CAB129-37 — Page 642

Page 642 action should be taken as was necessary to ensure that Indians would not become foreigners, so far as the United Kingdom was concerned, during the interval. The position in the Colonies was also important from the Government of India's point of view.

Sir Percivale Liesching commented that the effect of a holding Bill would be that Indians would remain, so far as United Kingdom law was concerned, British subjects until the legal position was changed. He asked Sir Girja whether he thought that there would be any sentimental difficulty in India over the retention. of the status of Commonwealth citizen or British subject. He referred to the provision in the Indian Constitution by which it was possible for Indians resident abroad to register as Indian citizens. It was possible that the Govern- ment of India might, on consideration, welcome a few months' delay during which such registration could take place.

Sir Girja Bajpai said that it would obviously have been preferable to provide that Indians should be treated as, rather than that they should remain, British subjects, but he thought that the proposal of United Kingdom Ministers would be acceptable provided that existing United Kingdom nationality law included no express provisions about allegiance and that Indians could be described as Com- monwealth citizens.

Sir Alan Ellis replied that United Kingdom nationality law did not include express provisions regarding allegiance.

Sir Girja Bajpai recognised that some legislation would clearly be necessary in the United Kingdom. He could see no objection to a terminable law which would have the effect of not altering the rights of Indians in the United Kingdom and Colonies, if the intention was to pass such a law. The substance could there- fore be conceded: what was left was the form of words by which effect could be given to this policy in the United Kingdom. As regards the position of United Kingdom citizens in India, the provisions relating to citizenship in the Indian Constitution applied to Indians and not to other nationals; the position of all others, so far as he knew, was as before, and would remain so until an Indian citizenship law was adopted. United Kingdom citizens would not be treated as foreigners.

Mr. Murrie asked whether Sir Girja Bajpai could give any estimate of when the Indian Citizenship Bill would be likely to be introduced.

Sir Girja Bajpai thought that it would be necessary for the Bill to be passed as soon as possible and that the situation ought be cleared up within twelve months. Sir Percivale Liesching said that some information to this effect would be important to the climate of the debate in the United Kingdom Parliament.

Sir Girja Bajpai explained that the criminal procedure code had included special procedure for the trial of British subjects, other than Indians, in India and that this procedure had been swept away. This procedure had, however, been in no way reciprocal (i.e., there was no special procedure for the trial of Indians in the United Kingdom) and therefore its abolition did not affect the question of reciprocal treatment in future.

Sir Alan Ellis thought that he should perhaps make clear to Sir Girja that it was not contemplated that there should be any complete revision of the United Kingdom statutes applicable to India; and

Sir Norman Brook pointed out that, while further legislation would be needed to deal with nationality and certain other matters, there was a wide field. including, for example, trade preferences, where the general declaration which would be made in the proposed Bill would suffice. For this reason he thought that the United Kingdom Bill ought not to be a terminable one, though Sir Girja had used that phrase.

Sir Girja Bajpai replied that, similarly, there was no complete revision being undertaken in India, where also all existing legislation would continue other than such laws as might be specifically abolished or revised. He had used the phrase "terminable " legislation as he thought that it was His Majesty's Government's intention to epacteslalotion for the transition period. Page 642 of 1097

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