more widely to Indians and thereby necessarily affecting the cohesion of the services. Some people have been so much impressed by the undoubted difference of view between the Services and educated Indians, and by the anticipated effects of a larger Indian element in the Services that they apprehend that this may result in increasing pressure to get rid of Englishmen, and increasing reluctance on the part of Englishmen to give their further Services to India under the new conditions." As a matter of fact, however, not more than two or three European Servants resigned their service because of the introduction of the Reforms. The conditions of their Service have been most liberelly improved; and though the period of transition will have its difficulties, there is no reason why the relations between the Indians and the Europeans should not be more cordial than in the past and why the European officials should not contribute to the success of the Reforms and to the progress of India towards Responsible Government.

92. But although the prospect is hopeful means must be taken to protect the interests of the Services in the discharge of their duties We must in the Classification first place, distintinguish between three

of services.

kinds of Services in a province in futureIndian, Provincial and Subordinate. The chief criterion. of Division is the appointing authority. Broadly speaking the Indian Division includes services for which the Secretary of State recruits the whole or a considerable part of the Members-the Services in fact in which it is desired to retain a definite proportion of Europeans or Indians educated in England. The Provincial Division embraces posts with duties of a responsible character and not of a merely clerical type, for which the Local Government ordinarily recruits. All subordinate and clerical posts come under the third.

93. It is necessary to consider only the first division. i. e. the Indian Civil Service, Indian Police, Indian Medical, Indian Education, Indian Forest,

Viceroy's Assurance to them.

Public Works etc. To these Services which had misgivings about their position under the Reforms the Viceroy gave a public assurance in a speech in the Council. After gracefully acknowledging the splendid war-work of the Services he laid down three propositions. (1) Under the Reforms, the position of the Services will undergo a profound alteration Uptil now, the Services were not merely the executive agents of a popular government in India, but they were to administer the country under the official Government of India. But with responsible Government, however limited, the Ministers must administer and the permanent Services must execute. (2) The cooperation of the services-trained, efficient, impartial, with their high standards of duty, of character, of the public interest, is absolutely essential for the success of the Reforms. (3) The undertaking that the pay, pensions, leave, and conditions of service generally, shall be guaranteed at least by statutory orders of the Secretary of State, which no authority in India will have power to disregard or vary.

The position of the Services in those Departments that have been transferred has to be carefully understood. The Viceroy assured them that his Government had vividly before their mind the sort of troubles that might arise over posting, of promotion, of policy, of professional questions, of discipline, and promised that in no case would the Services be adversely affected by the circumstance of transfer.

94. To give effect to this promise provision has been made by section 36 of the Act and by rules under the same. The former lays down:-" Every person in the Civil Service of the Crown in India

Provision made by the Act.

holds office during His Majesty's pleasure and may be employed in any manner required by propera uthority within the scope of his duty, but no person inthat service may be dismissed by any authority subordinate to that by which he was appointed, and the Secretary of State in Council may (except so far as he may provide by Rules to the contrary) reinstate any person in that service who has been dismissed.

"If any such person appointed by the Secretary of State in Council thinks himself wronged by an order of an official superior in a Governor's Province, and on due application made to that superior does not receive the redress to which he may consider himself entitled, he may, without prejudice to any other right of redress, complain to the Governor of the Province in order to obtain justice, and the Governor is hereby directed to examine such complaint and require such action to be taken thereon as may appear to him to be just and equitable.”

By Rules under the section.

95. The rules made under the above section provide: (1) that an Officer in the province employed in a Reserved Department will be amenable to the Governor in Council and one employed in the Transferred Department to the Governor acting with the Ministers. (2) That no order affecting the emoluments or pensions, no order of formal censure, and no order on a memorial will be passed to the disadvantage of an Officer of an all-India or Provincial Service without the personal concurrence of the Governor; and (3) that no order for the posting of an Officer of an all-India Service will be made without the personal concurrence of the Governor. An Officer is deemed to be serving that Department which controls the Budget Head to which his pay is debited; and if he performs duties both in a Department dealing with a reserved and also

with a transferred subject, the Governor is to decide to which Budget Head his pay is to be debited.

It will thus be seen that the interests of the Service have been entrusted to the Governor, and the Instrument of Instructions issued to the Governor specifically refers to his duties in thisconnection. In discharging this personal responsibility the Governorwill of course resort to joint deliberation by both halves of the Government before the final orders are issued. The Government of India opposed this joint deliberation on the ground that (1) this provision obscures the respective responsibility of each half of the Government. (2) In the case of transferred subjects the proposed plan comes to formal intervention by the Governor in Council; (3) in the case of reserved subjects there can be no reason for bringing in the Ministers except as a purely reciprocal arrangement.

But as against this it ought to be remembered, as pointed out by the Functions Committee that joint deliberation does not mean joint voting, and the final order will be issued by the Governor in Council, or by Governor with Ministers as the case may be; that the facts will come before the members of the Executive Council, who are themselves familiar with the details of administration, and who will leave on record their view of the case, which might be available for the appellate authorities; without this precaution it will be possible for an Officer to be condemned by a Governor new to the country, and by a Minister who had no experience of the administration; and finally though an Officer's conduct in a reserved department is in question, his conduct in the transferred department may be relevent in explanation or mitigation. Joint deliberation will also secure unity of policy.

But whatever the issue of the joint deliberation, it is upon the Governor personally that the heavy duty has been cast of establishing 'by a readjustment of persons and

places' a complete understanding between his Ministers and Officers through whom they will have to work.

The problem of the provincial and subordinate services is not very difficult, as here the appointing authority is the provincial Government and there need be no appeal to the Secretary of State as against the orders of the Governor which he will issue after consulting his Councillors and Ministers, and in agreement with one or the other according as the officer served in the 'reserved' or 'transferred' department.

CHAPTER V.

Structure of Provincial Legislative Councils.

96. Before proceeding to describe in detail the various ways in which the Legislative Councils have been affected by the Reforms, it is necessary

Pre-Reforms Condition.

to see how they worked under the old regime. The underlying principle of those Reforms was to associate the people to a greater extent in the decision of public questions. With this end in view in addition to the introduction of one Indian into the Executive Councils, all the Provincial Legislative Councils were enlarged, given a substantial elective element, a non-official majority, and enlarged powers of asking questions, moving resolutions, and discussing the budget. Though these increased opportunities of influencing the administration were fully availed of by the Concils, the latter failed to satisfy the people. In fact the Reforms were based upon the fundamental principle that the Executive Government should retain the final decision of all questions. Lord Morley expressly repudiated that they were a step towards. responsible Government. The Provincial Governments were completely responsible to the Central Government,