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PUBLIC RECORD OFFICE

Reference :-

C.O. 882/10

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH--NOT TO

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SIR,

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No. 13.

COLONIAL OFFICE to CEYLON REFORM DEPUTATION.

Downing Street,.21st July, 1920.

I AM directed by Viscount Milner to acknowledge the receipt of your letter of the 30th June,* submitting certain additional observations supplementing the views presented to Lord Milner by the deputation of the 23rd June.†

2. I am to assure you that Lord Milner will give full consideration to the views of the Ceylon Reform deputation.

I am, &c.,

37063

No. 14.

G. GRINDLE.

EXTRACT FROM HOUSE OF COMMONS DEBATE, 28TH JULY, 1920.

LIEUTENANT-COLONEL AMERY: The Secretary of State has decided, after full consideration, to recommend to His Majesty that certain changes should be made in the Constitution of Ceylon, which will give a large measure of popular control over the Administration. To summarise the proposals involves a somewhat long reply which, with the honourable and gallant Member's consent, I ciroulate in the Official Report.

propose to

The following is the information referred to:-

Under the existing Constitution the Legislative Council of Ceylon con- tains only four elected members; the remainder being either official members or members nominated by the Government to represent separate com- munities. Further, the official vote is in a permanent majority on all questions. It is proposed to alter the Constitution of the Legislative Council in two directions. In the first place, there will be a considerable extension of the principle of popular election in the selection of members. In the second place, the unofficial members will be given a substantial majority over the official vote.

It is proposed that the reformed Council shall consist of 37 members exclusive of the Governor, who will preside. There will be 14 official mem- bers and 23 unofficial members. Of the unofficial members, in the first place 16, and as soon as suitable arrangements can be made, 19 will be elected by various constituencies. Eleven members will be elected on a territorial basis. The franchise and qualifications for candidates will follow the pro- posals of the Ceylon National Congress. Two members will be elected to represent the European community and one the Burgher community, as at present. One member will be elected by the Chamber of Commerce and one by the Low Country Products Association. As soon as arrangements can be made, the demarcation of constituencies and the preparation of registers for the Kandyan and Indian communities will be undertaken, but in the first instance two members will be nominated to represent the Kandyan and one to represent the Indian community. At present, one member will be nominated to represent the Mohammedan community. It has been thought impossible, owing to the wide distribution of the Mohammedans throughout the Island, to introduce any system of election for this community, but the Secretary of State will be prepared to consider any practical proposals to this end that may be laid before him in the future. In addition, the Governor will be given power to appoint not exceeding three unofficial members to represent such interests as in his opinion are not adequately provided for otherwise. It will be definitely laid down by the Secretary of State that nominated unofficial members shall not in any event be required to vote according to the directions of the Governor.

* No. 11.

↑ No. 8.

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It will thus be seen that the unofficial members will be in a majority of nine over the official members. The Governor will have both an original and a casting vote if he should choose to exercise it. In order to prevent the occurrence of a deadlock in any essential matter it will be provided that the Governor may declare that the passing of any measure is of paramount importance to the public interest, and that in such a case the measure may be carried by the votes of the official members. In every such case the Governor

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SIR,

will be required to report his action to the Secretary of State, and to explain his reasons. The Governor will also have power to stop the pro- ceedings of the Council in relation to any measure which he certifies to affect the safety or tranquillity of Ceylon. It is contemplated that these reserve powers will be used rarely, if at all, but experience has shown the necessity of a reserve power of this nature to prevent the administration being brought to a standstill, and somewhat similar provisions are contained in the Government of India Act.

As regards the Executive Council, the existing royal instructions provide for the appointment of any persons by the Governor in pursuance of instruc- tions from His Majesty through the Secretary of State, and the Secretary of State proposes, when the reformed Council is constituted, to advise His Majesty to instruct the Governor to appoint three unofficial members of the Executive Council.

No. 15.

CEYLON REFORM DEPUTATION to COLONIAL OFFICE. (Received 3rd August, 1920.)

[Answered by No. 17.]

Westminster Chambers, 1, Victoria Street, S.W.1, 2nd August, 1920. THIS deputation, after careful consideration of the statement submitted to the House of Commons on the 28th of July,* regarding constitutional reforms for Ceylon, beg respectfully to state that, in their opinion, the Government proposals fall so far short of public expectation that they are bound to cause grave dis- appointment in the Island. The disappointment will be most keen when it is found that Ceylon has not been considered worthy of a Legislature with a clear and sub- stantial elected majority, such as has been conceded to India and is now proposed for Burma, and that it has even been deemed necessary to increase the number of officials in the Legislative Council to counterbalance the few elected seats granted to the people. The deputation are not aware of anything in the past history of the Island to account for this apparent distrust. and will be grateful for an opportunity of dealing with any matter which might have militated against the legitimate aspirations of the people of Ceylon.

2. The proposed changes, it is submitted, will not in reality give the people any measure of control over the Administration. The scheme provides in the first instance for 11 members to be elected by the general public, 3 by special electorates, and 2 by bodies representing special interests. Even if all these members can be regarded as representing the interests of the country as a whole, they total only 16, as against 15 officials and 7 nominated members, making a total of 22 votes, apart from the Governor's casting vote. This preponderance of the official and nominated members over the elected representatives is in striking contrast to the constitution of the reformed Indian Councils. In accordance with the cardinal principle enacted by the Act itself, the supreme Legislative Assembly is to consist of 100 elected and only 40 non-elected members, while in the Provincial Legislative Councils as high a percentage of elected representatives is maintained. In the case of Burma, too, which the Government of India has described as possessing no electoral experience whatever, the authorities have proposed to grant it a Legis- lative Council with a clear majority of 20 elected members.

3. The deputation beg to state from past experience that nominated members cannot be regarded as a class which voices the public sentiments or supports the

* No. 14.

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