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35477

(No. 318.)

40

No: 30.

THE GOVERNOR to THE SECRETARY OF STATE.

(Received 14th June, 1919.)

MY LORD,

Ceylon, 17th May, 1919. I HAVE the honour to lay before you the proposals for constitutional reform, which, after very careful consideration and full discussion in the Executive Council, and after taking into deliberation the views expressed upon the subject by all the sections of the community who have laid their ideas before me, I think will give that step in advance in political reform which, as your Lordship will be aware, has for some time past been urged upon yourself and upon myself and my prede- cessors in this Government.

2. I have endeavoured to bear in mind certain of the recommendations of the -Montagu-Chelmsford report upon Indian constitutional reforms as applicable to this Colony..

3. The Legislative Council of Ceylon, as at present constituted, resembles that of the Viceroy's Council in India, and provides for a Government majority on all matters.

The difficulty has been, in endeavouring to frame a Constitution for Ceylon, to provide for a Government majority on such matters as it is requisite that such a majority shall be available, and at the same time to give to the elected side of the Council a considerable voice and distinct responsibility in matters which I will call domestic affairs-and which more closely resemble those subjects with which the Provincial Governments in India deal.

4. As will be seen, I have endeavoured to provide for a Constitution which will give the Government of this Colony complete powers of control over those subjects which it is essential that it should maintain control, while at the same time giving the representatives of the people a large measure of control over and responsibility for those matters which in India would be dealt with mainly in Pro- vincial Legislatures, and which here could be designated as domestic affairs.

5. I propose that there shall be a Legislative Council, composed of, on the Government side, six ex officio members, fourteen official nominated members and unofficial nominated members, total twenty; while on the other side there shall be seventeen elected members, two nominated members in such cases where election for clear reasons would not be possible, total nineteen. I will later on detail the composition for both sides of the Council.

6. It will be observed that I retain a Government majority of one, but I further propose that the Governor shall have a casting vote in the case of a tie on a division.

7. In order, however, to give the elected side of the Council that control and responsibility for legislation which I have already referred to as domestic (or, as in India, provincial) legislation, I propose that provision shall be made that upon a division in the Legislative Council taken with respect to such legislation, should thirteen of the elected side out of the nineteen on that side vote against any Bill, then that the votes of the Government side of the Council will not be taken, and conse- quently the measure will not be passed. If, however, a less number than thirteen vote against such a measure, then the votes of the whole Council will be taken.

I hold that such a provision will give to the representatives of the people a very substantial measure of control over, and responsibility for, affairs which may be said to be of a domestic character.

8. The definition of what may be termed domestic legislation will, however, require setting out, and should be left to the Governor to decide. Such legislation should not, however, come under any of the following heads :-

(1) Financial.—Including Bills for revenue purposes and expenditure. It is necessary, however, to point out here that as regards expenditure there is conati- tuted in Ceylon a Finance Committee of the Legislative Council, where the unofficial side of the Council is in a large majority, and I should propose to continue that system.

(2) Police. Their establishment, discipline, organization, etc. (3) Garrisons—and all matters of a military nature.

41

The above specially excepted subjects, as well as all other subjects not falling within the definition of domestic legislation, are to be considered as subjects," and will be dealt with by the whole Council.

reserved

9. In order, however, to ensure Government being able to pass legislation of an urgent nature, or of paramount importance, the Governor shall have power to certify that certain Bills are (1) of urgency for certain reasons; (2) of paramount importance-as essential (a) for the proper discharge of the Governor's respon- sibility; or (b) for the good order and proper government of the Colony; or (c) for the maintenance of the good faith of the Government. importance may fall either within the sphere of domestic or reserved subjects, and Matters of paramount it is proposed that the procedure in such a case shall resemble that as proposed in similar circumstances in the report on Indian constitutional reforms :---

(a) In any such case the Bill shall be certified by the Governor as of urgency or of paramount importance, and published as such in the Government Gazette.

(b) Such a Bill shall be introduced and read for a first time in the Legis

lative Council;

(c) Shall be read a second time, and its general principles discussed: (d) Shall be referred to a Grand Committee.

(e) In all stages, while the Bill is before the Legislative Council, the vote

only of the Government side of the Council shall be taken.

The composition of the Grand Committee shall be forty to fifty per cent. of both sides of the Legislative Council, with a Government majority of two-thirds. As regards the members of such Grand Committee from the elected side of the Council, they may be chosen by election, open or by ballot, among the members on the elected side of the Council. from the Government side of the Council, they shall be nominated by the Governor, As regards members of such Grand Committee who shall preside over such Grand Committee, and who, in the event of a tie, shall have a casting vote.

be:-

The procedure after such a Bill has passed through Grand Committee shall

(a) The Bill to be reported to the Legislative Council.

Discussed in Council within a time limit to be specified by the President. No amendment to the Bill to be made except upon the motion of a

member of the Executive Council.

(d) The Bill will be read a third time and passed.

During the passage of the Bill through the Council, either with or with- out amendment, the votes of the members on the Government side of the Council only will be taken.

The Legislative Council, however, immediately after the passing of the Bill may record by resolution, to be moved and passed without debate, any objections felt (1) as to the principles of the Bill; (2) as to the details of the Bill as com- prised in any particular section or sections. Such resolution will be transmitted to the Secretary of State.

10. Though ample provision is made in the preceding paragraph for safe- guarding the passing of a measure in the circumstances described, it is to be expected that the occasions for exercising such powers will be rare, and will only be used in very exceptional circumstances.

11.

In regard to Bills which may be introduced by a member of the elected side of the Legislative Council, it is necessary to provide likewise certain safe- guards to prevent the passing of such Bills as may be for various reasons undesir- able. In such a case it shall be provided that a member of the Executive Council may challenge such a Bill at any stage on the grounds that the whole, or any part, of such a Bill on its introduction, or any amendment thereto, when moved, is such that the Bill should not be proceeded with. Upon such a challenge the Governor may then decide :-

(1) To allow the Bill to proceed in Legislative Council, or

(2) To certify the whole Bill, or

(3) To certify a certain clause, or to be such that it (or they) should not

certain clauses, or

(4) To certify any amendment,

or amendments,

be proceded with, and shall decline to

aflow it (or them), to be discussed, or

PUBLIC RECORD OFFICE

I. I b b b

Reference :-

C.O. 882/10

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH--NOT TO