Vol. 12 · pages 286–290

265DOMINION STATUS 3. India will not be dealt with here. So also Protectorates and Mandated Territories. 4. Deal only with the Constitutional Organization of the Colonies. 5. The Constitutional Organization of the Colonies differs according to the mode of the acquisition of the Colony. 6. Two methods. (1) Settlement (2) Conquest or Cession. ***** Dominions of H. M.1 U.K. British Possessions Dependencies Colony Settlement Crown Colony Dominions Dominions 1. The Dominion Office was established in 1925 to take over Dominions’ business from the colonial office. 2. At first the Secretaryships for the Dominions and for the colonies were held by the same minister, but in 1930 a separate S of S 2 for the Dominions was appointed. 3. The Dominion Office deals with business connected with the Dominions, Southern Rhodesia, the South African High Commission [i.e. Basutoland, Bechunaland, Protectorate Swaziland], Overseas settlement, and business relating to 1 His Majesty—ed. 2 Secretary of State—ed.

266 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Imperial, Conferences. See Sir G. V. Fiddes— The Dominions and Colonial Offices. Old Halsbury, I. p. 303. 662. The dominions of the Crown include— (a) The U. K. and any Colony, plantation, island, territory or settlement within H M’s dominions and not within the U.K. (Naturalization Act, 1870, 33 Ne. c 14 s. 17) (b) Places situated within the territory of a Prince, who is subject to the Crown of England in respect of such territory. [Crow and Ramsay (1670) Vaugh. 281 ] (c) British ships of war and other public vessels ( Parliament V/s. Belge. (1880)5 P.D. 197. ) (d) British Merchantmen on the high seas [1870 S. R. 6Q. B. 31. Marshall v/s Murgatroyd ] and probably even in the territorial waters of a foreign country [ Compare R v/s Carr and Wilson (1882) 10 Q.B.D. 76 ]. Halsbury X. p. 503 para 856 1. “British Possession” means any part of H M’s dominions exclusive of the U. K.; and where parts of such dominions are under both a central and a local legislature, all parts under the central legislature are deemed to be one British Possession. [Interpretation Act 1889 ( 52 & 53 Vict. c. 63 ) S. 18 (2) ]. 2. A Colony is any part of H M’s dominions exclusive of the British Islands and British India; and where, parts of such dominions are under both a central and a local legislature, all parts under the central legislature are deemed one colony [Ibid. S. 18(3)]. 3. A British settlement means any British Possession which has not been acquired by cession or conquest and is not for the time being within the jurisdiction of the legislature of any British possession. [British Settlements Act, 1887 ( 50-51 Vic. C. 54 ) S. 6]. 4. The expression ‘Dependencies’ is used to signify places which have not been formally annexed to the British dominions, and are therefore, strictly speaking foreign territories, but which are practically governed by Great Britain, and by her represented in any

267DOMINION STATUS relations that may arise towards other foreign countries. Most of them are “Protectorates” that is territories placed under the protection of the British sovereign, generally by treaty with the native rulers or chiefs. Cyprus and Weihaiwei are foreign territories held by Great Britain under special agreements with their respective sovereigns, but administered under the Foreign Jurisdiction Act, 1890 [53-54 Vic. C. 37], on the same general lines as protectorates. India including both the Native States and the strictly British territory of that Empire, is frequently spoken of as our great dependency. 5. Crown colonies are those in which the Crown retains complete control of the public officers carrying on the Government, and the legislative power is either delegated to the officer administrating the Government [S. S. Gibralter, Ashanti, Virgin Islands, St. Helena and Basutoland] or is exercised by a Legislative Council which is nominated by the Crown either entirely or partly the other part being elected. In these colonies, with seven exception, the Crown has reserved to itself the power of legislating by Order in Council. Protectorates although not parts of H M’s Dominions are administered in much the same manner as Crown colonies. Dominions are those colonies which possess elective legislatures to which the executive is responsible, as in the U. K. the only officer appointed and controlled by the Crown being the Governer or G. G. Halsbury X, p. 521 885. There is no statutory or authoritative definition of the term “protectorate” although it appears in two recent Statutes. Protectorates are not British territory in the strict sense ; but it is understood that no other civilized power will interfere in their affairs. They are administered under the provisions of orders in Council issued by virtue of powers conferred upon H. M. by the Foreign Jurisdiction Act, 1890 “or otherwise vested in His Majesty” which latter phrase may be taken to be intended to bring in aid any exercise of the Royal prerogative that may be necessary to supplement H. M’s statutory powers.

268 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Halsbury XIV, p. 420 For a recent treatment of the meaning of “dominions” see R v/s Crewe 1910 S. K. B. 576, 607, 622. Halsbury IX, p. 16 The authority of the King extends over all his subjects wherever they may be, and also over all foreigners who are within the realm. The jurisdiction of English Courts of Law, however, is limited, first, by the stipulations contained in the enactments by which the kingdoms of Scotland and Ireland were incorporated in the United Kingdom ; Secondly by the Charter of Justice, letters patent and statutes affecting particular colonies; and thirdly by the consideration that no English Court will decide any question where it has not the power to enforce its decree. The jurisdiction of each particular Court is that which the King has delegated to it, and this delegation has been complete, for the King has distributed his whole power of prosecution to diverse Courts of Justice. ***** Development of Dominion Status 1. There is first the claim to unlimited sovereignty by the Imperial Parliament and Government stated in its logical perfection by Lord John Russell. 2. There is second the claim to colonial autonomy an effective demand that, in matters which interested them, the colonies should manage their own affairs. 3. There is third, the contradiction between the two. A self-governing dependency is a contradiction in terms. Solution On the one hand, the Imperial Parliament granted to a colony a sphere of activity in which the colonial legislature, executive and judiciary had authority to exercise governmental power. In this sphere the colony was sovereign.

269DOMINION STATUS On the other hand, the Imperial Parliament had the authority and full legal power, as and when it saw fit, to withdraw or limit the rights of the Colony to exercise power within a prescribed sphere, either by repealing or amending the Constituent Act of the Colony or by passing an Imperial Act explicitly applying to some subject within the jurisdiction of the Colony. Two Questions: (1) How was the division of authority to take place between the Colonial and Imperial authority ? (2) The method of exercising the powers given to each. (1) The division proposed was not along the lines of Imperial and Colonial legislative competence. All legislation was to be within colonial competence, but some of it would be liable to veto by the Imperial authority, not on the ground that it was beyond the competence of the colonial legislature, but because it affected some specified Imperial interest. (2) It was advocated that the possible matters of Imperial concern should be reduced to writing by enumeration of those matters which were deemed of Imperial concern. The British Government refused to bind itself specifically in this way [and the provisions were not allowed to stand in the Australian Bills]. (3) How were the activities of the Colonial and Imperial authorities to be adjusted and co-ordinated so that confusion and overlapping and conflict might be avoided? The solution was found in the following : (1) The Po wers of Reservations. (2) The Powers of Disallowance. (3) The appointment of the Governor General. (4) The nature of responsible Government in the colonies. (5) Right of the British Government to tender advice to the Crown. (6) Colonial Laws Validity Act of 1865. (4) The nature of responsible Government in the Colonies. The executive Government was vested in the Governor, who was empowered to appoint to his executive council those persons whom he thought fit, in addition to those, if any, who by law were members of it. While in one or two cases it was