Autobiographical Notes

Note on a Projet de loi

NOTE

I do not know that it is necessary for me to say much about the details of this projet, except that it seems to me to need to be elaborated and elucidated so as to give a more complete and exact idea of the constitution meant for the new territory, the powers reserved for it and those reserved for the central authority and the scope and limits of the rights to be conceded by the India Government to France and French nationals under the agreement.

Incidentally, what exactly is meant by the "droits de douanes" to be exercised by the local Government? I presume that the old Customs will be reestablished at the Port and there will be none between the Territory and the rest of India: only, certain limited rights will be given for the introduction of goods from France to be carefully restricted to the amount necessary for local use; if so, there can be no scope for any levy of Customs by the local authority. As to the U.N.O., I presume

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that as between the India Government and the Government of people of a Territory subordinate to it there could not be, as things now stand, any intervention on any matter between them but only as between the India Government and the Government of France.

There is one point on which I would like to make an observation which I consider of primary importance. The French Government would naturally want the democratic rights it has conceded to the local Assembly and local bodies to continue in full and the India Government would also, no doubt, like this new Territory of its own to have a constitution as democratic as that of the other parts of India. But if nothing is changed in local conditions and freedom is left for a certain type of politicians and party leaders to make use of their opportunities to pervert everything to their own profit, how are they to be prevented from prolonging the old state of things, in which case the Territory would easily be turned into a sink of misgovernment and corruption and things will become worse even than in the past. Only a strong control, a thorough purification of the administration and a period of political discipline in which the population could develop public spirit, the use and the right use of the powers and the democratic institutions placed at their disposal, could ensure a change for the better and even that only after a long lapse of time. It cannot be ensured by a paper constitution; the right type of men in the right place could alone ensure it.

I would myself have thought it safer if the principle of the agreement between the two Governments and its main features [had] at first been agreed upon and the rest worked out afterwards by careful consideration and discussion. Otherwise there is a risk of disagreements and disaccord in the points of view arising and holding up or even endangering the successful working out of the agreement. But I understand that their position in this matter has obliged the Government in Paris to prefer the method actually taken. I hope that the advice you will give will help the India Government to make the best of things as they are.

12.2.50

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