DAVID LLOYD GEORGE

"Sowing the Winter Wheat." Speech delivered

at Carnarvon, to a meeting of constituents,

after becoming Prime Minister, February 3,

1917.

Part II of the Report contains the scheme which Mr. Montagu and Lord

Chelmsford propose for the solution of the problem which they had set

themselves to solve in Part I. In giving their reasons for a new policy

they observe:

"_No further development (on old lines) is possible unless we are

going to give the people of India some responsibility for their

own government._ But no one can imagine that no further

development is necessary. _It is evident that the present

machinery of government no longer meets the needs of the time; it

works slowly and it produces irritation_; there is a widespread

demand on the part of educated Indian opinion for its alteration;

and the need for advance is recognised by official opinion also."

[Italics are ours.]

The new policy sketched by them is, in their judgment, "the logical

outcome of the past. Indians must be enabled, in so far as they attain

responsibility, to determine for themselves what they want done

"... such limitations on powers as we are now proposing are due

only to the obvious fact that time is necessary in order to train

both representatives and electorates for the work which we desire

them to undertake; and that we offer Indians opportunities at

short intervals to prove the progress they are making and to make

good their claim, not by the method of agitation but by positive

demonstration, to the further stages in self-government which we

have just indicated."

That is the only basis on which they maintain they can hope to see in

India "the growth of a conscious feeling of organic unity with the

Empire as a whole." With these and a few more prefatory remarks about

the educational problem and the attitude of the ryot and the enunciation

of the general principles on which their proposals are based they

proceed to formulate their scheme, starting first with the provinces.

I

The proposals relating to Provincial Government may be noticed under the

following heads:

(_a_) _Financial devolution_: It is proposed that henceforth there

should be a complete separation of the provincial finances from those of

the Government of India; that, reserving certain sources of revenue for

the Government of India, all others should be made over to the

Provincial Governments with the proviso that the first charge on all

Provincial revenues will be a contribution towards the maintenance of

the Government of India, considered necessary and demanded by the

latter. A certain amount of power to impose fresh taxes and to raise

loans is also conceded to the provincial Governments subject to the veto

of the Government of India.

(_b_) _Legislative devolution_: "It is our intention," say the authors

of the report, "to reserve to the Government of India a general

overriding power of legislation for the discharge of all functions which

it will have to perform. It should be enabled under this power to

intervene in any province for the protection and enforcement of the

interests for which it is responsible; to legislate on any provincial

matter in respect of which uniformity of legislation is desirable,

either for the whole of India or for any two or more provinces; and to

pass legislation which may be adopted either _simpliciter_ or with

modifications by any province which may wish to make use of it. We think

that the Government of India must be the sole judge of the propriety of

any legislation which it may undertake under any one of these

categories, and that its competence so to legislate should not be open

to challenge in the courts. Subject to these reservations we intend that

within the field which may be marked off for provincial legislative

control the sole legislative power shall rest with the provincial

legislatures." It is not proposed to put a statutory limitation on the

power of the Government of India to legislate for the provinces, but it

is hoped that "constitutional practice" will prevent the central

Government interfering in provincial matters unless the interests for

which the latter is responsible are directly affected.

(_c_) _Provincial Executive_: Article 220 gives the Governor the power

to appoint "one or two additional members of his Government as members

without portfolio for purposes of consultation and advice."

These, in substance, are the proposals of the Secretary of State and the

Government of India for the future government of the provinces into

which India is divided. Some of these latter and some other tracts are

expressly excluded from the operation of these recommendations. It will

be at once observed that this is neither autonomy nor home rule. It is a

kind of hybrid system with final powers of veto and control vested in

the Government of India. The provision as to Provincial Legislatures

make it still more complicated.

"Let us now explain how we contemplate in future that the

executive Governments of the provinces shall be constituted. As we

have seen, three provinces are now governed by a Governor and an

Executive Council of three members, of whom one is in practice an

Indian and two are usually appointed from the Indian Civil

Service, although the law says only that they must be qualified by

twelve years' service under the Crown in India. One province,

Bihar and Orissa, is administered by a Lieutenant-Governor with a

council of three constituted in the same way. The remaining five

provinces, that is to say, the three Lieutenant-Governorships of

the United Provinces, the Punjab and Burma and the Chief

Commissionerships of the Central Provinces and Assam are under the

administration of a single official Head. We find throughout India

a very general desire for the extension of Council government....

Our first proposition, therefore, is that in all these provinces

singleheaded administration must cease and be replaced by

collective administration.

"In determining the structure of the Executive we have to bear in

mind the duties with which it will be charged. We start with the

two postulates; the complete responsibility for the government

cannot be given immediately without inviting a breakdown, and that

some responsibility must be given at once if our scheme is to have

any value. We have defined responsibility as consisting primarily

in amenability to constituents, and in the second place in

amenability to an assembly. We do not believe that there is any

way of satisfying these governing conditions other than by making

a division of the functions of the Government, between those which

may be made over to popular control and those which for the

present must remain in official hands.... We may call these the

'reserved' and 'transferred' subjects respectively. It then

follows that for the management of these two categories there must

be some form of executive body, with a legislative organ in

harmony with it....

* * * * *

"We propose therefore that in each province the executive

Government should consist of two parts. One part would comprise

the head of the province and an executive council of two members.

In all provinces the head of the Government would be known as

Governor.... One of the two Executive Councillors would in

practice be a European qualified by long official experience, and

the other would be an Indian. It has been urged that the latter

should be an elected member of the provincial legislative council.

It is unreasonable that choice should be so limited. It should be

open to the Governor to recommend whom he wishes.... The Governor

in council would have charge of the reserved subjects. The other

part of the government would consist of one member or more than

one member, according to the number and importance of the

transferred subjects, chosen by the Governor from the elected

members of the Legislative council. They would be known as

ministers. They would be members of the executive Government but

not members of the Executive Council; they would be appointed for

the life-time of the legislative council, and if reelected to that

body would be re-eligible for appointment as members of the

Executive. As we have said, they would not hold office at the will

of the legislature but at that of their constituents.

"The portfolios dealing with the transferred subjects would be

committed to the ministers, and on these subjects the ministers

together with the Governor would form the administration. On such

subjects their decision would be final, subject only to the

Governor's advice and control. We do not contemplate that from the

outset the Governor should occupy the position of a purely

constitutional Governor who is bound to accept the decisions of

his ministers."

(_d_) _Provincial Legislatures_: "We propose there shall be in each

province an enlarged legislative council, differing in size and

composition from province to province, with a substantial elected

majority, elected by direct election on a broad franchise, with such

communal and special representation as may be necessary."

The questions of franchise and special and communal representation have

been entrusted to a special committee the report of which is shortly

expected. The same committee will also decide how many official members

there will be on each Legislative Council. It is provided that the

Governor shall be the President of the Council and will have the power

to nominate a Vice-president from the official members. As to the effect

of resolutions it is said that "we do not propose that resolutions,

whether on reserved or transferred subjects should be binding."

The classification of the reserved and transferred subjects was also

left to a special committee which has since concluded its labours and

whose report is awaited with interest.

_Legislation on reserved subjects_:

"For the purpose of enabling the provincial Government to get

through its legislation on reserved subjects, we propose that the

head of the Government should have power to certify that a Bill

dealing with a reserved subject is a measure 'essential to the

discharge of his responsibility for the peace or tranquillity of

the province or of any part thereof, or for the discharge of his

responsibility for the reserved subjects.'... The Bill will be

read and its general principles discussed in the full legislative

council. It will at this stage be open to the council by a

majority vote to request the Governor to refer to the Government

of India, whose decision on the point shall be final, on the

question whether the certified Bill deals with a reserved subject.

If no such reference is made, or if the Government of India decide

that the certificate has been properly given, the Bill will then

be automatically referred to a Grand Committee of the council. Its

composition should reproduce as nearly as possible the proportion

of the various elements in the larger body ... the grand committee

in every council should be constituted so as to comprise from 40

to 50 per cent. of its strength. It should be chosen for each

Bill, partly by election by ballot, and partly by nomination. The

Governor should have power to nominate a bare majority exclusive

of himself. Of the members so nominated not more than two-thirds

should be officials, and the elected element should be elected _ad

hoc_ by the elected members of the council on the system of the

transferable vote."

"On reference to the grand committee, the Bill will be debated by

that body in the ordinary course, if necessary referred to a

select committee, to which body we think that the grand committee

should have power to appoint any member of the legislative council

whether a member of the grand committee or not. The select

committee will, as at present, have power to take evidence. Then,

after being debated in the grand committee and modified as may be

determined, the Bill will be reported to the whole council. The

council will have the right to discuss the Bill again generally,

but will not be able to reject it, or to amend it except on the

motion of a member of the executive council. The Governor will

then appoint a time limit within which the Bill may be debated in

the council, and on its expiry it will pass automatically. But

during such discussion the council will have the right to pass a

resolution recording any objection which refers to the principle

or details of the measure (but not, of course, to the certificate

of its character), and any such resolution will accompany the Act

when, after being signed by the Governor, it is submitted to the

Governor General and the Secretary of State."

_Provincial Budget_: "... the provincial budget should be framed

by the executive Government as a whole. The first charge on

provincial revenues will be the contribution to the Government of

India; and after that the supply for the reserved subjects will

have priority. The allocation of supply for the transferred

subjects will be decided by the ministers. If the revenue is

insufficient for their needs, the question of new taxation will be

decided by the Governor and the ministers. We are bound to

recognise that in time new taxation will be necessary, for no

conceivable economies can finance the new developments which are

to be anticipated. The budget will then be laid before the council

which will discuss it and vote by resolution upon the allotments.

If the legislative council rejects or modifies the proposed

allotment for reserved subjects, the Governor should have power to

insist on the whole or any part of the allotment originally

provided, if for reasons to be stated he certifies its necessity

in the terms which we have already suggested. We are emphatically

of opinion that the Governor in Council must be empowered to

obtain the supply which he declares to be necessary for the

discharge of his responsibilities. Except in so far as the

Governor exercises this power the budget would be altered in

accordance with the resolutions carried in council."

_Modification of the Scheme by the Government of India._ "After

five years' time from the first meeting of the reformed councils

we suggest that the Government of India should hear applications

from either the provincial Government or the provincial council

for the modification of the reserved and transferred lists of the

province; and that, after considering the evidence laid before

them, they should recommend for the approval of the Secretary of

State the transfer of such further subjects to the transferred

list as they think desirable. On the other hand, if it should be

made plain to them that certain functions have been seriously

maladministered, it will be open to them, with the sanction of the

Secretary of State, to retransfer subjects from the transferred to

the reserved list, or to place restrictions for the future on the

minister's powers in respect of certain transferred subjects....

But it is also desirable to complete the responsibility of the

ministers for the transferred subjects. This should come in one of

two ways, either at the initiative of the council if it desires

and is prepared to exercise greater control over the ministers, or

at the discretion of the Government of India, which may wish to

make this change as a condition of the grant of new, or of the

maintainance of existing, powers. We propose, therefore, that the

Government of India may, when hearing such applications, direct

that the ministers' salaries, instead of any longer being treated

as a reserved subject, and, therefore, protected in the last

resort by the Governor's order from interference should be

specifically voted each year by the legislative council; or,

failing such direction by the Government of India, it should be

open to the councils at that time or subsequently to demand by

resolution that such ministers' salaries should be so voted, and

the Government of India should thereupon give effect to such

request."

_Periodic commissions_: ... Ten years after the first meeting of

the new councils established under the Statute a commission should

be appointed to review the position. Criticism has been expressed

in the past of the composition of Royal Commissions, and it is our

intention that the commission which we suggest should be regarded

as authoritative and should derive its authority from Parliament

itself. The names of the commissioners, therefore, should be

submitted by the Secretary of State to both Houses of Parliament

for approval by resolution. The commissioners' mandate should be

to consider whether by the end of the term of the legislature then

in existence it would be possible to establish complete

responsible government in any province or provinces, or how far it

would be possible to approximate it in others; to advise on the

continued reservation of any departments for the transfer of which

to popular control it has been proved to their satisfaction that

the time had not yet come; to recommend the retransfer of other

matters to the control of the Governor in Council if serious

maladministration were established; and to make any

recommendations for the working of responsible government or the

improvement of the constitutional machinery which experience of

the systems in operation may show to be desirable....

"There are several other important matters, germane in greater or

less degree to our main purpose, which the commission should

review. They should investigate the progress made in admitting

Indians into the higher ranks of the public service. They should

examine the apportionment of the financial burden of India with a

view to adjusting it more fairly between the provinces. The

commission should also examine the development of education among

the people and the progress and working of local self-governing

bodies. Lastly the commission should consider the working of the

franchise and the constitution of electorates, including the

important matter of the retention of communal representation.

Indeed, we regard the development of a broad franchise as the arch

on which the edifice of self-government must be raised; for we

have no intention that our reforms should result merely in the

transfer of powers from a bureaucracy to an oligarchy...."

"In proposing the appointment of a commission ten years after the

new Act takes effect we wish to guard against possible

misunderstanding. We would not be taken as implying that there can

be established by that time complete responsible government in the

provinces. In many of the provinces no such consummation can

follow in the time named. The pace will be everywhere unequal,

though progress in one province will always stimulate progress

elsewhere; but undue expectations might be aroused, if we

indicated any opinion as to the degree of approximation to

complete self-government that might be reached even in one or two

of the most advanced provinces. The reasons that make complete

responsibility at present impossible are likely to continue

operative in some degree even after a decade."

The Political Future of India · 第 69 / 132 题