1937-03-08 — Page 11

THE CHINA MAIL, MARCH 8, 1937.

Dyarchy gives way

to autonomy

The New Constitution In Practice

- F

Parliament

or of public servants, then he may disregard their advice.

Acts Ministers

of his

April next an entirely new It was a tragedy that Mahatma The New.

constitution for India, from Gandhi should, just when the 1919 which Burma will be separated as a constitution was being introduced,

The Viceroy may also, like the colony on its own, comes into force have been blinded by the blunder The new Federal Parliament will Governors in their Provinces, pro- with the inauguration of the first of the Armitsar riots into opposing consist as heretofore of a Council mulgate ordinances or enact stage, namely, autonomy for the the reforms from the start and ini- of State and an Assembly, both in- over the heads of his eleven Provinces of India.

tiating an obstructive campaign of creased in numbers, due chiefly to where he considers such necessary The second stage, Federation, is non-co-operation and of civil dis- the presence of nominees of the to the proper discharge expected to be reached after a brief obedience.

federating States. Seats will in duties. In spite, however, of all difficul- both Houses as heretofore be allo- interval of negotiations for the en- try of the various Indian States ties and disorders, the system of cated communally, Hindus, Sikhs, into an All-India Federation. When Dyarchy has had a not altogether Mahommedans and the depressed or The Judiciary this happens India will for the first unsuccessful record during the past outcast classes being entitled to a time in her history have achieved 16 years, operating comparatively fixed number of seats. Special pro- constitutional unity, and the big- smoothly in some Provinces like vision is also made for a measure ral Court for India with both ori- gest experiment in democratic gov-. Madras, but very imperfectly, not of representation by labour, com- ginal and appellate jurisdiction on ernment in human history will have to say dangerously, in others like merce and industry, and by women. matters of federal law. The func

Bengal.

It is of particular interest to tion of the Court may also be ex- The chief weakness of Dyarchy South Africans that in the case of tended to those of the Supreme Act is the latest of a number of has lain in the fact that with cer- all membership in the

Assembly Court for civil appeals from the tain reserved subjects remaining in and of certain smaller communities various Provincial High Courts. stages towards self-government. As far back as 1892 the elective prin- ciple was introduced. By the So- called Morley-Minto Reforms in 1905 the principle was strengthen-

been launched.

The 1935 Government of India

By Leif Egeland, M.P.

The Act further sets up a Fede-

In constitutional cases, there will be a right of appeal to the Privy Council in England, but in other cases there is only an appeal by leave either of the Federal Court

ed by doing away with the official the hands of officials and outside the in the Council of State, election itself or of the Privy Council. majority in the Councils, which at

scope of the elected legislatures, will be indirect, through the elect- I have tried briefly to outline this stage, however, were purely with fixed an irremovable Govern- ed Provincial representatives, ra- the new Constitution, which, to advisory bodies.

ment-appointed Executives, and ther like the election of Union Sena- use the Viceroy's word, "for breadth with elaborate guarantees which tors.

of conception and boldness of de-

* *

*

Dominion Status India's Goal

had not infrequently to be put into Dyarchy, though dead in the sign is without parallel in history.” practice for making Government Provinces, survives at the Centre, In an age of unfaith and of re- policy effective as against decisions for the subjects of defence,. eccle- action in so many countries, the The really big step forward was of the Legislature majorities, it siastical affairs, external affairs, grant of this new democratic Con- the historic Montagu Declaration in has failed to develop a sense of and tribal areas are "reserved” sub- stitution for one-fifth of the hu- the British House of Commons in reality and of responsibility on the jects to be dealt with by the Gov- man race is a great act of faith. 1917, when the policy of the British part of the various opposition emor-General acting with advisory But it might well have been made

and Indian Governments was

for groups.

the first time unequivocally express-

ed as "the increasing association of Indians in every branch of the Ad-

ministration, and the gradual de The Simon Report. velopment of self-governing institu

tions with a view to the progressive. The 1919 Act provided for the

counsellors whom he appoints.

sooner..

In respect of all other subjects, The chief criticism that might however, the Governor-General will fairly be made against Britain is act on the advice of a Council of not that these reforms concede too Ministers, who must be members of little, but that she did not în 1919 the Federal Legislature.

have the larger faith of the Camp- Where, however, Ministerial ad- bell-Bannerman variety and do then realisation of responsible. govern- appointment of a statutory Com vice conflicts with the Governor- what the better lessons of the in- ment in India as an integral part mission after ten years to examine General's special responsibility for tervening years of evasion and of of the British Empire."

the working of the Constitution such matters as order, financial difficulty eventually brought her Thus India's goal is clearly shown and to advise as to its amendment. stability of the Federal Government, somewhat diffidently to concede in to be that of Dominion Status, and This Commission, with Sir John minorities, rights of native rulers 1935. the Act of 1919 following upon the Simon as chairman, reported in Montagu-Chelmsford Report intro- 1930. Its recommendations were duced a constitution which was de- considered at length by three round signed to give a fuller measure of table conferences in London, and the 1935 Act is the eventual result self-government.

set

This Act introduced the system of all these deliberations. known as "Dyarchy," the system The Constitution now to be now to be replaced by one of pro- up introduces three main changes. vincial autonomy. Under Dyarchy The first is the discarding of Dyar- certain subjects known as "trans- chy in the Provinces and its re ferred subjects were in each Pro- placement by full provincial auto- to certain safe- vince entrusted to responsible Minis- nomy (subject ters who were responsible to the guards). Secondly, there is

of provincial legislatures, while in re- switch-over to a federal form spect of other reserved" subjects, constitution.

such as the maintenance of law and The unitary system which for so order, finance, irrigation and Tabour long has been the supreme author- disputes, control remained in the ity in India is disappearing as we officials of the Governor's Executive watch, and in its place great auto- Council, who were responsible only nomous Provinces make their ap to the Governor.

pearance. Thirdly, there is provi

Even in regard to transferred sion for a Federation including the subjects, however, the Governor ruling Princes of the independent could over-rule the Legislature, and States.

in certain cases act without it, if Within such fields of legislation in his opinion the safety, tran, as are not statutorily defined as quility or interests of the province" so required.

The 1919 Act

being exclusively federal the Pro- vincial Councils (whose will be elected directly

versities and

represent

various religious bers

uni-

economic interests) So far as the Central Government will have full power to legislate. of India was concerned, the 1919 These powers are, however, sub- Act set up a constitutionally unitary ject to the "safeguards" of the and centralised Government with Governor's special powers to act at the Governor-General-in-Council as his discretion in such matters as the keystone of the whole structure, keeping order or protecting minor- The Central Legislature consisted ities. They are also subject to the of two Houses, the Council of State Governor's right in certain cases to and the Assembly, respectiv

legislate by ordinance- which

These, however, possessed no con- mains valid for a period, and even stitutional control Ter the

mergencies enact

right to

tral Executive, whi

sponsible to the Brit

of State, and, through

Westminster.

for

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