Vol. 12 · pages 281–285

DOMINION STATUS 1. The Statute of Westminister to some extent lays down and codifies the law which regulates the constitutional relationship of these parts of the British Empire which is known as the British Commmonwealth of Nations. 2. The Statute of Westminister applies to the Dominions and establishes for them what is called Dominion Status. Our inquiry will be directed to understand the meaning of Dominion Status. Before approaching the subject we must ask. I. 1. What is a Dominion ? A Dominion is a colony which is declared to be a Dominion by the Statute of Westminister. 2. What is a Colony ? A Colony is a British Possession other than U. K. and India. 3. What is a British Possession ? A British Possession is any part of the British Empire exclusive of the United Kingdom over which the King exercises sovereignty. 4. What is British Empire ? (British Empire)* denotes the whole of the territories over which the King possesses sovereignty or exercies control akin to sovereignty. It includes therefore all the King’s Dominions, over which he is sovereign, and the protectorates and Protected States whose foreign relations are controlled by the Crown. It also includes the mandated territories. II. What is Dominion Status ? 1. The subject could be better under (stood)* if we compare the system of Government inaugurated by the Statute of Westminister with the system of Government which was in operation before it came into force. 2. The system which was in operation was known as Responsible Government. We must therefore grasp as a first step the characteristics of Responsible Government. * Inserted these words are erased in the ms. either on account of being eaten by termites or by afflux of time.

262 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES 3. Why Responsible Government came in some colonies and why it did not come in others ? 4. The Government of a colony differed according to the nature of the colony. 5. Colonies fall into two classes: (1) Colony by settlement. (2) Colony by Conquest or Cession. (1) Colony by settlement 1. Thus in a colony by settlement there came up the inevitable conflict between an irresponsible executive and representative legislature, a conflict of mandates. 2. Responsible Government had to be introduced in these colonies by settlement in order to solve this conflict. 3. THE NATURE OF THE RESPONSIBLE GOVERNMENT. The position of the King in relation to settled colonies differs from his position in relation to conquered colonies. The King stands to possession acquired by settlement in a position analogous to his status in the United Kingdom. 10 App. Calls 692/(744). He is possessed of the executive power and has authority to establish Courts of law, but not celesiastical Courts [3 Moo. P. C. 115, 1865 : 1 Moo PI.C.C. 411,1863]. But he cannot legislate, and if laws are to be passed, this must be done— (1) by a legislative body of representative character on the analogy of the U.K. (2) where this form of legislation would be difficult to carry out, parliamentary authority must be obtained authorizing the establishment of a different form of Constitution. (2) Colonies by Conquest In these, the King possesses absolute power to establish such executive, legislative and judicial arrangements as he thinks fit, subject only to the condition that they do not contravene any Act of Parliament extending to all British Possession. But this right is lost by the grant of a representative legislature unless it is expressly retained in whole or in part. If not so retained, power to legislature as to the Constitution or generally can only be recovered under the authority of an Act of Parliament. 1835 2 Kuapp. 130 (152) Jehson v/s Pura; 1932 A.C. 260.

263DOMINION STATUS 1. The Statute of Westminister applies to : (1) The Dominion of Canada, (2) The Commonwealth of Australia, (3) The Dominion of New Zealand, (4) The Union of South Africa, (5) The Irish Free State, (6) New Foundland. 2. This statute calls these colonies as Dominions and confers on them what is called Dominion Status. 3. These Colonies had Responsible Government before the Statute of Westminister. What is the difference between Responsible Government and Dominion Status ? Mechanism of Responsible Government.— (1) THE CLAIM BY THE COLONY TO COLONIAL AUTONOMY IN MATTERS WHICH AFFECTED THEM. (2) T HE CLAIM TO UNLIMITED SOVEREIGNTY BY THE IMPERIAL PARLIAMENT. These two claim are contradictory. A self-governing colony is a contradiction in terms. The solution of this question involved two questions : (1) How was the divison of authority to take place between the Colonial and Imperial Governments. (2) How were the powers given to each were to be exercised by each. The division proposed was not along the lines of imperial and colonial legislative competence. All legislation was to be within colonial competence except what was barred by the colonial laws, but some of it would be liable to veto by the Imperial Government not on the ground that it was beyond the competence of the colonial legislature, but it affected some Imperial interest. The matters of Imperial concern were not reduced to writing by enumeration. The Imperial Government was free to decide whether any particular matter was or was not of Imperial concern.

264 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES The following provisions were a feature of the Constitution of these colonies: (1) The appointment of the G. and G.G.* by the Crown on the advise of the Imperial cabinet. (2) The Right of the G. G. to act otherwise than the advice of his ministers. (3) The power of the Governor to Reserve Bill for the pleasure of the King on the advice of the Imperial Government. (4) The Power of Disallowance by the King on the advice of the Imperial Government. The terms of the Statute of Westminister I. It frees the Dominion Legislature from the overriding effect of the laws made by the British Parliament: (1) It abrogates the Colonial Laws Validity Act. (2) It gives the Dominion Legislature to repeal any U. K. Act in so far as the same is the part of the Dominion. II. It puts limitations upon the legislative sovereignty of the British Parliament: (1) No Act of Parliament passed after December 11, 1931 shall extend, or be deemed to extend to a Dominion as part of the law of that dominon unless it is expressly declared in the Act that the Dominon has requested and consented to the enactment thereof. (2) Any alteration in the law touching the succession to the throne or the Royal Style and Tides requires the assent of the Parliaments of the Dominion as well as of the United Kingdom. III. The Statute does not alter the other provisions : (1) The appiontment of Governor General. (2) The Reservation of Bills. (3) The Disallowance of Bills. But a great change has taken place in the exercise of these powers. Right of advice to the Crown. ***** Dominion Status does not mean sovereignty. ***** 2. Constitution of the United Kingdom has been dealt with. * Means Governor and Governor General—ed. * Portion missing—ed.