India -- History -- British occupation, 1765-1947; India -- Politics and government -- 1765-1947
The decision of the functions of the Provincial Government, popularly
known as diarchy, has been criticized as likely to lead to friction, and
sometimes to deadlock. To mitigate these difficulties, the Committee
propose important changes in the relations of the Governor with both
sections of the Government. It is to be the duty of the Governor in
Council in the case of reserved departments, and of the Governor and
Ministers in the case of transferred departments, to take care that the
administration is so conducted as not to prejudice or occasion undue
interference with the working of any department falling in the other
category. The Governor has to decide whether a particular matter falls
within the scope of a reserved or a transferred department, and to take
care that any order given by the Governor-General in Council is complied
with by the department concerned.
GOVERNOR'S INCREASED POWERS
In the case of disagreement between the Executive Council and Ministers
as to action which appears to the Governor to affect both a reserved and
a transferred department, the Governor is to give such decision as the
interests of good government may seem to require, provided that, in so
far as circumstances admit, before such decision is given the matter
should be considered by both sections of the Government sitting
together. If the Minister remains obdurate, it will be for the Governor
to dismiss and find another Minister.
If, owing to a vacancy, there is no Minister in charge of a transferred
department, the Governor will certify that such emergency exists and
that immediate action is necessary. On such certificate being given, the
Governor in Council will have authority to take action, subject to the
obligation of reporting to the Governor-General in Council. In other
words there will be re-entry for a temporary and limited purpose during
an interregnum. This is a considerable departure from the proposal of
the Joint Report that Ministers shall hold office for the lifetime of
the Legislative Council. The power of the Governor to dismiss a
Minister, says the report, "seems essential if deadlocks are to be
avoided." The over-ruling of a minister will depend in the last resort
on the Governor's personal judgment of the situation.
FINANCE
The Committee felt themselves precluded from considering any
modification of the proposals of the Joint Report for the separation of
the finances of the Government of India and of Provincial Governments.
No opinion is expressed on memoranda received at a late stage from Sir
James Meston making proposals for substantial departure from the plan of
dealing with provincial finance set forth in the Joint Report.
Public-domain text, read in full here on John Shaqi.
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