Page 492 1950, to enjoy a special position in the United Kingdom by virtue of being classed as" British subjects," i.e., as subjects of His Majesty. It will therefore be necessary to provide that while Indian citizens will not be British subjects by virtue only of their Indian citizenship, nevertheless the law in this country will apply to them as if they were British subjects. (b) It will also be necessary to make appropriate provision for persons of United Kingdom descent and connection resident in India. The Indian Constitution, which will probably be finally passed by the end of October, includes an Article, already approved, which defines what persons are to be Indian citizens as from 26th January, subject to any later provision which the Indian Parliament may make. Under this Article persons resident in India will become Indian citizens only if they are domiciled in India and possess certain other qualifications. The effect will be to exclude the bulk of the United Kingdom community in India. At the same time the Article provides that a person who was born in India, or possesses an Indian-born parent or grandparent, and is resident outside India, may become an Indian citizen by registration. This provision will cover a large number of Indians in the Colonies who are citizens of the United Kingdom and Colonies by birth. It will also cover many Indians in other Commonwealth countries who are citizens of those countries. There is, however, a considerable number of persons born and resident in India wholly or pre- dominantly of United Kingdom descent and connection, who will be able to establish Indian domicile. Some of these are at present British subjects but not United Kingdom citizens. Some of them will wish to acquire Indian citizenship but will be reluctant to do so if they cease thereby to be British subjects by reason of the provision proposed in (a) above. These people will wish to be clear what their position is on and after 26th January, and we must be prepared to give definite answers. It may be necessary to make special provision to enable these persons, in suitable cases, to remain, if they so desire, British subjects notwithstanding that they become Indian citizens. The Indian Government could hardly raise objection to this, since they have made a similar provision with regard to Indians resident outside India.
4. The Lord Chancellor has considered whether the decision that India shall remain a member of the Commonwealth after she has become a Republic calls for amendment of the Statute of Westminster. He has reached the con- clusion that such amendment is neither necessary nor expedient.
5. We are, however, satisfied that some consequential legislation on the lines indicated in paragraph 3 above is necessary and should be passed by 26th January, 1950. We should have preferred that, if possible, this should not include provisions dealing with nationality and citizenship, for we are appre- hensive that any such provisions will give rise to difficulties in Parliament as they did on the Ireland Bill. If Parliamentary discussion of the nationality problem could have been avoided by omitting such provisions from the Bill, we should certainly have recommended this course. But we are satisfied that, when any legislation on this subject comes to be discussed in Parliament, nationality questions are bound to be raised. The general issue will be raised by Lord Simon and particular questions will be brought forward on behalf of those who, as noted in paragraph 3 (iii) above, are anxious to know how their personal status will be affected. Such questions will be raised in Parliament as soon as the Indian Constitution, including the nationality provisions described above, comes into force on 26th January. If we had not taken these matters up with the Indian Government and framed a policy in consultation with them, we should find ourselves in the position of being unable to answer the questions addressed to us. We have concluded therefore, that from the Parliamentary point of view the less embarrassing course is to face these difficulties fow and to include in the Bill provisions dealing with the nationality points noted in paragraph 3 (iii)
above.
492
や
3
6. Beforeage dan3 befcheeded precisely what provision iPagéeska Byfoбheal with the position under paragraph 3 (iii) (b) above, we need to be clearer than we are at present about the attitude of the Government of India. We therefore propose that discussions should be opened as soon as possible with the Govern- ment of India to elucidate their intentions. We ask that our representatives should be authorised to say at the outset that, subject to the outcome of the discussions, it is our present intention to provide in our law that Indian citizens will cease to be British subjects but will continue to be recognised as Common- wealth citizens and to enjoy in the United Kingdom and Colonies the same rights and obligations as are enjoyed by British subjects. We hope that, if an approach is made to the Government of India on this basis, it may win a generous response which will enable us to secure agreement that persons of United Kingdom descent and connection who are qualified and desire to become Indian citizens can do so without relinquishing their status as British subjects. We should hope that we could also secure, in accordance with the agreed Minute of the Prime Ministers' Meeting referred to in paragraph 2 above, a measure of preferential treatment in the Indian nationality law for citizens of Commonwealth countries. It must be recognised, however, that we shall not be able to press this latter point very far against Indian reluctance; for the recent South African citizenship legis- lation has reduced to very narrow limits the preferential treatment in the matter of acquisition of citizenship which is to be accorded in South Africa to citizens of other Commonwealth countries.
SUMMARY
7. We ask our colleagues to agree :-
(1) That in principle legislation of the kind outlined in paragraph 2 above is necessary and should be passed before the new Indian Constitution comes into operation.
(2) That the Commonwealth Relations Office should be authorised to inform the Government of India of the general lines of the legislation which we have in view; to seek to elucidate their attitude on the nationality question; and to secure their agreement that persons of United Kingdom descent and connection who are qualified and desire to become Indian citizens can do so and retain their status as British subjects or United Kingdom citizens.
(3) That a final decision about the content of the Bill on the nationality question should be taken in the light of the outcome of these discussions.
234
23rd August, 1949.
A.
J.