LABOUR AND THE CONSTITUTION. 457
The output of the provincial legislatures has been very small.
An Act repealing the Madras Planters Act (which provided inter alia for
the system of criminal punishment of breaches of contract by workmen)
was passed in Madras in 1927. On the other hand, the Coorg Legislature
in 1926 continued this system for five years and seems tc have been pre-
vented only by the Governor General from giving it a permanent place
on the statute-book. Maternity Benefits Acts were passed by the Bombay
Council in 1929, and the Central Provinces Council in 1930, somewhat
similar proposals having been rejected by the Legislative Assembly in
1925. This small output is no doubt largely explained by the activity
of the Central Legislature and is possibly due in part to lack of the neces-
sary equipment in some provinces for dealing with such questions. But
there seem to be some grounds for believing that in labour matters the
provincial legislatures have evinced less interest than the Legislative
Assembly. The interest of the Central Legislature has been stimulated
by the fact that the existing constitution, combined with the Treaty of
Versailles, necessitates the submission to the central, and not to the
provincial, legislatures of the Draft Conventions and Recommendations
adopted by sessions of the International Labour Conference.
Fufure Constitution.

In approaching the discussion of the future position of labour in
the constitution, we found ourselves handicapped by the fact that we
have had to consider the question at a time when it is uncertain what form
that constitution will take. The main lines of the constitution must be
determined by considerations which lie outside our scope, and until
these are determined, it is not possible to advise with precision as to the
best manner of securing that the interests of labour shall be adequately
served. A further difficulty is that the constitutional issues relate to the
whole of India, whereas our field has been limited to the provinces of
British India. In these circumstances, our best course is to set down what
appear to us the main considerations relating to our own problems, to
recognise frankly that these can exercise only a minor influence on the
bigger issues, which may be decided in more than one way, and to offer
some recommendations which we believe will be of service. whatever solu-
tion is reached.

Argument for Co-ordination.

So far as labour legislation is concerned, the question of out-
standing importance is that of the power which should be exercised by the
central and provincial legislatures respectively. The arguments in favour
of keeping legislation in the hands of a central legislature are strong.
The chief argument is that without uniformity, at any rate in respect of
the main principles, sound legislation is extremely difficult to secure.
When the question was first raised in India more than fifty years ago in
connection with the first Factories Bill, the recognition of this point led to
the rejection of the idea of a provincial Act. Since that date the eco-
nomic and industrial unification of India has proceeded steadily, and the
difficulties inherent in provincial labour codes are greater now than at any