CAB129-37 — Page 516

Page 516

British subject by reason only that hc is a citizen of India but the expression "Commonwealth citizen" shall continue to include citizens of India whether they are or are not British subjects"; and also that notwithstanding that Indian citizens are no longer British subjects, cxisting laws in force in the United Kingdom and Colonics shall (with adaptation where necessary) continue to apply in relation to India and persons and things connected with India as it would have if India had not become a Republic. The intention would be to maintain that position in future legislation by including the necessary provisions in it on cach occasion.

5.

Before, however, it is finally decided to legislate in this way, the United Kingdom Government desire to ascertain from the Government of India whether action on these lines would be acceptable to them and how they would propose to treat citizens of the United Kingdom and Colonies in India, having regard in particular to the minute of the Commonwealth Prime Ministers Meeting referred to in paragraph 1 above. In this connection it is noted that the Indian Constitution, in its original draft, prepared before the recent Commonwealth Prime Ministers' Mooting, drew a distinction only between Indian citizens and foreigners, but the United Kingdom Government assume that it is not the intention of the Government of India to treat citizens of the United Kingdom and Colonies as aliens. If the United Kingdom Government promote legislation of the kind proposod, they are bound to be faced with enquiry in Parliament as to the policy of the Government of India in this respect towards the United Kingdom and Colonies in India and they would be glad to know the Government of India's attitude on this subject before they reach final decisions on the form of their own legislation. The United Kingdom Government hope that the Government of India will be able to give them an assurance which could be made public that on the basis of reciprocity they would be ready to provide in their law for the treatment of citizens of the United Kingdom and Colonics as if they were citizens in all matters affecting the rights and duties of citizenship.

6.

In addition to these general issues certain more detailed questions arise in the sphere of nationality and citizenship on which the United Kingdom Government would be glad to know the views and intentions of the Government of India, before finally deciding what provision to make in United Kingdom law.

7.

The Government of India are aware of the general scheme of nationality and citizenship within the Commonwealth which was . agreed upon in principle at the Commonwealth Prime Ministers' Meeting in 1946 and was further elaborated at the British Commonwealth Conference on Nationality and Citizenship in 1947. The broad principle of this scheme, which

which is embodied in the British Nationality Act, 1948, was that each Commonwealth country should define its own citizens and that all citizens so defined would have the status of British subjects.

8.

Hitherto all persons born in India have been British subjects by virtue of the fact that India has been part of His Majesty's dominions.. This will cease to be the position when the new Indian Constitution comes into operation and the provision proposed in paragraph 4 above is made in United Kingdom law. While the United Kingdom Government readily assent to the proposition that it is for the Government of India to decide what persone shall become Indian citizens, they copaga516of Fog ne v have no. Rage 516 ofthe Government of India will agree) that

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