Part 20 (1/2)

(3) _Legislative._--The Provincial Legislative Councils enjoy limited powers for legislation in the provinces. The Governor is the President of the Council.

The elected members of the Legislative Council are elected by const.i.tuencies formed of Munic.i.p.al and Local Boards, and Landlords with a separate const.i.tuency for Mohammedans. They are in a minority except in Bengal, where they have at present only a small majority. The Legislative Councils have no control over the Executive or the Budget.

The Acts of the Provincial Legislature must be a.s.sented to first by the Governor, Lieutenant Governor, or the Commissioner as the case may be, and then by the Governor-General subject always to disallowance by the Crown.

PUBLIC SERVICES

Recruitment, examination, and other matters relating to Indian services are at present under the control of the Indian Government and the Secretary of State, with no statutory limit for recruitment in India.

LOCAL SELF-GOVERNMENT

Half the members of Munic.i.p.alities and Local Boards are generally elected, but the bodies are under official control.

III. THE PROVINCIAL GOVERNMENTS

(1) _General._--All Provinces having Legislative Councils at present (except Burma) should have a Governor with Executive and Legislative Councils. A complete separation will be made between Indian and Provincial Revenues. Provincial Governments are to have certain powers of taxation and borrowing.

Responsible Government is to be introduced in the Provinces by a division of departments into reserved (for Government) and transferred (to popular control) subject to a revision after five years. (A Committee is appointed to settle which subjects should be transferred.

The report is not yet out.)

(2) _The Executive_ would be a kind of Diarchy, consisting of the Governor and two members (one of whom is to be an Indian) who will be in charge of the reserved subjects, and responsible only to Government; and a Minister or Ministers, nominated by the Governor from the elected members of the Council, who will be in charge of the transferred subjects and responsible not to the Legislature, but to the electors who may not elect him next time. There may also be additional members without Portfolios for the purpose of consultation.

Ministers to have no voice in decisions concerning reserved subjects or about the supply for them in the Budget.

There will be Under-Secretaries and Standing Committees from the members of the Legislative Councils to a.s.sist the Executive.

(3) _Legislative Councils._--These would be practically two Provincial Legislative Bodies: (1) Legislative Council. (2) Grand Committee.

The Legislative Council will have a substantial elected majority, elected on a broad franchise with Governor as President. (A Commission is appointed to inquire into the question of franchise and the composition of the Council, but the report is not yet out.)

The Grand Committee will comprise only from 40 to 50 per cent of Legislative Council, and its members will be partly elected by a ballot and partly appointed by nomination.

All Legislation and the Budget for transferred subjects only must be pa.s.sed in the Legislative Councils.

But when the Governor certifies that a bill dealing with reserved subjects is essential he may refer the Bill to the Grand Committee and have it finally pa.s.sed there.

The members of the Legislative Council can ask questions and pa.s.s resolutions, but the latter are not binding on the Executive, except resolutions on the Budget for the transferred subjects.

All Provincial Legislation requires the a.s.sent of the Governor and the Governor-General, and is also subject to disallowance by His Majesty.

PUBLIC SERVICE