'Mesopotamian Constitution. Memorandum by Mr. H. R. C. Dobbs, C.S.I., Foreign Secretary to the Government of India, on the proposals of the Bonham-Carter Committee' [‎110v] (3/6)

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Member of the first Council o£ State, grave exception will probably be taken to ti e
'siic ied arrangement. The Jews and Christians, as is shown m paia. 4, clause (()),
arflhe most progressive of the inhabitants of the country. Although they number
onlv about 7 per cent, of the population, the proportion of wealth, in their lan s
must be very much greater. They are much more interested in the development of
the countrv and there will be very important questions, regarding the trans ei o
land especially, in which their interests are bound to be gravely affected. It seems
essential that there should be, if not one Jevvish and one t-hristian Member of the
Council of State from the beginning, at least a provision that there shall be alternately
a Jewish and a Christian Member. Again, in view of the very large part which Indian
officials and personnel must for a long time to come play in Mesopotamia it would
"advisable to have one Indian Member of Council, or at least one Indian Secretary
Possibly the term " British Secretary " may be intended to provide for the appointment
of Indian Secretaries, but it would seem best, to make this quite clear.
Clause (7).—The High Commissioner is to have the power of overruling a decision
of the maiority of the Council. There should be a distinct provision for the reporting
to the High Commissioner of all decisions of the Council of State and a limitation of
time within which the High Commissioner's veto is to be exercised, and within which,
failing the exercise of the veto, the decisions of the Council are to come into lorce.
General. —The most important point of all in the matter of executive authority
has not been touched on in this paragraph, viz., the rignt oi appointment and
dismissal of officers. Are all officers of the State to be nominally appointed by the
principal executive authority, that is to say, the Council, and to be subject to
promotion and dismissal by the Council, or are they technically to receive and hold
their appointments from the mandatory Power, the British Government, through the
High Commissioner ? If they hold them from the British Government they will not
be technically servants of the State. If, on the other hand, they hoM them from the
State, and the constitution is to be for the present a temporary one, subject to revision,
these' officers will feel that they have no security of tenure, and it may be difficult to
recruit them. It would seem best to make all officers technically servants of the
State, and for the British 'Government to give a guarantee that they shall either be
entitled to serve for such period as may be necessary for the earning of their pensions
(which also would be guaranteed by the British Government), or that, if the
constitution is so altered before the close of their period of service as to make it
difficult for them to continue in the service of the State, they shall enjoy a reasonable
pension. • _
Another point left vague in para. 15 is as to who shall have the po^ver to order
the reference of matters to the Council of State. Clause (9) lays down that Arab
Members of Council shall have the right to refer to the Council of State any difference
of opinion between themselves and the Secretaries. It would seem best to give all
Members and Secretaries the right to refer questions to the Council and to require
them, in the event of a difference of opinion between them as to whether a question
should be referred or not, to consult the High Commissioner.
2. Functions of the High Commissioner.
These are nowhere laid down except generally in para. II under the head of
Reservations in favour of the mandatory Power." There is no definite link between
the High Commissioner and the Council of State, except his power of overruling the
decision of the Council proposed in para. 15, clause (7). Supposing that a Member of
Council and his Secretary jointly decide on some question tliat they will not refer it
to the Council of State, there is no provision for its being brought to the cognizance
of the High Commissioner. There should be some provision for a periodical report
of the proceedings of each department which could be submitted to the High
Commissioner and the Council of State for their examination.
Another important point is the exclusion of the Council of State from the
consideration of external affairs, including treaties and war. In view of the close
connection of parts of Mesopotamia with Syria, and with the strip of desert" inter
vening between Mesopotamia and Syria, which is inhabited by nomad tribes, there,
will be many external affairs on which it is essential to consult the Council of State..
Treaties for communication between the French and British mandatory spheres,
customs regulations, extradition, the right of pursuit of offenders beyond the
boundary (this is a very important question on a desert frontier), will all undoubtedly