PZ 3941/33 'Reforms: position of Aden, British Baluchistan, NWFP [North-West Frontier Province] and Department of External Affairs' [‎20r] (31/62)

MOST SECRET.
FOURTH PROOF.
24 Februanj, 19S8.
Copy No. 27
THE PROPOSALS.
THE FEDERATION.
, General.
1. There will be first a declaration to the effect that all
powers appertaining or incidental to the government of India
and all rights, authority and jurisdiction possessed in that country—
whether flowing from His Majesty’s sovereignty over the territories
of British India, or derived from treaty, grant, usage, sufferance or
otherwise in relation to other territories—are vested in the Crown
and are exercisable by and in the name of the King Emperor.
[See paragraph of Introduction.]
2. The Federation of India will be a union between the
Governors’ Provinces and those Indian States whose Rulers signify
their desire to accede to the Federation by a formal Instrument of
Accession. By this Instrument the Ruler will transfer to the Crown
for the purposes of the Federation his powers and jurisdiction in
respect of those matters which he is willing to recognise as federal
matters; and the powers and jurisdiction so transferred will thereafter
be exercised on behalf of the Federation and in accordance with the
provisions of the Constitution Act by the Governor-General, the
Federal Legislature, the Federal Court (with an appeal therefrom to
His Majesty in Council) and such other Federal organs as the Act may
create. But in the case of every State which accedes, the powers and
jurisdiction of the Federation in relation to that State and the subjects
of its Ruler will be strictly co-terminous with the powers and
jurisdiction transferred to the Crown by the Ruler himself and
defined in his Instrument of Accession.
8 . Except to the extent to which a State has transferred powers
and jurisdiction by its Instrument of Accession or has recognised
thereby previous transfers—and, in the case of a State which has
not acceded to the Federation, in all respects—its relations will be
with the Crown represented by the Viceroy, and not with the Crown
represented by the Governor-General as executive head of the Federal
Government. Accordingly, all powers of the Crown in relation to
the States which are at present exercised by the Governor-General
in Council, other than those which fall within the Federal sphere,
will after Federation be exercised by the Viceroy as the Crown’s
representative.
4-. The Federation will be brought into existence by the issue
of a Proclamation by His Majesty in Council declaring that on a date
to be appointed in the Proclamation the existing nine Governors
Provinces,” with Sind and Orissa (which will be constituted as new
and separate Governors’ Provinces), are to be united in a Federation
of India with such Indian States.as may accede to the federation;
but the Proclamation will not be issued until
(a) His Majestv has received intimation that the Rulers of States
representing not less than half the aggregate population
of the Indian States and entitled to not less than half
the seats to be allotted to the States m the Federal
Legislature, have signified their desire to accede to the
Federation; and ajj
(b) Both Houses of Parliament have presented an Add ™ 38 to
His Majesty praying that such a 1 reclamation may, b ^
issued.
[8174—2]
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