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B.--SUGGESTION II.

"That the non-territorial electorates and the representation of minori- ties provided for in the present Constitution be retained; but the Burgher and Mohammedan communities be represented by two members each,"

to which an amendment was moved by the Member for the North Central Province (the Hon. Mr. Krisnaratne) in the following terms;—

"That the representation for minorities provided for in the present Constitution be retained, but the Burgher and Mohammedan communities be represented by two members each and the European community by three members."

The Member for the Eastern Province (the Hon. Mr. Tambimuttu) also moved the addition of the following words to suggestion II:-

"That the seat allotted to the Low Country Products Association be abolished.

(2) The object of the Hon. Mr. Krisnaratne's amendment was to abolish two of the existing electorates, viz., those for the Commercial electorate and for the Low Country Products Association electorate, while recompensing the Europeans, who practically comprise the whole of the Commercial electorate, by awarding them an extra seat so as to maintain their present number of three seats.

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(3) The principal argument used in favour of their abolition was that these two seats were given to allow of the representation of the special interests of the Chamber of Commerce and of the Low Country Products Association, and that such a form of representation was unnecessary and objectionable under the conditions prevailing in the Colony. Those in favour of their retention argued that it was of great advantage to have as members of the Council persons directly representing the great interests of Commerce and Agriculture.

(4) The extent and composition of the majorities and minorities on the voting on the amendment of the Hon. Mr. Krisnaratne were similar to those on the voting on the amendment of the Hon. Mr. E. W. Perera to suggestion No. I dealt with in a former part of this despatch, and again I would call your attention to the fact that a strong majority of the members elected on a territorial basis were in favour of the amendment.

Speaking for myself, though at one time inclined to the opinion that the presence of direct representatives of commerce and agriculture in the Legislative Council tenda greatly to strengthen that body and that the objection to their retention as such is largely based on sentimental grounds, still, on further con- sideration, I have come to the conclusion that I should submit the Hon. Mr. Krisnaratne's amendment to your favourable consideration.

(5) The course of the discussion made it clear that the Council was unanimously. in favour of retaining the representation of minorities and that there was no opposition to the increase of the Burgher and Mohammedan representation and the retention of the existing number of European seats as set forth in the suggestion, and in the Hon. Mr. Krisnaratne's amendment, but both the Mohammedan and Indian members claimed a larger amount of representation for their respective communities.

(6) The Hon. Mr. Peiris frankly admitted that the claim of the Kandyans to special representation should be allowed, and the question arises as to the best means of giving effect to this claim. The Kandyans form the majority of the resident population in the Central, North-Western, and North-Central Provinces, and also in the provinces of Uva and Sabaragamuwa, and, but for the doubt as to whether their political education is sufficiently advanced to permit them to make effective use of their voting power, might be left without special representation. On a most careful consideration of the whole matter, I have come to the conclusion that the best course to adopt is to await results. If experience proves that Kandyans are unable to return members of their own community, and require special represen- tation, then the power proposed to be given to the Governor to appoint three nominated unofficial members of Council can be used in part for the purpose of redressing any grievance that may be felt by them.

(7) The Hon. Mr. Tambimuttu's amendment, the object of which was to leave the Commercial seat and only to abolish that for the Low Country Products Associa- tion was lost by thirty votes to seven. The difference in the votes in favour of the amendment is due to the fact, presumably, that some who voted for the Hon. Mr. Krisnaratne's amendment favoured the abolition of both seats. but were not

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prepared to vote for the abolition of the Low Country Products Association seat and the retention of the Commercial seat.

(8) On suggestion II being put to the vote in its original form it was carried without a division.

C.-SUGGESTION III,

(1) “That the Legislative Council should be presided over by a speaker

elected by itself.

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(2) This suggestion was lost by a vote of twenty-six to eleven, but I desire to call your attention to the fact that all the members elected on a territorial basis (except the Hon. Mr. Tillekeratne, Member for the Southern Province) voted in the minority. On the other hand, twelve unofficials voted for the retention of the Governor as President, and eleven unofficials against such retention.

As I stated in should not usually preside

(3) This suggestion is one which I must leave in your hands. the course of the debate, my own inclination is that over the deliberations of the Legislative Council, and that, in order to give unofficial members an opportunity of acquainting themselves with duties, which, in a later stage of the Constitution, they will be called upon wholly to undertake, power should be given to them to elect their own Vice-President. who will ordinarily preside at the meetings of the Legislature. In the meantime, I recommend that the Governor should remain President of the Council under existing conditions, but with the understanding that he would not preside ordinarily.

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D. SUGGESTION IV.

"That the Legislative Council should continue to have control over the Budget as heretofore."

(2) This was a purely declaratory statement and was not intended to question the control of the Secretary of State or to affect the limitations imposed by clause 48 of the Ceylon (Legislative Council) Order in Council, 1920. I think that the

Hon. Mr. Peiris merely desired to make it clear that the Council was opposed to any portion of the Budget being withdrawn from the cognisance of the Council under the diarchal system in the Provincial Governments of India. This sugges- tion was affirmed by the Council without a division.

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E.-SUGGESTION V.

"That residence in an electoral area should not be a necessary qualifica- tion for a candidate for election,"

to which the Member for the Eastern Province moved, as an amendment, the addi- tion of the following words :-

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Provided that the candidate shall have retained his domicile within the Province."

(2) The object of the residential qualification in the present constitution was to ensure that the Provincial representatives should be persons who had a thorough and first-hand acquaintance with the wishes and needs of their constituents, and I think it may be stated as the general opinion of the country that this object was fully attained at the first general election for the Council.

(3) The standard of ability of the Provincial representatives is high, and their views as to the advisability of retaining the residential qualification is worthy of the most careful consideration. On the original motion being put to the vote it was lost by twenty-one votes to sixteen, but in the minority of sixteen were included all the territorially elected members except one, the elected members for the Low Country Products Association and the Burgher community, the Mohammedan member, the Indian member, the nominated Tamil member, and the nominated Sinhalese member.

(4) It is clear, therefore, that the representatives of the constituencies in whose interest the residential qualification was especially inserted are practically unanimous in favour of its abolition, and that they received the support of several other unofficial members who were not directly interested in the question.

(5) In the circumstances, although I do so with a certain amount of regret that a longer trial was not given to the residential qualification, I feel that I must recommend the views of those who desire its abolition to your favourable consideration.