CAB129-33 — Page 184

PANDIT NEHRU'S MEMORANDUM OF 11TH DECEMBER, 1948

1. The declaration as to the status of India will be left as at present in the draft Constitution.

2. In a Nationality Act, to be passed by the Indian Legislature, contem- poraneously with the coming into effect of the new Constitution, there will be incorporated the substance of the relevant provisions of the British Nationality Act, 1948, which will have the effect of making Indian nationals Commonwealth citizens and the nationals of any Commonwealth country Commonwealth citizens when they are in India. This arrangement will be on a reciprocal basis. "Commonwealth" in this connection does not mean a super-State but stands for an association of free and independent States which accept this concept of Commonwealth citizenship.

3. As soon as the constitutional changes are settled, or at such other time as may be agreed upon, the Prime Minister of India and the Prime Minister of the United Kingdom will make declarations announcing the changes and their nature and results.

4. In any new legislation, or new treaties entered into with other countries, the Commonwealth countries will not be treated as foreign States and their citizens will not be treated as foreigners.

In particular, in any new commercial treaties it will be made clear that for the

purpose of the most-favoured-nation" clause the Commonwealth countries are in a special position and are not regarded as foreign States.

5. In foreign States where the Indian Government has no representation, it will be at liberty to make use of any other Commonwealth country's ambassador or minister; and the Indian Government will be willing to provide reciprocal facilities for any Commonwealth Government that so desires.

6. For the purposes of fulfilling the obligations of the Crown towards Commonwealth citizens other than Indian nationals, the President of the Indian Republic may at the request of the Crown act on behalf of the King within the territories of India. A similar arrangement on a reciprocal basis will apply to Indian nationals in the rest of the Commonwealth.

7. So far as the United Kingdom is concerned, the position is that generally speaking The King waived all functions of sovereignty in relation to India in favour of the people of India in pursuance of the Act of 1947. Under that Act there would be no further legislation on India by the Parliament of the United Kingdom, and after India's new Constitution comes into force there can be no such legislation. The Indian people and their representatives, including the President of the Republic, will thus exercise all functions of sovereignty.

8. These proposals represent a sincere desire to continue the Commonwealth association and what is practical and adequate at present. No doubt as the rela- tionship is not a static arrangement, further development by way of association may take place.

ANNEX II

TEXT OF CONGRESS PARTY RESOLUTION OF 16TH DECEMBER, 1948

The National Congress has, even while it was struggling for the freedom of India, associated itself with progressive movements and struggles for freedom in other countries. India's liberation was viewed as a part of the larger freedom of all the countries and peoples of the world. In particular the Congress has stood in the past for the ending of all Imperialist domination and Colonial exploita- tion of any country or people and has opposed Fascism and all other tendencies which suppress the human spirit. The achievement of independence brought new responsibilities to India in international affairs and it became necessary to develop direct and closer contacts with other nations. Congress welcomes these countries and trusts that they will lead to mutual understanding and co-operation and the promoPingei ordf 18.

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Padha reign olicy of India must necessarily based on the principles that have gained Congress in the past years. These principles are the promotion of world peace, the freedom of nations, racial equality and the ending of Imperialism and Colonialism. In particular, Congress is interested in freedom of the nations and peoples of Asia and Africa who have suffered under various forms of Colonialisation for many generations; with a view to advancing the cause of world peace and co-operation India associated herself with United Nations. Congress declares its full adherence to the principles of the Charter of United Nations. It should be the constant aim of the foreign policy of India to maintain friendly and co-operative relations with all nations and to avoid entanglement in military or similar alliances which tend to divide up the world in rival groups and thus endanger world peace. Maintaining her freedom of action in foreign affairs and in the economic development of the country, India should continue to function as a member State of United Nations co-operating with other States in maintenance of peace and freedom.

In view of the attainment of complete independence and the establishment of the Republic of India which will symbolise that independence to give to India the status among the nations of the world that is her rightful due, her present association with the United Kingdom and the Commonwealth of Nations will necessarily have to change. India, however, desires to maintain all such links with other countries as do not come in the way of her freedom of action and independence, and the Congress would welcome her free association with independent nations of the Commonwealth for their common weal and the promo- tion of world peace. India is especially concerned with her neighbour countries of Asia and the Congress trusts that closer bonds of fellowship and co-operative effort for the maintenance of the freedom of Asian nations and their progress will be developed.

ANNEX III

EXTRACT FROM SPEECH BY THE LORD CHANCELLOR IN THE HOUSE OF LORDS ON 15TH DECEMBER, 1948

Mr. Churchill asked in another place, and the noble Marquess the Leader of the Opposition asked here: Why should Eire retain all the advantages of membership? But, my Lords, does Eire retain those advantages? Surely, the great benefit the Commonwealth brings is the joint consultation, alike in matters civil and military, the sharing of information, and the resulting solution of common difficulties. But Eire is not to receive that constant flow of information, much of which is secret and confidential, which goes to Commonwealth Govern- ments on matters of foreign policy and economic affairs; she is not to be brought into the consultation which goes on within the family circle of the Commonwealth on all matters of common interest; she is not to be treated as a partner with Commonwealth countries in matters of defence; she is not to get the special information, consultation, advice and assistance of military missions which are exchanged between Commonwealth countries; she is not to be invited to the periodical meetings of Commonwealth Prime Ministers, or to other meetings of Commonwealth Ministers, and she is not to be entitled to membership of Commonwealth committees which now exist or may be appointed to deal with technical questions. No one has greater experience of these matters than the noble Viscount the Leader of the House and the noble Marquess the Leader of the Opposition. But I would venture to say that the flow and interchange of communication and information, and the sharing of common tasks and common perils, are the hallmark and the importance of the Commonwealth relationship. From all those things Eire must now be excluded. Not by our wish, but by her own act, she has made it plain that she is no longer a member of the Commonwealth.