RULE IN INDIA

New Zealand Herald, Volume LXXII, Issue 22018, 26 January 1935, Page 11

RULE IN INDIA

PROPOSED REFORMS FEDERATION SCHEME NEW BILL'S PROVISIONS t ACCESSION OF STATES AGREEMENT ESSENTIAL By Telegraph—Press Association—Copyright (Received January 25, 5.6 p.m.) British Wireless RUGBY, Jan. 24 The text of the Government of India Bill, which consists of 451 clauses and 15 schedules, and extends to 323 pages, was issued this morning. It was accompanied by an explanatory memorandum which states that the bill is an expression in legislative form, with slight reseri vations of the report of the Parliamentary Joint Select Committee of last November. The measure provides for the establishment of an all-India federation to be constituted by linking 11 British--1 Indian provinces, two of them new in the federal system, with those Indian States which ure prepared to enter the federation by the voluntary act lof their rulers. The establishment of the federation , is to be dependent upon the accession im of States containing not less than half the total population of all the States and entitled to fill at least half the seats to be provided for the States' representatives in the Federal Upper House. j Under the bill no change is to be made in the -• internal regime of the l States, nor in the relationship between . their rulers and the Crown outside the 7 federal sphere. The bill enables the pro--9 vinces to manage their own affairs to _ a greater extent than at present, f Defence and Foreign Relations The great majority of the departments of the Government which affect g individuals from day to day, including , law and order as well as certain items f of revenue—for example, land taxes — f are made the business of the provinces. b The federation will deal with matters j such as currency and tariffs which conj cern India as a whole. r Two questions of great importance—j defence and foreign relations—are to remain the direct responsibility of the 0 Governor-General. Each of the pro- ® vinces is to have a directly-elected Legislative Assembly and in the five prot vinces there are to be Upper Houses 5 as well as Lower Houses. £ The federation itself will have an ? Upper and a Lower House composed of members to be indirectly elected by the provinces, and representatives to be nominated by the States. In all assemblies, federal and provincial, a quota of seats is ensured to the various minorities. Both at the federal centre and in the provinces the Governments will be formed of Ministers'responsible to their Legislatures in much the same sense in which the Cabinet of Britain is responsible to Parliament. Except in the three reserved federal departments of 1 defence, external affairs and ecclesiasti- } cal affairs, the Governor-General and * the Governors, as the heads of the > Federal Government and the provincial " Governments respectively, will be 7 guided by the advice of their Ministers so long as they are satisfied that to do so does not conflict with certain special responsibilities imposed on them in the bill. f General Political Effect ol Measure, Special provision is made to deal with the problem of terrorism. The general political effect of the Bill is to provide that in the provinces, and with certain reservations, at the federal centre, there shall be a system of Parliamentary government except when the circumstances call for the exercise of the overriding powers of the Governor-General or Governor. Provision is made that recruitment in Britain for the Indian civil and police services shall continue, and that service right? shall be preserved. The discipline of the police and the independence of the judiciary are protected from tlie effects of political influences. A safeguard is introduced against the fiscal freedom of India being used deliberately to damage British trade with India. Burma will be separated from India and the bill provides for a new constitution for Burma on th# general | lines of that proposed for India. Negotiation With States ! Powers also are provided for the as- ! sumption by the Governor-General of i all the powers of the Government in ' the event of a breakdown in the con- | stitution. With regard to the entry of the ! States into the federation it is pro- ' posed that immediately after the bill has been passed the Crown should enter into negotiation with the States individually for the conclusion of their accession to the federation. The extent to which each ruler is proposing to accede will be brought to the knowledge of Parliament before the latter, by an affirmative resolution of both Houses, invites His Majesty to issue the proclamation inaugurating the federation. ■ Executive authority will be exercised in the federation by the GovernorGeneral and in the provinces by the Governors, but the Governor-General and each Governor will have a Council of Ministers to aid and advise him. Governors' Individual Judgment Another technical term used in this connection throughout the bill is the phrase: " Exercise his/ individual judgment." This phrase is to be applicable to matters within the purview of Ministers. It means that the Governor General or Governor, after considering the advice of Ministers, is to be free to direct such action as he thinks fit. That is to say he need not accept the advice tendered to him. This course is open to the GovernorGeneral or to a Governor, firstly, whenever certain special responsibilities enumerated are in his opinion involved, and, secondly, whenever any of the powers conferred upon him to act specifically require him, in their exercise, to use his individual judgment. t Whenever the Governor-General or a Governor is " acting in his discretion " or " exercising his individual judgment " he is to be subject to the superintendence of the Secretary of State. LEGISLATIVE ASSEMBLY * DELHI, Jan. 24 Sir Abdur Rahim, a Moslem leader, has been elected president of the Legislative Assembly. He received seven votes more than Mr. Sherwani, the Indian National Congress candidate.