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residence, nevertheless' attach great importance to hereditary and ather ties with the United Kingdom or its Colonies; and be

nxious on that account to retain British nationality, which they would be able to do only by becoming citizens of the United Kingdom and Colonies. The United Kingdom Government are disposed accordingly to ease the conditions in Section 12(6) of the United Kingdom Act, in its application to India by extending its operation until 1st January, 1951 or 1952, and by withdrawing the requirement as to intention to return to the United Kingdom and Colonies for ordinary residence. As regards children born in India of such families, they propose to take such steps as will enable them also to possess citizenship of the United Kingdom and Colonies.

12.

There is a separate matter of importance to the Government of the United Kingdom. As the Government of India is aware ୨ under the now system of Commonwealth citizenship British nationality is to depend on the possession of the citizenship of a Commonwealth country. When the British Nationality Act 1948, was passed most Commonwealth countrics had not yet passed citizenship laws, and it was therefore necessary to preserve the British nationality of persons who were born in or otherwise belonged to those countries. This was done by transitional provisions in the Act. Bricfly speaking, a person belonging to a particular Commonwealth country which had not yet passed a citizenship law remained a British subject without citizenship until that country. passed a citizenship law. The intention was that, thereupon, if the law in question made him a citizen of that country ho would become a British subject through that citizenship under Section 1 of the United Kingdom law; if not, Section 13 (2) preserved his British nationality by making him thereafter a citizen of the

nited Kingdom and Colonics. The passing of the citizenship law is thus an essential part of the process; and under Section 32(8) it is also essential that the law should be declared to be a citizenship law for the purpose of an order made in the United Kingdom which can, however, only be made at the request of the government of the country which passed the law. It seems clear that notwithstanding the forthcoming change in India's status, the nationality provisions of the Indian Constitution are to be regarded as a citizenship law for this purpose, and it is hoped that the Government of India will be prepared to make the necessary request. In view of the provision which it is proposed, in paragraph 4 above, to make in United Kingdom law in regard to the position of Indian citizens, such a declaration would not have the effect of making Indian citizens British subjects. Without it the citizenship of many persons who wore born in India and will not become citizens of India under the Constitution would romain indefinitely in suspense, a condition which it would be difficult to ask them to accept.

13.

The Government of the United Kingdom would be grateful if the views of the Government of India on the above matters could be communicated to them as soon as possible.

It is essential that legislation in this country should be introduced in November and they would therefore be grateful to have the Government of India's

bservations by the middle of November at latest.

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