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additional member when the council sits in his Province. Five of the nonofficial members are appointed by the Governor General. The remaining 27 are elected by the nonofficial members of the provincial councils, by special electorates of landholders and of Mohammedans, by the chambers of commerce
of Calcutta and Bombay, etc. Its proceedings are public. Subject to certain restrictions, this council legislates for all
persons in British India, for all British subjects in the native States, and for all native Indian subjects of the King anywhere in the world. No measure which relates to the public revenue or debt, religion, military or naval matters, or foreign relations can be introduced into the council until it has received the sanction of the Governor General. The Governor General has an absolute veto power on all legislation. He may also reserve an act for the signification of His Majesty's pleasure, but unless that is done the consent of the Crown is
not necessary to the validity of an act. There is no central judicial body in British India, the chief
courts being the high courts of Calcutta, Bombay, Madras, and Allahabad. In certain cases appeals may be taken to the
judicial committee of the privy council in Great Britain. d. Provincial governments.
The provincial governments vary according to the size of the
Province and its advancement in the scale of civilization. India is now divided into 15 Provinces, at the head of each of
which is either a governor, lieutenant governor, or chief com
missioner. The governors of Madras, Bombay, and Bengal are appointed
by the Crown, and each of them has an executive council consisting of two members of the Indian civil service and an Indian member appointed by the Crown, and the secretary of state may increase the number to four, of whom two at least must have been in the service of the Crown in India for at least 12 years. Under the Government of India act, 1912, the lieutenant governor of Bihar and Orissa also has an executive council. The lieutenant governors are appointed by the Governor General, with the approval of the Crown. The chief commissioners are appointed by the Governor General in
council. The governors, lieutenant governors, and chief commissioners
of the central Provinces and Assam have legislative councils of their own. The nonofficial element is in a majority in all the provincial legislatures, but there are in every case some nonofficial members who are appointed by the Government.
Bengal is the only Province in which the elective element
predominates. The Government of India exercises a strict and constant super
vision over the provincial governments, especially in the mat
ter of finance. Although all the Provinces are under the control of the Gov
ernment of India they enjoy much administrative independ-
There are 267 districts in British India.
ple has been extended in a large or sinall measure all over
Indians and in many committees all the members are Indians. e. Indian civil service.
The Indian councils can not turn out a government, and can not
make a government. The Indian civil service is the government. It may accept amendments, it may withdraw a measure in face of criticism which it judges to be well founded, it may profit by the suggestions of nonofficial members, but it is master in its own house. Cabinet councils, government majorities, diplomatic agencies in the native States, administrative agencies in British India--all are provided by the Indian civil service, recruited by competitive examinations in London, to which native Indians are admitted, and they now
number 65 out of about 1,300. There is no office, save that of Governor General, to which an
Indian may not aspire. A Mohammedan gentleman sits as legislative member of the Governor General's executive council. Two Indian members are among the advisers of the secretary of state in the council of India, and every high court includes judges selected from the Indian bar. The civil judicial administration, except for the small number of judges recruited from the civil service of India, is wholly in the hands of Indians, who supply all the munsifs and subordinate judges. The executive administration also, in all its lower grades, is entirely worked by Indians, and the tendency is to increase
the Indian element in the higher grades. f. Religious freedom.
Religious freedom is guaranteed, and no measure dealing with
religion can be introduced in the legislative council until it has received the approval of the Governor General. Laws
have been passed to abolish suttee and to make it possible for Hindu widows to remarry without forfeiting their civil privileges. These measures are not generally regarded as restricting religious freedom, although another act designed to mitigate the severity of child marriages was very widely re
sented and it has been found impossible to enforce it. g. Fiscal limitations.
The secretary of state in council exercises a close supervision over
Indian finance. Except within certain narrowly defined limits, the Government of India can not make any new expenditures until they have been sanctioned by the secretary of state in council. The annual budget must also be approved by the British Parliament. Sometimes, as in the case of the cotton duties in 1917, there is a considerable amount of debate and a division in the House of Commons. An increase in the public
debt must also be sanctioned by the secretary of state in council. h. Military restrictions.
The authority over the army in India is vested in the Governor
General in Council, subject to the control of the Crown exercised through the secretary of state for India. The Government of India supports the army except when it is absent from India on imperial service. Since the reorganization which followed the mutiny (1857) about one-third of the army has been
British and two-thirds native. i. Immigration and emigration.
There are no restrictions on immigration. Indentured emigra
tion, however, is carefully regulated by the Indian emigration act of 1908 and the rules issued thereunder. Emigration "is allowed only from certain ports and to a limited number of countries that have satisfied the Government of India that sufficient provision is made for the protection of emigrants during their residence therein.” In accordance with this principle, emigration to Natal was discontinued in 1911. Under an act passed in 1917, indentured emigration is permitted only to countries that will agree to admit the Indians to full rights
of citizenship when their indentures expire. j. Trade restrictions.
There are no trade restrictions whatever favoring Great Britain
or any other country. The general level of import duties is 5 per cent, and the raising of revenue is practically the only consideration. There is a fairly high specific duty on petroleum, which, in a measure, protects the oil interests of Burma against the United States, Russia, and the Netherlands Indies. There is a duty of 7} per cent on manufactured cotton goods which applies to all countries, but which chiefly affects the
manufacturers of Great Britain, who furnish over 90 per cent of all manufactured imports of this class. This duty is partially offset by an excise of 34 per cent on cotton goods manufactured in India on power looms. This means that Indian hand-loom weavers have a protection of 74 per cent and powerloom weavers a protection of 4 per cent. This is the only protective schedule of any importance in the Indian tariff. Under acts passed in 1899 and 1902, countervailing duties were imposed on bounty-fed sugars. In this matter the Government of India followed the example set by the United States in the Dingley tariff, and they accepted the report of the American tariff experts as to the total amount of the bounties, both direct and indirect. These duties were remitted in 1903 in the case of all countries which were parties to the Brussels sugar convention of 1902. The exemptions were extended to Russia in
1908 and to Denmark and the Argentine Republic in 1912. k. Foreign affairs.
In ordinary foreign relations the Government of India is repre
sented by the British Government. The Government of India has diplomatic intercourse with the native States of India, however, and it has occasionally concluded treaties with China in regard to Tibet, the opium traffic, etc. All of these treaties and agreements must, however, be approved by the secretary of state in council. If they are very important, they must be
sanctioned by the British ministry and the British Parliament. 1. The Montagu Report.
The Report on Constitutional Reform for India, known as the
Montagu Report, made public in July, 1918, presents a comprehensive scheme of reforms in the direction of “the progressive realization of responsible government.” Beginning with the Central Government, it proposes that the Viceroy's Council be divided into two chambers, a Lower House of 100 members, which, to the extent of two-thirds, is to be an elected body, and an Upper House of 50 members, consisting of 25 official (the Council of State), 21 elected, and 4 nominated unofficial members. For ordinary legislation the assent of both chambers is required, and provision is made for joint sessions. Legislation relating to “crucial” matters can be passed
by the Upper House acting alone. More important are the changes made in the Provincial Gov
ernments, which are to have assemblies composed of a substantial majority of elected members directly elected on a broad franchise. Certain subjects, such as education, local self-government, provincial taxation and minor public works, are to be turned over (" transferred ") to the full legislative control of these assemblies and are to be under the administration of native Ministers responsible to and themselves elected 53705-1944
members of the assembly. Over other “reserved” subjects the assembly is to have a consultative voice, subject to the ultimate authority of the Governor in Council. The result of these changes is that full self-government is granted over certain limited regions of national life, under an arrangement by which the list of subjects controlled may be revised and extended after a period of 5 years. Further provision is made for a periodic review of the whole structure of Indian Government by the Imperial Parliament at intervals of 10 or 12 years. The scheme as a whole falls short of complete Home Rule, but it brings the realization of that ideal sufficiently within sight to encourage the nationalist elements in India to look forward to it with hope.
INDIA (NATIVE STATES).
1. INTERNATIONAL STATUS.
Protected dependent States.
“A native State is a political community, occupying a territory
in India of defined boundaries, and subject to a common and
Native States of India, p. 31.)
treaties, engagements, and sanads (charters or grants), by
treaties. Some of the States have no treaties at all. The ruler of a native State is forbidden to enter into direct rela
tions with a foreign country or with any other State. The British Government must act as the agent in all such negotiations. It follows from this that any benefits which the suzerain power obtains by diplomatic action for British India are shared by the native States. It also follows that the subjects of native States, when in foreign countries, have the same rights to passports, consular protection, etc., enjoyed by British Indian subjects. Inasmuch as foreign Governments can not deal directly with the native States they must look tu the paramount authority for the protection of their subjects and citizens living in the native States. Accordingly, as we have already noted, American and non-British Europeans are