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Copy No.
SECRET
C.P. (49) 181
23rd August, 1949
CABINET
INDIA
CONSEQUENTIAL LEGISLATION TO DEAL WITH THE POSITION WHICH WILL ARISE
WHEN INDIA BECOMES A REPUBLIC
MEMORANDUM BY THE LORD PRIVY SEAL AND THE LORD CHANCELLOR
The Government of India have informed us
us that the new Indian Constitution, under which India will become a Republic, will have effect from 26th January, 1950. On that date India, though remaining a member of the Commonwealth, will cease to owe allegiance to the Crown or to be part of His Majesty's dominions.
2. The Meeting of Commonwealth Prime Ministers in April recorded in an unpublished Minute agreement that all the countries of the Commonwealth should regard themselves as not foreign in relation one to another, and that each should maintain the right to accord to the citizens and trade of the others preferential treatment, though each remained free to determine the method and extent of the preferential treatment to be accorded.
3. Officials of the Departments directly concerned have considered what adjustments are required in the law of this country to enable us to accord this preferential treatment to India after she has become a Republic, for so long as she remains a member of the Commonwealth. They have concluded that legis- lation should be passed, before 26th January, 1950, for the following purposes:
(i) To make general provision that the existing law of the United Kingdom and the Colonies shall, unless and until it is altered by the competent authority, continue to apply to India and Indian citizens in the same way as it would have done if India had not ceased to be part of His Majesty's dominions.
(ii) To take power to make by Order in Council detailed amendment of statutory provisions which need adaptation to meet the new circum- stances. (An example of this is the Fugitive Offenders Act, which at present operates only between different parts of His Majesty's dominions. It will be necessary to discuss with the Indian Govern- ment how far existing practice under this Act needs to be modified in the new circumstances.)
(iii) To deal with the nationality position
(a) Under the British Nationality Act, 1948, citizens of India have the status of British subjects; but we cannot claim that this will suffice to secure that status for them after 26th January, 1950, unless we maintain-as we did not maintain in relation to the Irish Republic-that the Act of 1948 is not affected by an important change in India's constitutional relationship to the Crown which was not in contemplation when that Act was Page 4ssed 6Even if we could make that claipaadio wolnot be content that her citizens should continue after 26th January,
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