The Political Future of India

by Lala Lajpat Rai

THE PRESENT CONSTITUTION OF INDIA

Under the Government of India Act, 1915 (5 & 6 Geo. 5, c. 61).

I. The Secretary of State in Council

(1) His Majesty’s Secretary of State for India superintends, directs, and controls all acts relating to the government or revenues of India. He is responsible to Parliament. He or his Council has no legislative powers.

(2) The Council of India consists of 10 to 14 members, appointed by the Secretary of State for a term of seven years; and the majority of Council must sanction expenditure of revenue and certain other specified matters. In practice two of the members have been Indians since 1907.

(3) The salaries of the Secretary of State, the Under-Secretaries and the Office establishment are paid out of Indian revenues.

II. The Government of India

(1) General.—The Governor-General of India is appointed by the Crown. He has the absolute power of adopting, suspending or rejecting measures affecting safety, tranquillity and interest of India.

(2) Executive Council.—The Executive Council consists of five or six ordinary members appointed by the Crown generally for five years, with the Commander-in-chief as an extraordinary member. Governor-General in Council is the supreme autocratic authority in India in all administrative matters, and it directly administers certain Imperial Departments. One member of Council is now an Indian.

(3) Legislative Council.—For the purpose of legislation the Council consists of all Executive members with 60 additional members, of whom only 27 are elected by specified electorates by a method of indirect election. There is separate representation for Mohammedans. The Governor-General is the President of the Council.

The members of the Legislative Council can discuss the Budget, move resolutions or ask questions, but the Executive Government is not bound thereby. In other words the Legislative has no control over the purse or the acts of the Executive.

Every act of the Legislative requires the assent of the Governor-General, and the Crown may also disallow the same. Besides in cases of emergency the Governor-General has the power to promulgate laws in the shape of ordinances, without reference to the Legislative Council, on his own initiative or on the recommendation of Provincial Governments. These ordinances to be in force for six months.