The Political Future of India Part 19

(3) _Legislative Council._--For the purpose of legislation the Council consists of all Executive members with 60 additional members, of whom only 27 are elected by specified electorates by a method of indirect election. There is separate representation for Mohammedans. The Governor-General is the President of the Council.

The members of the Legislative Council can discuss the Budget, move resolutions or ask questions, but the Executive Government is not bound thereby. In other words the Legislative has no control over the purse or the acts of the Executive.

Every act of the Legislative requires the a.s.sent of the Governor-General, and the Crown may also disallow the same. Besides in cases of emergency the Governor-General has the power to promulgate laws in the shape of ordinances, without reference to the Legislative Council, on his own initiative or on the recommendation of Provincial Governments. These ordinances to be in force for six months.

MONTAGU-CHELMSFORD SCHEME OF REFORMS

I. THE SECRETARY OF STATE IN COUNCIL

(1) His Majesty's Secretary of State to be retained, but his salary to be transferred to British Estimates.

(2 & 3) A Committee is appointed to examine and report on the present const.i.tution of the Council of India as well as the Office establishment. (The report of the Committee is not yet made.)

(4) The House of Commons to be asked to appoint a Select Committee for Indian affairs.

(5) Control of Parliament and the Secretary of State to be modified.

II. THE GOVERNMENT OF INDIA

(1) _General._--The Government of India to preserve indisputable authority on all matters relating to peace, order, and good Government.

It is to remain fully autocratic as at present.

A Privy Council to be established in India.

(2) _The Executive Council._--To continue as before with maximum limit removed, but the Indian element is to be increased to two members.

Government to be empowered to appoint a limited number of members (not necessarily elected) of the Legislative Council as Under-Secretaries, similar to Parliamentary Under-Secretaries in England.

(3) _Legislative Council._--There will be two legislative Bodies. One to be called _Legislative a.s.sembly_ (with elected majority), and the other the _Council of State_ (with official majority).

The Legislative a.s.sembly is to consist of 100 members, two-thirds of whom would be elected. Of the nominated not less than one-third should be non-officials. President to be nominated by the Governor-General.

The Council of State to consist of 50 members, of whom 21 are to be elected. The Governor-General is to be the President.

Bills pa.s.sed by the a.s.sembly must also be referred to the Council of State, the differences, if any, being settled by a joint session. But in cases where the interests of peace, order and good Government, including sound financial administration, are concerned, Governor-General shall have powers to refer a Bill to the Council of State and it will become law in the form approved by the Council of State even though it is not acceptable to the a.s.sembly.

Legislative a.s.sembly and the Council of State may discuss the Budget, ask questions, and pa.s.s resolutions, but they are not binding on the Executive.

The Governor-General to retain his power of a.s.senting to Acts and promulgating ordinances on his own authority. The Crown may disallow any Act.

The Montagu-Chelmsford Scheme proposes periodical (decennial) Parliamentary inquiries to revise the const.i.tution, both for the Central and the Provincial Governments.

CONGRESS-LEAGUE REFORM PROPOSALS

I. THE SECRETARY OF STATE IN COUNCIL

(1) The Secretary of State to be retained. But his salary to be transferred to British Estimates.

(2) The Council of India be abolished.

(3) There should be two permanent Under-Secretaries, one of whom should be an Indian. The charges of the Indian Office establishment should be transferred to British Estimates.

(4) The proposed Select Committee of the House of Commons is not objected to.

(5) The Secretary of State for India should eventually occupy the same position as the Colonial Secretary. The control of Parliament and Secretary of State be modified only with the transfer of responsibility of the Government of India to the electorate.

II. THE GOVERNMENT OF INDIA

(1) _General._--The Government of India shall have undivided authority in matters concerning Peace, Tranquillity and Defence of the Country; but _subject to a Statutory Declaration_ of the rights of the people of India as British citizens, viz., that all Indians are equal before law, equally ent.i.tled to a licence to bear arms and to have the freedom of speech, writing, and meeting, and also the freedom of the Press, and that no one be punished or deprived of his liberty except by a sentence of a Court of Justice.

That the principle of Responsible Government should be applied to the Central Administration by dividing the subjects into (1) reserved (2) transferred. The reserved subjects to be administered by Government without popular control. The reserved subjects shall be Foreign affairs (except relations with Colonies, and Dominions), Army, Navy, and relations with Indian Ruling Princes, as well as matters affecting public peace, tranquillity, defence of the country subject to the Declarations of Rights mentioned above. All other subjects should be transferred subjects--_i.e._, transferred to the popular control exercised by the enlarged Legislative a.s.sembly.

There should be no Privy Council.

(2) _Executive Council._--The Executive Council shall consist partly of Ministers, from the Elected members of tie Legislative Council, and in charge of the transferred subjects; and other members nominated by the Government in charge of the reserved subjects. When there are two or more members in charge of the reserved subjects, half the number shall be Indians.

(3) _Legislative Council._--There should be no Council of State, but only one Legislative a.s.sembly composed of 150 members, four-fifths of whom should be elected directly by the people. The Franchise should be as broad as possible without distinction of s.e.x, but with a proportional and communal representation for Mohammedans as settled at Lucknow. The a.s.sembly should have an elected President. (The Moslem League does not object to the Council of State if at least half the members thereof would be elected).

The Legislative a.s.sembly should have the same measure of fiscal autonomy as Self-Governing Dominions, and should control the Budget, excepting the reserved subjects, the allotment for which shall be a first charge on the Revenues. All Bills must be introduced and pa.s.sed in the a.s.sembly.

Provided that in the case of reserved subjects if the Legislative a.s.sembly does not pa.s.s measures desired by Government, the Governor-General in Council may provide for the same by regulations.

Such regulations will remain in force for one year, and shall not be renewed unless 40 per cent (two-fifths of the members) of the Legislative a.s.sembly present and voting are in favour of them.

The Governor-General to retain his existing power of making ordinances and the Governor-General in Council the power of pa.s.sing regulations.

The Governor-General and the Crown to have also power of a.s.sent, reservation or disallowance.

The Congress-League scheme objects to periodical Commissions for revising the Const.i.tution, and asks for a Statutory declaration that the transfer of responsibility should be completed in a period not exceeding 15 years, when India should be placed on a footing of equality with the other self-governing parts of the Empire.

III. THE PROVINCIAL GOVERNMENTS

(1) _General._--India, including Burma, is divided into 14 provinces, each of which has its own Provincial Government.

By a system of decentralisation, revenues are allotted to all these provinces by the Government of India. The Provincial Governments administer, under the general supervision of the Central Government, without being responsible to the Local Legislatures in any way.

(2) _Executive._--Bombay, Bengal, and Madras have each a Governor sent from England and three (one of whom is, in practice, an Indian) Executive Councillors appointed by the Crown, with a Legislative Council.

Bihar and Orissa governed by a Lieutenant-Governor with Legislative and Executive Councils; United Provinces, Punjab and Burma by a Lieutenant-Governor with only a Legislative Council; Central Provinces and a.s.sam by a Chief Commissioner with only a Legislative Council, and the remaining by Chief Commissioners without any Councils.