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66 Noel-Baker to Evatt

Letter LONDON, 26 November 1948


I think that you will wish to know the progress that has been made
in discussions with the Government of India about India's future
relation to the Commonwealth since our talk with Sir G. S. Bajpai
in Paris on the 17th November.

2 The Prime Minister has authorised communication of the gist of
the Law Officers' Opinion to Pandit Nehru. (It was thought better
not to communicate the Opinion as it stood, lest the Indians might
lose sight of the fact that it was a purely legal document and
regard it as unsympathetically worded). But the digest of it that
has been communicated to Pandit Nehru appears to have been
accepted by him as setting out the position adequately.

3. The Prime Minister has also telegraphed separately to Pandit
Nehru, telling him that he knows that he will agree that, from
both our points of view, it is necessary to find some solid ground
on which to base our arrangement with one another, and which will
stand any challenge in international law, asking him to consider
the situation disclosed by the Law Officers' Opinion and to say if
any further factor or factors can be added so as to strengthen our
legal position. Mr Attlee emphasised that our objective remains
exactly as it was-that we want India to remain in the Commonwealth
and believe in the light of the talks that there have been that
India herself shares that view, provided an acceptable basis can
be found.

4. In addition to the tentative suggestion made in Paris as to a
particular way in which the link might be found (on the principle
of which Mr. Attlee has asked Pandit Nehru to let him have his
view as early as possible) he has also asked him to consider the
two following suggestions as likely to be both helpful and very
material from both our points of view:-

(a) declarations to be made by all the particular States of the
Commonwealth (including India) that they wish to be and regard
themselves as still bound in a special form of association within
the Commonwealth;

(b) the Commonwealth citizenship; that the existence of this would
be strengthened as an argument if, on the assumption that India
legislates to adopt the provisions of the British Nationality Act,
1948, there could be included in the constitution or in such
legislation a provision that such legislation would remain in
force 'for such time as India remains a member of the

5. Mr Attlee expressed the view further that if, together with the
link, whatever its nature, which would have real substance in it
between India and the Commonwealth by way of The King, we could
get something on the lines referred to in the preceding paragraph,
it would enable us:-

(a) to put up a strong case for the general acceptance by all
civilised nations of the existence of the Commonwealth as a unit
composed of nations bound together by a factual association of
long standing and still continuing;

(b) to put forward a case strong enough to have a good chance of
success if challenged in an international court over most favoured
nation treatment, whether in respect of nationality or of trade.

6. Mr. Attlee added that we should of course welcome any proposals
that Pandit
Nehru might himself put forward as practical and likely to help,
and that they can be sure of the most speedy and sympathetic
consideration, and he has suggested that it would be well if
Pandit Nehru agrees that our difficulties should be kept
completely secret at this stage.

7. The High Commissioner reports that at first glance Pandit Nehru
did not seem to think that difficulty would be presented by the
proposals in paragraph 5 above. As regards the link with The King,
he said that this would take him some little time to consider, and
that he readily agreed to examine it and to let us know his views
on the principle involved.

8. We have suggested to Pandit Nehru that it is of the very
greatest importance to keep entirely secret both the line which
discussions have taken and the existence of any difficulties,
since otherwise serious embarrassment may be caused to him as well
as to all of us. We understand that he fully appreciates this, and
I know you also will agree as to its importance. We are not, in
these circumstances, making any communication to Commonwealth
Governments at present. I am sending similar letters to Fraser and

Last Updated: 11 September 2013
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