CHAPTER XXVI.

THE GOVERNMENT OF INDIA.

In the very able speech in which, on July 27, Mr. Montagu, the new

Under-Secretary of State for India, introduced the Indian Budget in the

House of Commons, one passage referred to the relations between the

Secretary of State and the Viceroy in terms which have deservedly

attracted very great attention[23]. Differences of opinion, sometimes of

an acute character, have at intervals occurred between Secretaries of

State and Viceroys as to their relative attributions. Mr. Montagu's

language, however, would seem to constitute an assertion of the powers

of the Secretary of State far in excess not only of past practice but of

any reasonable interpretation of legislative enactments on the subject.

After congratulating Lord Minto on the completion of, a "difficult

reign," Mr. Montagu said:--

The relations of a Viceroy to the Secretary of State are

intimate and responsible. The Act of Parliament says

"That the Secretary of State in Council shall superintend,

direct, and control all acts, operations, and concerns which in

any way relate to or concern the government or revenues of

India, and all grants of salaries, gratuities, and allowances,

and all other payments and charges whatever out of or on

the revenues of India." It will be seen how wide, how far

reaching, and how complete these powers are. Lord Morley

and his Council, working through the agency of Lord Minto,

have accomplished much.... I believe that men of

all parties will be grateful that Lord Morley remains to carry

out the policy he has initiated.

It is to be regretted in the first place that Mr. Montagu should not

have been more careful to make his quotation accurate. For, as quoted by

him, the Act would make it obligatory upon the Secretary of State to

supervise practically every act of the Government of India, whereas the

powers of the Secretary of State, who has succeeded to the powers of the

old Board of Control of the East India Company, are discretionary

powers. The statute from which the Secretary of State actually derives

his powers is the Government of India Act, 1858, which under section 3

declares that the Secretary of State "shall have and perform all such or

the like powers and duties in any wise relating to the government or

revenues of India and all such or the like powers over all officers

appointed or continued under this Act as might or should have been

exercised or performed" by the Company and Board of Control, and those

powers and duties are defined in the following terms in the Act of 1833

(3 and 4 William IV., c. 85, sec. 25), which Mr. Montagu would seem to

have had in his mind, though he quoted it imperfectly: "The said Board

[of Control] shall have and be invested with full power and authority to

superintend, direct, and control all acts, operations, and concerns,

&c." The difference, as has been very properly pointed out in the

_Manchester Guardian_, no unfriendly critic of the present

Administration, is "between exercising control and the power to exercise

control, between 'shall' and 'may.' If these words of the Act were to be

abbreviated, the right abbreviation would have been 'may.' This is the

word used by Sir Courtenay Ilbert in his summary of the Secretary of

State's powers (The Government of India, p. 145);--'... the Secretary

of State may, subject to the provisions embodied in this digest,

superintend, direct, and control all acts, operations, and concerns,

&c.' This difference between 'shall' and 'may' is, of course, vital.

'Shall' implies that the Secretary of State is standing over the Viceroy

in everything he does; 'may' simply reserves to him the right of control

where he disapproves. 'Shall' imparts an agency of an inferior order;

'may' safeguards the rights of the Crown and Parliament without

impairing the dignity of the Viceregal office."

Of greater importance, however, is the construction which Mr. Montagu

places on these statutes. There are three fundamental objections to the

doctrine of "agency" which he propounds in regard to the functions of

the Viceroy. In the first place, it ignores one of the most important

features of his office--one, indeed, to which supreme importance

attaches in a country such as India, where the sentiment of reverence

for the Sovereign is rooted in the most ancient traditions of all races

and creeds. The Viceroy is the direct and personal representative of the

King-Emperor, and in that capacity, at any rate, it would certainly be

improper to describe him as the "agent" of the Secretary of State. From

this point of view, any attempt to lower his office would tend

dangerously to weaken the prestige of the Crown, which, to put it on the

lowest grounds, is one of the greatest assets of the British _Raj_. In

the second place, Mr. Montagu ignores equally another distinctive

feature of the Viceroy's office, especially important in regard to his

relations with the Secretary of State--namely, that, in his executive as

well as in his legislative capacity, the Viceroy is not a mere

individual, but the Governor-General in Council. Mr. Montagu omitted to

quote the important section of the Act of 1833, confirmed in subsequent

enactments, which declared that:--

The superintendence, direction, and control of the whole

civil and military government of all the said territories and

revenues in India shall be and is hereby vested in a Governor-General

and Councillors to be styled "the Governor-General

of India in Council."

The only title recognized by statute to the Viceroy is that of

Governor-General in Council, and how material is this conjunction of the

Governor-General with his Council is shown by the exceptional character

of the circumstances in which power is given to the Governor-General to

act on his own responsibility alone, and by the extreme rareness of the

cases in which a Governor-General has exercised that power.

Thus, on the one hand, Mr. Montagu forgets the Crown when he talks of

the Secretary of State acting through the agency of the Viceroy; and, on

the other hand, he forgets the Governor-General in Council when he talks

of the relations between the Viceroy and the Secretary of State--whose

proper designation, moreover, is Secretary of State in Council, for,

like the Governor-General, the Secretary of State has a Council

intimately associated with him by statute in the discharge of his

constitutional functions. Though the cases in which the Secretary of

State cannot act without the concurrence of the Council of India, who

sit with him at the India Office, are limited to matters involving the

grant or appropriation of revenues, and in other matters he is not

absolutely bound to consult them and still less to accept their

recommendations, the Act of Parliament quoted by Mr. Montagu clearly

implies that, in the exercise of all the functions which it assigns to

him, he is expected to act generally in consultation and in concert with

his Council, since those functions are assigned to him specifically as

Secretary of State in Council.

Now, as to the nature of the relations between the Governor-General in

Council and the Secretary of State in Council as above defined by

statute. The ultimate responsibility for Indian government, as Mr.

Montagu intimated, rests unquestionably with the Imperial Government

represented by the Secretary of State for India, and therefore, in the

last resort, with the people of the United Kingdom represented by

Parliament. The question is, What is in theory and practice the proper

mode of discharging this, "ultimate responsibility" for Indian

government? It is not a question which can be authoritatively answered,

but, if we may infer an answer from the spirit of legislative enactments

and from the usage that has hitherto prevailed, it may still be summed

up in the same language in which John Stuart Mill described the function

of the Home Government in the days of the old East India Company--"The

principal function of the Home Government is not to direct the details

of administration, but to scrutinize and revise the past acts of the

Indian Governments; to lay down principles and to issue general

instructions for their future guidance, and to give or refuse sanction

to great political measures which are referred home for approval." This

seems undoubtedly to be the view of the relations, inherited from the

East India Company, between the Secretary of State and the Government of

India which has been accepted and acted upon on both sides until

recently. Nor is any other view compatible with the Charter Act of 1833,

or with the Government of India Act of 1858, which, in all matters

pertinent to this issue, was based upon, and confirmed the principles of

the earlier statute. The Secretary of State exercises general guidance

and control, but, as Mill laid it down no less forcibly, "the Executive

Government of India is and must be seated in India itself." Such

relations are clearly very different from those of principal and agent

which Mr. Montagu would apparently wish to substitute for them.

Besides the special emphasis he laid on his definition of the relations

between the Viceroy and the Secretary of State, other reasons have led

to the belief that the Under-Secretary, who spoke with a full sense of

his responsibility as the representative of the Secretary of State, was

giving calculated expression to the views of his chief. I am not going

to anticipate the duties of the historian, whose business it will be to

establish the share of initiative and responsibility that belong to Lord

Morley and Lord Minto respectively in regard to the Indian policy of

the last five years. Whilst something more than an impression generally

prevails both at home and in India that Mr. Montagu's definition does in

fact very largely apply to the relations between the present Viceroy and

the Secretary of State, and that every measure carried out in India has

originated in Whitehall, it is only fair to bear in mind that Lord

Morley has never himself put forward any such claim, nor has Lord Minto

ever admitted it. The Viceroy, on the contrary, has been at pains to

emphasize on several occasions his share, and indeed to claim for

himself the initiative, of all the principal measures carried out during

his tenure of office, and especially of the new scheme of Indian

reforms, of which the paternity is ascribed by most people to Lord

Morley.

The Secretary of State's great personality may partly account for the

belief that he has entirely overshadowed the Viceroy, all the more in

that he has certainly overshadowed the Council of India as never before.

But if Lord Minto has reason to complain, of the prevalence of this

belief, he cannot be unaware that he too has helped to build it up by

neglecting to associate his own Council with himself as closely as even

his most masterful predecessors had hitherto been careful to do.

Lord Minto's position has no doubt been one of very peculiar difficulty,

and no one will grudge him the warm tribute paid to him by Mr. Montagu.

Whatever the merits of the great controversy between Lord Curzon and

Lord Kitchener, the overruling of the Government of India by the Home

Government on a question of such magnitude and the circumstances in

which Lord Curzon was compelled to resign had dealt a very heavy blow to

the authority and prestige of the Viceregal office in India. Within a

few weeks of Lord Minto's arrival in India the Unionist Government who

had appointed him fell, and a Liberal Government came into power who

could not be expected to display any special consideration for their

predecessors nominee unless he showed himself to be in sympathy with

their policy. Lord Minto's friends can therefore very reasonably argue

that his chief anxiety was, quite legitimately, to avoid any kind of

friction with the new Secretary of State which might have led to the

supersession of another Viceroy so soon after the unfortunate crisis

that had ended in Lord Curzon's resignation. If this was the object that

Lord Minto had in view, his attitude has certainly been most successful,

for Lord Morley has repeatedly testified to the loyalty and cordiality

with which the Viceroy has constantly co-operated with him. That the

Secretary of State and the Viceroy have, nevertheless, not always seen

eye to eye with regard to the interference of the India Office in the

details of Indian administration appears clearly from a telegram read

out by Lord Morley himself in the House of Lords on February 23, 1909.

In the course of this telegram, which acknowledged in the most generous

terms the strong support of the Secretary of State in all dealings with

sedition, the Viceroy made the following curious admission:--"The

question of the control of Indian administration by the Secretary of

State, mixed up as it is with the old difficulties of centralization, we

may very possibly look at from different points of view." The curtain

fell upon this restrained attempt to assert what Lord Minto evidently

regarded eighteen months ago as his legitimate position, and to the

public eye it has not been raised again since then. But in India

certainly the fear is often expressed in responsible quarters that,

notwithstanding the courageous support which Lord Morley has given to

legislative measures for dealing with the worst forms of seditious

agitation, their effect has been occasionally weakened by that

interference from home in the details of Indian administration of which

Lord Minto's telegram contains the only admission known to the public.

It is difficult to believe that Lord Minto's position would not have

been stronger had he not allowed the Governor-General in Council to

suffer such frequent eclipses. The Governor-General's Council during

Lord Minto's tenure of office may have been exceptionally weak, and

there will always be a serious element of weakness in it so long as

membership of Council is not recognized to be the crowning stage of an

Indian career. So long as it is, as at present too frequently happens,

merely a stepping-stone to a Lieutenant-Governorship, it is idle to

expect that the hope of advancement will not sometimes act as a

restraint upon the independence and sense of individual responsibility

which a seat in Council demands. In any case, the effacement of Council

during the last few years behind the Viceroy has not been calculated to

dispel the widespread impression that, both in Calcutta and in

Whitehall, there has been a tendency to substitute for the

constitutional relations between the Governor-General in Council and the

Secretary of State in Council more informal and personal relations

between Lord Minto and Lord Morley, which, however excellent, are

difficult to reconcile with the principles essential to the maintenance

of a strong Government of India. Private letters and private telegrams

are very useful helps to a mutual understanding, but they cannot safely

supplant, or encroach upon, the more formal and regular methods of

communication, officially recorded for future reference, in consultation

and concert with the Councils on either side, as by statute established.

There is a twofold danger in any eclipse, even partial, of the

Governor-General in Council. One of the remarks I have heard most

frequently all over India, and from Indians as well as from Englishmen,

is that "there is no longer any Government of India"; and it is a remark

which, however exaggerated in form, contains a certain element of truth.

To whatever extent the Viceroy, in his relations with Whitehall,

detaches himself from his Council, to that extent the centre of

executive stability is displaced and the door is opened to that constant

interference from home in the details of Indian administration which is

all the more to be deprecated if there appear to be any suspicion of

party pressure. Lord Morley has so often and so courageously stood up

for sound principles of Indian government against the fierce attacks of

the extreme wing of his party, and he has shown, on the whole, so much

moderation and insight in his larger schemes of constructive

statesmanship, whilst Lord Minto has won for himself so much personal

regard during a very difficult period, that criticism may appear

invidious. But the tone adopted, especially during the first years of

Lord Morley's administration, in official replies to insidious

Parliamentary questions aimed at Indian administrators, the alacrity

with which they were transmitted from the India Office to Calcutta, the

acquiescence with which they were received there, and the capital made

out of them by political agitators when they were spread broadcast over

India contributed largely to undermine the principle of authority upon

which, as Lord Morley has himself admitted, Indian government must rest.

For the impression was thus created in India that there was no detail of

Indian administration upon which an appeal might not be successfully

made through Parliament to the Secretary of State over the head of the

Government of India. Now if, as Lord Morley has also admitted,

Parliamentary government is inconceivable in India, it is equally

inconceivable that Indian government can be carried on under a running

fire of malevolent or ignorant criticism from a Parliament 6,000 miles

away. That is certainly not the sort of Parliamentary control

contemplated in the legislative enactments which guarantee the "ultimate

responsibility" of the Secretary of State.

At the same time the effacement of the Viceroy's Executive Council has

weakened that collective authority of the Government of India without

which its voice must fail to carry full weight in Whitehall. Every

experienced Anglo-Indian administrator, for instance, had been quick to

realize what were bound to be the consequences of the unbridled licence

of the extremist Press and of an openly seditious propaganda. Yet the

Government of India under Lord Minto lacked the cohesion necessary to

secure the sanction of the Secretary of State to adequate legislative

action, repugnant to party traditions at home, until we had already

begun to reap the bloody harvest of an exaggerated tolerance, and with

the Viceroy himself the views of the ruling chiefs seem to have carried

greater weight in urging action on the Secretary of State than the

opinions recorded at a much earlier date by men entitled to his

confidence and entrusted under his orders with the administration of

British India.

Even if one could always be certain of having men of transcendent

ability at the India Office and at Government House in Calcutta, it is

impossible that they should safely dispense with the permanent

corrective to their personal judgment and temperament--not to speak of

outside pressure--which their respective Councils have been created by

law to supply. Let us take first of all the case of the Viceroy. His

position as the head of the Government of India may be likened to that

of the Prime Minister at home, and the position of the Viceroy's

Executive Council to that of the Ministers who, as heads of the

principal executive Departments, form the Cabinet over which the Prime

Minister presides. But no head of the Executive at home stands so much

in need of capable and experienced advisers as the Viceroy, who

generally goes out to India without any personal knowledge of the vast

sub-continent and the 300 million people whom he is sent out to govern

for five years with very far-reaching powers, and often without any

administrative experience, though he has to take charge of the most

complicated administrative machine in the world. Even when he has gone

out to India, his opportunities of getting to know the country and its

peoples are actually very scant. He spends more than six months of the

year at Simla, an essentially European and ultra-official hill-station

perched up in the clouds and entirely out of touch with Indian life, and

another four months he spends in Calcutta, which, again, is only

partially Indian, or, at any rate, presents but one aspect of the

many-sided life of India. It takes a month for the great public

departments to transport themselves and their archives from Calcutta to

Simla at the beginning of the hot weather, and another month in the

autumn for the pilgrimage back from the hills to Calcutta. It is only

during these two months that the Viceroy can travel about freely and

make himself acquainted with other parts of the vast Dependency

committed to his care, and, though railways have shortened distances,

rapid journeys in special trains with great ceremonial programmes at

every halting point scarcely afford the same opportunities as the more

leisurely progress of olden days, when the Governor-General's camp, as

it moved from place to place, was open to visitors from the whole

surrounding country. Moreover, the machinery of administration grows

every year more ponderous and complicated, and the Viceroy, unless he is

endowed with an almost superhuman power and quickness of work, is apt to

find himself entangled in the meshes of never-ending routine. It is in

order to supply the knowledge and experience which a Viceroy in most

cases lacks when he first goes out, and in some cases is never able to

acquire during his whole tenure of office, that his Executive Council is

so constituted, in theory and as far as possible in practice, that it

combines with administrative experience in the several Departments over

which members respectively preside such a knowledge collectively of the

whole of India that the Viceroy can rely upon expert advice and

assistance in the transaction of public business and, not least, in

applying with due regard for Indian conditions the principles of policy

laid down for his guidance by the Home Government. These were the

grounds upon which Lord Morley justified the appointment to the

Viceroy's Executive Council of an Indian member who, besides being

thoroughly qualified to take charge of the special portfolio entrusted

to him, would bring into Council a special and intimate knowledge of

native opinion and sentiment. These are the grounds upon which, by the

way, Lord Morley cannot possibly justify the appointment of Mr. Clark as

Member for Commerce and Industry, for a young subordinate official,

however brilliant, of an English public Department cannot bring into the

Viceroy's Executive Council either special or general knowledge of

Indian affairs. Such an appointment must to that extent weaken rather

than strengthen the Government of India.

The same arguments which apply in India to the conjunction of the

Governor-General with his Council apply, _mutatis mutandis_, with

scarcely less force to the importance of the part assigned to the

Council of India as advisers of the Secretary of State at the India

Office.

If we look at the Morley-Minto _régime_ from another point of view, it

is passing strange that the tendency to concentrate the direction of

affairs in India in the hands of the Viceroy and to subject the Viceroy

in turn to the closer and more immediate control of the Secretary of

State, whilst simultaneously diminishing _pro tanto_ the influence of

their respective Councils, should have manifested itself just at this

time, when it is Lord Morley who presides over the India Office. For no

statesman has ever proclaimed a more ardent belief in the virtues of

decentralization than Lord Morley, and Lord Morley himself is largely

responsible for legislative reforms which will not only strengthen the

hands of the provincial Governments in their dealings with the

Government of India, but will enable and, indeed, force the Government

of India to assume on many vital questions an attitude of increased

independence towards the Imperial Government. The more we are determined

to govern India in accordance with Indian ideas and with Indian

interests, the more we must rely upon a strong, intelligent, and

self-reliant Government of India. The peculiar conditions of India

exclude the possibility of Indian self-government on colonial lines, but

what we may, and probably must, look forward to at no distant date is

that, with the larger share in legislation and administration secured to

Indians by such measures as the Indian Councils Act, the Government of

India will speak with growing authority as the exponent of the best

Indian opinion within the limits compatible with the maintenance of

British rule, and that its voice will therefore ultimately carry

scarcely less weight at home in the determination of Indian policy than

the voice of our self-governing Dominions already carries in all

questions concerning their internal development.

The future of India lies in the greatest possible decentralization in

India subject to the general, but unmeddlesome, control of the

Governor-General in Council, and in the greatest possible freedom of the

Government of India from all interference from home, except in regard to

those broad principles of policy which it must always rest with the

Imperial Government, represented by the Secretary of State in Council,

to determine. It is only in that way that, to use one of Mr. Montagu's

phrases, we can hope successfully to "yoke" to our own "democratic"

system "a Government so complex and irresponsible to the peoples which

it governs as the Government of India."

Indian Unrest · 第 26 / 28 章