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to Sir Rage 508af97 in India in order thage 508 afi1997might also be provided with the comments of the Indian Government Departments concerned before his return to London. A draft Bill has meanwhile been prepared by Parliamentary Counsel, in consultation with the Commonwealth Relations Office and the other United Kingdom Departments concerned, indicating the legislative provision which will be required if the United Kingdom proposals are accepted by the Government of India. A copy of this Bill is also attached.
4.
5.
(a)
(10)
(c)
It will be seen that the draft Bill provides
That after the establishment of the Republic of
India citizens of India shall not be British subjects, though the expression "Commonwealth citizen" shall nevertheless continue to include citizens of India, It will be necessary to obtain a definite indication of the desire of the Government of India in this respect, and it is hoped that they will agree that the term
Commonwealth citizen" may continue to be so applied. It is not considered that there would be the least prospect of their agreeing to the continuation of the status or description
British subject". The descriptions "British subject" and "Commonwealth citizen'i have in fact the same meaning under the British Nationality Act, 1948.
That the existing law of the United Kingdom and
Colonies should continue to have effect in relation to India and persons and things appertaining to or connected with India as it would have had had India not become a Republic". This would restore de facto the position altered by the decision that Indians should cease to be British subjects; would cover Indian ships, goods and aircraft; would give to the Government of India in this country all the exemptions which the Crown enjoys (for example, freedom from taxation on property).
and
That persons resident in India who can prove both
close association with the United Kingdom and descent in the male line fron a United Kingdom or Colonial ancestor, but who may be unable to conform with the other requirements of the relevant provision of the British Nationality Act, 1948, may nevertheless be registered as United Kingdom citizens, since otherwise such persons would lose their British nationality.
It is hoped to persuade the Government of India to agree that a United Kingdom citizen may also, if qualified, possess, or continue to possess, Indian citizenship, even if he acquires United Kingdom citizenship voluntarily. It is proposed, in the course of discussion with Sir Girja Bajpai, to make clear that the normal doctrine of master nationality will apply, i.e. when in India a person having dual citizenship will be primarily an Indian citizen and when in the United Kingdom and Colonies he will be primarily a United Kingdom citizen. It is important that this principle should be estab lished because many Indians in the Colonies will have dual citizenship. It will be necessary also to confirm that the Goverment of India will not raize objection to the continuance of the practice of 1097
br, which Indians resident in the United Kingdom over two 598
with certain exceptions, Iable to con- scription in the United Kingdom forces: this question is dealt with in detail in C.P. (49) 218.