The Political Future of India Part 21

The general proposals for the franchise are based upon the principle of residence and the possession of certain property qualifications. In addition the enfranchis.e.m.e.nt of all retired and pensioned officers of the Indian Army, whether of commissioned or non-commissioned rank, is recommended. This step was universally and strongly recommended in the Punjab, and it is to extend to all provinces. The property qualification is adapted to local conditions and is guided by the principle that the franchise should be as broad as possible, consistently with the avoidance of any such inordinate extension as might lead to a breakdown of the machinery of election through weight of numbers. The large proportion of illiterate voters, in the absence of a literary test, may cause difficulty, but it has already been faced successfully in munic.i.p.al elections in India by the use of coloured ballot-boxes and other like devices.

No rigid uniformity of property qualification has been sought, but the committee have proposed the same qualification for all communities within the same area. A substantially higher proportion of the urban than of the rural population will be enfranchised. At present the total number of electors for the provincial councils is 33,007, and of these no fewer than 17,448 are Mohammedans, since that community enjoys direct representation on an individual basis. The number of voters will be raised under the scheme to 5,179,000, being 2.34 per cent of the total population in the eight provinces, which is nearly 220,000,000.

The long established administrative unit of the "district" is made the territorial area for const.i.tuencies but the relatively few cities with large populations are to be separately represented. Occasionally towns are grouped into separate urban const.i.tuencies. Single-member const.i.tuencies are the general rule, but lat.i.tude is left to the local Governments. Plural voting is to be forbidden, but this does not apply to electors in const.i.tuencies formed for the representation of special interests.

SPECIAL COMMUNITIES

In conformity with the recognition of the Joint Report that separate Mohammedan representation cannot be abandoned, the scheme provides for Mohammedan const.i.tuencies. The compact of the joint session of the National Congress and the Moslem League at Lucknow in December, 1916, is accepted as a guide in allocating the proportion of Mohammedan seats. In the Punjab this facility is to be extended to the Sikhs. Beyond this the framers of the Joint Report did not propose to go; but Lord Southborough's Committee recommend separate electorates, where the numbers justify that course, for Indian Christians, Europeans, and the domiciled "Anglo-Indians"--_i.e._, country-born Europeans and Eurasians.

It is observed that candidates belonging to these communities would have no chance of being elected by general const.i.tuencies. The hope is expressed that it will be possible "at no very distant date to merge all communities into one general electorate."

Other claims for separate electorates are not conceded. Regret is expressed that the organized non-Brahmans of the Madras Presidency refuse to appear before the Committee. It is pointed out that there the non-Brahmans (omitting the depressed or "untouchable" cla.s.ses) outnumber the Brahmans by about 22 to one; and on the basis of enfranchis.e.m.e.nt taken in Madras the non-Brahmans would be in the proportion of four to one. It is held to be unreasonable to adopt the proposed expedient for a community which has an overwhelming electoral strength.

The alternative of reserving a considerable number of seats for non-Brahmans in plural member const.i.tuencies did not commend itself to a section of the non-Brahmans, though evidence went to show that such a proposal might be accepted by the Brahmans "if it were the price of an enduring peace." It is suggested that his Majesty's Government might afford the parties to the controversy an opportunity, before the electoral machinery for the Presidency is completed, of agreeing upon some solution--_e.g._, the provision of plural member const.i.tuencies and of a certain proportion of guaranteed non-Brahman seats.

The separate representation of zamindars and landholders granted under the Morley-Minto scheme is extended and provision made for university seats. The election by accredited bodies of representatives of commerce and industry is also continued and amplified. There is to be nomination for the representation of the "depressed cla.s.ses," for in no case was it found possible to provide an electorate on any satisfactory system of franchise. Labour is to be represented by nomination where the industrial conditions seem likely to give rise to labour problems. The majority of the Committee are of opinion that dismissal from Government service should const.i.tute a bar to candidature if it has taken place in circ.u.mstances which, in the opinion of the Governor in Council, involve moral turpitude; but Lord Southborough, Mr. S. N. Bannerjea, and Mr.

Sastri dissent, considering it improper to limit the choice of the electorate by a disqualification based on the decision of an executive authority.

The size of the Provincial Legislatures will vary from 53 in a.s.sam to 125 in Bengal. The eight Councils will comprise 796 members, made up as follows:--

Elected by general const.i.tuencies, 308.

By communities, 185.

By landholders, 35.

By universities, 8.

By commercial, industrial, and planting interests, 45.

The nominated representatives will number 47, and the officials, 128.

THE "ALL-INDIA" BODY

For the Indian Legislative a.s.sembly, the Committee propose 80 elected members, instead of the 68 suggested in the Joint Report. Fourteen representatives appointed by nomination and 26 officials (including seven _ex-officio_ members) will bring up the total, exclusive of the Governor-General, to 120, as compared with 68 at present. A statement of the manifold difficulties in the way of direct election for this All-India body leads to the conclusion that there must be indirect election for all general and communal seats by the members of the Provincial Legislatures. "We trust that, in progress of time, a growing sense of political organization will enable indirect election to be superseded by some direct method."

A scheme for the creation of the "Council of State" on the lines of the Joint Report is set forth, on the basis of election thereto by non-official members of the Provincial Councils. There would be 24 elected and 32 _ex-officio_ or nominated members, exclusive of the Governor-General. The electors should be left free to choose any person qualified to be a member of a Provincial Legislature.

THE DIVISION OF FUNCTIONS

The first duty of Mr. Feetham's Committee was to consider what were the services to be appropriated to the provinces, all others remaining with the Government of India. The Committee proceeded on the basis that there is to be no such statutory demarcation of powers as to leave the validity of Acts pa.s.sed to be challenged in the Courts. In other words, no alteration is proposed in the system under which the All-India Legislature as regards British India, and each of the Provincial Legislatures as regards its own province, have in theory concurrent jurisdiction over the whole legislative field.

In framing the lists the Committee have treated as All-India subjects certain large general heads, such, for instance, as commerce and laws regarding property, but have taken out of these and allotted to the provinces important sections--_e.g._, in the case of the first Excise, and in the case of the second laws regarding land tenure. Any matter included in the provincial list is to be deemed to be excluded from any All-India subject of which otherwise it would form part. Subjects not expressly included in either list are regarded as All-India subjects, but the Governor-General in Council may add to the provincial list "matters of merely local or private interest within the province." It is claimed that the scheme has been devised on such a basis as to leave the way open for the process of development.

The list of subjects to be transferred to Indian Ministers is on the whole more extensive than the suggested list attached to the Joint Report. With certain reservations University education is to be transferred, as well as primary, secondary, and technical, on the ground that the educational system must be regarded as an organic whole. But European and Anglo-Indian education, which is organized on a separate basis is excluded from the transfer.

The decision of the functions of the Provincial Government, popularly known as diarchy, has been criticized as likely to lead to friction, and sometimes to deadlock. To mitigate these difficulties, the Committee propose important changes in the relations of the Governor with both sections of the Government. It is to be the duty of the Governor in Council in the case of reserved departments, and of the Governor and Ministers in the case of transferred departments, to take care that the administration is so conducted as not to prejudice or occasion undue interference with the working of any department falling in the other category. The Governor has to decide whether a particular matter falls within the scope of a reserved or a transferred department, and to take care that any order given by the Governor-General in Council is complied with by the department concerned.

GOVERNOR'S INCREASED POWERS

In the case of disagreement between the Executive Council and Ministers as to action which appears to the Governor to affect both a reserved and a transferred department, the Governor is to give such decision as the interests of good government may seem to require, provided that, in so far as circ.u.mstances admit, before such decision is given the matter should be considered by both sections of the Government sitting together. If the Minister remains obdurate, it will be for the Governor to dismiss and find another Minister.

If, owing to a vacancy, there is no Minister in charge of a transferred department, the Governor will certify that such emergency exists and that immediate action is necessary. On such certificate being given, the Governor in Council will have authority to take action, subject to the obligation of reporting to the Governor-General in Council. In other words there will be re-entry for a temporary and limited purpose during an interregnum. This is a considerable departure from the proposal of the Joint Report that Ministers shall hold office for the lifetime of the Legislative Council. The power of the Governor to dismiss a Minister, says the report, "seems essential if deadlocks are to be avoided." The over-ruling of a minister will depend in the last resort on the Governor's personal judgment of the situation.

FINANCE

The Committee felt themselves precluded from considering any modification of the proposals of the Joint Report for the separation of the finances of the Government of India and of Provincial Governments.

No opinion is expressed on memoranda received at a late stage from Sir James Meston making proposals for substantial departure from the plan of dealing with provincial finance set forth in the Joint Report.

It may be recalled that Mr. Montagu and Lord Chelmsford proposed that, if the residue of the provincial revenues is not sufficient, it should be open to Ministers to suggest fresh taxation. The Committee take the view that when any new provincial tax or any proposed addition to an existing tax requires legislation to give effect to it, the decision whether that legislation should be undertaken must rest with the Governor and Ministers. Since the whole balance of the revenues of the province will be at the disposal of the Ministers for the administration of the transferred departments, the Committee consider that when an existing tax cannot be reduced or remitted without legislation, the decision whether legislation should be undertaken must also rest with the Governor and Ministers. To that extent taxation for provincial purposes should be regarded as a transferred subject.

The a.s.sessment or collection of the tax would be reserved or transferred, according as the agency employed belonged to a reserved or to a transferred department. The view is also taken that, when alterations in taxation can be effected without any change in the law, the decision whether any alteration should in fact be made must be recognized as resting with the Governor in Council if the department is reserved, and with the Governor and Ministers if it is transferred.

In respect to the powers of borrowing on the sole credit of provincial revenues which are to be conferred, the Committee propose that, if after joint deliberation there is a difference of opinion between the Executive Council and the Ministers, the final decision whether a loan should be raised and as to the amount of the loan must rest with the Governor.

THE PUBLIC SERVICES

Detailed proposals are made in relation to the public services, to be cla.s.sified as Indian (All-India), provincial and subordinate, No service is to be included in the first of these categories without the sanction of the Secretary of State, while the demarcation between the provincial and subordinate services is to be left to the provincial Governments.

General approval is given to a scheme prepared by the Government of India providing that legislation should be undertaken in Parliament to declare the tenure and provide for the cla.s.sification of the public service. It should secure the pensions of the All-India services, and should empower the Secretary of State to make rules for their conduct and rights and liabilities, and to fix their pay and regulate their allowances. Similar legislation should be pa.s.sed by the Government of India in respect to the provincial services, and to empower the provincial Governments to make rules for the subordinate services. The Committee does not express any opinion on the proposal of the Government of India to set up a statutory Public Service Commission on lines somewhat wider than those of the Civil Commission in Great Britain.

Among the clauses suggested for insertion in the instructions for each provincial Governor is one enjoining him to "protect all members of the public services in the legitimate exercise of their functions and enjoyment of all recognized rights and privileges."

The instructions are to charge him with the duty of safeguarding the legitimate interests of the Anglo-Indian or domiciled community, and "to take care that no change in educational policy, affecting adversely Government a.s.sistance afforded to existing inst.i.tutions maintained or controlled by religious bodies, is adopted without due consideration."

The Governor is also to be instructed that he "shall not sanction the grant of monopolies or special privileges to private undertakings which are inconsistent with the public interest, nor shall he permit any unfair discrimination in matters affecting commercial or industrial interests."