India -- History -- British occupation, 1765-1947; India -- Politics and government -- 1765-1947
(_a_) _Financial devolution_: It is proposed that henceforth there
should be a complete separation of the provincial finances from those of
the Government of India; that, reserving certain sources of revenue for
the Government of India, all others should be made over to the
Provincial Governments with the proviso that the first charge on all
Provincial revenues will be a contribution towards the maintenance of
the Government of India, considered necessary and demanded by the
latter. A certain amount of power to impose fresh taxes and to raise
loans is also conceded to the provincial Governments subject to the veto
of the Government of India.
(_b_) _Legislative devolution_: "It is our intention," say the authors
of the report, "to reserve to the Government of India a general
overriding power of legislation for the discharge of all functions which
it will have to perform. It should be enabled under this power to
intervene in any province for the protection and enforcement of the
interests for which it is responsible; to legislate on any provincial
matter in respect of which uniformity of legislation is desirable,
either for the whole of India or for any two or more provinces; and to
pass legislation which may be adopted either _simpliciter_ or with
modifications by any province which may wish to make use of it. We think
that the Government of India must be the sole judge of the propriety of
any legislation which it may undertake under any one of these
categories, and that its competence so to legislate should not be open
to challenge in the courts. Subject to these reservations we intend that
within the field which may be marked off for provincial legislative
control the sole legislative power shall rest with the provincial
legislatures." It is not proposed to put a statutory limitation on the
power of the Government of India to legislate for the provinces, but it
is hoped that "constitutional practice" will prevent the central
Government interfering in provincial matters unless the interests for
which the latter is responsible are directly affected.
(_c_) _Provincial Executive_: Article 220 gives the Governor the power
to appoint "one or two additional members of his Government as members
without portfolio for purposes of consultation and advice."
These, in substance, are the proposals of the Secretary of State and the
Government of India for the future government of the provinces into
which India is divided. Some of these latter and some other tracts are
expressly excluded from the operation of these recommendations. It will
be at once observed that this is neither autonomy nor home rule. It is a
kind of hybrid system with final powers of veto and control vested in
the Government of India. The provision as to Provincial Legislatures
make it still more complicated.
Public-domain text, read in full here on John Shaqi.
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