INDIAN REFORM

Dominion, Volume 28, Issue 104, 26 January 1935, Page 7

INDIAN REFORM

Provisions of British Bill LINKING PROVINCES Establishment of All-India Federation SAWGUARDING powers (British Official Wireless.) Rugby, January 24. The text of the Government of India Bill, which consists of 451 clauses and 15 schedules and extends to 350 pages, was issued this morning, accompanied by an explanatory memorandum, which states that the Bill is the expression in legislative form of the report of the Parliamentary Joint Select Committee. The Bill provides for the establishment of an All-India Federation, constituted by linking 11 British-Indian provinces—two of them new—in a Federal system with those Indian States prepared to enter federation by the voluntary act of their rulers. The establishment of federation is dependent on the accession of States containing not less than half the total population of all the States and entitled to fill at least half of the seats provided for States’ representatives in the Federal Upper House'. No change is made in the internal regime of the States or in the relationship be;ween their rulers and the Crown outside the Federal sphere. The Bill enables the provinces to manage their own affairs to a greater extent than at present. The great majority of the departments of the Government which affect individual* from day to day, including law and. order as well as certain items of revenue, for example, land taxes, are made the business of the provinces. The ■ federation deals with matters such as currency and tariffs which concern India as a whole. Two questions of great importance, defence and foreign relations, remain the direct responsibility of the Gov-ernor-General. Elected Legislatives. Each of the provinces will have a directly-elected Legislative Assembly and in five provinces there is an Upper as well as a Lower House. Federation itself will have an Upper and Lower House composed of members indirectly elected by the provinces and representatives nominated by the States. In all the assemblies, Federal and provincial, a quota of seats is ensured to various minorities. Both at the Federal centre and in the provinces Governments will be formed of Ministers responsible to their legislatures in much the same sense in which Cabinet in Britain is responsible to Parliament. Except in three reserved Federal Departments of Defence, External Affairs, and Ecclesiastical Affairs, the ' Governor-General and the Governors at the heads of the Federal Government and the provincial governments respectively will be guided by the advice of their Ministers, so long as they are satisfied that to do so does not conflict with certain special responsibilities imposed on them in the Bill. These cover a wide field and include such duties as the prevention of a “grave menace to peace and tranquillity,” the safeguarding of minorities and, in the case of the Governor-Gen-eral, the safeguarding of financial stability and credit. Special provision is made to deal with the problem of terrorism. The general political effect of the Bill is to provide that in the provinces and with certain reservations, at the Federal centre, there will be a system of Parliamentary Government, except when circumstances call for the exercise of the overriding powers of the Governor-General or Governor. Provision is made that recruitment in Britain for the Indian Civil and Police Services shall continue, and that service rights shall be preserved. The discipline of the police and the independence of the Judiciary are protected from the effects of political influences. A safeguard is introduced against the fiscal freedom of India being used deliberately to damage British trade with India. Constitution for Burma. Burma is to be separated from India and the Bill provides for a new Constitution for Burma on the general lines of that proposed for India. Provision is made for the transfer of the powers proposed to the provinces before the establishment of the Federation and for changes consequently necessary in the central Government during the transitional period. Powers are also provided for the assumption by the Governor-General ot all powers of Government in the event of a breakdown in the Constitution. The great length of the Government of India Bill, which will come before the House of Commons on the second leading on February 5 or 6, is more apparent than real. The Bill has to provide for three separate entities, namely, Indian Federation, Indian Provinces, which, with the States, will compose the Federation, and Burma. In order to avoid a complete and confusing presentation by resorting to the system of references and to ensure that the 150 clauses of the Bill dealing with Burma are complete in themselves, there are many repetitions If account is taken of them, the Bill might be said to be only one-half of its apparent length. With regard to the entry of the States into the Federation, it is proposed that immediately after the Bill has been passed, the Crown should enter into negotiation with the States individually for the conclusion of their accession to the Federation. The extent to which each ruler is proposing to accede will be brought to the knowledge of Parliament before the latter, by affirmative resolution of both Houses, invites his Majesty to issue a proclamation inaugurating the Federation. Executive authority will be exercised in the Federation by the Gov-ernor-General, and in the provinces by the Governors, but the GovernorGeneral and each Governor will have a Council of Ministers to aid and advise him “in the exercise of his functions, except in so far as he is by or under this Act required to exercise his functions or any of them in his discretion.” Other provisions of the Bill require the Governor-General to exercise in bis discretion his functions in regard _tt>

the three Departments reserved for his own control—the Departments of External Affairs, Defence, and Ecclesiastical Affairs—and the various other specific powers conferred upon the Governor-General and upon Governors by the Bill are described as being powers the exercise of which is in their discretion. “Individual Judgment.” Another technical term used in this connection throughout the Bill is the phrase “exercise his individual judgment.” This phrase is applicable to matters within the purview of Ministers, and means that the GovernorGeneral, or Governor, after considering the advice of his Ministers, is free to direct such action as he thinks fit; that is to say, not necessarily to accept the advice tendered to him. This course is open to the GovernorGeneral or Governor, firstly, whenever certain special responsibilities enumerated are, in his opinion, involved; and secondly, whenever any of the powers conferred upon him to act specifically require him in their exercise to exercise his individual judgment. Whenever the Governor-General or Governor is “acting in his discretion” or “exercising his indlvdual judgment,” he is subject to the superintendence of the Secretary of State. Full directions will be given to the Governor-General and Governors bj’ instrument of instructions regulating the use of these powers to be issued with the approval of Parliament bj’ the Grown. LEGISLATIVE ASSEMBLY Moslem Elected President New Delhi, January 24. Sir Abdur Rahim, the Moslem leader, was elected President of the Legislative Assembly. He received seven votes more than Mr. Sherwani, the Congress candidate.