230
PUBLIC RECORD OFFICE
Reference :-
PETC.O. 882/11
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PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
The difficulties which you describe in your despatch have, of course, very commonly to be faced in all countries where the Legislature is under popular control, and particularly where appointments in the Public Service are so much sought after I understand that in India the discussion of individual as they are in Ceylon. appointments has frequently been a topic of absorbing interest in the Provincial Legislatures. No attempt has, so far as I am aware, been made to prevent such discussions, beyond the issue of warnings to members of the services that it is not in accordance with their duty to secure the agitation of their grievances by inspiring I should doubt the expediency of questions and resolutions in the Legislature. issuing a public instruction, as you suggest, prohibiting Heads of Departments from discussing the claims of their subordinates with persons unconnected with the Public Service; and in any event such an instruction would be almost impossible of enforcement.
In India, I understand, the difficulty has not become acute, in view of the facts that, owing to the arrangement of the Budget, it would be difficult for the Legis- lature to pick out one officer's salary for the purpose of refusing to vote it, and that the salaries of a large number of offters are not votable by the Legislature.
of
Should a concrete case arise in Ceylon of refusal to vote the salary of an officer because of disagreement with the selection made for a particular post, I should approve your making it clear to the Legislature that, under the existing constitu- tion, the Secretary of State is the final authority on all questions of appointment and promotion, and that when I have approved a particular appointment I shall be willing to support you in any action which you may think it necessary to take under Section LIV of the Order in Council to resist any attempt to nullify my decision.
I recognize, however, that the use of exceptional powers in individual cases of this nature would seldom he expedient; and I should be glad if any satisfactory I would suggest two possible general arrangement could be made to avoid it.
courses for your consideration.
(A) When the amendment of the Order in Council is under discussion, oppor- tunity might be taken to remove the salaries of the more important offices from the purview of the Legislative Council, i.e.. to deprive the Council of the right to alter an existing salary (except on the occurrence of a vacancy) without the Governor's
consent.
(B) It might be expedient to establish a Promotions Board, which should be a purely official body charged with the duty of considering the claims of officers to promotion and of entertaining representations from interested persons.
I shall be glad to have your observations on these suggestions.
I will deal separately with the particular case of the Assistant Directorship of Medical Services in due course.
C. 31930/27 [No. 1]
(No. 111.) SIR,
No. 3.
•
I have. &c.,
L. S. AMERY.
THE GOVERNOR to THE SECRETARY OF STATE. (Received 15th March, 1927.) [Answered by No. 8.]
Ceylon, 22nd February, 1927. WITH reference to Mr. (now Sir Cecil) Clementi's despatch No. 424 of the 27th June, 1925,* I have the honour to inform you that a draft Order in Councilt has been prepared by the Attorney-General, reproducing the substance of the Ceylon (Legislative Council) Order in Council, 1923, with certain more or less formal
amendments which are considered desirable.
2. I have consulted the Executive Council in the matter, and concur in the opinion expressed by the Members that it would be inexpedient to take any steps at the present time towards the actual introduction of an amended Order in Council. There is no public feeling at present in favour of any immediate amendment of the original Order in Council, and any steps in that direction, if taken now, would undoubtedly have the effect of arousing premature and unnecessary discussion on the subject of constitutional reform.
* 33076/25: not printed.
Printed as Appendix to this volume.
5
3. It would, however, be advantageous if the draft Order in Council could be scrutinized by your legal advisers, with the object of having the text of the amend- ments incorporated in the draft decided upon in advance and finally disposed of before any discussion concerning further reforms of the constitution is opened.
4. I therefore transmit the draft Order in Council, together with a copy of A copy of the letter Mr. Elphinstone's covering report and explanatory notes. from Sir Anton Bertram, dated 11th December, 1924, to which reference is made in Mr. Elphinstone's report, is attached, together with copies of the two letters from the Indian Association to which Mr. Elphinstone also refers in Note B.
5. As regards paragraph 2 (a) and (d) of the report furnished by Mr. Elphin- stone, I would mention that I have not consulted any Member of the Legislative Council in regard to any points arising in connexion with the draft Order in Council, as it is considered to be inadvisable to do so at the present moment.
I have, &c.,
HUGH CLIFFORD,
Governor, &c.
Enclosure 2 in No. 3.
SIR,
Colombo, 25th May, 1926. WITH reference to the letter (enclosed herewith) dated the 11th December, 1924, from the Chief Justice (Sir Anton Bertram) to His Excellency the Governor (Sir William Manning) pointing out various defects in the Ceylon (Legislative Council) Order in Council, 1923, and the various files containing suggestions for the improvement of the Order in Council which have from time to time been referred to me for advice, I have the honour to transmit herewith a draft Order in Council remedying the defects pointed out by the Chief Justice and embodying therein the suggested improvements so far as seemed practicable and expedient. The altera- tions required are so numerous that it is impracticable to effect them by an amending Order. I have, accordingly, drafted an amending and consolidating Order repro- ducing the substance of the old Order with the necessary alterations. The difference between the new and the old Orders are fully explained in the accompanying explanatory memorandum.
The only alterations of any political importance are:--
2.
(a) Article 3. defining “Indian." and Article 28 (1) (d), dealing with the literary qualification of Indian voters. The position is explained in my enclosed Note B. I suggest that a copy of the definition of "Indian and of Article 28 (1) (d) should be sent confidentially to both the Indian members for their comments.
(b) Article 7 (2) (a), making the precedence of a re-elected or re-appointed member date from the date of his original election or appointment, not- withstanding that an interval may have elapsed between his vacation of his seat and his re-election or re-appointment. Under the present Order (Article IX) a re-elected or re-appointed member retains his precedence only if he is re-elected or re-appointed immediately on the termination of his term of office.
(c) Article 7 (2) (c). giving the elected Vice-President precedence over all
other members at meetings of the Council.
(d) Article 18, altering the designations of members. I suggest that a copy of this Article should be sent to each member of the Legislative Council asking whether he considers the designation of the member for the constituency which he represents to he suitable.
3. As to paragraphs 3, 4 and 5 of the Chief Justice's letter, Articles 77. 91 and 101 (3) of the draft Order disqualify a candidate who has been unseated for a corrupt or illegal practice from sitting again for three to seven years according to the nature of the offence. Power to give relief against the consequences of corrupt and illegal practices is contained in Articles 92 to 94.
4. As to paragraphs 6 and 7 of the Chief Justice's letter, treating or undue influence by agents will now disqualify the unseated candidate from sitting again for seven years under Articles 101 (3) and 77 (1) of the draft Order.
5. As to paragraph 8 of the Chief Justice's letter. abetment of personation by the candidate's agent will avoid the election under Articles 101 (3) and 77 of the draft Order.