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PUBLIC RECORD OFFICE

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Reference :-

TITIT CO. 882/10

PUBLIC RECORD OFFICE, LONDON

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

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for it is clear that owing to the grouping of the different constituent parts of the population the basis of representation would remain communal even though the constituencies may be on a territorial basis. The chief result of giving predomin- ance to a territorial basis of election would be that (a) the Low Country and Kandyan Singhalese and Ceylon Tamils could in certain constituencies respectively ensure the election of candidates of their particular races, while the other com- munities, owing to the manner in which they are spread over the Colony, could not do so; and (b) the Low Country and Kandyan Singhalese could obtain an overwhelm- ing proportion of electoral power and reduce all the other communities, severally and collectively, to political impotence.

6. The Constitution created by the Ceylon (Legislative Council) Order in Council provides for 14 Official members and 23 Unofficial members, and in the present Council the latter class are composed of :-

1 Indian

1 Mohammedan

2 Burghers

3 Tamils

3 Europeans

11 Low Country Singhalese.

23

2 Kandyan Singhalese

It follows, therefore, that while Government cannot carry a measure, except under clause 52 of the Order in Council, in the face of the united opposition of the Unofficial members, no single community can impose its will upon the other communities.

7. I now propose to discuss, seriatim, the various suggestions contained in Mr. Peiris' motion, and in doing so, to give the most careful consideration to the views of the Elected Members of the Council in fulfilment of a promise to that effect made and repeated by me on more than one occasion.

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A. SUGGESTION I.

(1) That the Legislative Council should be reconstituted, so that, with due safeguards for minorities, it should consist of forty-five members, of whom six should be Officials, and twenty-eight elected on a territorial basis," to which an amendment was moved by the Member for the "B" Division, Western Province (The Hon. Mr. E. W. Perera), in the following terms:-

"That the Legislative Council should be reconstituted so that, with due afeguards for minorities, it should consist of about forty-five members, two-thirds of whom should be elected on a territorial basis.'

(2) Neither in the terms in which suggestion No. 1 is couched nor in the course of the debate was any principle advanced to justify the increase of the members of the Council to forty-five. Suggestion 8 set forth in part H of this paragraph in this despatch, although it was, as will appear subsequently, completely recast, goes far to justify the belief that certainly population was not taken as the basis for the allocation of seats, because :—-

The Province of Uva with a population of

The N. C. P. with a population of

233,355, 96,849,

Mullaitivu and Vavuniya Districts with a population of 18,000,

Mannar District with a population of

25,000,

Batticaloa Town with a population of

10,000.

Batticaloa District with a population of Trincomalee District with a population of

158,000,

34,000,

were respectively given the right to return one member each.

A very attractive programme was put forward as regards Ceylon Tamil claims for increased representation on a generous scale for their community, and possibly intended to be so, but, at the same time, it gave little consideration to the claims of the Mohammedan community, which numbers 298,400, and to whom was conceded two seats, whereas the Ceylon Tamil community, numbering 514,300 were conceded at least nine seats.

(3) It was clear that those who supported the large increase in membership contemplated both by the suggestion in its original form and by the amendment, did so for the reason that they thought that members elected on a territorial basis

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should have a clear majority over the rest of the Council. It is obvious that if this reason is made operative it must inevitably follow, in the light of the considerations set forth in paragraphs 4 and 5 of this despatch, that the Singhalese community must dominate the Legislative Council: What the attitude of the Tamil community, which is composed of some of the most important elements of the local population, is to this predominance is made clear by reference to a memorial, a copy of which is enclosed, presented to me by the Tamil Mahajana Sabhai, which represents fully their views.

(4) The Hon. Mr. E. W. Perera's amendment was lost by twenty-five votes to twelve, but deducting the votes of the Officials, who number fourteen, the Unofficial vote showed :-

For the amendment

Against

Majority for the amendment

12 11 1

The Unofficial members who voted for the amendment were, it is interesting to observe, all Singhalese and

9 represented territorial electorates,

1 represented the Low Country Products Association electorate,

2 were the Nominated Kandyan Singhalese members,

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Of the Unofficial members who voted against the amendment :—

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2 represented the territorial electorates of the Northern Province and the

Eastern Province, the population of which is predominantly Tamil.

1 was Sir P. Ramanathan, a Tamil nominated member,

I represented the Burgher electorate,

1 was Mr. A. Alwis, the nominated Burgher member.

1 was Mr. Abdul Cader, the nominated Mohammedan member,

1 was Dr. H. M. Fernando, a nominated Singhalese member,

1 was Mr. E. G. Adamali, a nominated Indian member,

3 represented the European electorates.

(5) From this analysis it will be seen that the Singhalese members who voted for the amendment were opposed by all the representatives of all the other communities reinforced by a vote of a Nominated Singhalese member. It is true that of the eleven members elected on a territorial basis nine voted for the amendment, and you will doubtless take this fact into consideration, but for the reasons given in paragraphs 4 and 5 of this despatch, the voting may well be regarded as having proceeded on Communal lines, and as showing that the predominance of the largest community was unanimously objected to by the other communities.

(6) It will be further observed that under the original suggestion the number of Official members was reduced from fourteen to six, and a similar result must follow if the amendment were accepted by you. I should view this reduction with

great regret as tending to reduce the satisfactory conduct of public business in the Council. I think it is the general view that the ease with which Unofficial members can discuss public matters with Official colleagues representing most of the principal departments, and the opportunities for easy and continual intercourse between officials and unofficials tend to create a most important spirit of co-opera- tion and give and take between these two classes.

(7) After the Hon. Mr. E. W. Perera's amendment had been lost, the original suggestion was put to the Council and negatived without a division.

(8) As will be seen from part H of this despatch, a suggestion was made in the Legislative Council, and when put to the Council was carried without a division. to the effect that the allocation and distribution of seats for territorial electorates should be referred to a Committee of the Council. In these circumstances I do not propose to make any recommendations as to suggestion No. 1 or on Mr. E. W. Perera's amendment thereto, since, should you approve of its appointment, the matter will be dealt with by that Committee.