द इण्डियन स्ट्रगल / भारतीय स्वाधीनता संग्राम (नेताजी सुभाष चन्द्र बोस - ऐतिहासिक विश्लेषण)

DEFEAT AND SURRENDER 301
Why the Moslem leaders in the Congress have taken up this
attitude, it is difficult to say—especially when one remembers
that after the Karachi Congress, it was they, who by their
firm attitude, prevented the Mahatma from yielding to the
demand of the communalist Moslems for separate electorate.
Whatever the reason may be, the fact remains that to-day they
are holding a pistol at the Working Committee—and because
of their insistence, the Committee has been forced to take up
this ridiculous attitude of neither accepting nor rejecting the
Award. The argument ordinarily urged in favour of not
rejecting the Award is a twofold one. Firstly, the Congress
should represent all parties in the country, including the
Communalist Moslems, and secondly, that until the parties
arrive at an agreed solution, the present solution should
stand. Both the arguments are fallacious. The Congress
does not represent all the parties in the land—for instance, it
certainly does not represent the loyalists, whether Hindus or
Moslems. Secondly, it is the rejection of a bad solution that
will force us to arrive at a good solution. Like the White
Paper, the Communal Award should be straight away
rejected—no matter whether an alternative solution is
immediately available or not. Moreover, this ‘all parties’
idea is a false and dangerous idea. The party that is fighting
for freedom is the party that is solely responsible for producing
the Constitution. And so far as the Communal question is
concerned, the Congress solution is already there. Be that
as it may, in the present circumstances one is reluctantly
driven to the conclusion that the Nationalist Moslems have
been gradually—may be unconsciously—coming into line
with their Communalist co-religionists.
All attempts at a compromise having failed, Pandit Malaviya
and Mr. Aney resigned from the Congress Working Committee
and the Parliamentary Board and proceeded to form a separate
party—under the name of the Congress Nationalist Party—
with the object of fighting the Communal Award and the
White Paper. This Party held an All-India Conference in
Calcutta on August 19th, under the Presidentship of Pandit
M. M. Malaviya—the Chairman of the Reception Com-
mittee being Sir P. C. Roy, the well-known chemist and

302 THE INDIAN STRUGGLE
philanthropist. The Conference was a successful one
and it was evident that public opinion in Bengal—especially
of the Hindu community—was behind the Party. Bengal
Hindus have been suffering from a just grievance because the
Communal Award has allotted them only 80 seats out of 250
in the new Legislature, while Moslems have been given 119
seats.¹ To add to this, the Poona Agreement concluded at
the time of the Mahatma's fast, has allotted 30 seats to the
depressed classes, out of these 80 seats, as against the pro-
vision for 10 in the Communal Award, though the depressed
classes issue hardly exists in Bengal. Bengal Hindus² have
therefore been greatly offended by the decision of the Work-
ing Committee not to reject the Communal Award. It is
difficult to say at this stage what will be the result of the
elections. It may, however, be a safe forecast to say that the
majority of the elected seats for Hindus will be captured by
the official Congress Party. But though the Congress
Nationalist Party will have a smaller number of seats, they
will have the solid support of the Hindu community in their
propaganda as also in their work in the Assembly. In non-
communal matters, the two Congress groups will be found
in the same lobby. So far as the Nationalist Moslems are
concerned, they hope to capture a fair percentage of the seats.
The last meeting of the Congress Working Committee and
of the Congress Parliamentary Board was held at Wardha
(Central Provinces) on September 8th, 9th and 10th. An
eleventh-hour attempt was made to bring about a com-
promise between the two Congress groups, but the effort
failed. At this meeting it transpired that the Mahatma had
been thinking seriously of retiring from active politics. It
was first surmised that the split among the Congress leaders
over the Communal Award had upset him seriously. But one
of his trusted lieutenants, Mr. Rajagopalachariar of Madras,
issued a statement on September 7th, saying: 'The cause of
¹ Under the existing Constitution, Hindus have 60 per cent. of the elected
seats in the Bengal Legislative Council. This is in accordance with the
Lucknow Pact of 1916—the agreement arrived at between the Indian
National Congress and the All-India Moslem League.
² This is also the case with the Punjab Hindus. Many of the Hindu
constituencies in Bengal and Punjab have therefore returned members
of the Congress Nationalist Party to the Assembly.

DEFEAT AND SURRENDER 303
the rumour that Gandhiji is giving up the leadership of the
Congress is to be traced to the fact that Gandhiji has been
thinking of introducing reforms in the Constitution of the
Congress in order to make it more definitely purged of all
forms of violence. . . . If the Congress does not adopt his
reforms, he may even be prepared after the ensuing Congress
session to start an independent organisation to have a body
of strictly non-violent workers.' About ten days later, the
Mahatma himself issued a statement confirming the rumour
that `he had the intention of retiring, but saying that at the
request of friends, he had postponed his decision until after
the session of the Congress at Bombay. He referred to
corruption in the ranks of the Congress and declared that he
' proposed to move the following three amendments to the
constitution of the Congress:

1. Replacing the words 'legitimate and peaceful' by
   'truthful and non-violent' means to achieve the aims
   of the Congress.
2. Replacing the four-anna (anna is one-sixteenth of a
   rupee; Rs. 13½ = £1 approximately) franchise¹ by
   the delivery by every member to the Congress Depot
   of 8,000 feet of well-tested even yarn of not less
   than fifteen counts spun by himself.
3. No one to be entitled to vote in a Congress election
   unless he has been on the Congress register for six
   months and has been a habitual wearer of Khaddar
   only during the same period.
   The Mahatma concluded by saying that he apprehended
   that his suggestions would not be acceptable to the majority,
   but there was room for compromise, and if they wanted him
   as leader, they would have to give due consideration to his
   proposals.
   The annual session of the Indian National Congress is to
   be held at Bombay on October 26th, 27th and 28th, 1934,
   and the elections to the Indian Legislative Assembly under the
   ¹ According to the present constitution of the Congress, every member
   has to pay a minimum annual subscription of four annas. The Mahatma's
   idea is to make spinning obligatory on the members instead of merely
   paying a subscription.

304 THE INDIAN STRUGGLE
existing Constitution are due in November. The withdrawal
of the Congress Party from the Assembly in January 1930,
made it possible for the Government to get the Ottawa
Agreement ratified by the Assembly for three years and to
have the Ordinances for suppressing the civil-disobedience
movement placed on the Statute Book. The presence of
Congressmen in the Assembly once again will cause embar-
rassment to the Government, but the Government will then
have no law-breaking campaign in the country to keep them
pre-occupied. So far as the ensuing Congress session is
concerned, a lively fight is expected on two issues. Firstly,
the Congress Nationalist Party will appeal to the All-India
Congress Committee and to the plenary session of the Con-
gress to reject the Communal Award. Secondly, the Congress
Socialist Party will press for the adoption of a Socialist
programme. Both these attempts are sure to be defeated.
On both these questions the Mahatma will get the support of
the majority of his erstwhile opponents—the Swarajists. If
they were to oppose him to a man, then he would run the
risk of being defeated on either of the above two issues. But
by sponsoring their proposal of entering the Legislatures, the
Mahatma has won the majority of them over to his side and
has thereby ensured his position within the Congress. The
present intention of the Mahatma to retire¹ from active
politics and strengthen his own Satyagrahi organisation,
or in the alternative to alter the Congress constitution accord-
ing to his own ideas, will not come as a surprise to those who
know him well. It is reminiscent of his attitude after his
release from prison in 1924 and at the Belgaum Congress that
year, when he left the field to his opponents, allowing them to
stew in their own juice. The ultimate challenge to his leader-
ship will, however, arise from the side of the Congress Socialist
Party but not from that of the Congress Nationalist Party.²
¹ After the above was written, the Mahatma announced his retirement
to the plenary session of the Congress which met in Bombay on October
26th, 1934. This so-called retirement has been referred to in Chapter XVIII.
² A message from India dated the 1st October, 1934, said that a Con-
ference of the Congress Socialist Party was recently held at Benares.
It was decided not to assist in the election campaign of the Congress
nor to accept office in any Congress organisation which did not carry
out the economic policy of the Party. Both the official Congress Party and
the Congress Nationalist Party were condemned by the Socialist Party.

DEFEAT AND SURRENDER 305
During the period of 1933-34 while the Congress proceeded
from step to step in the direction of surrender, the Govern-
ment was able to strengthen its position in other directions as
well. In January 1933, judgment was finally delivered in the
long-drawn Meerut Conspiracy Case, and out of thirty-one
accused, twenty-seven were sentenced to various terms of
imprisonment. About this time the leader of the Chittagong
revolutionaries, Mr. Surjya Sen, who had successfully
evaded arrest for three years, was captured, and after a trial
before a special tribunal, was hanged together with another
comrade. In February and March, there was trouble with
some of the independent frontier tribes. But with the
assistance of the friendly Afghan Government of King Nadir
Shah and with the help of aerial bombing, the Government
were able to cope successfully with the menace. After the
publication of the White Paper in March, the Assembly
passed the following resolution moved by Sir Abdur Rahim,
the leader of the opposition:
'Unless the proposals for constitutional reform are
substantially amended in the direction of conceding greater
responsibility and freedom of action to the people's
representatives in the central and provincial spheres of
government, it will not be possible to ensure peace, content-
ment and progress of the country.'
The Government, it is hardly necessary to add, had no need
to feel embarrassed at this milk-and-water resolution.
There was some amount of public agitation over the ill-
treatment of political prisoners. For instance, in the Nasik
Jail on October 27th, 1932, Mr. Amritlal Morarji, a political
prisoner who had been given bar-fetters, was taken to a cell,
beaten by five jail-officials with batons and lifted up and
dashed down till he became unconscious. There was intense
indignation, when the news saw the light of day and Govern-
ment had to order the prosecution of the jail-officials respon-
sible for the incident. Likewise, in the Amraoti Jail in the
Central Provinces some political prisoners had been severely
assaulted on April 22nd, 1932. Agitation and inquiry went
on for about a year. Ultimately, on March 1st, 1933, the
U

306 THE INDIAN STRUGGLE
Government issued a white-washing report, which, however,
admitted the use of physical force on the occasion and pro-
mised a modification of the rules applying to civil-disobedience
prisoners.
Following the publication of the White Paper in March
1933, early in April, the British Parliament appointed a Joint
Select Committee consisting of sixteen members from each
House. There were debates in both Houses on the occasion.
In the House of Commons, the Opposition was led by Mr.
Winston Churchill and Sir Henry Page-Croft and in the
Lords by Lord Lloyd and Lord Halsbury. The Committee
on April 12th, elected Lord Linlithgow as Chairman and
approved of a list of 'assessors' from India who would sit
with them, but would not be entitled to vote on any issue
nor submit any report to Parliament. The sittings of the
Joint Select Committee, with the collaboration of the Indian
assessors, commenced on May 10th, and continued for an
unusually long period. The Secretary of State for India took
the unusual step of appearing as a witness with a view to
acquainting the Committee and the Indian assessors with the
intentions of Government. His examination lasted several
weeks and he answered about 16,000 questions. In view of the
agitation against constitutional advance in India carried on
by the diehards in England led by Mr. Winston Churchill
since 1929, and especially since the publication of the White
Paper, in March 1933, it is likely that the Joint Parliamentary
Committee will further whittle down the provisions of the
White Paper.¹ The report of the Committee is expected to
be out in November 1934.
During the year 1933, the country suffered a serious loss
through the death of two of her worthiest sons. Mr. J. M.
Sengupta, who had been the Mayor of Calcutta for five
years and had been a member of the Congress Working
Committee since 1925, suddenly died of apoplexy on July
26th, while he was in internment in Ranchi under Regulation
III of 1818. On October 22nd, Mr. Vithalbhai J. Patel,
¹ Since the above was written, the Report of the Joint Parliamentary
Committee has been published and the apprehensions of the writer have
proved to be true.

DEFEAT AND SURRENDER 307
former President of the Indian Assembly, and one of the
outstanding leaders of the Congress, died of heart trouble in
a Swiss clinic near Geneva. In accordance with his last
wishes his mortal remains were brought to Bombay for crema-
tion, where they were received by a procession of 200,000
people. He left all his assets (more than Rs. 100,000) for
national work.
Towards the end of 1933, the second Burma Round Table
Conference was held in London. The first Conference had
been held in November 1931, and the representatives from
Burma were not therefore invited to the second and third
session of the Indian Round Table Conference. As the
composition of the first Burma Round Table Conference had
been strongly criticised on the ground that the anti-separa-
tionists had been poorly represented, the Government had
agreed to a General Election in Burma on the issue of separa-
tion from India. This election held in November 1932, gave
a majority to the anti-separationists but taking advantage of
the fact that the Burma Legislative Council did not vote for
unconditional federation with India, the Government pro-
ceeded with their pet scheme of separation from India. The
second Burma Round Table Conference was therefore called
in 1933 and the anti-separationists, though in a majority in
Burma, were given less seats than the separationists. It is
now certain that Burma will be separated from India¹ and will
be given a bi-cameral legislature for dealing with both 'pro-
vincial' and 'central' subjects.
In December, important conferences were held as usual.
The Liberal Federation met at Madras with Mr. J. N. Basu
in the chair and condemned the White Paper. The All-
India's Women Conference had a successful session in Cal-
cutta and great enthusiasm was evinced by women represen-
tatives from all parts of India in the matter of educational
and social reform as well as in the matter of representation in
International Committees in Geneva. The Trade Union
Congress met at Cawnpore and among the resolutions passed
¹ The Report of the Joint Parliamentary Committee published on
November 22nd, 1934, has provided 'for the separation of Burma from
India.

308 THE INDIAN STRUGGLE
was one dealing with the grievances of the textile workers in
Bombay Presidency and the necessity of a general strike of
textile workers for enforcing their demands. Following this
decision, in the early part of 1934, a strike of textile workers
was declared in Bombay. There was enthusiastic response to
the strike-call in Bombay and there were sympathetic strikes
in other parts of the country as well. To break the strike,
the bogey of Communism was raised once again and on that
pretext, a large number of influential labour leaders in
Bombay were thrown into prison. Following Bombay, other
provinces like Punjab also saw the spectre of Communism
stalking over the land and the Kirti (Workers), Kishan
(Peasant) Party of Punjab was therefore declared illegal as
being a Communist body. While strengthening the grip over
the radical wing of the Worker's movement, the Government
also took further measures in Bengal to crush the terrorist
campaign of the revolutionaries. While the year before,
mere attempt to murder had been made punishable with
death, in 1934, possession of arms, explosives, etc., was
similarly made punishable with death. The recent attempt
to assassinate the Governor of Bengal, Sir John Anderson,
which is reminiscent of a similar attempt made two years ago¹
—shows, however, that the terrorist campaign is unfortunately
not dead as yet—though public opinion has been expressing
itself more and more against it.
The favourable situation created for the British Govern-
ment through the surrender of the Congress and the official
policy of ruthless repression, was utilised for promoting the
trade interests of Great Britain in India. Reference has
already been made to the ratification of the Ottawa Agree-
ment, whereby the principle of Empire Preference was forced
on India, in spite of her opposition and to her detriment.
During the period under consideration, two other measures
were adopted in connection with the textile trade of India
¹ In February 1932, a young woman graduate, Miss Bina Das, attempted
to shoot the Governor of Bengal, Sir Stanley Jackson, at the convocation
of the University of Calcutta. The Governor had a providential escape
and Miss Das was sentenced to nine years' imprisonment.
The latest news is to the effect that some of the would-be assassins
of Sir John Anderson have been sentenced to death.

DEFEAT AND SURRENDER 309
—the Indo-Japanese Agreement and the Indo-British Agree-
ment. In spite of all the specious arguments urged in favour
of the two Agreements, Indian public opinion regards the
first agreement as a conspiracy between British and Japanese
industrialists to exploit the Indian market and the second
agreement as an unholy alliance between the British capitalists
and a section of the Indian capitalists to get the most out of
the poor Indian consumer. Till the Nationalist Party is once
again installed inside the Legislatures, it will not be possible
to undo the harm done to India by these two measures.
The elections to the Indian Legislative Assembly are at
present (November, 1934) in progress. During 1935, public
attention in India will be directed towards the tactics of the
Congress Party in the Assembly. It is extremely unlikely
that there will be any startling developments between now
and the inauguration of the new constitutional reforms.

CHAPTER XV
THE WHITE PAPER AND THE COMMUNAL AWARD¹
THE proposals contained in the White Paper issued in March,
1933, represented the tentative conclusions arrived at by the
British Government after three sessions of the Round Table
Conference. According to this scheme, India is no longer
to be divided into British India ruled directly by the British
Government, and the Indian States ruled by Indian Princes,
or Rulers or Maharajahs under the suzerainty of the British
Crown. India is to be a federation composed of the provinces
of British India, eleven in number including Sindh and
Orissa, and such of the Indian States as would voluntarily
join the Federation. Those Rulers who signify their desire
to join the Federation will have to execute a formal Instrument
of Accession transferring to the British Crown for the pur-
poses of the Federation their powers and jurisdiction in
respect of those matters which they are willing to recognise
as Federal matters. The powers and jurisdiction so trans-
ferred will be exercised by the appropriate Federal organs
created by the new Constitution Act. The Federation will
be brought into existence by the issue of a Proclamation by
His Majesty, the King-Emperor, but the proclamation will
not be issued until:
I. His Majesty has received intimation that the Rulers
of States representing not less than half the aggregate
population of the Indian States and entitled to not
less than half the seats to be allotted to the States
in the Federal Upper Chamber have signified their
desire to accede to the Federation.
and
¹ This chapter gives only a rough idea of the provisions of the White
Paper and the Communal Award. For further details which are uninter-
esting to the general reader, one should refer to—Proposals for Indian
Constitutional Reform 1933. printed and published by His Majesty's
Stationery Office, Adastral House, Kingsway London, W.C.2. Price 2s. nett.
310

THE WHITE PAPER 311
2. Both Houses of the British Parliament have presented
an address to His Majesty praying that such a Pro-
clamation may be issued. It is further provided that
before the first Federal Ministry comes into being,
a Federal Reserve Bank,¹ free from political influence,
will have been set up by Indian legislation and be
already successfully operating.
The White Paper also states, that ‘it is probable that it
will be found convenient or even necessary that the new
Provincial Government should be brought into being in
advance of the changes in the Central Government and the
entry of the States.’ It is therefore clear that the inaugura-
tion of the Federation may be indefinitely postponed even
after the new Constitution Act is passed by the British
Parliament.
The idea of bringing in the Princes into the constitutional
machinery is to provide a Conservative element in the Federal
Legislature which will counteract the radical forces in British
India. With this object in view, while the representatives
from British India in the Federal Legislature will be returned
through a director (or indirect) election² with the help of a
popular franchise, however restricted, the representatives from
the States will be nominated by the Indian Rulers. The
subjects of the Indian States comprising about one-fourth of
the total population of India³ will have no representation what-
soever in the Federal Parliament. The support of the Indian
Rulers (or their nominees) to the British Government in the
working of the Federal Constitution will be secured because
the British Government in its turn undertakes not to interfere
in the internal autocratic administration of the Indian States.
Thus, if the Federation is ultimately set up according to the
White Paper proposal, the Princes will retain their sovereignty
¹ The Reserve Bank Bill has been already passed by the Indian Legis-
lative Assembly.
² The White Paper recommended direct election in the case of the
Federal Assembly (Lower House) and indirect election in the case of the
Council of State (Upper House). The Joint Parliamentary Committee,
however, have recommended indirect election in both cases.
³ In the 1931 Census, the total population of India including Burma
is about 352 millions. British India excluding Burma has a population
of about 257 millions. The total population of the Indian states is about
81 millions.

312 THE INDIAN STRUGGLE
over their internal affairs and will have a further hand in
working the Federal machinery. There will be no provision
in the new Constitution for a democratic or popular or con-
stitutional government in the Indian States. Moreover, the
Indian States will enjoy special concessions or exemptions in
the matter of Federal taxation and in the Federal Legislature
they will have representation far in excess of their population.
In spite of these baits thrown out by the British Government,
many of the Indian rulers are fighting shy of the constitutional
innovation.
According to the White Paper, the offices of the Viceroy
and the Governor-General will be separated, though the two
offices will be held by the same person. The Governor-
General will be the executive head of the Federation and will
have the supreme command of the military, naval and air
forces of India as well, while the Viceroy will be the represen-
tative of the British Crown and will exercise the powers of the
Crown in relation to the Indian States and all other matters
outside the scope of the Federal Constitution. The Governor-
General will himself direct and control the administration of
certain Reserved Departments—namely, Defence, External
Affairs and Ecclesiastical Affairs. In this administration he
will be assisted by not more than three Counsellors, who will
be appointed by himself and will be ex-officio members of
both the Legislatures, without the right to vote. For the
purpose of aiding and advising the Governor-General in the
exercise of other powers, there will be a Council of Ministers.
The Ministers will be appointed by the Governor-General,
will hold office during his pleasure and must be members of
one or other Chamber of the Federal Legislature. The
Counsellors will be responsible to the Governor-General
alone—but the Ministers will be responsible to the Legis-
lature, subject to such control as the Governor-General will
exercise over their departments. In regard to administration,
the Governor-General will make, in his discretion, any rules
which he regards as requisite to regulate the disposal of
Government business and the procedure to be observed in
its conduct. He will also be empowered in his discretion to
appoint a Financial Adviser to assist him in his special

THE WHITE PAPER 313
responsibility for financial matters. The salary of the Financial
Adviser will be fixed by the Governor-General and will not
be subject to the vote of the Legislature, nor will he be
responsible to the Legislature.
Apart from his exclusive responsibility for the reserved
departments, the Governor-General will be declared to
have a 'special responsibility' in respect of the following
matters:
(a) The prevention of any grave menace to the peace and
tranquillity of India or any part thereof.
(b) The safeguarding of the financial stability and credit
of the Federation.
(c) The safeguarding of the legitimate interests of minorities.
(d) The securing to the members of the public services
of any rights provided for them by the Constitution
Act and the safeguarding of their legitimate interests.
(e) The prevention to commercial discrimination.
(f) The protection of the rights of any Indian State.
(g) Any matter which affects the administration of any
department under the direction and control of the
Governor-General.
It will be for the Governor-General to determine in his
discretion whether any of the 'special responsibilities' here
described are involved by any given circumstances.
In the Instrument of Instructions which will be issued to
the Governor-General by the King-Emperor, it will be
provided that in the administration of the departments under
the direction and control of the Governor-General on his
own responsibility and of matters committed to his discretion
—he will be under the control of the Secretary of State for
India. Though in other matters the Governor-General
should ordinarily be guided by the advice of his Ministers, he
may not accept their advice if it is considered by him as
inconsistent with the fulfilment of a special responsibility
entrusted to him by law and in such a case the Governor-
General may take such action as he will judge requisite, subject
to the directions of the Secretary of State for India. It will

314 THE INDIAN STRUGGLE
be clear that in such matters the responsibility of the Ministers
to the Legislature is non-existent.
The Governor-General will have the power to make and
promulgate Ordinances for a period of six months and renew
them for a second period if at any time he is satisfied that it is
necessary for the requirements of the reserved departments
or any of his 'special responsibilities.' He will also have the
power of making and promulgating Ordinances for the good
Government of British India or any part thereof, if at a
time, when the Federal Legislature is not in session, his
Ministers are satisfied that an emergency exists. Both kinds
of Ordinances while in operation will have the force and
effect of Acts of the Legislature. Further, in the event of a
breakdown of the Constitution, the Governor-General will
be empowered at his discretion, by Proclamation, to assume
to himself all such powers vested by law in any federal
authority as appear to him to be necessary for the purpose of
securing that the Government of the Federation shall be
carried on effectively.
The Federal Legislature will consist of two Chambers to
be styled the Council of State (Upper House) and the House
of Assembly (Lower House). Each Council of State will
continue for seven years and each House of Assembly for
five years, unless sooner dissolved. The Council of State will
consist of no more than 260 members, of whom 150 will be
elected from British India, not more than 100 will be appointed
by the Rulers of the Indian States and not more than ten
will be nominated by the Governor-General in his discretion.
Out of 150 British Indian seats, 136 will be filled by election
by means of the single transferable vote by the members of
the Provincial Legislatures, the bigger provinces being entitled
to 18 seats and the smaller to 5 seats each. Out of the remain-
ing 14, Europeans, Indian Christians and Anglo Indians will be
entitled to 7, 2 and 1 seats respectively—while Coorg, Ajmer,
Delhi and Beluchistan will be entitled to one seat each.
One-third of the British-Indian seats in the Council of State
will be reserved for the Moslem community, though their
population is approximately only one-fourth of the entire
population of British India. The House of Assembly will

THE WHITE PAPER 315
consist of not more than 375 members of whom 250 will be
elected from British India and not more than 125¹ will be
appointed by the Rulers of Indian States. The number
earmarked for British India will be allocated to the several
communities and interests as follows: Depressed Classes
(Hindus), 19; Sikh, 6; Moslem, 82; Indian Christian, 8;
Anglo-Indian, 4: European, 8; Women, 9; Commerce and
Industry, 11 (of whom approximately 6 will be Europeans²);
Landholders, 7; Labour, 10; General (Hindus and others),
105. The Depressed Classes seats will be filled up in the
manner prescribed in the Poona Pact adopted after the fast of
Mahatma Gandhi in September 1932. Bills will be introduced
in either Chamber, but Money Bills and Votes of Supply will
be initiated only in the Assembly. No Bill will become law
until it has been agreed to by both Chambers and has been
assented to by the Governor-General, or in the case of a
Reserved Bill until His Majesty in Council has signified his
assent. Any Act assented to by the Governor-General will
within twelve months be subject to disallowance by His Majesty
in Council. The Governor-General will, however, have the
power to enact at his discretion as a Governor-General's Act
any Bill which is not passed by the Chambers within a specified
date in spite of a message from the Governor-General that that
Bill should become law by that date. A Governor-General's
Act will have the same force and effect as an Act of the
Legislature. The Governor-General will be further empowered
in his discretion, in any case in which he considers that a
Bill introduced or proposed for introduction or any clause
thereof or any amendment to a Bill moved or proposed, would
affect the discharge of his responsibility, to direct that the
said Bill, Clause or Amendment shall not be further pro-
ceeded with. It will thus be seen that the Governor-General
has been vested with extraordinarily wide powers in the
matter of modifying any legislation under consideration,
¹ With a population less than one-fourth of India, the Indian States
will have 33⅓ per cent. of the seats in the assembly and more than 38 per
cent. of the seats in the Council of State.
² The European population in India is 168,134 out of a population of
about 352 millions. Nevertheless, they are to have 14 seats in the Assembly
and 7 seats in the Council of State.

316 THE INDIAN STRUGGLE
withholding legislation completely and enacting fresh legis-
lation. Such powers he does not possess even to-day.
The White Paper further says: 'Apart from the Reserved
Departments and the 'special responsibilities' of the Governor-
General outside the sphere of those departments, there is a
third category of matters in which the Governor-General will
not be under any constitutional obligation to seek or having
sought, to be guided by ministerial advice. For this purpose
certain specified powers will be conferred by the Constitution
on the Governor-General and will be expressed as being
exercisable 'at his discretion.' In this category of 'dis-
cretionary powers' . . . His Majesty's Government anticipate
that the following matters will be included:
(a) The power to dissolve, prorogue and summon the
Legislature.
(b) The power to assent to, or withhold assent from Bills
or to reserve them for signification of His Majesty's
pleasure.
(c) The grant of previous sanction to the introduction of
certain classes of Legislative measures.
(d) The power to summon forthwith a joint session of the
Legislature in cases of emergency where postponement
till the expiration of the period to be prescribed by the
Constitution Act might have serious consequences.
With regard to Legislative procedure the Governor-
General will be empowered to make rules:
(a) Regulating the procedure of and the conduct of
business in the Chamber in relation to matters arising
out of, or affecting, the Administration of the Reserved
Departments or any other special responsibilities with
which he is charged.
(b) Prohibiting, save with the prior consent of the
Governor-General given at his discretion, the dis-
cussion of or the asking of questions on:

1. Matters connected with any Indian State other
   than matters accepted by the Ruler of the State
   in his Instrument of Accession as being Federal
   subjects, or
2. Any action of the Governor-General taken in his
   discretion in his relationship with a Governor.

THE WHITE PAPER : 317
3. Any matter affecting relations between His
Majesty or the Governor-General and any
foreign Prince or State.
In the event of conflict between a rule so made by the
Governor-General and any rule made by the Chamber, the
former will prevail and the latter will, to the extent of the
inconsistency, be void.
From the above it will be clear that in order to nullify the
effect of ‘responsibility of the executive to the Legislature’
—not only have numerous reservations been made in the
matter of responsibility, but the powers of the Legislature
have been severely curtailed. The net result is that the
Federal Legislature will be more helpless than the Indian
Legislature of to-day and the Governor-General of the future
will be more powerful than the Governor-General of to-day.
The Governor-General will cause a statement of the
estimated revenue and expenditure of the Federation,
together with a statement of all proposals for the appropriation
of those revenues, to be laid, in respect of every financial
year, before both Chambers of the Legislature. Proposals
for appropriation of revenues will not be submitted to the
vote of either Chamber of the Legislature if they relate to
heads of expenditure like—Interests, Sinking Fund Charges,
Expenditure fixed by the Constitution Act, etc., salary and
allowances of the Governor-General, of Ministers, of Coun-
sellors, of the Financial Adviser, etc., expenditure required
for the Reserved Departments, etc., salaries and pensions of
the Judges of the Federal or Supreme Court, etc., salaries
and pensions payable to, or to the departments of, certain
members of the Public Services, etc.¹ The statement of
proposals for appropriation will specify those additional
proposals whether votable or non-votable, which the Governor-
General regards as necessary for the discharge of any of his
special responsibilities. The proposals for the appropriation
¹ In the light of legislative experience, the expectation or rather ap-
prehension is that the non-votable items will cover about 80 per cent.
of the total expenditure.
The White Paper provides that the Governor-General will decide which
item is non-votable as falling under one of these heads.

318 THE INDIAN STRUGGLE
of revenues, other than proposals relating to heads of expen-
diture enumerated above and proposals made by the
Governor-General in discharge of his special responsibilities,
will be submitted to the vote of the Assembly. The Council
of State, by a motion duly passed, may require that any
demand which is reduced or rejected by the Assembly shall
be brought before a joint session of both Chambers for final
determination. At the conclusion of the budget proceedings,
the Governor-General will authenticate by his signature all
appropriations, whether voted or non-votable. In the
appropriation so authenticated, the Governor-General will be
empowered to include any additional amounts which he
regards as necessary for the discharge of any of his special
responsibilities—provided that the total amount authenticated
under any head is not in excess of the amount originally laid
before the Legislature under that head in the statement of pro-
posals for appropriation. Thus if any grant is refused by the
Legislature, the Governor-General will be empowered to re-
store it. The respective legislative fields of the Centre and of the
provinces will be defined in terms of the subjects which will
be scheduled in the Constitution Act. It is proposed further
to include in the provincial list a general power to legislate on
any matter of a purely local and private nature in the province.
But in order to provide for the possibility that a subject which
in its inception of a purely local or private character may
subsequently become of All-India interest, it is proposed to
make that power subject to a right of the Governor-General
in his discretion to sanction general legislation by the Federal
Legislature on the same subject-matter.
With regard to the position of the Federal Ministers, the
White Paper says that 'the number of ministers and the
amounts of their respective salaries, will be regulated by Act
of the Federal Legislature.’¹ Nevertheless, there is a further
provision that the salary and allowances of the Federal Ministers
will not be submitted to the vote of either Chamber of the
Federal Legislature.² (There are similar provisions with
regard to the Provincial Ministers.)
¹ Paragraph 15 of the White Paper Proposals.
² Paragraph 49 of the Proposals.

THE WHITE PAPER 319
With regard to the Federal Judiciary, the White Paper
provides for a Federal Court and a Supreme Court. The
Federal Court will have an original and an appellate juris-
diction and will deal with all disputes involving the inter-
pretation of the Constitution Act or any rights or obligations
arising thereunder. An appeal will lie to His Majesty in
Council from a decision of the Federal Court in any matter
involving the interpretation of the Constitution Act. There
will also be a Supreme Court for India, which will be a
Court of Appeal from High Courts in British India. An
appeal from the Supreme Court to His Majesty in Council
will be allowed in civil cases only by leave of the Supreme
Court. In criminal cases no such appeal will be allowed.
After the publication of the White Paper, while giving
evidence before the Joint Parliamentary Committee, Sir
Samuel Hoare stated that the idea of having a separate
Supreme Court might be abandoned and provision might be
made enabling the Legislature, if and when it was thought
desirable, to extend the jurisdiction of the Federal Court—so
as to make it the one final Court of Appeal, subject always
to the right of appeal to His Majesty in Council. According to
the White Paper, the Chief Justice and the Judges of the
Federal Court (as also of the Supreme Court if it comes into
being) will be appointed by His Majesty and will hold office
during good behaviour. Their salaries, pensions, etc., will
be fixed by Order in Council and will not be subject to the
vote of the Legislature.
After the commencement of the Constitution Act, the
present Council of the Secretary of State for India will be
dissolved. The Secretary of State will then appoint not less
than three and not more than six persons, who will form his
Advisory Council. Persons appointed by the Secretary of
State to any of the Services before the commencement of the
Constitution Act will continue to enjoy all Service rights
possessed by them at that date. After the commencement of
the Constitution Act, the Secretary of State will continue to
make appointments to the Indian Civil Service, the Indian
Police and the Ecclesiastical Department and the conditions
as to pay and allowances, pensions, discipline and conduct of

320 THE INDIAN STRUGGLE
such persons will be regulated by rules, made by the Secretary
of State. Every person appointed by the Secretary of State
will continue to enjoy all service rights existing at the date of
his appointment. 'At the expiration of five years from the
commencement of the Constitution Act, a statutory inquiry
will be held into the question of the future recruitment for
those services except the Foreign Department and the Eccle-
siastical Department. The decision on the results of this
inquiry, with which the Governments in India concerned
will be associated, will rest with His Majesty's Government
and be subject to the approval of both Houses of Parliament.'¹
Thus the important services will continue to be under the
control of the Secretary of State for India in London, in spite
of the so-called responsibility granted to India. The Federal
and Provincial Ministers will have as subordinates, officials
over whose destiny they will have no control and against
whom they will not be able to take any disciplinary measures.
As for the other services, the Federal and Provincial Govern-
ments respectively will appoint and determine the conditions
of service of all persons in the Federal and Provincial services
respectively. For conducting competitive examinations for
appointments to the Federal and Provincial services respec-
tively, there will be a Federal Public Service Commission and
Provincial Public Service Commissions. The members of the
Federal Public Service Commission will be appointed by the
Secretary of State and of the Provincial Public Commission
by the Governor. The emoluments of the members of all
Public Service Commissions will not be subject to the vote
of the Legislatures. Thus the Public Service Commissions
will be quite independent of the popular will.
Some other provisions have been made to safeguard the
interests of Britishers. The Indian Reserve Bank² already
¹ White Paper Proposals, para. 189.
² An announcement has been made by the India Office, London, on
4th October, 1934 saying that the Indian Reserve Bank Bill will be con-
stituted early in 1935. The Governor, Deputy-Governors and the Central
Board of the Bank will of course be appointed by His Majesty's Govern-
ment. As a matter of fact, some appointments have already been made.
Sir Osborne Smith has been appointed Governor of the Bank; Mr. J. B.
Taylor, first Deputy Governor and Sir Sikandar Hayat Khan (some time
Acting Governor of the Punjab) second Deputy Governor.