II

The proposals regarding the Government of India called the Central

Government may be thus summed up:

(_a_) _General_: "We have already made our opinion clear that

pending the development of responsible government in the provinces

the Government of India must remain responsible only to

Parliament. In other words, in all matters which it judges to be

essential to the discharge of its responsibilities for peace,

order, and good government it must, saving only for its

accountability to Parliament, retain indisputable power."

(_b_) _The Governor General's Executive Council_: "We would

therefore abolish such statutory restrictions as now exist in

respect of the appointment of Members of the Governor General's

Council, so as to give greater elasticity both in respect to the

size of the Government and the distribution of work."

At present there is one Indian member in the Viceroy's Executive Council

consisting of six ordinary members and one extraordinary besides the

Viceroy. This scheme recommends the appointment of another Indian.

(_c_) _The Indian Legislative Council_.

I. Legislative Assembly: "We recommend therefore that the strength

of the legislative council, to be known in future as the

Legislative Assembly of India, should be raised to a total

strength of about 100 members, so as to be far more truly

representative of British India. We propose that two-thirds of

this total should be returned by election; and that one-third

should be nominated by the Governor General, of which third not

less than a third again should be non-officials selected with the

object of representing minority or special interests.... Some

special representation, we think, there must be, as for European

and Indian commerce, and also for the large landlords. There

should be also communal representation for Muhammadans in most

provinces and also for Sikhs in the Punjab."

II. The Council of State: "We do not propose to institute a

complete bi-cameral system, but to create a second chamber, known

as the Council of State, which shall take its part in ordinary

legislative business and shall be the final legislative authority

in matters which the government regards as essential. The Council

of State will be composed of 50 members, exclusive of the Governor

General, who would be President, with power to appoint a

Vice-President who would normally take his place: not more than 25

will be officials, including the members of the executive council,

and 4 would be non-officials nominated by the Governor General.

Official members would be eligible for nomination to both the

Legislative Assembly and the Council of State. There would be 21

elected members of whom 15 will be returned by the non-official

members of the provincial legislative councils, each council

returning two members, other than those of Burma, the Central

Provinces and Assam which will return one member each....

"Inasmuch as the Council of State will be the supreme legislative

authority for India on all crucial questions and also the revising

authority upon all Indian legislation, we desire to attract to it

the services of the best men available in the country. We desire

that the Council of State should develop something of the

experience and dignity of a body of Elder Statesmen; and we

suggest therefore that the Governor General in Council should make

regulations as to the qualification of candidates for election to

that body which will ensure that their status and position and

record of services will give to the Council a senatorial

character, and the qualities usually regarded as appropriate to a

revising chamber."

III. Legislative procedure: "Let us now explain how this

legislative machinery will work. It will make for clearness to

deal separately with Government Bills and Bills introduced by

non-official members. A Government Bill will ordinarily be

introduced and carried through all the usual stages in the

Legislative Assembly. It will then go in the ordinary course to

the Council of State, and if there amended in any way which the

Assembly is not willing to accept, it will be submitted to a joint

session of both Houses, by whose decision its ultimate fate will

be decided. This will be the ordinary course of legislation. But

it might well happen that amendments made by the Council of State

were such as to be essential in the view of the Government if the

purpose with which the Bill was originally introduced was to be

achieved, and in this case the Governor General in Council would

certify that the amendments were essential to the interests of

peace, order, or good government. The assembly would then not have

power to reject or modify these amendments, nor would they be open

to revision in a joint session.

"We have to provide for two other possibilities. Cases may occur

in which the Legislative Assembly refuses leave to the

introduction of a Bill or throws out a Bill which the Government

regarded as necessary. For such a contingency we would provide

that if leave to introduce a Government Bill is refused, or if the

Bill is thrown out at any stage, the Government should have the

power, on the certificate of the Governor General in Council that

the Bill is essential to the interests of peace, order, or good

government, to refer it _de novo_ to the Council of State; and if

the Bill, after being taken in all its stages through the Council

of State, was passed by that body, it would become law without

further reference to the Assembly. Further, there may be cases

when the consideration of a measure by both chambers would take

too long if the emergency which called for the measure is to be

met. Such a contingency should rarely arise; but we advise that in

cases of emergency, so certified by the Governor General in

Council, it should be open to the Government to introduce a Bill

in the Council of State, and upon its being passed there merely to

report it to the Assembly."

IV. Powers of dissolution, etc.: "The Governor General should in

our opinion have power at any time to dissolve either the

Legislative Assembly or the Council of State or both these bodies.

It is perhaps unnecessary to add that the Governor General and

the Secretary of State should retain their existing powers of

assent, reservation, and disallowance to all Acts of the Indian

legislature. The present powers of the Governor General in Council

under section 71 of the Government of India Act. 1915, to make

regulations proposed by local Governments for the peace and good

government of backward tracts of territory should also be

preserved; with the modification that it will in future rest with

the Head of the province concerned to propose such regulations to

the Government of India."

V. Fiscal legislation: "Fiscal legislation will, of course, be

subject to the procedure which we have recommended in respect of

Government Bills. The budget will be introduced in the Legislative

Assembly but the Assembly will not vote it. Resolutions upon

budget matters and upon all other questions, whether moved in the

Assembly or in the Council of State, will continue to be advisory

in character."

(d) Privy Council: "We have a further recommendation to make. We

would ask that His Majesty may be graciously pleased to approve

the institution of a Privy Council for India.... The Privy

Council's office would be to advise the Governor General when he

saw fit to consult it on questions of policy and administration."

(e) Periodic commissions: "At the end of the last chapter we

recommended that ten years after the institution of our reforms,

and again at intervals of twelve years thereafter, a commission

approved by Parliament should investigate the working of the

changes introduced into the provinces, and recommend as to their

further progress. It should be equally the duty of the commission

to examine and report upon the new constitution of the Government

of India, with particular reference to the working of the

machinery for representation, the procedure by certificate, and

the results of joint sessions."

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