Vol. 17, Part II · pages 386–390

29 INDIA AND THE BRITISH COMMONWEALTH FINANCE MINISTER No. 8195-Of/48 INDIA New Delhi, November 19, 1948. My dear Ambedkar, Many thanks for sending me your note on India and the British Commonwealth. I have read it with great interest as an able and lucid analysis of a difficult problem. The note is being returned herewith. Yours sincerely, Sd/Illegible The Hon’ble Dr. B. R. Ambedkar, Minister for Law, Government of India, New Delhi. (See the note overleaf —Editors) As regards this paper, the then Officer on Special Duty, noted that the paper was found in the record received by the Government from the Administrator General, Maharashtra State in 1979. The Note of ‘India and the British Commonwealth’ was sent by Dr. Ambedkar to the Finance Minister of India, which was returned by him with a covering letter from the office. The signature is, however, illegible.—Editors.

362 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES India and the British Commonwealth I. The Necessity for a Link In considering the question of establishing a link between India and the British Commonwealth there are two questions which arise for decision. First is, should India sever all her connections with the British Commonwealth and assume the status of an independent Sovereign State ? The second is that if India is not to sever all her connections with the British Commonwealth, what should be the relationship between India and the British Commonwealth ? 2. On the first question there seems to be hardly any difference of opinion. Barring a few extremists, the majority are against India severing her connection with the British Commonwealth. It is not that only India is anxious to maintain this link, it is desired by the British Commonwealth. It is in the interest of the Commonwealth that India should not sever her connection with it. The link between India and the Commonwealth is vital to the Commonwealth. The defence of the Commonwealth depends upon its link with India. At the same time it would not do for India to adopt an attitude of indifference. For she too cannot do without link with the Commonwealth. There are two things which India needs and which are vital to her existence as a free country capable of shaping her destiny in her own independent way without dictation from outside and of having an effective voice in the affairs of the world. Free India cannot be free India unless she reaches this position. This position India cannot reach unless her industrialization becomes an accomplished fact and unless she develops in a military strength both adequate for defence as well as for offence. For achieving this objective India must obtain technical equipment which she has not and which she cannot get without outside help. Such outside help can come more readily from the British Commonwealth than from any other quarters. It is, therefore, in the interest of India that she should have a link with the Commonwealth. II. National Status vs. Dominion Status 3. The solution of the second question is, however, not quite so easy. It raises many problems. India has achieved a national status. Should she exchange it for a Dominion Status ? This is

363INDIA AND . . . . . . . . . COMMONWEALTH the first problem we have to tackle. From a purely formal point of view there need be no difficulty. Formally there is no difference between National Status and Dominion status. Dominion Status is not a subordinate status in any manner whatsoever. Each Dominion is not merely autonomous but independent and is equal in status to any other Dominion. In the scheme of the Commonwealth, the United Kingdom is only one of the Dominions. How autonomous and independent each Dominion is, will be found by reference to two events of recent occurance. One relates to South Africa. King Edward VIII continued to be the King of South Africa for two days after he had ceased to be the King of the rest of the Commonwealth. The other relates to Ireland. In the last war when all the Dominions were at war, Ireland decided to remain neutral. In my opinion no greater proof is necessary to show how real and how effective is the autonomy and independence of each Dominion. It is as good as National Status. 4. Question is, can India now accept Dominion Status after having acquired National Status ? I think it cannot. The reasons are obvious. They are both constitutional and psychological. The essentials of Dominion Status are three— (1) Recognition of common loyalty to the King, (2) Recognition of the King as the head of the Dominion acting through the Governor-General appointed by him, (3) Oath of allegiance to the King by members of Dominion Parliament. If the Constitution of every Dominion is examined, it will be found that these three elements are embedded in it. 5. The Draft Constitution for free India which is being considered by the Constituent Assembly does not recognize any of these elements. The preamble of the Draft Constitution describes India as a Sovereign Independent Republic. The use of the word “Republic” is incompatible with the King being at the head of the State. The Draft Constitution makes the President the head of the State and not the King. Nor is the President the Representative of the King. He is the representative of the Indian people. The oath to be taken by the members of Indian Parliament is not an oath of allegiance to the King but to the country and to the Constitution. Thus, the Draft Constitution is fundamentally different from what a Dominion Constitution is required to be. It requires every one of the three essential elements of a Dominion

364 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Constitution. This is one difficulty in the way of India now accepting Dominion Status. To put the car in the reverse gear is always difficult. It is much more difficult to do so when the car has started running down hill. 6. The other difficulty is psychological. Can we adopt an alien King as our own ? Is there anything socially and culturally common between Indians and the people comprising the Dominions ? Even if the word ‘British’ was removed from its designation, the Commonwealth will still continue to be British in its loyalty and white in its colour complex. Can India feel at home in such a Commonwelath ? However, much one may like that India should maintain a link with the Commonwealth, there can be no doubt that India cannot be at home in the Commonwealth. III. Amended Form of Dominion Status 7. If the link cannot be established by India becoming a Dominion in de jure sense of the term, what is the alternative ? The alternative suggested is that proposed in the British Nationality Act of 1948 and the Canadian Nationality Act of 1946. Section 1 of the act reads as follows :— “British nationality by virtue of citizenship :— (1) Every person who under this Act is a citizen of the United Kingdom and Colonies or who under any enactment for the time being in force in any country mentioned in the next following sub-section is a citizen of that country shall, by virtue of that citizenship, have the status of a British subject. Any person having the status aforesaid may be known either as a British subject or as a Commonwealth citizen and accordingly in this Act and in any other enactment or instrument whatever whether passed or made before or after the commencement of this Act, the expression ‘Briish subject’ and the expression Commonwealth citizen ‘ shall have the same meaning. (2) The following are the countries hereinbefore referred to, that is to say, Canada, Australia, New Zealand, the Union of South Africa, Noewfound land, India, Pakistan, Southern Rhodesia and Ceylon.”

365INDIA AND . . . . . . . . . COMMONWEALTH Relevant sections of the Canadian Nationality Act are sections 4, 5 and 26 :— “4. Born before the commencement of the Act :—A person, born before the commencement of this Act, is a natural born Canadian citizen :— (a) If he was born in Canada or on a Canadianship and has not become an alien at the commencement of this Act; or (b) if he was born outside of Canada elsewhere than on a Canadianship and his father, or in the case of a person born out of wedlock, his mother— (i) was born in Canada or on a Canadianship and has not become an alien at the time of that person’s birth, or (ii) was, at the time of that person’s birth, a British subject who had Canadian domicile, if, at the commencement of this Act, that person has not become an alien, and has either been lawfully admitted to Canada for permanent residence or is a minor.” “5. Born after the commencement of the Act:— A person, born after the commencement of this Act, is a natural born Canadian citizen :— (a) if he is born in Canada or on a Canadianship ; or (b) if he is born outside of Canada elsewhere than on a Canadianship, and (i) his father, or in the case of a child born out of wed-lock, his mother, at the time of that person’s birth, is a Canadian citizen by reason of having been born in Canada or on a Canadianship, or having been granted a certificate of citizenship or having been a Canadian citizen at the commencement of this Act, and (ii) the fact of his birth is registered at a consulate or with the Minister, within two years after its occurrence or within such extended period as may be authorized in special cases by the Minister, in accordance with the regulations.”