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While there was general agreement on certain main lines of reform, there was no unanimity on other important points. It was clear to me that the time had come when some reform of the existing Constitution of Ceylon was both necessary and desirable. I have, however, felt the necessity of advancing by stages, and of not taking any step which it might be incumbent on me to retrace in the future.

3. The views expressed to me have been, in the main, those of the wealthy and professional classes of the Colony. Their demand is for a popularly elected legislature with wide powers. I am satisfied that a considerable extension of the principle of popular election in the selection of members of the Legislative Council is desirable, and that, in order to avoid the creation of an oligarchy representing only the wealthier and better educated classes it is necessary that a reasonably wide franchise should be granted. But only experience can show whether the body of the people have as yet sufficient education and political experience to make effective use of the franchise so as to secure proper attention to their vital interests. Until we have had some opportunity of judging of the practical results of the new system, it is necessary to retain certain safeguards, to ensure the maintenance of "good administration and fair play as between all classes and races. Subject to the retention of these safeguards, however, it is desirable to interfere as little as possible with the management by the people of their own affairs. Under the new Constitution, therefore, the unofficial members of the Legislative Council will have a substantial majority, and the bulk of them will be elected by popular constitu- encies with a wide franchise. It will, at the same time, be distinctly laid down that such unofficial members as will still be nominated and not elected are per- fectly free to speak and vote as they think right and in no way bound to take directions from the Governor.

4. I enclose copies of an Order in Council which His Majesty has been pleased to issue to give effect to these proposals. It will be observed that the reformed Council is to consist of thirty-seven members, exclusive of the Governor, who will preside and have both an original and a casting vote. In the case of the unofficial members, who will number twenty-three, the principle of popular election will be extended as far as possible. Eleven members will be elected on a territorial basis, the franchise and qualifications for candidates following the proposals of the Ceylon National Congress. Two members will be elected by the European com- munity, one by the Burgher community, one by the Chamber of Commerce, and one by the Low Country Products Association.

5. For the present the representatives of the Kandyan, Indian, and Moham- medan communities will be nominated. No other course is in fact practicable at the present time. I am anxious, however, that you should give your careful con- sideration to the question whether the Kandyan and Indian communities, and perhaps the Mohammedan also, cannot be formed into constituencies, so that it may presently be possible to have recourse to election, in lieu of nomination, for the appointment of their representatives.

6. It was not without considerable hesitation that I decided to accede to the application of the Kandyan community for separate representation. I am satis- fied that there is a strong feeling amongst this community that their interests are essentially different from those of the Low Country Sinhalese and the Tamils, and that these interests would not be sufficiently safeguarded if the Kandyans had to rely on securing the election of their representatives in territorial constituencies. I have deferred to this feeling, as I did not wish to prejudice the success of the I should be reforms by alienating the sympathies of this large community. Ieluctant, however, to maintain this differentiation between communities of such similarity in other respects unless there were strong grounds for doing so; and I have some hope that, as political experience is acquired by the Kandyan community, the necessity for this differentiation may disappear. In that event it may ulti- mately be possible to abandon the distinction, and to absorb the Kandyan constitu- encies in the territorial divisions.

7. It will be observed that the Order in Council gives power for the appoint ment of not more than three unofficial members to represent such interests as, in the Governor's opinion, are not adequately provided for otherwise.

8. Having regard to the fact that there will in future be an unofficial majority in the Legislative Council and that the Government may thus at any time find itself in a minority, it is necessary to provide against the possibility of a dead-lock

• Not reprinted.

affecting some necessary function of government. While doing its best, as under the new conditions it necessarily must, to work in harmony with the majority of the Council and shape its measures so as to gain their support, the Government must in the last instance have the power to ensure the passing of measures essential to the carrying on of the administration. The Governor will, therefore, have power, under section 52 of the Order in Council, to declare any bill, clause, amendment. resolution or vote before the Council to be of paramount importance, and, in any such case, only the votes of the official members will be recorded. Further, under clause 51, the Governor may declare that any bill, amendment, or resolution intro- duced or proposed to be introduced, affects the safety or tranquillity of the Island or any part of it, and may direct that no further proceedings shall be taken by the Council in relation to the matter.

9. I do not anticipate that there will be much occasion for using these reserve [owers, but experience, under similar conditions elsewhere, has shown the necessity of such provisions to prevent the administration being brought to a standstill.

10. They are essential to the transitional stage between direct government by the Crown and complete Parliamentary control. Subject to the existence of these reserve powers, the unofficial members of the Council, the majority of whom will be elected by popular vote, will have the deciding voice in legislation, and will. if agreed among themselves, be able to give effect to their views. This is a great advance in the direction of popular control as compared with existing conditions. I trust that the unofficial members in exercising their new powers will give proper weight and consideration to the views of the official members, whose experience of administration must necessarily for some time to come be greater than their own, and that the official members, on their side, will realize the necessity of holding their own in debate and winning support for the measures they may advocate by full explanation and effective argument.

11. As regards the Executive Council, His Majesty has been pleased to approve of the issue of amending Letters Patent and Royal Instructions under which it will be possible to reduce the number of official members of the Executive Council and to appoint unofficial members to the Council. I request that as soon as the new Legislative Council has been constituted you will submit to me your recommendations for the appointment of three unofficial members of the Executive Council.

12. It is manifest that a constitutional settlement of this nature cannot be final and that it will be necessary from time to time to review the position, and to make such further changes as experience may suggest. I shall be ready, when the new Constitution has had a reasonable trial, to consider any proposals for its amend- ment, and should certainly rejoice if the degree of popular control now introduced were productive of such good results in practice as to justify its extension.

I have, &c.,

40246

SIR,

No. 19.

MILNER.

COLONIAL OFFICE to CEYLON REFORM DEPUTATION.

Downing Street, 20th August, 1920. I AM directed by Viscount Milner to acknowledge the receipt of your letter of the 11th August,* on the subject of constitutional reforms in Ceylon; and to state that the power proposed to be given to the Governor to direct that no proceed- ings or that no further proceedings shall be taken by the Legislative Council in relation to any Bill or matter which he may certify to affect the safety or tranquillity of the Colony is taken direct from the Government of India Act.

2. While discretion must be left to the Governor in the exercise of this power, there is no reason to anticipate that it would be used to stop free discussion unless such discussion would be clearly detrimental to the interests of the Colony.

I am, etc.,

H. J. READ.

* No. 16.

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I, KITEL

Reference :-

CO. 882/10

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NUT TO

PUBLIC RECORD OFFICE, LONDON

PUBLIC RECORD OFFICE

38817

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