CHAPTER XIII.

CONSTITUTIONAL REFORMS.

When Lord Minto closed at the end of March the first Session of the

Imperial Council, as the Viceroy's Legislative Council, enlarged under

the Indian Councils Act of 1909, is now officially designated, in

contradistinction to the enlarged Provincial Councils of Provincial

Governments, his Excellency very properly described it as "a memorable

Session." It was, indeed, far more than that. Even to the outward eye

the old Council Chamber at Government House presented a very significant

spectacle, to which the portrait of Warren Hastings over the Viceregal

Chair always seemed to add a strange note of admiration. The round table

at which the members of the Viceroy's Legislative Council used to

gather, with far less of formality, had disappeared, and the 59 members

of the enlarged Council had their appointed seats disposed in a double

hemicycle facing the Chair. They sat for the most part according to

provinces, and the features as well as, in some cases, the dresses, of

the Indian members showed at a glance how representative this new

Council really was.

The tall burly frame of the Kuvar Sahib of Patiala was only more

conspicuous than that of the Maharajah of Burdawan because the former

wore the many-folded turban and brocaded dress of his Sikh ancestry,

whereas the latter, like most Bengalees of the upper classes, has

adopted the much more commonplace broadcloth of the West. The bold,

hawk-like features of Malik Umar Hyat Khan of Tiwana in the Punjab were

as characteristic of the fighting Pathan from the North as were the

Rajah of Mahmudabad's more delicate features of the Mahomedan

aristocracy of the erstwhile kingdom of Oudh. The white _swadeshi_

garments affected by Pandit Madan Mohan Malaviya, from the United

Provinces--who opened the last meeting of the Indian National Congress

at Lahore with a presidential address which lasted for two hours and a

quarter, and wound up with an apology for its brevity on the ground that

he had had no time to prepare it--testified, at any rate more loudly, to

the sternness of his patriotic convictions than the equally _swadeshi_

homespun, cut at least in European fashion, of another "advanced"

politician, Mr. Bhupendranath Bose, of Bengal. More worthy of attention

was the keen, refined, and intellectual face of Mr. G.K. Gokhale, the

Deccanee Brahman with the Mahratta cap, who, by education, belongs to

the West quite as much as to the East, and, by birth, to the ruling

caste of the last dominant race before the advent of the British _Raj_.

The red fez worn by the majority of Mahomedan members showed that their

community had certainly not failed in this instance to secure the

generous measure of representation which Lord Minto spontaneously

promised to them three years ago at Simla. The peculiar glazed black

headdress of the Parsee and the silk kerchief of the Burman in turn

indicated the racial catholicity of the assembly in which Sir Sassoon

David, of Bombay, worthily represents, by his authority as a financier,

the small Jewish community of India.

Nor were the different interests and classes, with two important

exceptions, less adequately represented than the different races and

creeds. Besides the great territorial magnates, of whom I have already

mentioned two or three by name, there were not a few other well-known

representatives of the landed interests which, in a country like India

where agriculture is still the greatest of all national industries, have

a special claim to respectful hearing, even though they have hitherto

for the most part held aloof from the fashionable methods of political

agitation. There was indeed a good deal of disappointment among the

urban professional classes, in whose eyes a Western education--or rather

education on what are, often quite erroneously, conceived to be Western

lines--should apparently constitute the one indispensable qualification

for public life. But they too had secured no inconsiderable number of

seats, and if the voice of the Indian National Congress did not

predominate it had certainly not been reduced to silence.

Doubts were freely expressed among Englishmen before the meetings of the

new Councils as to the competence of the Anglo-Indian officials for the

novel duties allotted to them in these assemblies. It was argued, not

unreasonably, that men who had never been trained or accustomed to take

part in public discussions might find themselves at a disadvantage in

controversial encounters with the quick-witted Hindu politician. It is

generally admitted now that the first Session at any rate of the

Imperial Council by no means justified any such apprehensions. Not a few

official members, it is true, were inclined at first to rely exclusively

upon their written notes, and there was indeed, from beginning to end,

but little room for the rapid thrust and skilled parry of debate to

which we are accustomed at Westminster. Most of the Indian members

themselves had carefully prepared their speeches beforehand, and read

them out from typed or even printed drafts before them. In many cases

the speeches had been communicated two or three days ahead to the Press,

and sometimes a speech was printed and commented upon in the favoured

organ of some honourable member, though he had ultimately changed his

mind and preserved silence, without, however, informing the editor of

the fact. In other cases a speech was published without the

interruptions and calls to order which had compelled the orator to drop

out some of his most cherished periods. As it was the custom for Indian

members to communicate also to the departments immediately concerned the

gist of the remarks which they proposed to make, the official members

were tempted at first to frame their replies on similar lines and to

read out elaborate statements bristling with figures, which would have

been much more suitable for circulation as printed minutes. But

gradually many of them took courage and showed that they could speak

easily and simply, and quite as effectively as most of the Indian

members.

Indeed, one of the best speeches of this kind was that delivered on the

last day but one of the Session by Mr. P.C. Lyon, a nominated member for

Eastern Bengals, in reply to the fervid oration of Mr. Bupendranath Bose

on the threadbare topic of Partition. On this, as on other occasions,

the florid style of eloquence cultivated by the leaders of the Indian

National Congress fell distinctly flat in the calmer atmosphere of the

Council-room, as indeed Mr. Gokhale warned some of his friends it was

bound to do. During the last two days discussion was allowed somewhat

needlessly under the new rules, to roam at large over all manner of

irrelevant subjects, but on this occasion it served at least one useful

purpose. If it were not that the Bengalee politician has no other

grievance to substitute for it, the question of the Partition of Bengal

should, one would think, have received its _quietus_, for two excellent

speeches, delivered with much simple force by Maulvi Syed Shams ul Huda,

Mahomedan member for Eastern Bengal, and by Mr. Mazhar-ul-Haq, another

Mahomedan who sits for Bengal, completed the discomfiture which poor Mr.

Bose had already experienced at Mr. Lyon's hands.

Needless to say that amongst the Indian members it was the politician,

and especially the more "advanced" politician, who figured most

prominently in the discussions. The more conservative Indians were

usually content to listen, with more or less visible signs of weariness,

to the facile and sometimes painfully long-winded eloquence of their

colleagues. When they did intervene, however, their speeches were

usually short and none the less effective. In most of the divisions that

were taken they supported the Government, and in no single instance was

the Government majority hard pressed. The minority in support of any

resolution resisted by Government never reached 20, and generally

fluctuated somewhere between 16 and 20. The only resolution which would

have certainly combined all the native members in support of it was Mr.

Gokhale's resolution with regard to the position of British Indians in

South Africa, but, as it was accepted by Government, it was passed _nem.

con._ without a division.

That in these circumstances the official members who are at the same

time heads of the most important administrative and executive

departments should be kept in constant attendance during debates in

which many of them, are not in any way directly concerned, and that they

should thus be detained in Calcutta at a season when their presence

would be far more useful elsewhere, constitutes one of the most serious

of the many practical drawbacks of the new system for which a remedy

will have to be found. It is as if not only the Parliamentary

representatives but the permanent officials of our own great public

departments were expected to sit through the debates in the House of

Commons, without even the facilities which the private rooms of

Ministers, the library, and the smoking rooms at Westminster afford for

quiet intervals of work between the division bells. Nor is that all. The

Council sat during the very months of the short "cold weather," when it

is customary and alone practicable for heads of departments to undertake

their annual tours of inspection. The _reductio ad absurdum_ is surely

reached in the case of the Commander-in-Chief and the Chief of the

Staff. Though the Imperial Council is itself debarred from dealing with

Army questions, they could be seen any day sitting through the debates

merely because their votes might conceivably be required to maintain the

official majority, and, except for one or two short excursions in the

intervals between the meetings of Council, they were tied to Calcutta

when they ought to have been travelling about the country and inspecting

the troops. Yet, it is generally admitted that at no period since the

Mutiny has it been more important for the Commander-in-Chief to maintain

the closest possible contact with the native army--especially when the

Commander-in-Chief is as popular with the Indian soldier as Sir O'Moore

Creagh.

Another obvious drawback of the present arrangements is the

inconvenience to which members of Council from the provinces were

subjected by the irregular intervals at which the Council held its

actual sittings. Either they had to waste their time at Calcutta during

the intervals, to the detriment of their interests at home, or they had

to spend days in railway carriages rushing backwards and forwards from

their homes to the capital, for in a country of such magnificent

distances there are few journeys that take less than 24 hours, and from

Calcutta, for instance, either to Madras or to Bombay takes the best

part of 48 hours. Unless arrangements are remodelled so as to enable the

Council to transact its business, whether _in pleno_ or in committee,

either in one session or in two short sessions, but in any case

continuously, many of its most valuable members, who have important

business, of their own which they cannot afford to neglect, will cease

to attend, and the Council will not only lose much of the representative

character, which is one of its best features at present, but will fall

inevitably under the preponderating influence of the professional

politician. In his closing speech Lord Minto outlined a scheme which

would in some measure meet this difficulty, but it is doubtful whether

it will prove by any means adequate. Another point which requires

consideration is whether it is desirable for the Viceroy to preside

himself over the deliberations of the Council. Even if he could properly

afford the time for it, it seems hardly expedient that the immediate

representative of the King-Emperor should be drawn into the arena of

public controversies. Proceedings are bound to grow more and more

contentious, and delicate questions of procedure will arise and have to

be settled from the chair. These are all matters in which the Viceroy

should not be committed to the premature exercise, on the spur of the

moment, of his supreme authority.

One of the chief purposes which the creation of the new Councils is

intended to achieve is that of enlightening Indian opinion throughout

the country by means of the enlarged opportunities given for the

discussion of public affairs. But that purpose will be defeated unless

the discussions receive adequate publicity. They certainly did not do so

this winter. Not only is the art of gallery reporting still in its

infancy, but many of the Indian newspapers have still to learn that "it

is not cricket" to report only the speeches of their political friends

and to omit or compress into a few lines the speeches of their

adversaries. A glaring instance of this shortcoming was afforded by the

_Bengalee_. The Nationalist organ published Mr. Bupendra Nath Bose's

speech on the partition of Bengal _in extenso_, as he had intended to

deliver it, without taking the slightest notice of the fact that he was

repeatedly called to order by the Viceroy and had in consequence to drop

out whole passages of his oration, and it published practically nothing

else--though perhaps no other indictment of the Government during the

whole session was more successfully refuted, both by the official

spokesman, Mr. Lyon, and by other Indian members. Apart, however, from

any such deliberate unfairness, the communication of speeches in advance

to the Press should be strenuously discountenanced. Many official

members showed that they could perfectly well dispense with the

doubtful advantage of knowing beforehand exactly what their critics were

going to say, and, if once this practice is stopped, newspapers,

relieved from the temptation of giving undue preference to easy "copy,"

will learn to cultivate and to rely upon more legitimate methods of

reporting. It is to be hoped also that the _Gazette of India_, which

publishes the official verbatim reports, will not in future lag so far

behind the actual proceedings.

All these are minor points. The dominant feature of the Session was that

in spite of wide divergences of views, the proceedings were generally

dignified, sometimes even to the verge of dulness, and with one or two

exceptions they were marked by good feeling on all sides. It would be

unfair not to give to Mr. Gokhale his full share of credit for this

happy result. Though often an unrelenting critic of the Administration,

he struck from the first a note of studied moderation and restraint to

which most of his political friends attuned their utterances. He

naturally assumed the functions of the leader of his Majesty's

Opposition, and he discharged them, not only with the ability which

every one expected of him, but with the urbanity and self-restraint of a

man conscious of his responsibilities as well as of his powers. His was,

amongst the Indian members, not only the master mind, but the dominant

personality. The European members, on the other hand, showed themselves

invariably courteous and good-tempered, and not a few awkward corners

were turned by a little good-humoured banter. Nor was it unusual to see

the Englishman come and sit down by the side of the Indian member to

whose indictment he had just been replying, and in friendly conversation

take all personal sting out of the controversy. As Lord Minto aptly put

it, the Council-room "has brought people together. Official and

non-official members have met each other. The official wall which of

necessity to some extent separated them has been broken down. They have

talked over many things together." From this point of view, if future

sessions fulfil the promise of the first one, the Imperial Council may

grow into a potent instrument for good.

Of the deeper significance which underlay the meeting of this remarkable

assembly it is still perhaps premature to speak. But cautious and

tentative as was the attitude of all parties concerned, and free as,

from beginning to end, the proceedings were from any startling

incidents, no one can have watched them without being conscious of the

presence of new forces of vast potentiality which must tend to modify

very profoundly the relations between the governors and the governed in

India itself, and possibly even between India and the Mother Country.

They are the forces, largely still unknown, which have been brought into

play by Lord Morley's Constitutional reforms, and though they made

themselves naturally more conspicuously felt in the Imperial Council at

Calcutta, they were present in every one of the enlarged Legislative

Councils of the Provincial Governments.

It is no part of my purpose to recount in detail the long, though

generally dispassionate, controversy to which these reforms gave rise.

We may not all be agreed as to the necessity or wisdom of some of the

changes embodied in them, and some may think that we are inclined to

travel too fast and too far on a road which Indians have not up to the

present shown themselves qualified to tread without danger. But there

are few Englishmen either at home or in India who do not recognize the

statesmanlike spirit in which Lord Morley, loyally seconded throughout

by Lord Minto, has approached the very difficult problem of giving to

the people of India a larger consultative voice in administration as

well as in legislation without jeopardizing the stability or impairing

the supremacy of British control. The future alone can show how far

these far-reaching changes will justify the generous expectations of

their author, but taken as a whole they undoubtedly represent a

constructive work which is fully worthy of the fine record of British

rule in India.

How very far-reaching they are the merest indication of their most

salient features will suffice to indicate. For the sake of convenience,

though they form a homogeneous whole, they may be divided roughly into

two categories--those that affect the Executive Councils and those that

have remodelled the Legislative Councils. To the former category

belong:--

(1) The appointment of an Indian member to the Viceroy's Executive

Council. Mr. S.P. Sinha, a Bengalee barrister in large practice, was

appointed to be legal member, and the ability and distinction with which

he discharged the duties of his high office have gone far to remove the

misgivings of many of those who were at first opposed to this new

departure. It is the more to be regretted that his services will be lost

to the new Viceroy, as he has announced his intention of retiring, for

personal reasons, at the end of Lord Minto's Viceroyalty[15].

(2) The appointment of one Indian member to the Executive Councils of

the Governors of Madras and Bombay. The Rajah of Bobbili has been

appointed in Madras and Mr. M.B. Chaubal in Bombay. An Indian will also

be appointed to the Executive Council of the Lieutenant-Governor of

Bengal as soon as that body has been finally constituted[16], and

similar appointments will be made to the Executive Councils of the chief

Indian provinces when the powers taken to create those bodies shall be

put into operation.

(3) The appointment of two Indians, one a Hindu and the other a

Mahomedan, to be members of the Council of the Secretary of State,

generally known as the India Council, in Whitehall. Mr. K.G. Gupta and

Mr. Husain Bilgrami were appointed by Lord Morley in 1907. Mr. Bilgrami

retired early in 1910 owing to ill-health and his place has been taken

by Mr. M.A. Ali Baig.

In principle, the introduction of natives of India into these inner

lines of the British Executive power undoubtedly constitutes, as Lord

Lansdowne has said, a "tremendous innovation," but it may be doubted

whether in practice the consequences will be as considerable as those of

the changes effected by the India Councils Act of 1909 in the

composition and attributions of the Imperial and Provincial Legislative

Councils. These changes are of a twofold character. In the first place

the total number of members has been very materially increased--e.g.,

in the Imperial Legislative Council from 21 to a _maximum_ of 60; in the

Madras and Bombay Legislative Councils from 24 to a _maximum_ of 50; in

the Bengal Legislative Council from 20 to 50, &c. Room has thus been

made for the introduction of a much larger number of elected members, of

whom there will be in future not less than 135 altogether in the

different Legislative Councils, as against only 39 under the old

statutes. Still more important than the mere increase in the number of

elected members is the radical change in the proportion they will bear

to official members. Except in the Imperial Council, where, at the

instance of Lord Morley, a small official majority has been retained

which Lord Minto himself was willing to dispense with, there will no

longer be any official majority. The regulations determining the

electorates and the mode of election have been framed with praiseworthy

elasticity in accordance with local requirements, and care has been

taken to provide as far as possible for an adequate representation of

all the most important communities and interests. In view of the

manifold and profound lines of cleavage which exist in Indian society,

it is extremely improbable that all the elected members will ever

combine against the official minority except in such rare and improbable

cases as might produce an absolute consensus of Indian opinion, and in

such cases it is even more improbable that Government would ignore so

striking a manifestation. Nevertheless, as a safeguard against the

possibility of factious opposition, the right of veto has been reserved

to the Provincial Executives and in the last resort to the

Governor-General in Council.

Thus the Indian Councils Act of 1909 cannot be said to have actually

modified the position of the Indian Legislatures. With regard to the

most important of them--viz., the Imperial Council--Lord Morley was

careful to make this perfectly clear in his despatch of November 27,

1908, in which he reviewed the proposals put forward in the Government

of India despatch of October 1. "It is an essential condition of the

reform policy," the Secretary of State wrote, "that the Imperial

supremacy should in no degree be compromised. I must therefore regard it

as essential that your Excellency's Council, in its legislative as well

as in its executive character, should continue to be so constituted as

to ensure its constant and uninterrupted power to fulfil the

constitutional obligation that it owes, and must always owe, to his

Majesty's Government and to the Imperial Parliament." The Indian

Executive therefore remains, as hitherto, responsible only to the

Imperial Government at home, and the Imperial Council can exercise over

it no directly controlling power. The same holds good, _mutatis

mutandis_, of the Provincial Executives and their Councils.

Indirectly, however, the Indian Councils Act of 1909 materially modifies

the relations between the Legislative Councils and the Executive by

giving to elected and non-official members opportunities which they have

never enjoyed before of discussing public policy and making their voices

heard and their influence felt on both administrative and legislative

matters. The revised rules of procedure, under which supplementary

questions may be grafted on to interpellations, and resolutions can be

moved not only in connexion with the financial statements of Government,

but, with certain specified reservations, on most matters of general

public interest, are undoubtedly calculated to afford a vastly larger

scope than in the past to the activities of Indian Legislatures, and it

will depend very much upon the ability and resourcefulness of members

themselves to what extent they may utilize these facilities for the

purpose of ultimately creating real powers of control. In an extremely

interesting and dispassionate study of the Indian Constitution, and of

the effects which the new reforms may have upon it, Mr. Rangaswami

Iyengar, a Hindu journalist of Madras, comes to the conclusion that "if

the powers now entrusted to the Councils are used with care, wisdom, and

discrimination, precedents and procedure analogous to those of the House

of Commons might gradually grow up, and might serve as a useful means if

not of directly controlling the Executive--a power which under the

present constitutional arrangement of the Government of India it is

impossible that the Council should possess--at least of directing the

Executive into correct and proper channels in regard to administrative

policy and administrative action." Not the least important of the

changes are those made in regard to Budget procedure. Indian

Legislatures will no more than in the past have power to vote or to veto

the Budget, but they will have henceforth an opportunity of setting

forth their views before the Budget has assumed its final shape. Members

will be able to discuss beforehand any changes in taxation, as well as

any new loans or additional grants to local governments, and they will

be taken into the confidence of Government with regard to the

determination of public expenditure. No doubt important heads of revenue

are still excluded from the purview of the Councils, but members will

have the right of placing on record their views in the form of

resolutions on all items not specifically excluded from their

cognisance, and the Finance Member will be bound to explain the reasons

why Government declines to accept any resolution that may have been

passed in the first two stages of the Budget. Much will depend upon the

reasonable and practical use which members make of these novel

opportunities, for, to quote Mr. Iyengar again, "the progress of

constitutional government is not dependent so much upon what is

expressly declared to be constitutional rights as upon what is silently

built up in the form of constitutional conventions."

In the great speech in which Lord Morley gave the House of Lords the

first outline of his Indian reforms scheme there was one singularly

pregnant passage. "We at any rate," he said, "have no choice or option.

As an illustrious member of this House once said, we are watching a

great and stupendous process, the reconstruction of a decomposed

society. What we found was described as a parallel to Europe in the

fifth century, and we have now, as it were, before us in that vast

congeries of people we call India, a long, slow march in uneven stages

through all the centuries from the fifth to the twentieth. Stupendous

indeed, and to guide that transition with sympathy, political wisdom,

and courage, with a sense of humanity, duty, and national honour, may

well be called a glorious mission." Whether we succeed in that mission

must depend largely upon the loyal assistance we receive from those

Indians who claim, in virtue of their superior education, to represent

this twentieth century. Lord Morley has fulfilled in no niggardly spirit

his pledge to associate the people of India with the Government far more

closely than has hitherto been the case in the work of actual day-to-day

administration as well as in the more complex problems of legislation.

It rests now with the Indian representatives both in the Executive and

Legislative Councils to justify Lord Morley's expectations by using the

new machinery which he has placed in their hands not for purposes of

mere destructive criticism and malevolent obstruction, but for

intelligent and constructive co-operation with the British rulers of

India, to whom alone, whatever may be their shortcomings, India owes it

that the spirit of the twentieth century has spread to her shores.

Indian Unrest · 第 13 / 28 章