The Reminiscences of Zafrulla Khan

by Sir Muhammad Zafrulla Khan

Page 227 of 279

The Reminiscences of Zafrulla Khan — Page 227

211 REMINISCENCES OF SIR MUHAMMAD ZAFRULLA KHAN Khan : It was a completely different world, a different atmosphere altogether. A minister in the Government of India before independence was in a sheltered position and was not in public life in the sense in which a minister is in a government which is responsible to the legislature and is responsive to democratic processes. The fundamental difference between the then constitution of India and the constitution of any independent sovereign state was that the responsibility of the Cabinet was through the Viceroy, to the Secretary of State for India in England and through him to the British Parliament. Ministers were appointed for a period of five years. Occasionally, the incumbent was given an extension of six months or a year at the end of his term. The appointment was regarded as the culmination of a man's public career. The Indian members of the Council - the first one was appointed in 1909 and from 1921 onwards three were appointed - well, were generally taken from public life but sometimes a senior Civil servant was also appointed. They were not called ministers but Members, meaning Members of the Executive Council of the Governor General. The institution had been set up in the time of Warren Hastings in 1772, and had continued, with certain modifications, up to 1941, when the enlargement of the Council took place. Up to 1941, the Council had consisted of six Members, the Commander-in-Chief and the Viceroy. From 1921 to 1941, the composition of the Council had been three Indians, of whom one was Muslim, and three British, the Commander-in-Chief who was always a British military officer, and the Viceroy, who was, of course, British. So that there were three Indians to five Britishers. To be a Member of the Council was to be at the top of public office in India. The position had great prestige, and in some respects a Member had more authority than a minister. There was no question of joint responsibility as in the case of a responsible Cabinet, though the name "Cabinet" was used for the Council. Each member was respon- sible for his own department to the Viceroy and through the Viceroy to the Secretary of State. Subject to that, he could do almost anything on matters which under the Rules of Business did not require the Viceroy's approval or reference to the Council. In Council, decisions were taken by majority, and in case of a tie the Viceroy had a casting vote. But the spirit in which business and administration were carried on and policies were determined varied from Viceroy to Viceroy. For instance, Lord Willingdon brought a liberal outlook and a strong common sense to bear