Printed for the Cabinet. November 1949
Page 640
325
Copy No. 31
SECRET
C.P. (49) 234
14th November, 1949
CABINET
INDIA (CONSEQUENTIAL PROVISION) BILL
Note of Discussion with Sir Girja Bajpai
MEMORANDUM BY THE SECRETARY OF STATE FOR COMMONWEALTH RELATIONS
As decided by the Cabinet at their meeting on 7th November (C.M. (49) 64th Conclusions, Minute 2) officials of the Departments concerned met Sir Girja Bajpai on 9th November. It appeared that he had been informed from Delhi that the Indian Cabinet wished to consider the various questions which, were dealt with in the Aide-Mémoire communicated to him in October, a copy of which was attached to C.P. (49) 224, after the return to India of Pandit Nehru, and there- fore that he was not able to say what the views of the Government of India would be.
2.
.
1
*
It was explained to him that the information received from Delhi that the Government of India were likely to enact a citizenship law early in the New Year and the very short time availabl
in which legislation could be considered by Parliament in the United Kingdom, had led Ministers here to take the view that the proposed Bill should simply be a holding Bill, and that any legislation which might be necessary to bring United Kingdom nationality law into line with the new position of India should be left over for the time being. Sir Girja expressed the view that the Government of India were themselves likely to be impressed by the difficulty of reaching definite decisions on these complex issues at a time when they were fully occupied with other matters, notably the bringing into operation of their new Constitution. He thought, therefore, that the proposal would be acceptable to them provided that the non-foreign position of Indians in the United Kingdom and the Colonies could meanwhile be safeguarded.
.
3. An agreed record of the conversation is attached (Annex A). It will be seen that it was explained to Sir Girja. that the effect of such a Bill as was now contemplated in the United Kingdom would be that Indian citizens would continue to be British subjects in the contemplation of the law of the United Kingdom and Colonies. Sir Girja thought that, even so, he would have a good chance of persuading his Ministers to accept this position as a temporary situation pending nationality legislation both here and in India.
4. The opportunity was taken, as desired by Ministers, to mention to Sir Girja Bajpai that the effect of continuance of the existing situation would be that Indians would remain liable to be called up for National Service in the United Kingdom. On the understanding that persons temporarily resident in the United Kingdom, such as students, were normally exempt and that in the event of war breaking out the Government of India would be consulted before Indians were conscripted, Sir Girja thought that continuance of the existing position would not be likely to cause difficulty provided that public discussion of it could be avoided or kept to a minimum.
5. Sir Girja has decided to report the conversation personally on his return to India on 14th November..and not to telegraph about it.
3785 Page 640 of 1097
He was warned of Page 640 of 1097
2