262 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Why Responsible Government came in some colonies and why it did not come in others ?
The Government of a colony differed according to the nature of the colony.
Colonies fall into two classes:
(1) Colony by settlement.
(2) Colony by Conquest or Cession.
(1) Colony by settlement
Thus in a colony by settlement there came up the inevitable conflict between an irresponsible executive and representative legislature, a conflict of mandates.
Responsible Government had to be introduced in these colonies by settlement in order to solve this conflict.
T HE N ATURE OF THE R ESPONSIBLE G OVERNMENT .
The position of the King in relation to settled colonies differs from his position in relation to conquered colonies.
The King stands to possession acquired by settlement in a position analogous to his status in the United Kingdom. 10 App. Calls 692/(744). He is possessed of the executive power and has authority to establish Courts of law, but not celesiastical Courts
[3 Moo. P. C. 115, 1865 : 1 Moo PI.C.C. 411,1863]. But he cannot legislate, and if laws are to be passed, this must be done—
(1) by a legislative body of representative character on the analogy of the U.K.
(2) where this form of legislation would be difficult to carry out, parliamentary authority must be obtained authorizing the establishment of a different form of Constitution.
(2) Colonies by Conquest
In these, the King possesses absolute power to establish such executive, legislative and judicial arrangements as he thinks fit, subject only to the condition that they do not contravene any Act of Parliament extending to all British Possession.
But this right is lost by the grant of a representative legislature unless it is expressly retained in whole or in part. If not so retained, power to legislature as to the Constitution or generally can only be recovered under the authority of an Act of Parliament. 1835 2 Kuapp. 130 (152) Jehson v/s Pura;
1932 A.C. 260.