CAB129-37 — Page 514

ANNEX

Page 514

AIDE MEMOIRE ON THE LEGISLATION PROPOSED TO BE ENACTED BY THE UNITED KINGDOM

GOVERNMENT, TO DEAL WITH THE CONSEQUENTIAL MATTERS ARISING WHEN INDIA BECOMES A

REPUBLIC.

1.

The minute on preferential treatment agreed by the Meeting of the Commonwealth Prime Ministers in April 1949 (P.M.K. (49) 5 Item IV) recorded.

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(1)

(2)

That all countries of the Commonwealth should continue to regard themselves as not foreign in relation to cre another;

That each Government within the Commonwealth should take such steps as may be necessary, whether by legislation or otherwise, to enable it to maintain the right to accord preferential treatment, as has been customary, to the citizens and trade of other Commonwealth countries, but each Government would remain free to determine the extent of that preferential treatment and the precise method of according it.

Consideration has been given to the legislation required in the United Kingdom to continue to accord to India after she becomes a Republic the same preferential treatment under United Kingdom law and the law of Colonial territories as is received by other Commonwealth countries. (Broadly speaking this treatment is at present national treatment in the law of the United Kingdom and Colonies for citizens and interests of Commonwealth countries and preferential treatment for their goods, though in certain Colonial territories the principle of national treatment is some- what modified in respect of all British subjects not permanently resident there.)

3.

Moreover,

Hitherto Indians in the United Kingdom and Colonies have received this treatment by virtue of being British subjects. At present India is part of His Majesty's dominions and Indians are British subjects. When India becomes a Republic it will cease to be part of His Majesty's dominions, and, though it might be possible to maintain that Indians nevertheless continue to be British subjects by virtue of Section 1 of the British Nationality Act, 1948, it is assumed that this interpretation of the law

ould not be acceptable to the Government of India. such an interpretation is open to dispute, since it could be argued that when the British Nationality Act was passed India was included in Section 1 because she was a self-governing part of His Majesty's dominions and that, once she ceases to be this, Indians will lose the status they enjoy in the United Kingdom and Colonies as British subjects. It therefore seems necessary to legislate on the lines indicated in paragraph 4.

In view of India's continuing membership of the Commonwealth the United Kingdom Government would, subject to what follows,

be disposed to give to Indian citizens the same position

assing

in the law of this country and of the Colonies as heretofore.

gislati Pas F1pm Government therefore contemplates ofHely not be a

will have the effect

that a person