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of Indian influence. Geographical proximity and affinities of culture and race make it impossible that Ceylon and South India should subsist side by side in mutual isolation. We have been contending for equality of political status and of economic opportunity for Indians upon several occasions even in Crown Colonies in Africa. We are sure His Majesty's Government do not expect us to be satisfied with lower status in neigh- bouring Asiatic Colony, a result which would seem to follow from application to Ceylon of principle which holds the field in South Africa.

4. On hardship of requiring Indians of labouring class to make declaration of intention to reside permanently in Ceylon or to renounce our protection and special statutory privileges, we have already commented. Majority of assisted emigrants have no intention of settling down in Ceylon, although they spend greater portion of their active life in the Island. True criterion for determining their eligibility for franchise is their life-long service to Ceylon, not duration of their stay there. If time must enter into fixation of qualification of voters, period of residence recommended by the Donoughmore Commission is in our opinion adequate, nor can this class of person reasonably be asked to renounce the privileges such as those secured for him by Indian Labour Ordinance No. 27 of 1927; they mean much to him. The vote he would use to ameliorate his position which admits of considerable improvement.

Part 6.

5. Renunciation of our protection would not be objected to by us if we were sure that possession of vote would be effective substitute for our solicitude. That stage would be reached only when number of Indian voters is sufficient to enable them to influence our policy. It seems to follow that adoption of Donoughmore proposal would lead more rapidly to stage when we can readily abandon our protective role than substitution for it of Governor's proposal.

6. We hope that we have made out convincing case for question being recon- sidered immediately, Postponement would have (? serious) repercussions on political opinion in India, and on amicable relations that have existed for centuries between this country and Ceylon. You know how new Indian nationalism regards treatment of Indians in other parts of the Empire as acid test of Empire's friendship for India. Again as you will see from report of Debate on Kunzru's resolution which is being sent by air mail, practically every non-official speaker described franchise proposal as humiliation and an affront.

Part 7.

Unless something is done promptly to remove this impression, feeling in India will be greatly embittered, and we shall be faced with strong demand to stop emigra- tion for unskilled work to Ceylon. This we are naturally anxious to avoid. We, therefore, strongly urge that question of basing franchise on 5 years' continuous residence subject to limitation(s) proposed by Donoughmore Commission be re-exa- mined. Best method of doing so would seem to be appointment of Committee for eliciting how such residence could be satisfactorily proved and documentary evidence of it made available to those who can provide requisite evidence. Once the criteria of proofs have been determined, it should not be difficult to ascertain how many non- Ceylonese would qualify for franchise under this test, and we should be very much surprised if in respect of Indians estimate proved higher than our rough figure of 300,000.

7. As regards retention of existing franchise qualifications as an alternative to our proposal discussed in preceding paragraph, we have no objection.

No. 91.

C. 73230/30 [No. 24].

THE SECRETARY OF STATE to THE GOVERNOR.

(Confidential.)

SIR,

Downing Street, 8th March, 1930.

C

In connexion with the draft of the Ceylon Constitution Order in Council, my British subject" under attention has been drawn to the fact that the definition of Clause 3 (1) would not include persons from the Native States of India, who would

1-kä

therefore be excluded from the franchise. Under Clause 21 (1) of the draft Order, I propose therefore that the draft should be amended to read as follows:-

"British subject' means any person who is a British subject under the provisions of the British Nationality and Status of Aliens Acts, 1914-1922, any person who has been nationalised under any enactment of a British Possession, and any person who is a British protected person, as hereinafter defined. (2) British protected person' includes any person who is a native of the territories of any Native Prince or Chief under the suzerainty of His Majesty exercised through the Governor-General of India or through any Governor or other officer subordinate to the Governor-General of India and is resident in Ceylon."

I have, &c.,

6

C. 73230/30 [No. 25].

No. 92.

Tue GOVERNOR to THE SECRETARY OF STATE. (Received, 11.35 p.m., 10th March, 1930.)

TELEGRAM.

PASSFIELD.

10TH MARCH. Your telegram 4th March.* Franchise proposals as set forth in my despatch 2nd Junet and adopted in paragraph 10 of your despatch 10th Octobert were, to the best of my belief, the decisive factor in securing majority of unofficial Members for acceptance of the whole constitutional scheme. Any substantial modi- fication which would admit to franchise Indians unable to satisfy standard requirements of either domicile or property plus literacy, while leaving them entitled to status privileges and exemptions not enjoyed by indigenous population, would be regarded as breach of faith and would be the more strongly resented as those Sinhalese members who voted for acceptance would be exposed to taunt that they had walked into a cunningly baited trap. Certificate of permanent settlement was a device introduced solely in order to assist Indians who could not satisfy standard requirements mentioned above or who might find it difficult to establish claim thereunder. It was intended as a special concession to facilitate their enfranchisement and would not have been agreed to here unless condition had been attached to emphasize that Indians admitted to franchise without satisfying the standard requirements would be prepared to be treated as Ceylonese. These conditions seem to me perfectly reasonable, but if the Government of India dislikes them I should see no objection to deleting the whole provision of certificate of permanent settlement and thus leaving Indians in precisely the same position as all other British subjects inhabiting the Island, viz., eligible for franchise in virtne of (a) domicile of origin or if not of origin subject to five years' residence, or (b) property plus literacy. This would enable much large number of Indians to qualify than could have qualified under residential test of Donoughmore Report supplemented by literacy test to which, when adopted by the Legislative Council, Government of India so far as I am aware, did not contemplate taking exception.

0.73230/30 [No. 26].

No. 93.

THE GOVERNOR to THE SECRETARY OF STATE. (Received 5.28 p.m., 12th March, 1930.) TELEGRAM.

12TH MARCH. Following from Ceylon National Congress :-

Begins Strongly protest against any attempt to modify Lord Passfield's proposals regarding Indian franchise. Acceptance of new Constitution mainly due to Lord Passfield's proposals in this respect. Any alteration now would be considered as serious breach of faith by country and will jeopardize any chance of successful working of constitution.-Ends.

* No. 89.

+ Cmd. 3419.

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