American Academy of Political and Social Science

The Indian Constitution

Author(s): Tej Bahadur Sapru
Source: The Annals of the American Academy of Political and Social Science, Vol. 145, Part
2: India (Sep., 1929), pp. 9-18
Published by: Sage Publications, Inc. in association with the American Academy of
Political and Social Science
Stable URL: https://www.jstor.org/stable/1016881
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 The Indian Constitution
By SIR TEJ BAHADUR SAPRU, K.C.S.I., LL.D.
Law Member of the Viceroy's Executive Council, 1920-2~; represented Government of India at
the Imperial Conference, London, 1923

IT is not intended in this survey ofthe Secretary of State has been placed
the administration of India to on the British estimates, to enable
Parliament
trace in detail the origin and growth of to discuss Indian affairs
British power in India. How, and byeffectively. In actual fact, his
more
what gradual steps, and also by certain
position in Parliament continues to be
cataclysms a company of merchants
as secure as ever.

originally intended to establish tradeWith the Secretary of State

relations between Great Britain and ciated a council generally kn
the East Indies, ultimately succeeded
India Council. It consists, b
in becoming a sovereign power, is one
of between eight to twelve
of the most fascinating chapters each
in of whom must have resided in
human history. The fact that matters India for at least ten years and must
here is that by the middle of the nine-
not have left India more than five
teenth century the sovereignty of
years before appointment. Lord
India had passed into the hands of the
Morley, the then Secretary of State,
East India Company. In 1858, the appointed the first Indians to the
British Parliament passed the Govern-Council, in 1907. Since then, several
ment of India Act, as a result of which
Indians have held the office. The
the East India Company disappeared Act requires the Council,
from the scene and the Crown took under the direction of the Secretary of
over the direct administration of India. State, to conduct the business transacted in
the United Kingdom in relation to the
THE SECRETARY OF STATE Government of India.
The Act created the Secretary of No business can be brought before the
State for India to exercise such powers Council except by the Secretary of
and to perform such duties relating to State, and though the latter cannot
the Government of India as were get certain types of business done,
exercised or performed by the East without the consent of the former, the
India Company. The simplest wayIndia of Council essentially remains a
understanding the position of the Secre-
consultative body.
tary of State is by remembering theFor years past, Indian opinion has
provisions of the section of the Act protested against the continuance of
which gave him the power to the India Council. Whatever may
superintend, direct and control all acts,have been the utility of such a council
operations and concerns which relate to the
forty or fifty years ago, it is felt that in
Government or revenues of India.
the rapidly changing circumstances of
In actual practice, he was the new
India, the presence of retired members
"Great Moghul" in the place of the
of the Indian Civil Service, or of the
old. To the people of India he was not
Army, or of retired English business-
constitutionally responsible, his re-
men, does not supply an element of
sponsibility being to the British Parlia-
progress. The Civil Serviceman, it is
ment alone. Since 1919, the salary offelt, may have been a good adminis-
9

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10 THE ANNALS OF THE AMERICAN ACADEMY

trator, but his outlook on big this theory on the ground that the
political
issues is very far removed fromGovernor
that of General is the direct and
a statesman accustomed to deal with personal representative of the King
questions of policy. Barring a fewEmperor in India. Leaving aside the
exceptions, Civil Servicemen have usu- political aspect of the question, and
ally believed that efficient adminis- confining oneself to the strictly con-
tration was all that India wanted, so stitutional point of view, it is somewhat
that they have seldom been known to difficult to challenge the position of
sympathise with Indian political senti- Lord Morley. No doubt the Governor
ment of ideals. General is also the Viceroy, and the
The Secretary of State is the con-two positions are absolutely distinct.
stitutional advisor of the Crown in all But in his administrative capacity he
Indian matters. Appointments to all is only the Governor General. Indeed,
the highest judicial and executive of- the statute nowhere speaks of him as
fices in India are made on his advice. Viceroy, and the fact of his being the
The Royal prerogative of vetoing any Viceroy does not make him any the
piece of Indian legislation is also less amenable, as Governor General, to
similarly exercised. He exercises a the control of the Secretary of State.
very real control over the Govern- Under section 33, he is required to pay
ment of India in three different ways: due obedience to all orders of the
(1) He exercises administrative control Secretary of State, whose control, in
in a variety of ways. The Govern- practice, is at once open and insidious,
ment of India are in constant touch visible and invisible. There is also
a vast amount of private and personal
with him and obtain his advice, opinion,
correspondence of which no record is
assent of sanction before they take any
important step affecting the country,kept, and which is not ordinarily
available to the members of the Gov-
or come to any decision on a big ques-
ernor General's Council or of the India
tion of policy. (2) He exercises finan-
cial control under Section 21 of the Council, which is carried on between
Government of India Act and a number the Secretary of State and the Governor
of rules in force. (3) He next exer-General. The Commission on Meso-
cises legislative control with the result
potamia condemned this practice as
that there is scarcely a piece of impor-being unwarranted by statute. It
tant legislation which is not previously
would thus appear that the relations of
reported to the Secretary of State eventhe Secretary of State and the Governor
when his previous sanction is not General are of special confidence which
sought. is not shared by the members of the
India Council or the Governor Gen-
EXECUTIVE RELATIONSHIP eral's Council.
A controversy has for long raged on
the question of the relations of the THE CENTRAL EXECUTIVE
Secretary of State and the Governor The expression, the Government of
General of India. Whereas, Lord India, really means the Governor
Morley and certain other eminentGeneral in Council. The number of
statesmen have been distinctly in-
members of the Council is not pre-
clined to the view that the Governor scribed by statute, but it is prescribed
General was really subordinate to thethat
Secretary of State, Sir Valentine Chirolthree at least of them must be persons who
and others have strongly contestedhave been for at least ten years in the serv-

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 THE INDIAN CONSTITUTION 11

Theand
ice of the Crown in India, Foreign
one and Political
must bedepart-
a barrister from England mentsor areIreland or a
under the direct charge of the
member of the Faculty of Advocates
Governor from
General. There is a secre-
Scotland or a pleader oftary
a High
attachedCourt
to each of
department, and
not less than ten years standing.
a certain number of Under Secretaries
The Commander-in-Chief, for Secretaries.
and Assistant the time The depart-
being, of His Majesty's forces
ments inare:
at present India,
(1) Home, dealing
is a member of the Governor General's mainly with law, order and justice,
Council, and has rank and precedence and the Indian Civil Services; (2)
after the Governor General. If there Finance; (3) Commerce, Railways and
is a difference of opinion on any ques- Ecclesiastical; (4) Industries and La-
tion at a meeting of the Governor bour; (5) Education, Health and Land;
General's Executive Council, the Gov- (6) Law. The Law Department is not
ernor General is bound by the decision an originating department. It gener-
of the majority of those present, having ally advises the Government of India
the right to give a casting vote in caseon constitutional matters. Ordinarily,
of a tie. In respect of a measure affect-every member in charge of a depart-
ing the safety, tranquillity or interests ment disposes of such questions as
of British India, or any part of it, thecome before him. If it is a question
Governor General may override theinvolving a matter of policy, he refers
decision of his Council, and on his ownit to the Governor General, who may
responsibility and authority, adopt,order the case to be circulated and
suspend or reject the measure in whole subsequently discussed by the Execu-
or in part. In exceptional circum- tive Council. The secretary attached
stances the Governor General may to a department is a secretary to the
exercise all the powers of the GovernorGovernment of India and not to the
General in Council. Ordinarily the Member for the department, and may
Governor General in Council cannot take over a matter directly to the Gov-
enter into a war or make a treaty
ernor General if he dissents from the
Member for that department. In such
without the express order of the Secre-
tary of State in Council. However,cases, ordinarily the Governor General
decides the case, unless he considers it
if hostilities have already commenced
against the British Government in sufficiently important to make it a
India, or against an Indian State, he "Council Case."
can do so.
The Governor General in Council, THE CENTRAL LEGISLATURE
representing the Central Executive, The Central Legislature of India,
functions subject to the control of the
created by an Act of Parliament in
Secretary of State, and is ultimately 1919, consists of a Lower Chamber
answerable to Parliament. It is not called the Legislative Assembly, and an
responsible to the Indian Legislature,Upper Chamber called the Council of
which cannot, therefore, remove it or Each Province has a certain
State.
replace it by another. Morally it may number of seats reserved to itself, the
respond to the recommendations of the being then distributed over the
seats
Legislature, but constitutionally it constituencies
is in the Province.
not incumbent upon it to do so. The Legislative Assembly is not
The Government of India is divided wholly elected. The present composi-
into a certain number of departments,tion of the elected portion of the
each being in the charge of a member.Assembly comprises 49 representatives

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12 THE ANNALS OF THE AMERICAN ACADEMY

elected by the Non-Muhommedans,

ereignty of the Crown, over any part of
30 by Muhommedans, 8 by Landhold- British India. Similarly, no measure
ers, 9 by Europeans, 4 by Chambers can be introduced
of in the Assembly
Commerce, 2 by Sikhs, and 2 are without the previous sanction of the
generally elected. The total of these Governor General if it affects the pub-
elected members comes to 104. There lic debt or revenues of India, or the
are 14 more who are nominated to religion or religious rights of any com-
represent special interests. In addi-
munity, or the discipline or mainte-
tion there are 26 official members, nance of His Majesty's military forces,
that is, the members of the Governor or the relations of the Government with
General's Executive Council, the repre- foreign princes or states, and certain
sentatives of each one of the Provincial other matters. The Governor General,
Governments, and so on. Thus the as distinct from the Governor General
total strength of the Assembly comes toin Council, can direct, at any stage in
144. The position of the Council ofthe passage of a bill, that no further
State is worse from a constitutional proceedings shall be taken in regard to
point of view. It consists of 60 mem- the bill, if he certifies that it affects the
bers in all, of whom 33 are elected by safety of tranquillity of British India.
general constituencies spread all overThe Legislative Assembly cannot
the country, and 27 are nominated by vote upon, and, unless the Governor
Government, of whom 20 are officials General permits, cannot even discuss
and 7, non-officials. The composition the parts of the budget providing for
and colour of the Council of State is interest and sinking fund charges on
such that the Government are almost loans, or for the salaries and pensions of
always certain of a majority. persons appointed by the Secretary of
It is misleading to talk of the Legis- State in Council, or for expenditure
lative Assembly as India's Parliament. classified as political or defence. The
It is neither wholly representative, nor other parts of the budget are votable
has it unrestricted powers of legisla- by the Assembly, but even in their
tion like the Dominion Parliaments. case the Governor General in Council
The more important of these restric-
can restore a grant thrown out by the
tions may be noticed here. Section 65
Assembly, if he considers it essential
of the Government of India Act, 1919,
for the discharge of his responsibilities
defines the powers of the Indian to do so. The Governor General has
Legislature. Generally speaking, it the additional power to authorize such
legislates "for all persons, for all expenditure as he feels is necessary for
courts and for all places and things the safety or tranquillity of British
within British India." But it cannot India or any part of it. After a bill is
passed by both the chambers of the
make any law affecting or repealing any
Act of Parliament extending to India,
Indian Legislature, the Governor Gen-
passed after 1860, nor any Act of
eral can return it to either House for
Parliament enabling the Secretary reconsideration.
of He can also refer it to
State to raise money for India in thea joint sitting of the two Houses. The
United Kingdom. Further, it cannot Governor General has, in the last
pass an Act affecting the authorityresort,
of the right of veto, which, even
after his assent is given, can be exer-
Parliament, or any part of the unwritten
laws of England, whereon may depend cised by the Crown as a Royal pre-
the allegiance of any person to the rogative.
British Crown, or affecting the sov-The most serious limitation, how-

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 THE INDIAN CONSTITUTION 13
ever, is one by which the Governor On the other hand, the Muhommedans,
General can certify that the who passage
form the most important minority
community
of a bill is essential for the safety, tran- in India, have hitherto
quillity, or interests of Britishgreatly
India,cherished these separate elec-
torates, and together with others who
whereupon it becomes law even without
being passed by either House ofhave enjoyed the privilege, are reluc-
Legis-
lature. The most notable instance of
tant to forego it. One hopeful feature
its use was the certification of the bill
of the present situation, however, is
to double the salt tax in 1923. This that an appreciable body of opinion
among the minorities is now favouring
power of certification has deepened the
sense of conflict between the Executive
joint electorates with reservation of
seats for the minorities. The protec-
and the Legislature, and has made the
latter anything but an independent tion of the submerged classes also has
body. The power seriously impedes
to be looked to. Without providing
them perfect equality in civil matters
the growth of a sense of responsibility
in the Legislature. To do away with and equal opportunities for education
it would mean converting an irrespon-and general uplift, an attempt at
sible Executive into a responsible one,evolving a stable constitution for
India cannot be successful. The pres-
which is the gist of the whole political
struggle in India at present. Lastly,ent system of Government nomination
the Governor General can make and of members of these classes to represent
promulgate ordinances for the good their interests is considered at best
government of British India, which very inefficient, and at worst it en-
have all the force of an Act passed courages
by such representatives to in-
the Indian Legislature. Such ordi- dulge in indiscriminate attack on even
nances are enforceable for not more that section of the elected members
than a period of six months. which is in complete sympathy with
their demands for social uplift and
REPRESENTATION AND FRANCHISE education.
One feature of popular representa- The extension of the franchise in
tion in the Central, as also the Pro- India has been a development of very
vincial Legislatures in India, is that thecautious and slow growth. Down to
electorates are not wholly territorial. 1919, the primary voter used to be
A certain number of seats in the Legis-represented in the Indian Legislatures
latures are held by Muhommedan by a very circuitous form of indirect
members who are returned exclusivelyrepresentation. The Act of 1919,
by separate Muhommedan electorates.however, entirely swept away that
Similarly, some seats are occupied by system. The general franchise qualifi-
members who are returned exclusivelycations for the Legislative Assembly
by Landholders or Zamindars, or since then have been based on: (1)
European, or Indian Chambers of community, (2) residence, and (3)
Commerce. ownership of property of a certain
These communal and special elec- value or above, usually calculated by
torates are severely criticised by Hinduthe payment of land revenue, or income
nationalists as being wrong in prin-tax, or municipal taxes. Women,
ciple. In their opinion, they have unless enfranchised by the Legislature
retarded the growth of territorial concerned, have no vote. The Legis-
patriotism, and intensified the com- lative Assembly, and the Bombay and
munal consciousness in the people. the Madras Legislatures have accord-

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 14 THE ANNALS OF THE AMERICAN ACADEMY

reality,
ingly enfranchised women. The on the nomination of Government
fran-
and 197 private patrons. (Taswell Lang-
chise for the Council of State and the
Provincial Councils is based on similar mead's Constitutional History of England.)
qualifications, excepting that for theIndian nationalists naturally conclude
former the property qualification isthat it is neither necessary for India to
much higher, and for the latter, lower,wait for electoral reform till all the
than for the Legislative Assembly.masses are properly educated.
At present, 7,400,000 persons out of
PROVINCIAL GOVERNMENTS
a total of 247,000,000 persons have got
the franchise. The constitution of the Provincial
The number of enfranchised people Governments may now be briefly
is thus infinitesimally small, having discussed. India is divided into nine
regard to the population of India. major Provinces, the type of govern-
The official argument against broaden- ment being everywhere the same. At
ing the franchise is that the electorate the head of the Executive Government
is not properly educated and, therefore, of every Province is a governor. The
would be at the mercy of the wirepuller. only permanent Indian Governor till
This argument is only a half truth and, now appointed, has been the late Lord
therefore, all the more misleading. Sinha. The functions of government
The Indian elector may not be compe- in the Provinces are divided into two
tent to exercise judgment on questions halves, called the "Reserved" and
of high policy, but so far as ordinary the "Transferred." This division, ef-
local matters are concerned the ordi- fected in 1919, is generally known as
nary Indian villager possesses sufficientDyarchy. Its underlying principle,
amount of intelligence to understand
first accepted by Mr. Montagu, was to
his good. The Indian reformers feel
give Indians a chance to acquire
that the process of educating the elec-
knowledge of practical administration
torate will be accelerated by freer op-
in certain subjects, which were, there-
portunities given to the masses for the
fore, to be placed under their control.
exercise of their political rights andThe remaining departments were to be
duties, simultaneously with the adop- reserved to the official half and admin-
istered by the Executive Council.
tion of an intensive and extensive pro-
gram of primary and adult education. Constitutionally, the essential differ-
Such progress as has been made in the ence between the two classes of sub-
matter of primary education has been jects is that the Transferred subjects
due to the interest taken in that cause are administered by Ministers ap-
by the much maligned middle classes pointed by the Governor from the
who met with no inconsiderable oppo- elected members of the Provincial
sition from the Government on various Legislatures, the Ministers being re-
pretexts. It would be relevant to sponsible to it, while the Reserved sub-
draw attention here to the condition jects are administered by the members
of the electorate in England at the timeof the Executive Council who are ap-
of the Reforms Act of 1832: pointed by the Crown and who owe
Most of the English boroughs were either
no responsibility to the Legislatures.
In
sold by their patrons, or by themselves, to practice, there is a considerable
the highest bidder. In 1793, when the amount of influence exercised over the
members of the House of Commons num- Ministers, by the Governor, in accord-
bered 558, no fewer than 354 were nominally ance with rules framed under the Act,
returned by less than 15,000 voters, but in and also because of his position as

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 THE INDIAN CONSTITUTION 15

Governor. The Act also intended municipalities, improvement trusts, dis-

that the Ministers should be given
trict aboards, etc., medical administra-
chance to influence the opinion ofpublic health, sanitation and vital
tion,
the Executive Council--of which statistics, education excepting Euro-
pean and Anglo-Indian education,
they are not members-while in prac-
tice the tendency has been to keeppublic
the works with certain reservations,
two halves of Government apart.
agriculture including research insti-
Dyarchy at first shocked both tutes,
the fisheries, cotiperative societies,
political theorist and official opinion
excise, religious and charitable endow-
in India, though latterly there ments,
has and the development of indus-
come about a change in the official tries, including industrial research and
view of it. Indian politicians were
technical education.
sharply divided on the issue at theAccording to constitutional practice
start, and a large section of themthe
re-Ministers ought to be collectively
fused to have anything to do with responsible
the to the Legislature. But
reforms as being unsatisfactory actually,
and this is not so, since often they
insufficient. The Liberals, though are
dis-not chosen from the same party.
satisfied with the Reforms, were pre-
Further, it is not always that the
pared to work them. Both, however, Ministers represent the majority party
are agreed now that Dyarchy is in un-
the Council. Their life is often
workable. It does not give a free prolonged by the support of the
scope to Indian talent, and is a fruitful official bloc, which fact also tends to
source of friction inside the Govern-
destroy the cordial and helpful re-
ment. It also makes it impossible tolations between Ministers and their
organise political parties on sound line's. Councils.
The present demand in the Provinces is The secretariat in the Provinces is,
for the control of the Legislatures over on a smaller scale, the imitation of that
all the subjects of administration, thusin the Central Government. It will
making the Executive removable by, be relevant to note at this stage that
and responsible to, the Legislatures. the subjects of administration in India,
The number of Members of a Gov- as a whole, are divided into Central
ernor's Executive Council varies from and Provincial, those of an all India
two to four from Province to Province, character being assigned to the Gov-
half of them being usually Englishernment of India, and those of a Pro-
members of the Indian Civil Service, vincial character to the Provinces.
and half Indians taken from non- Rules framed under Section 45A of the
official life. The principal subjects Government of India Act, technically
administered by the Reserved depart- known as the Devolution Rules, define
ments are the assessment, collection the limits within which the Govern-
and administration of land revenue, ment of India may interfere with the
laws regarding land tenures, land administration
im- of the Transferred sub-
provement and agricultural loans, fam-jects in the Provinces, the financial
ine relief, law, order and justice, mines,
relations between the Central and the
industrial matters, waterways, Provincial
and Governments, and the lim-
sources of Provincial Revenue. The its of the financial autonomy of the
Transferred half, administered by Provinces.
the They also provide for the
Governor acting with the Ministers, allocation of revenues between the
mainly includes Local Self-Govern- Central and the Provincial Govern-
ment, that is, matters relating ments, to the temporary administration

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 16 THE ANNALS OF THE AMERICAN ACADEMY

of Transferred subjects in casecils

ofhave the right to move non-binding
emergency, and so on. resolutions, and the right of putting
The unit of administration in every
questions, just like the Assembly.
In regard
Province is the District, divided into a to the Reserved subjects
number of subdivisions. The head of the powers of the Legislatures are much
a district is generally called a Collector.narrower than in the case of the Trans-
He combines in himself judicial and ferred subjects, and even taking the
Provincial Legislatures as a whole, they
executive powers; he is the head of the
magistracy and the police; he is respon-cannot be described as independent
sible for the collection of land revenue,
bodies acting free from outside control.
for the maintenance of peace and order, The Indian Constitution has no re-
and general supervision. Until recent semblance to well-recognised models of
years, he was the ex-officio president federal constitutions. Power is cen-
of the municipalities in urban areas, and tralised in the Government of India,
of the district boards in the rural areas. which again is subject to the superin-
In rent and revenue matters appeal liestendence, direction and control, of the
against the judgment of the district Secretary of State. What powers are
officers to Commissioners and then to enjoyed by the Provincial Legislatures
the High Courts. Above the Collector are more in the nature of a devolution
comes the Commissioner over a group from the top than anything else.
of districts, and above the Commis-
sioner comes the Board of Revenue. THE JUDICIARY

Indian opinion has always condemned India does not possess a Supreme
the combination of judicial and execu-Court for the whole country. There
tive functions in the District Collector,
are, however, High Courts functioning
though the system still continues. in most of the big Provinces, the total
number in India being seven. Each
THE PROVINCIAL LEGISLATURES
High Court consists of a Chief Justice
The Provincial Legislatures are, onwhoa is a member of the English bar,
less grandiose scale, a copy of and
the a certain number of judges. Of
Legislative Assembly. The important the seven Chief Justices, only one,
difference between them is that unlike namely, Sir Shadi Lal, of Lahore, is an
the Central Legislature, they are uni- Indian. At least one third of the
cameral. Their normal term, too, like judges of each High Court have stat-
the Legislative Assembly, is three years utorily to be recruited from the Indian
and they also have elected presidents. Civil Service. All judges of the High
Then, they have an elected majority, Courts are appointed by the King, and
as also the official and the nominated hold office during His Majesty's pleas-
blocs. Their powers of legislation are ure and not during good behaviour
limited in exactly the same manner as as in England. Chief Justices and
those of the Assembly, with the Gov- other judges of the High Courts are
ernor in the place of the Governor paid salaries of Rs 5,000 and Rs 4,000,
General. Their legislative functions per mensem, respectively.
are naturally restricted to the subjects Ordinarily the High Courts exercise
assigned to them by the Devolution civil, criminal, probate and testamen-
Rules. A bill passed by a Provincialtary, and matrimonial jurisdiction.
Council has usually to get the Governor The maritime Provinces exercise ad-
General's assent also, after the Gov- miralty jurisdiction also. The High
ernor gives his. The Legislative Coun- Courts have appellate and revisional

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 THE INDIAN CONSTITUTION 17

jurisdiction both in civil will be,and

it is difficult
criminal to say. The
matters over subordinate courts. Most Simon Commission, which has been
of the law in India has been codified, appointed to investigate and report on
and India possesses exhaustive codes onthe present situation, consists wholly of
nearly every branch of civil and crim-British members of Parliament. The
inal law, both substantive and adjec- exclusion of Indians from it has evoked
tive. In the absence of any positive a storm of criticism all over India, and
rule of law on any subject, courts are a considerable section of politicians
required to follow the rule of equity, have decided to hold aloof from the
justice, and good conscience. Indian Commission altogether.
lawyers have been appointed judges of Public opinion in India has, at times,
High Courts from the earliest times of loosely spoken of Provincial autonomy
British rule in India, and their great as the next possible step in India's
ability and scholarship, judicial inde- political advance. During the last one
pendence and integrity, have been year, however, opinion has been taking
acknowledged on all hands. India a different shape. The All Parties
has also produced powerful and inde- Conference held in Bombay in May last
pendent advocates and erudite lawyers.appointed a committee to frame a draft
The contribution .of some to legal constitution for India. The report of
literature has acquired more than this committee has been, generally
Indian fame. speaking, very well received in India,
With certain reservations regardingthough not in England. It recom-
the pecuniary value of the suit, and the mends the establishment of full re-
nature of the question involved, appealsponsible government as the next
lies on the civil side, from the Highimmediate step in the political evolu-
Courts to the Privy Council. The tion of India, and has adopted the
Privy Council is not a court of criminal
Dominion model, with large residuary
appeal, but at times it has interfered power vested in the Central Govern-
with criminal cases also. ment. Further, it lays down certain
The trial in civil suits takes placefundamental rights of the people, such
without the aid of a jury, but in certain as their equality before the law, the
criminal cases such aid is taken. Till possession of equal civic rights by men
very recently, there existed a very
and women, freedom of conscience and
marked racial distinction in criminal
religious practices, the right to ele-
procedure between Indians and Euro-mentary education, freedom of associa-
peans, though now it has been modified.tion, combination and speech, and so
on. It also provides for adult suffrage,
THE PRESENT POSITION AND FUTURE
particularly because, in its opinion, it
AIMS
affords the best solution of the com-
The existing constitution of India is munal difficulty in India. Side by
still very far removed from anything side with these provisions, there are
like responsible government or Domin- provisions for the protection of minori-
ion Status. Thus, though adminis- ties also. This report may be said to
tratively the control of the Secretary of mark a definite milestone in Indian
State has been relaxed in certain mat- politics, and the beginning of a new
ters, even now, in theory, and largely in struggle against forces of conserva-
fact, the Government of India is still tism in India and in England, which in
in the leading strings of the Secretary of the name of statesmanship are bound
State. What the next step of advance to resist the demand for the transfer of

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18 THE ANNALS OF THE AMERICAN ACADEMY

political control and power consciousness

from the and a new self-respect.
people of England to the It
people of
is alive to the difficulties that lie
India. The future is uncertain, but ahead, but hopes to face them in
Indian nationalism is gaining strengtha spirit of hope, confidence, and
every day. It has acquired a new courage.

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