Report of the Royal Commission on Labour in India

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Monograph

Identifikator:: 1850495947

URN:: urn:nbn:de:zbw-retromon-233603

Document type:: Monograph

Title:: Report of the Royal Commission on Labour in India

Place of publication:: London

Publisher:: His Majesty's Stationery Off.

Year of publication:: 1931

Scope:: xviii, 580 S.; graph. Darst., Kt.

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XXV. - Labour and the constitution

Collection:: Economics Books

LABOUR AND THE CONSTITUTION, 471 But there are other difficulties in the way of giving the decisions of the Council mandatory power. In the first place, the creation of a body with such authority would make it, in effect, the legislating authority, and legislation would virtually cease to be provincial. Instead of being provincialised, legislation would have been taken away from one form of Central Legislature and entrusted to another. Nor would the change be for the better, for the new body would be less represent- ative of the community as a whole than the old one, it would be less able to assume responsibility for the administration of its own decrees, and it could not be given the power of taxing public funds, so that decisions that involve charges on these funds (and some charge is in- separable from most labour laws) could hardly be mandatory. If it is possible to keep legislation central, we consider the authority finally responsible for legislation must be the Central Legislature. Functions of the Council. If, therefore, authority to legislate in labour matters were with- drawn from the centre in whole or in part, the Council’s functions in respect of such legislation could hardly exceed the preparation of legislative proposals for the provincial legislatures and the exercise of such autho- rity as may be delegated to them by legislative enactments. Legislative proposals would be prepared either on the initiative of the Council or on references to them by provincial Governments or Legislatures, and they could be prepared for provincial or general application as the case required. If, in respect of any proposal for the adoption of general legislation, a resolution had the support of not less than two-thirds of the Government representatives, it might be made obligatory for pro- vineial Governments within a specified time to submit the proposals to Sheir respective legislatures for a decision as to their adoption or rejec- tion. We do not advise going further than this. The Council would thus be able to overcome the- initial difficulties in the way of translating its desires into action and its composition and outlook would, we hope, make it a powerful influence on public opinion ; but the final voice would rest with the members of the legislatures. We would emphasise our view that, whether the Council is dealing with central or provincial legislation, the assistance which it can render the Governments and the community will depend, not on the results of votes but on the actual discussion and on the extent to which members starting with different outlooks can reach common conclusions. While voting may be neces- sary on a number of occasions, the aim should be to avoid divisions as far as possible. As a minor discouragement to endeavours on the part of employers’ or workers’ representatives to vote down their opponents with the aid of the other votes, we suggest that votes should be recorded separately in three groups, one including employers’ representatives, one workers’ representatives and one the remaining members. Administration and Finance. The Council will probably find it necessary to set up a small committee for the administration of matters of importance relating to

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