THE DIVISION OF FUNCTIONS

The first duty of Mr. Feetham's Committee was to consider what were

the services to be appropriated to the provinces, all others

remaining with the Government of India. The Committee proceeded on

the basis that there is to be no such statutory demarcation of

powers as to leave the validity of Acts passed to be challenged in

the Courts. In other words, no alteration is proposed in the system

under which the All-India Legislature as regards British India, and

each of the Provincial Legislatures as regards its own province,

have in theory concurrent jurisdiction over the whole legislative

field.

In framing the lists the Committee have treated as All-India subjects

certain large general heads, such, for instance, as commerce and laws

regarding property, but have taken out of these and allotted to the

provinces important sections--_e.g._, in the case of the first Excise,

and in the case of the second laws regarding land tenure. Any matter

included in the provincial list is to be deemed to be excluded from any

All-India subject of which otherwise it would form part. Subjects not

expressly included in either list are regarded as All-India subjects,

but the Governor-General in Council may add to the provincial list

"matters of merely local or private interest within the province." It is

claimed that the scheme has been devised on such a basis as to leave the

way open for the process of development.

The list of subjects to be transferred to Indian Ministers is on the

whole more extensive than the suggested list attached to the Joint

Report. With certain reservations University education is to be

transferred, as well as primary, secondary, and technical, on the ground

that the educational system must be regarded as an organic whole. But

European and Anglo-Indian education, which is organized on a separate

basis is excluded from the transfer.

The decision of the functions of the Provincial Government, popularly

known as diarchy, has been criticized as likely to lead to friction, and

sometimes to deadlock. To mitigate these difficulties, the Committee

propose important changes in the relations of the Governor with both

sections of the Government. It is to be the duty of the Governor in

Council in the case of reserved departments, and of the Governor and

Ministers in the case of transferred departments, to take care that the

administration is so conducted as not to prejudice or occasion undue

interference with the working of any department falling in the other

category. The Governor has to decide whether a particular matter falls

within the scope of a reserved or a transferred department, and to take

care that any order given by the Governor-General in Council is complied

with by the department concerned.

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