51. Contributions and assignments to the Central Government by Provincial Government Miscellaneous adjustments between the Central and Provincial Governments

52.

Rs.

...

56,00,000

50,000

CHAPTER VII.

PART VIA.

STATUTORY COMMISSION.

84 A. (1) At the expiration of ten rears after the passing of the Government of India Act, 1919, the Secretary of State with the concurrence of both Houses of Parliament shall submit for the approval of His Majesty the names of persons to act as a commission for the purposes of this section.

Statutory commission.

(2) The persons whose names are so submited, if approved by His Majesty, shall be a commission for the purpose of inquiring into the working of the system of government, the growth of education, and the development of representative institutions in British India, and matters connected therewith, and the commission shall report as to weather and to what extent it is desirable to establish the principle of responsible government, or to extend, modify, or restrict the degree of responsible government, then existing therein. including the question whether the establishment of second chambers of the local legislature is or is not desirable.

(2) The commission shall also inquire into the report or any other matter affecting British India and the paovinces, which may be referred to the commission by His Majesty.

The appointment of a Royal Commission under statutory authority of this Act is the one provision of that enactment which, were there no others, would amply distinguish this measure from all other measures of a like description. It at once makes some progress, limits or defines the rate of that progress, and declares the measure to be clearly a temporary provision. The fact, however, that this section attempts to outline the terms of reference to a Royal Commission ten years after 1919, is noteworthy. If the Commission is to inquire, whether and to what extent it is desirable to establish the principle of responsible government," the implication is irresistible that the Act of 1919 has not established that principle. How, then, are we to look upon the dyarchy introduced by the Act of 1919? As already mentioned, the authors of the Act of 1919 considered this the best and most efficacious means to give effect to the Declaration of 1917, which spoke of an

66

"immediate, substantial measure of responsible Self-Government. " Read together, these two documents make the clause of this section quoted above utterly inconsistent. On the other hand, the further provision in the same section that the commission is to inquire into the possibility of extending, modifying or restricting "the degree of responsible government, then existing therein ", is open to more than one interpretations. It admits the possibility of a revision of the present constitution of India, both forwards and backwards, whereas the Indian people at least believe that there can be and will be no retrograde revision of the constitution of 1919. Their belief would prove to be a misapprehension, if the above interpreta tion is correct- And if, in the words quoted, stress is laid on the phrase then existing therein " there would be at least an arguable possibility of the constitution of 1919 being capable of further extension even before the advent of the Royal commission herein provided for. At any rate, the Act of 1919, which, by this section, provides a mechanism for its own revision after a given period, cannot be construed to be so rigid. during that period as not to permit of a modification within that period. That section of the Indian public opinion therefore, which desires a revision so as to bring about an immediate establishment of responsible government in India, is, at least by the express terms of the Statute, not utterly illogical or inconsistent with the governing principle of the constitution as established in 1919.

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CHAPTER VIII.

PUBLIC SERVICES IN INDIA.

-0-:

PART VII.

Salaries, Leave of Absence, Vacation of Office, Appointments &c.

85. (1) There shall be paid to the Governor-General of India and to the other persons mentioned in the Second Schedule to this Act, out of the revenues of India, such salaries, not exceeding in any case the maximum specified in that behalf in that Schedule, and such allowances (if any) for equipment and voyage, as the Secretary of State in Council may by order fix in that behalf, and, subject to or in default of any such order, as are payable at the commencement of this Act;

(2) Provided as follows:

(a) an order affecting salaries of members of the Governor-General's executive council may not be made without the concurrence of a majority of votes at a meeting of the council of India;

(b) if any person to whom this section applies holds or enjoys any pension or salary, or any office of profit under the Crown or under any public office, his salary under this section shall be reduced by the amount of the pension, salary or profits of office so held or enjoyed by him;

(e) nothing in the provisions of this section with respect to allowances shall authorise the imposition of any additional charge on the revenues of India.

(3) The remuneration payable to a person under this section shall commence on his taking upon himself the execution of his office, and shall be the whole profit or advantage which he shall enjoy from his office during his continuance therein, provided that nothing in this subsection shall apply to the allowances or other forms of profit and advantage which may have been sanctioned for such persons by the Secretary of State in Council.

86. (1) The Governor-General-in-Council may grant to any of the members of his executive council, other than the commander-in-chief, and a Governorin-Council and a Lieutenant-Governor in Council may grant to any member of