Appendix I
The Constitutional Relationship between The Netherlands and the Netherlands East Indies from 1814 to date

In the course of one century (1814-1925) radical changes in the relationship of the central organs of Dutch government to the overseas territories have occurred. According to the Constitutions of 1814 and 1815 the King was vested with exclusive power to direct the administration of the overseas colonies and possessions of the State. The government exerted in the colonies an authority completely free from the control of Parliament. Under this arrangement the Governor General was directly responsible to the King only, his position within the framework of the East Indian Government Act being rather independent. With the liberal-democratic revision of the Constitution in 1848, a new trend of Colonial Policy made itself manifest. The principle of ministerial responsibility was introduced, while the regulation by law was required of the various subjects pertaining to the East Indies, resulting in 1854 in a new East Indian Government Act. The dominant position of the Crown, however, was partly retained, until the realization of full ministerial responsibility in 1860 and the introduction of the Accounting Act for the Indies in 1864, entailing a strongly increased parliamentary control over the colonial budget which put an end to the independence of the King and his colonial minister in matters regarding the Indies.

This situation lasted until 1903 when the first steps were taken towards a more democratic government in the local sphere in the Indies (municipalities and other local councils were established), and on the basis of these experiences more thoroughgoing reforms were introduced from 1916 on, when the People's Council, the ‘Volksraad’ was established, meeting for the first time under the Governor General, Count van Limburg Stirum, in 1918. The latter's policy was focused upon giving the Indonesians a greater share in the Indian body politic. The ‘Volksraad’ was originally an advisory-representative body, composed of thirty-nine members and with a chairman appointed by the Crown. In 1921 the membership was enlarged to forty-nine. Its main task at that time was the discussion of the budget and concepts of regulations. It was given the right of free expression, of petition and questioning.

In 1918 a Commission for the Revision of the Governmental structure of the Netherlands Indies was appointed which brought out a report in 1920 urging the transfer of the center of gravity in both administration and legislation from the Netherlands to the Indies. By the revision of the Constitution in 1922, the expression ‘colonies and possessions in other parts of the world’ was removed from the colonial articles. Henceforth the Indies, Surinam and Curaçao, having become equivalent constituent parts of the Dutch Realm, were referred to as the ‘Overseas Territories of the Kingdom.’ Under this revision a large amount of legislative autonomy was granted to the Indies, as the principle was introduced that the regulation of the internal affairs was left to the East Indian Government.

However, a right to suspend all ordinances passed by East Indian organs when judged in conflict with the Constitution, the law or the general interest, was granted to the Crown, while the States General received on the same grounds the right of vetoing East Indian ordinances. Though Parliament retained also the right to legislate on subjects regarding the internal affairs of the overseas territories, it must first consult the representative body of the region concerned. Following this revision of the Netherlands Constitution, in 1925 the East Indian Government Act was likewise revised.

 

The ‘Volksraad’ became a co-legislative body, obtaining the right to initiate legislation as well as the right of interpellation, its membership being enlarged to 61, including the chairman appointed by the Crown. In conformity with an act of 1929 the 60 ordinary members were distributed as follows: 30 Indonesian members, 25 Netherlanders, and 5 non-native Asiatics, of whom generally 4 were Chinese and 1 an Arabian; 20 of the Indonesians, 15 of the Dutch and 3 of the non-native Asiatic members were to be elected. As a correction to the franchise, in order to give a voice to minority groups, the remaining members were to be appointed by the Governor General upon consultation with the Council of the Indies.

 

The Crown was given the power of legislation in case of deadlocks between the Governor General and the People's Council (Volksraad). Primary control over the budget has been shifted from Holland to the Indies, and is now in the hands of the Governor General and the ‘Volksraad,’ whereas the States General retained secondary control over the East Indian budget.

 

Between 1926-1930 new administrative reforms in Java enlarged the task of the Indonesian officers of the internal administration, giving them a more independent position, while in the same period, new democratic institutions were created in Java in the form of regency councils and provincial councils, to which a part of the task of the central government (irrigation, agricultural enlightenment, roads and bridges, later on health and education) was entrusted. These reforms were followed by similar measures in the outer provinces in 1938, resulting, among other things, in the creation of so-called group-communities (Minangkabau and Bandjar).

 

In the meantime it became more and more apparent from the discussions in the Volksraad, that there was a strong desire for new constitutional reforms, the general trend of which was complete administrative and legislative autonomy for the N.E.I., while at the same time, the creation was suggested of an imperial council composed of representatives from the four parts of the Kingdom ultimately to be endowed with legislative power for imperial affairs with an imperial ministry responsible to it. The Governor General would then no longer be an official of the Netherlands proper but of the Kingdom as a whole. Many of these and other wishes may be realized in the creation of the new post-war Netherlands ‘Commonwealth’ as recently outlined by Queen Wilhelmina.