The council thus consists of a number of men who have distinguished themselves in the task of administration long before their appointment. At least three of the members must have been connected directly with the task of administration in India; and the others also must in one way or another have long experience of Indian problems, or special qualifications for some special department like Sir Blackett. They thus form a body of eminent men of experience) and reputation, entrusted with the task of advising and assisting the Governor-General in the administration of India. The Governor-General is, as we have seen already, a novice as regards Indian problems. His councillors on the other hand are admittedly experienced in Indian questions. For those unconnected with the Government it is difficult to say what is the exact influence of the Governor-General and his councillors in the actual administration of India. Arguing an abstact principles, it would seem that in matters of every day routine, it is not probable that the Governor-General would take it upon himself to go against the considered opinion of his experienced advisers, and especially if that opinion is the opinion of the majority of his colleagues. The Governor-General has a right to overrule his Council under certain circumstances. But it is very doubtful if he ever feels the need of exercising this extraordinary power. Lord Lytton did overrule his council in the matter of the tariff policy; but that was because he was pledged to carry out the policy of the Home Government at any cost. Besides, that incident was of too peculiar a character to form a valid precedent. Again Lord Dufferin and Lord Elgin used their extraordinary powers to overrule the council on the questions of army increase and cotton excise respectively; but even so, the power is resorted to only on rare occasions. It is true the mere disuse of a legal power does not amount to its abolition; but all the same, it does show its abeyance. The prerogative of the King in England to veto Bills sent up

by Parliament, has not been specifically abolished by any Act of Parliament, and yet almost every writer on the English constitution takes it for granted that the royal veto is dead. The prerogative has been in abeyance-as far as England is concerned-for more than two centuries. It must be admitted that the presence of such a clause shows, more than anything else, the absolute, autocraite nature of the Government of India. In proportion, however, as the principles of representative Government are extended, bringing in their train the ideas of responsible government, such powers in the supreme head of the Government, however closely circumscribed, would be found to be incompatible if not altogether useless.

VI. The Council at Work.

By sub-clause (2), s. 40, power is given to the GovernorGeneral to make rules and orders for the more convenient transaction of business in his executive council. This power, first given by the Indian Councils Act 1861, was utilised by Lord Canning to introduce some division of work in the Council. Before 1861 every question of administration had to go through the whole council, no matter what the department in which it had originated, because the council worked as a collective board, and left no power to individual members to work each for a separate department. Under the Indian Councils Act of 1861, the provisions of which have been incorporated in Sec. 40 (2) of this Act, the Governor-General can, for the more convenient transaction of business, parcel out the work of administration amongst his colleagues. By that method can be secured more convenient as well as expeditious transaction of business, though the authority of the council as a body is diminished in proportion to the increase in individual responsibility. Each member of the council is thus also the head of a Department. At the present time business of the Government of India, it

may be said, is conducted in a manner analogous to the Cabinet administration prevalent in England. The papers regarding any subject which comes up for consideration are prepared by the department concerned, and are first submitted to the member in charge of that department. The member passes his own orders in all minor cases; but in important cases, and especially in cases which concern more than one department, and where the two departments differ in opinion, or when it is proposed to overrule a Provincial Government, the member cannot pass final orders by himself. Such cases are, therefore, referred to the Governor-General. He may pass final orders in consultation only with the member in whose department the question originally arose. If he concurs with the member in charge, and the question is relatively a minor one, the usual practice would be for the Governor-General to pass the final orders, and to give the necessary directions to the secretary of the department to be worked up into a resolution. Questions involving large issues of general policy, or questions which cannot be decided without legislation of the Government of India, are referred to the whole council, and are decided by a majority in case of a difference of opinion. The council usually meets once a week but it may meet more frequently. The meetings are private and the decisions arrived at are always represented as the decisions of the Governor-General-in-Council..

The council is divided into 8 departments. They are: (1) the Foreign Department, usually in charge of the GovernorGeneral himself, (2) the Army Department in charge of the Commander-in-Chief since 1909, (3) the Home Department, (4) the Revenue and Agricultural Department, (5) the Commerce and Industry Department, (6) the Education Department, (7) the Finance Department and (8) the Legislative Department. Each of these Six latter departments is in the hands of one or the other members of the Council.

VII. The Work of each Department.

The Foreign Department transacts all business relating to the foreign policy of the Government of India, to the frontier tribes, and to the Native States in India. It also controls the general administration of such provinces as Ajmer-Merwara, Coorg, the North-West Frontier Province, and British Baluchistan. The Government of India have really speaking very little control over their external relations; and such control as they have is confined to the relations with the frontier powers in the North-West, such as Afghanistan and Persia; and in the NorthEast such as Tibet, China and Siam. The Foreign Department also deals with questions of ceremonial, and those relating to the Indian Orders, the Imperial Service Troops, the Cadet Corps, and the Chiefs' Colleges.

The Home Department is concerned with the work of general administration, and deals with internal politics, law and justice, police, hospitals, public houses, municipalities, Local Boards and a number of other subjects. Matters ecclesiastical are also under this department. As all these matters fall primarily within the jurisdiction of Local Governments, the work of the Home Department consists chiefly in controlling and supervising the Provincial Governments. Its share of actual administration is confined to the Government of the penal settlement of Port Blair.

The department of Revenue and Agriculture, created in 1871 and abolished in 1879, and reconstituted in 1881, is concerned with the administration of land revenue and agricultural enquiry, agricultural means and famine relief. The organisation of economic and scientific investigation and of measures of agricultural improvement is also in the charge of this department. The mere enunciation of its branches e. g. the Metereological Department, the Survey Department, the Civil Veterinary Department, the Forest Department, will suffice to show its multifarious activities. As in the case of the Home Department

the functions here again are primarily falling within the jurisdiction of Local Governments, and so the functions of the Revenue and Agricultural Department are mainly of a supervising and controlling character, Since 1965, it has also received charge of the Irrigation branch of the Public Works Department.

The Commerce and Industry Department, formed in 1905, has taken over some portion of the work from other departments, and is concerned with the questions relating to the trade and manufactures of the country. It is also the department which represents the railways in the council of the Governor-General. It is concerned with the administration of the Factories, Petroleum, and Explosives Acts. Postal business, customs, statistics, printing and stationary; and everything relating to ports, shipping, and trade generally have been transferred to this from the finance department. Other functions directly connected with the trade and under this department are the Merchandise Marks Act. It controls the Post-office -an Imperial Department under a Director-General under whom are the Provincial Post-Masters-and also the Telegraph Department. It considers all labour questions, including emigration to foreign countries, as also to Assam. The control of expert mining staff, including inspection of all mines, and the matters relating to geological enquiries are made over to that department.

The Legislative Department was formerly a branch of the Home Department, but was constituted a separate department in 1869. It is responsible for all matters connected with the conduct of the legislative council of the, Governor-General. It is also entrusted with drafting of enactments and of publishing and revising the Statute book. It also supervises the legislation of the provincial councils, and assists the other departments of the Government of India with advice on legal questions and principles. The Law-member of the council is in charge of some of the bills introduced into the Governor