Resolution IV. The Government of (V) This Conference urges that
India shall have undivided legislation of an exceptional
administrative authority on character having the effect of
matters directly concerning curtailing ordinary rights such
peace, tranquillity and defence as the freedom of the press and
of the country subject to the public meetings and open
following: judicial trial, should not be
carried through the Council of
That the Statute to be passed by State alone, or in spite of the
Parliament should include the declared opinion of the
Declaration of the Rights of the Legislative Assembly of India,
people of India as British except in a time of war or
citizens: internal disturbance, without
the approval of the Select
(a) That all Indian subjects of Committee of the House of
his Majesty and all the subjects Commons proposed to be set up
naturalized or resident in India under the Scheme unless such
are equal before the law, and legislation is of a temporary
there shall be no penal nor character and limited to a
administrative law in force in period of one year only, the
the country whether substantive said legislation being in any
or procedural of a case made renewable without such
discriminative nature. approval in the last resort.
(b) That no Indian subject of
his Majesty shall be liable to 10
suffer in liberty, life,
property or of association, free (c) All racial inequalities in
speech or in respect of writing, respect of trial by jury, the
except under sentence by an rules made under the Arms Act,
ordinary Court of Justice, and etc. should be removed and the
as a result of a lawful and open latter should be so amended as
trial. to provide for the possession
and carrying of arms by Indians
(c) That every Indian subject under liberal conditions.
shall be entitled to bear arms,
subject to the purchase of a (d) A complete separation of
licence, as in Great Britain, judicial and executive functions
and that the right shall not be of all district officers should
taken away save by a sentence of be made, at least in all major
an ordinary Court of Justice. provinces, at once, and the
judiciary placed under the
(d) That the Press shall be jurisdiction of the highest
free, and that no licence nor court of the province.
security shall be demanded on
the registration of a press or a
newspaper.
(e) That corporal punishment
shall not be inflicted on any
Indian serving in his Majesty's
Army or Navy save under
conditions applying equally to
all other British subjects.
_Fiscal Autonomy_
Resolution V. This Congress (VI) Saving such equal and
is strongly of opinion that equitable Imperial obligations
essential for the welfare of the as may be agreed upon as resting
Indian people that the Indian on all parts of the Empire, the
Legislature should have the Government of India, acting
same measure of fiscal autonomy under the control of the
which the self-governing dominions Legislature, should enjoy the same
of the Empire possess. power of regulating the fiscal
policy of India as the Governments
of the self-governing dominions
enjoy of regulating their fiscal
policy.
_Reform Proposals_
Resolution VI. That this (III) 'This Conference cordially
Congress appreciates the earnest welcomes the Reform Proposals of
attempt on the part of the Right the Secretary of State and the
Hon. the Secretary of State and Viceroy of India as constituting
his Excellency the Viceroy to a distinct advance on present
inaugurate a system of conditions as regards the
responsible government in India, Government of India and the
and, while it recognizes that Provincial Governments and also
some of the proposals constitute a real step towards the
an advance on the present progressive realization of
conditions in some directions, "responsible government" in the
it is of opinion that the Provincial Government in due
proposals are as a whole fulfillment of the terms of the
disappointing and announcement of August 20, 1917.
unsatisfactory, and suggests the As such this Conference accords
following modifications as its hearty support to those
absolutely necessary to proposals, and, while suggesting
constitute a substantial step necessary modifications and
towards responsible government: improvements therein, expresses
its grateful appreciation of the
earnest effort of Mr. Montagu
and Lord Chelmsford to start the
country on a career of genuine
and lasting progress towards the
promised goal.'
(V) 'This Conference regards all
attempts at the condemnation or
rejection of the Reform Scheme
as a whole as ill advised, and
in particular protests
emphatically against the
reactionary attitude assumed
towards it by the Indo-British
Association and some European
public bodies in this country
which is certain to produce, if
successfully persisted--in, an
extremely undesirable state of
feeling between England and
India and imperil the cause of
ordered progress in this
country. This Conference,
therefore, most earnestly urges
his Majesty's Government and
Parliament of the United Kingdom
to give effect to the provisions
of the Scheme and the suggestion
of its supporters in regard
thereto as early as possible by
suitable legislation.'
_Government of India_
(1) That a system of reserved (V) (a) 'This Conference, while
and transferred subjects similar making due allowance for the
to that proposed for the necessities or drawbacks of
provinces, shall be adopted for transitional scheme, urges that,
the Central Government. having regard to the terms of
the announcement of August 20,
(2) That the reserved subjects 1917, and in order that the
shall be foreign affairs progress of India towards the
(excepting relations with the goal of a self-governing unit of
colonies and dominions) army, the British Empire may be
navy, and relations with Indian facilitated and not unduly
Ruling Princes, and subject to delayed or hampered, as also
the declaration of rights with a view to avoid the
contained in resolution IV, the untoward consequences of a
matters directly affecting legislature containing a
public peace, tranquillity and substantially elected popular
defence of the country, and all element being allowed merely to
other subjects shall be indulge in criticism unchecked
transferred subjects. by responsibility, it is
essential that the principle of
(3) The allotments required for responsible government' should
reserved subjects should be the be introduced also in the
first charge on the revenues. Government of India,
simultaneously with a similar
(4) The procedure for the reform in the provinces. There
adoption of the budget should be should, therefore, be a division
on the lines laid down for the of functions in the Central
provinces. Government into 'reserved' and
'transferred' as a part of the
(5) All legislation should be by present instalment of reforms
Bills introduced into the and the Committee on division of
Legislative Assembly, provided functions should be instructed
that, if, in the case of to investigate the subject and
reserved subjects, the make recommendations.
Legislative Council does not
pass such measures as the (b) While, as suggested above,
Government may deem necessary, some measures of transfer of
the Governor General-in-Council power to the Indian Legislature
may provide for the same by should be introduced at the
regulations, such regulations to commencement, provision should
be in force for one year but not be made for future progress
to be renewed unless 40 per towards complete responsible
cent. of the members of the government of the Government of
Assembly present and voting are India by specifically
in favour of them. authorizing the proposed
periodic Commissions to inquire
(6) There shall be no Council of into the matter and to recommend
State, but if the Council of to Parliament such further
State is to be constituted, at advance as may be deemed
least half of its total strength necessary or desirable in that
shall consist of elected behalf.
members, and that procedure by
certification shall be confined (c) The power of certification
to the reserved subjects. given to the Governor-General
should be limited to matters
(7) At least half the number of involving the defence of the
Executive Councillors (if there country's foreign and political
be more than one) in charge of relations, and peace and order
reserved subjects should be and should not be extended to
Indians. 'good government' generally or
'sound financial
(8) The number of members of the administration.'
Legislative Assembly should be
raised to 150 and the proportion (e) This Conference recommends
of the elected members should be that the composition of the
four-fifths. Council of State should be so
altered as to ensure that one
(9) The President and the half of its total strength shall
Vice-President of the consist of elected members.
Legislative Assembly should be
elected by the Assembly. (f) The Indian element in the
Executive Government of India
(10) The Legislative Assembly should be one-half of the total
should have power to make or number of that Government.
modify its own rules of business
and they shall not require the
sanction of the Governor
General.
(11) There shall be an
obligation to convene meetings
of the Council and Assembly at
stated intervals, or on the
requisition of a certain
proportion of members.
(12) A statutory guarantee
should be given that full
responsible government should be
established in the whole of
British India within a period
not exceeding 15 years.
(13) That there should be no
Privy Council for the present.
_Provincial Governments_
1. There should be no additional (e) The proposal to appoint an
members of the Executive additional Member or Members
Government without portfolios. from among the senior officials,
without portfolios and without
2. From the commencement of the vote for purposes of
first Council the principle of consultation and advice only,
responsibility of the ministers but as _Members of the Executive
to the legislature shall come Government_, in the provinces
into force. should be dropped.
3. The status and salary of the (1)
ministers shall be the same as
that of the members of Executive (a) The status and emoluments of
Council. Ministers should be identical
with those of Executive
4. At least half the number of Councillors, and the Governor
Executive Councillors in charge should not have greater power of
of reserved subjects (if there control over them than over the
be more than one) should be latter.
Indians.
(b) Whatever power may be given
5. The Budget shall be under the to the Governor-in-Council to
control of the Legislature interfere with the decisions of
subject to the contribution to the Governor and Ministers on
the Government of India, and the ground of their possible
during the life-time of the effects on the administration of
reformed Councils, to the the reserved subjects,
allocation of a fixed sum for corresponding power should be
the reserved subjects; and given to the Governor and
should fresh taxation be Ministers in respect of
necessary, it should be imposed decisions of the
by the provincial Governments, Governor-in-Council affecting
as a whole for both transferred directly or indirectly the
and reserved subjects. administration of the
transferred subjects.
LEGISLATURE
(d) Heads of provincial
1. While holding that the people Governments in the major
are ripe for the introduction of provinces should ordinarily be
full provincial autonomy the selected from the ranks of
Congress is yet prepared with a public men in the United
view to facilitating the passage Kingdom.
of the Reforms, to leave the
departments of Law, Police and (e) No administrative control
Justice, (prisons excepted) in over subjects vested in
the hands of the Executive provincial Governments should be
Government in all provinces for 'reserved' in the central
a period of six years. Executive Government particularly in
and Judicial Departments must be respect of 'transferred' heads.
separated at once.
(f) The Government of India
2. The President and the should have no power to make a
Vice-President should be elected supplementary levy upon the
by the Council. provinces; they may only take
loans from the latter on
3. That the proposal to occasions of emergency.
institute a Grand Committee
shall be dropped. The Provincial (2) This Conference recommends
Legislative Council shall that the largest possible number
legislate in respect of all of subjects should be included
matters within the jurisdiction in the 'transferred' list in
of provincial Government, every province as the progress
including Law, Justice and and conditions of each province
Police but where the Government may justify and that none
is not satisfied with the mentioned in the Illustrative
decision of the Legislative List No. 11 appended to the
Council in respect of matters Report should, as far as
relating to Law, Justice and possible, be 'reserved' in any
Police, it shall be open to the province.
Government to refer the matter
to the Government of India. The IX (c) The Legislative Councils
Government of India may refer should have the right to elect
the matter to the Indian their own Presidents and
Legislature and the ordinary Vice-Presidents.
procedure shall follow. But if
Grand Committees are instituted, VIII (b) The elected element in
this Congress is of opinion, the Provincial Legislative
that not less than one-half of Councils should be four-fifths
the strength shall be elected by of the total strength of the
the Legislative Assembly. Councils at least in the more
advanced provinces.
4. The proportion of elected
members in the Legislative IX. 1 (a) It should be provided
Council shall be four fifths. that when a Council is dissolved
by the Governor, a fresh
ELECTIONS election should be held and the
new Council summoned not later
5. Whenever the Legislative than four months after the
Assembly, the Council of State, dissolution.
or the Legislative Council is
dissolved, it shall be VIII (a) The Franchise should be
obligatory on the Government as as wide and the composition of
the case may be, to order the the Legislative Council should
necessary elections, and to be as liberal as circumstances
resummon the body dissolved may admit in each province, the
within a period of three months number of representatives of the
from the date of dissolution. general territorial electorates
being fixed in every case at not
6. The Legislative Assembly less than one-half of the whole
should have power to make or council.
modify its own rules of business
and they shall not require the (c) The franchise should be so
sanction of the broad and the electorates so
Governor-General. devised as to secure to all
classes of tax-payers their due
7. There should be an obligation representation by election and
to convene meetings of the the interests of those
Council and Assembly at stated communities or groups of
intervals, or on the requisition communities in Madras and the
of a certain proportion of Bombay Deccan and elsewhere who
members of the Assembly. at present demand special
electoral protection should be
8. No dissolution of the adequately safeguarded by
legislature shall take place introducing a system of plural
except by way of an appeal to constituencies in which a
the electorate and the reason reasonable number of seats
shall be stated in writing should be reserved for those
countersigned by the Ministers. communities.
(e) In the case of any community
for which separate special
electorates may be deemed at
present necessary, participation
in the general territorial
electorates, whether as voters
or candidates, should not be
permitted.
(f) It shall be left to the
option of an individual
belonging to a community which
is given separate representation
to enrol himself as a voter
either in the general or the
communal electorate.
_Parliament and India Office_
(e) The control of Parliament (XI) This Conference, while
and of the Secretary of State generally approving of the
must only be modified as the proposals embodied in the Report
responsibility of the Indian and regarding the India Office and
provincial Governments to the Parliamentary control, urges:--
electorates is increased. No
power over provincial (a) That the administrative
Governments now exercised by control of Parliament over the
Parliament and by the Secretary Government of India exercised
of State must be transferred to through the Secretary of State
the Government of India, save in should continue except in so far
matters of routine as the control of the
administration until the legislature on the spot is
latter is responsible to substituted for the present
the electorates. Parliamentary control.
(d) No financial or (d) That until the India Council
administrative powers in regard can be abolished by substituting
to reserved subjects should be Indian control for the control
transferred to the provincial of Parliament over the affairs
Governments until such time as of India, it should be a mere
they are made responsible advisory body with its strength
regarding them to electorates, reduced to 8 members, four of
and until then the control of whom should be Indians.
Parliament and the Secretary of
State should continue. (c) That at least a major part
of the cost of the India Office
(b) The Council of India shall should be borne by the British
be abolished, and there shall be Exchequer.
two permanent Undersecretaries
to assist the Secretary of State (b) That Indian opinion should
for India, one of whom shall be be represented on the Committee
an Indian. appointed to report upon the
organisation of the India Office
(c) All charges in respect to and the evidence of Indian
the India Office establishment witnesses invited.
shall be placed on the British
estimates.
(d) The committee to be
appointed to examine and report
on the present constitution of
the Council of India shall
contain an adequate Indian
element.
_Mahomedan Representation_
Resolution VII. The proportion (VIII) (d) Mahomedan
of Mahomedans in the Legislative representation in every
Council and the Legislative legislature should be in the
Assembly as laid down in the proportions mentioned in the
Congress-League Scheme must be Scheme adopted by the Congress
maintained. and the Muslim League at
Lucknow in 1916.
_Army Commissions_
Resolution XII. This Congress (b) This Conference strongly
places on record its deep urges that Indians should be
disappointment at the altogether nominated to 20 per cent.,
inadequate response made by the to start with, of King's
Government to the demand for the commissions in the Indian Army
grant of commissions to Indians and that adequate provision for
in the army, and is of opinion training them should be made in
that steps should be immediately this country itself.
taken so as to enable the grant
to Indians at an early date of
at least 25 per cent. of the
commissions in the army, the
proportions to be gradually
increased to 50 per cent. within
a period of ten years.
_Public Services_
Resolution XVII. That this X (a) This Conference thanks the
Congress is of opinion that the Secretary of State and the
proportion of annual recruitment Viceroy for recommending that
to the Indian civil service to all racial bars should be
be made in England should be 50 abolished and for recognizing
per cent. to start with, such the principle of recruiting of
recruitment to be by open all the Indian public services
competition in India from in India and in England instead
persons already appointed to the of any service being recruited
Provincial Civil Service. for exclusively in the latter
country.
_Franchise for Women_
Resolution VIII. Women possessing
the same qualifications as are
laid down for men in any part
of the Scheme shall not be
disqualified on account of sex.
CONSTITUTION OF COUNCILS CONSTITUTION OF PERIODIC
COMMISSION
Resolution XIII. That, so far as
the question of determining the 9 (b) Some provision should be
franchise and the constituence made for the appointment and
and the composition of the cooperation of qualified Indians
Legislative Assemblies is on the periodic commission
concerned, this Congress is of proposed to be appointed every
opinion that, instead of being ten or twelve years and it
left to be dealt with by should further be provided that
Committees, it should be decided the first periodic commission
by the House of Commons and be shall come to India and submit
incorporated in the statute to its recommendations to
be framed for the constitution Parliament before the expiry of
of the Indian Government. the third Legislative Council
after the Reform Scheme comes
Resolution XIV. That as regards into operation and that every
the Committee to advise on the subsequent periodic commission
question of the separation of should be appointed at the end
Indian from provincial functions of every ten years.
and also with regard to the
Committee if any for the
consideration of reserved or an
unreserved department, this
Congress is of opinion that the
principle set forth in the above
resolution should apply _mutatis
mutandis_ to the formation of
the said Committee.