Serial No., From or to whom, Despatch No., &o., and Data,
1924
52 India Office
January 8
Transmits copy of a letter from the Government of India enquiring how matters now stand in regard to the political position of Indians under the new scheme of constitutional reforms
1924
70
67 To the Governor
252
May 0
53 To India Office
January 14
Gives the information asked for in No. 52
70
54 To the Governor
Miscellaneous
January 22
Transmits, with observations, copies of the Ceylon
(Legislative Council) Order in Council, 1928
68 The Governor
263
71
April 22 (Rec. May 12)
55 The Governor
Confidential
January 21 (Rec. Feb. 11)
States that, for the reasons indicated, the proposal for the establishment of an Executive Committee must fall to the ground. Submits observations on the alternative scheme referred to in No. 49, and con- siders that it may be given a trial
72
69 To the Governor
Confidential
56 The Governor
Telegram
February 16 (Rec. Feb. 16)
States that Order in Council was published in Gazette
of 16th February ...
***
May 12
78
1
57 The Governor
Telegram
February 23 (Rec. Feb. 28)
Asks that Order in Council may be amended in the manner indicated owing to the exceptional position of the town of Nuwara Eliya, and for permission to announce locally that such amendment is in con- templation
70 To the Governor
295
May 22
78
71 The Governor
901
58 To the Governor Telegram
February 20
States, in reply to No. 57, that announcement of pro-
posed amendment may be made
April 80 (Rec. May 28)
78
+
...
59 The Governor
Telegram
March 11 (Boo. March 11)
Communicates telegram from the Executive Com- mittee, Ceylon National Congress, urging publication of proposals regarding the reform of the Executive Council prior to election of the new Legislative Council. Does not recommend that this request be granted
72 The Governor
812
(Rec. June 2)
78-
་་
Subject and Page No.
405
78 To the Governor
Telegram
79 The Governor
Telegram
May 8
June 10
July 24
September 18
September 22 (Rec. Sept. 22)
Acknowledges No. 65, and requests that Ceylon National Congress may be notified of receipt of Resolutions
+
www
78
Transmite, with observations, copy of a Resolution passed by the Lowcountry Products Association of Ceylon on the subject of the absence of any provision in the Ceylon (Legislative Council) Order in Council, 1928, for the allotment of any seat to that Associa tion, and of the retention of the seat for the Com- mercial Electorate
231
Expresses satisfaction in the decision conveyed in No. 55, to give the alternative scheme set out in No. 40 a trial, and remarks upon the disposal of the three nominated unofficial seats in the Legislative Council
---
***
"
Sces no reason to accede to request contained in No. 59 and leaves date of publication of Governor's pro. posals to his discretion
Transmite copy of the proceedings of a meeting of Committee Members of the Malay Political Associa tion, held on 28th February, and invites riference in this connexion to No. 40, to which there is nothing to add
Transmite copy of a letter from the President of the Ceylon Indian Electorate Association forwarding copies of three Resolutions passed at a public meeting of Indians in Colombo, on 16th March, to- gether with copy of reply which was sent to the Association indicating that the Governor has decided that there should be no changes in the literary qualifications of Indians...
4
79
80
80
09
81
Concurs in terms of the proposed reply to the Ceylon
Indian Electorate Association conveyed in No. 72... 88 States that after the forthcoming elections are over it is proposed to appoint a Committee to consider definition of term "Indian" and that this Com-1 mittee will possibly deal with the question of the language qualification of Indians for the franchise ... Transmite a memorial by H. M. D. Hussainee regard- ing the Indian seats in the new Legislative Council. and recommende a reply in the negative to the request set out therein
States that Legislative Council was dissolved on 20th August and asks that steps be taken for nomination of officers referred to in paragraph 3 of No. 62, with the exceptions specified ...
Given names of members of Executive Council whose appointments ceased on 28th August and recom- mends their immediate re-appointment, except Sir A. Kanagasabai, whose noraination must be deferred until result of elections is known
States that His Majesty has been pleased to issue instructions for the appointment of the officers indicated to be nominated members of the Legislative Council and proposes, if agreed, to issue instructions at the same time for the appointment of Messrs. Stockdale and Bridger, leaving it to the Governor to appoint Provisional Members during their absence
Agrees with proposals in No. 78...
83
83
85
83
85
83
60 Mr. Dadhabhoy Nusserwanjee
Telegram
(Rec. March 17)
61
The Governor
170
March 10 (Rec. March 81)
Communicates Resolution passed at a public meeting of Indians in Colombo deprecating qualification for franchise being confined to English, Sinhalese and Tamil to the exclusion of other Indían languages ...
Confirms No. 56 and forwards copies of Proclamation which appeared in a special issue of the Government Gazette
74
79 To the Governor
838
74 The Governor
74
979
...
+
www
May 28 (Theo. Jude 16)
62 The Governor
Confidential
March 10
(Rec. March 81)
Submits names of seven officers whom it is proposed to appoint as nominated official members of the new Legislative Council.
If approved, asks that the appointments may be submitted to His Majesty
74
78 The Governor
520
63 To the Governor
187
April 2
Transmits for observations, copy of No. 60, and asks that the senders be reminded of the proper channel of communication. Subject to the Governor's observations, it is not disposed to entertain the request
(Rec. Aug. 11)
75
70 The Governor
Telegram
September 4 (Rec, Sept. 5)
64 The Ceylon Indian Electorate
Association
March 21 (Bec. April 15)
Confirma and amplifies No. 60, and encloses copy of Resolutions passed at meeting of Indians on 16th March, 1924
76
77 The Governor
Telegram
65 The Governor 228 ...
...
Forwards copy of Resolutions passed at the Inst sessions
of the Ceylon National Congress
September 16 (Rec. Sept. 18)
78
66 To the Governor
Confidential
March 31 (Rec. April 22)
April 20
States that as soon as Proclamation has been issued bringing the present Legislative Council to an end, His Majesty will be approached with a view to the issue of instructions for the appointment of the officers mentioned in No. 62, to be nominated members of the new Legislative Council
78
PUBLIC RECORD OFFICE
Reference :--
C.O. 882/10
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDONPage 421
406
Serial No., From or to whom, Despatch Na, ka, and Date,
80 The Governor
81
Becret
1924
***
September 16 (Rec. Oct. 7)
The Governor
Telegram, Confidential
October 11 (Rec. Oct. 11)
vii
Subject and Page No.
States manner in which it is proposed to give effect to the decisions of the Secretary of State regarding the constitution of the Executive Council...
States that, subject to approval, a seat in Executive Council has been offered to Mr. K. Balasingham, Tamil member, and has been acceptel. Has in- formed number of elected members that their proposal that no further steps be taken to appoint two members of Executive Council to be selected from number of elected members until their new Council hus settled down, is accepted. Requeste authority for action and that Mr. Balasingham's appointment may lie in abeyance for present
86
87
24379
CEYLON.
CORRESPONDENCE.
[February, 1925, to April, 1995]
CONSTITUTION OF CEYLON.
No. 1.
THE SECRETARY OF STATE to THE GOVERNOR. [Answered by No. 24.]
Downing Street, 18th June, 1923. YOUR Confidential despatch of the 23rd April, covered the report of the debate in the Legislative Council on certain proposals for the further reform of the constitution of Ceylon.
BB
(Confidential. “A”)
82 The Governor
Telegram, Confidential
October 11 (Rec. Oot. 11)
States that he has appointed, subject to approval, Herman Albert Loos to be nominated member to fill third nominated seat in Legislative Council
SIR,
87
1
83 To the Governor
Telegram, Confidential
Approves proposal in No. 82
October 14
84 To the Governor
Secret
Approves proposals in No. 81
October 28
85 The Governor
778
November 8 (Rec. Nov. 24)
Reports that former Legislative Council ceased to exist as from 29th August, and that the reconstituted Council was formally established on 15th October ... Submits report on the first general election held under the Ceylon (Legislative Council) Order in Council,
89
88
86 The, Governor
Confidential
27 The Governor
H
November 6 (Rec. Dec. 1)
Telegram, Confidential
,December 8 (Rec. Dec. 8)
AB To the Governor
Telegram, Confidențial
December 18
1925
89 Mr. H. J. Temple
February 9
192-8
***
87
States that a seat in the Executive Council has been offered to Mr. A. C. G. Wijeyekoon, and asks that Mesars. Balasingham and Wijeyekoon may now be appointed. They will then resign seats as elected members of Legislative Council and be appointed as nominated members
+4
...
Conveys His Majesty's instructions for the appoint- ment of Mesars. Balasingham and Wijeyekoon to be members of Executive Council, and for their appoint. ment to be nominated unofficial members of the Legislative Council on their resigning their seats as elected members
Transmita report of speech made by Mr. Leefe, President of the European Association, at a dinner, when unofficial members of the new Legislative Council were invited to meet members of the Council of the European Association. Reports on the satis. factory relations between the races in Ceylon; and encloses a newspaper report of the speech of the new President of the Ceylon National Congress, at the Annual Meeting of Congress
91
91
02
90 The Governor
Confidential
March 14 (Rec. April 7)
Reports on the results of the By-elections for seats on
the Legislative Council
98
APPENDICES.
1. Draft Order in Council submitted by the Governor of Ceylon in No. 21.
2. Ceylon (Legislative Council) Order in Council, 1998, passed by His Majesty in Council
on 19th December, 1923.
So far as the proposals dealt with the future constitution of the Legislative Council I have conveyed to you my views in my Confidential despatch of even date.t I now propose to deal with the Resolution moved by the Honourable Mr. De Mel in the following terms :-
That three territorially-elected Members be appointed to the Executive Council as Ministers in charge of auch Departments as may be decided upon by this Council."
In the discussions which have taken place on this and similar proposals I think that there has been inadequate appreciation of the relations at present existing between the Governor, the Executive Council, and the Legislative Council and of the difficulties which surround any attempt to vary those relations pending the grant of some form of self-government.
Members of the Executive Council hold their places, not as heads of particular departments, responsible for the conduct of those departments, but as general advisers of the Governor, in whom the executive power resides. This applies equally to official and unofficial members, even though the former may be (outside the Council) at the head of particular departments; those departments are just as much under the executive control of the Governor as the departments not directly represented on the Executive Council.
It will, however, of course be realized that, while the Governor possesses full executive power, he must necessarily shape his policy in general accord with the views of the Legislative Council, save in matters in which it may be his duty to exercise the reserve powers given him by Clause 52 of the Order in Council of 1920. It follows from this relationship that at present an unofficial member of the Executive Council, as he sits only in a general advisory capacity, may on certain questions be at liberty to oppose in the Legislative Council the policy of the Governor; and indeed the debate to which I have referred at the beginning of this despatch furnishes an example of such an incident. As soon, however, as a member
of the Executive Council is regarded as responsible for a definite branch of administration it is clear that, on all questions connected however remotely with that branch, he must accord full support to the Governor's policy, or resign his seat if his views do not commend themselves to the Governor in the Executive Council. In such circumstances he must be responsible for his administration to the Governor along, and not to the Legislative Council; and this relationship must necessarily exist unless full responsible self-government, or some form of dyarchy is established. For the former I cannot admit that Ceylon can be ripe for many years to come; and the latter I do not consider adapted to the circumstances of the Colony, in which the principle in any case appears to obtain no support.
It follows from the foregoing that the Governor must retain full power to select. members of the Executive Council under the provisions of the existing Royal
* No. 7 in Cmd. 1900.
No. 1 in Cmd. 9082.
B