autonomy the selected from the ranks of Congress is yet prepared with a public men in the United view to facilitating the pa.s.sage Kingdom.
of the Reforms, to leave the departments of Law, Police and (e) No administrative control Justice, (prisons excepted) in over subjects vested in the hands of the Executive provincial Governments should be Government in all provinces for "reserved" in the central a period of six years. Executive Government particularly in and Judicial Departments must be respect of "transferred" heads.
separated at once.
(f) The Government of India 2. The President and the should have no power to make a Vice-President should be elected supplementary levy upon the by the Council. provinces; they may only take loans from the latter on 3. That the proposal to occasions of emergency.
inst.i.tute a Grand Committee shall be dropped. The Provincial (2) This Conference recommends Legislative Council shall that the largest possible number legislate in respect of all of subjects should be included matters within the jurisdiction in the "transferred" list in of provincial Government, every province as the progress including Law, Justice and and conditions of each province Police but where the Government may justify and that none is not satisfied with the mentioned in the Ill.u.s.trative decision of the Legislative List No. 11 appended to the Council in respect of matters Report should, as far as relating to Law, Justice and possible, be "reserved" in any Police, it shall be open to the province.
Government to refer the matter to the Government of India. The IX (c) The Legislative Councils Government of India may refer should have the right to elect the matter to the Indian their own Presidents and Legislature and the ordinary Vice-Presidents.
procedure shall follow. But if Grand Committees are inst.i.tuted, VIII (b) The elected element in this Congress is of opinion, the Provincial Legislative that not less than one-half of Councils should be four-fifths the strength shall be elected by of the total strength of the the Legislative a.s.sembly. Councils at least in the more advanced provinces.
4. The proportion of elected members in the Legislative IX. 1 (a) It should be provided Council shall be four fifths. that when a Council is dissolved by the Governor, a fresh ELECTIONS election should be held and the new Council summoned not later 5. Whenever the Legislative than four months after the a.s.sembly, the Council of State, dissolution.
or the Legislative Council is dissolved, it shall be VIII (a) The Franchise should be obligatory on the Government as as wide and the composition of the case may be, to order the the Legislative Council should necessary elections, and to be as liberal as circ.u.mstances resummon the body dissolved may admit in each province, the within a period of three months number of representatives of the from the date of dissolution. general territorial electorates being fixed in every case at not 6. The Legislative a.s.sembly less than one-half of the whole should have power to make or council.
modify its own rules of business and they shall not require the (c) The franchise should be so sanction of the broad and the electorates so Governor-General. devised as to secure to all cla.s.ses of tax-payers their due 7. There should be an obligation representation by election and to convene meetings of the the interests of those Council and a.s.sembly at stated communities or groups of intervals, or on the requisition communities in Madras and the of a certain proportion of Bombay Deccan and elsewhere who members of the a.s.sembly. at present demand special electoral protection should be 8. No dissolution of the adequately safeguarded by legislature shall take place introducing a system of plural except by way of an appeal to const.i.tuencies in which a the electorate and the reason reasonable number of seats shall be stated in writing should be reserved for those countersigned by the Ministers. communities.
(e) In the case of any community for which separate special electorates may be deemed at present necessary, partic.i.p.ation in the general territorial electorates, whether as voters or candidates, should not be permitted.
(f) It shall be left to the option of an individual belonging to a community which is given separate representation to enrol himself as a voter either in the general or the communal electorate.
_Parliament and India Office_
(e) The control of Parliament (XI) This Conference, while and of the Secretary of State generally approving of the must only be modified as the proposals embodied in the Report responsibility of the Indian and regarding the India Office and provincial Governments to the Parliamentary control, urges:-- electorates is increased. No power over provincial (a) That the administrative Governments now exercised by control of Parliament over the Parliament and by the Secretary Government of India exercised of State must be transferred to through the Secretary of State the Government of India, save in should continue except in so far matters of routine as the control of the administration until the legislature on the spot is latter is responsible to subst.i.tuted for the present the electorates. Parliamentary control.
(d) No financial or (d) That until the India Council administrative powers in regard can be abolished by subst.i.tuting to reserved subjects should be Indian control for the control transferred to the provincial of Parliament over the affairs Governments until such time as of India, it should be a mere they are made responsible advisory body with its strength regarding them to electorates, reduced to 8 members, four of and until then the control of whom should be Indians.
Parliament and the Secretary of State should continue. (c) That at least a major part of the cost of the India Office (b) The Council of India shall should be borne by the British be abolished, and there shall be Exchequer.
two permanent Undersecretaries to a.s.sist the Secretary of State (b) That Indian opinion should for India, one of whom shall be be represented on the Committee an Indian. appointed to report upon the organisation of the India Office (c) All charges in respect to and the evidence of Indian the India Office establishment witnesses invited.
shall be placed on the British estimates.
(d) The committee to be appointed to examine and report on the present const.i.tution of the Council of India shall contain an adequate Indian element.
_Mahomedan Representation_
Resolution VII. The proportion (VIII) (d) Mahomedan of Mahomedans in the Legislative representation in every Council and the Legislative legislature should be in the a.s.sembly as laid down in the proportions mentioned in the Congress-League Scheme must be Scheme adopted by the Congress maintained. and the Muslim League at Lucknow in 1916.