CONSTITUTION FOR INDIA

Hokitika Guardian, 16 January 1931, Page 2

CONSTITUTION FOR INDIA

OUTLINE OF SCHEME.

CONFERENCE NEARINC END OF WORK.

RUGBY, January 12

The Indian Round-Table (Jonierenct is expected, to end its task this week. It has been provisionally arranged for <•. full meeting of the conference 111 com mittee on Thursday and Friday, and a plenary session 011 the latter day.

The 1 rime Minister (Mr Ramsay MacDonald) will make a speech at ’'•inplenary session outlining the Govern ment’s proposal to be embodied in a measure for presentation to Pailia ment. The delegates are expected usay farewell to one another next Monday, at.the latest. ~ To-day an important stage wareached when Lord Sankey read to the Federal Structure Sub-Committee 1. twenty-six page draft report on the sub ,ject this- body has been consideringit is expocted that the discussym or, the report will .be completed to-mor-row.

It is said that the report points out that the sub-committee does not claim to have evolved in all details a complete plan for a federal constitution. It considers that the best service it can render the Conference is to state certain general prineipl.es regarding the executive. The report’proceeds op the basic assumption that tile constitution will recognise the principle that, subject to special conditions, the responsioility for the Federal Government 'off India will in fact rest upon the Indians themselves. ,

In the opinion of the sub-committee the proper method of giving effect to this principle is by billowing the precedent of all the dominion constitutions to provide that executive power and authority shall be vested in the Crown, or in the Governor-General as representing the Crown, and that there will ,be a council of Ministers appointed by the • Governor-General, and holding office at his pleasure. It is suggesiecthat - the instrument of instructions should direct him to appoint those persons who command the confidence oi the Legislature and the Governor-Gen-eral. The convention of inviting onminister to -form a Government, am* requesting him to submit a list of his proposed colleagues, should be followed. As those chosen as ministers should possess the confidence of the Legislature it follows that they would retain office only so long as they retained that confidence. The sub-committee also implied that- in its view the members of the ministry are responsible collective ly, and that they should stand or fall together,

qualifications,

•It i : i) however, admitted that tins broad statement of principle on responsible Government at the centre will be the ultimate achievement of the constitution now to be formed, and requires some qualification. There was general agreement in the sub-commit-tee that the assumption by India of all the powers and responsibilities which hitherto rested on Parliament cannot be made at one step and that during the period of transition firstly the Governor-General should be responsible for defence and external relations including relations with the Indian States outside the Federal sphere; and that secondly in certain circumstances that may arise outside the sphere oi these subjects, the Governor-General must be at liberty to act on his own responsibility, and must be given the powers necessary to implement his decisions. It is clear, however, that the Governor-General must be at liberty to select as ministers responsible in the reseived sphere any persons he may himself choose as best fitted for me purpose, and that on appointment they should hold ministerial portfolios, and acquire right like other members ot audionce in either chamber of the Legis lature

With the position of the GovernorGeneral in relation to his Cabinet is to some degree involved the question oC whether the Governor-General himself should preside over the meetings of his ministers. I ntlie sub-committee’s view the better course would be to provide in his instructions that he should preside when he thought it desirable, leaving the matter to his discretion. It is however, essential tha£r the GovernorGeneral should be kept at all times fully informed of the state of public affairs, and have the right to call for any papers or information which are at his ministers’ disposal.

FINANCIAL STABILITY.

In the sphere of finance the sub-com-mittee regarded as a fundamental condition df the success of the new constitution that no room should be left for doubts as to the ability of India to maintain her financial stability, both at home and abroad. It should there,fore, he necessary to reserve to the Governor-General such essential powers as would enable him to intervene if methods were being pursued which would prejudice India in the money markets of the world. The sub-committee recommended that efforts be made to establish on a sure foundation, and free from any political influence, as early as possible a reserve hank entrusted with the management of currency and exchange.

With the same object provision should be made requiring the Governor-Gen-eral’s previous sanction to the introduction o if a Bill dealing with coinage.

The sub-committee recognised that it might be difficult, under the existing conditions, to set u pa reserve bank immediately and therefore special pro vision will he necessary in the meantime to give the Governor-General adequate control of monetary policy arm currenc-y. Jt assumed also that the Gov ernor-General would continue to have the right of refusing to assent to leg Is lative measures, and of returning a Bill for consideration ; and subject to any instruction issued to the Governor-Gen eral, that his existing powers as to reservations and disallowances would remain. In the event of a breakdown of the Constitution, adequate powers inns--oe vested in the Governor-General 10. the purpose of enabling the King’s Government to he carried on.

THE LEGISLATURE

In regard to the Legislature, the subcommittee proceeded 011 the basis that Mere would be two chambers —an Upper House, or the Senate, comprising 1.50 members, and a Lower House o 1 200 members. As to the qualifications of members of the Upper House, it was suggested that a prinieple similar to Jio.se in force for the Council of State would apply in British India, and tiia: die States should take measures to ensure the appointment of men of similar standing. 'The sub-committee suggested that the Provincial Legislatures should elect members to the Senate by the sing’.vote, and that a fixed proportion 01 members of the Senate be replaced a* regular intervals, The term off Lower Chamber members should ho five years unless thp Legislature w/m dissolved by the Goyernpr-Generul. As regards the distribution of 3eats there was'a difference of opinion in the •ommittce, as also on the method of .'lection, whether direct or indirect. The nib-committee suggested that tor the mi-pose of securing greater -stability to the executive Ministers should not be compelled to resign unless there were in adverse vote of two-thirds of both Chambers. sitting together, and ,the suggestion found large support. The sub-committee was also of opinion that some means should be devised whereby, in intervals of stability, an adverse vote should not on ever occasion involve reorganisation.