Part of the debate – in the House of Commons at 12:00 am on 23 August 1945.
Mr Arthur Henderson
, Kingswinford
12:00,
23 August 1945
I beg to move,
That this House approves the continuance in force of the Proclamation issued under Section 93 of the Government of India Act, 1935, by the Governor of Bengal on 31st March, 1945, a copy of which was presented on 17th April.
Section 93 of the Government of India Act, 1935, provides that, if at any time the Governor of a Province is satisfied that a situation has arisen in which the government of the Province cannot be carried on in accordance with the provisions of the Act, he may, by proclamation declare that his functions shall, to such extent as may be declared in the proclamation, be exercised by him in his discretion, that is, not acting on the advice of his Ministers, and he may assume to himself all or any powers vested in or exercisable by any provincial body or
authority, for example, the Provincial Legislature. A Proclamation issued under Section 93 expires at the end of six months unless its continuance in force has previously been authorised by Resolution passed by both Houses of Parliament. The Bengal Proclamation will, therefore, in the absence of Parliamentary approval, expire on 30th September, and as the House will go into Recess from to-morrow until the second week of October, it is essential to pass the Resolution before the House adjourns if it is to remain in operation.
Perhaps I might inform the House why the Proclamation was issued by the Governor at the end of last March. The Moslem League Ministry, in effect a coalition which included non-Congress, Hindus and representatives of the Scheduled castes which had held office under Khwaja Sir Nazimuddin since April, 1943, was defeated by a snap vote on 28th March. On the following day the Speaker adjourned the assembly sine die on the ground that the. Government, having been defeated, was functus officio. The Governor had no option but to issue the Proclamation under Section 93 and take over the powers of the Ministry and Legislature.
The Budget, which must be got through before 31st March, the end of the current financial year, had not passed the Legislature, and it was, therefore, necessary for the Governor to ensure that supply should be legally provided for the year beginning on 1st April. The Governor, having tided over the immediate crisis of the Budget, found it impossible to revert to the normal constitutional arrangement of a Ministry that would enjoy a reasonable measure of stability. I regret to say that there is still no immediate prospect of the situation changing in this respect. The House will no doubt recollect that the Instrument of Instructions issued to every Governor contains a provision requiring him to appoint, in consultation with the person who, in his judgment, is most likely to command a stable Majority of the Legislature, those persons who will best be in a position collectively to command the confidence of the Legislature. Hon. Members are no doubt aware that none of the political parties in the present Bengal Legislature is able to command a clear working majority and the Governor takes the view that, in the present state of the Legislature, he cannot depend on any leader maintaining a stable Government. His Majesty's Government are most desirous of seeing a stable Ministry re established in Bengal and they confidently hope that as a result of the forthcoming elections it will be possible to form such a Ministry.
I must say that, if at any time between now and the elections the Governor were to find that a coalition between the principal parties, giving promise of a stable caretaker Government, could in fact be formed—contrary to present expectations—he could at once revoke the Proclamation and resume Ministerial Government. The passage of this Motion by the House to-night would not in any way interfere with the freedom of action in this respect. I should like, therefore, to emphasise that the Resolution is permissive, not mandatory, and merely provides for the possibility—in the Government's present view a probability—that it will not, by 30th September, have been found possible to form a stable Government by Ministers in Bengal. I hope, therefore, that the House will agree to approve the Resolution without delay.
The term "majority" is used in two ways in Parliament. Firstly a Government cannot operate effectively unless it can command a majority in the House of Commons - a majority means winning more than 50% of the votes in a division. Should a Government fail to hold the confidence of the House, it has to hold a General Election. Secondly the term can also be used in an election, where it refers to the margin which the candidate with the most votes has over the candidate coming second. To win a seat a candidate need only have a majority of 1.
The Speaker is an MP who has been elected to act as Chairman during debates in the House of Commons. He or she is responsible for ensuring that the rules laid down by the House for the carrying out of its business are observed. It is the Speaker who calls MPs to speak, and maintains order in the House. He or she acts as the House's representative in its relations with outside bodies and the other elements of Parliament such as the Lords and the Monarch. The Speaker is also responsible for protecting the interests of minorities in the House. He or she must ensure that the holders of an opinion, however unpopular, are allowed to put across their view without undue obstruction. It is also the Speaker who reprimands, on behalf of the House, an MP brought to the Bar of the House. In the case of disobedience the Speaker can 'name' an MP which results in their suspension from the House for a period. The Speaker must be impartial in all matters. He or she is elected by MPs in the House of Commons but then ceases to be involved in party politics. All sides in the House rely on the Speaker's disinterest. Even after retirement a former Speaker will not take part in political issues. Taking on the office means losing close contact with old colleagues and keeping apart from all groups and interests, even avoiding using the House of Commons dining rooms or bars. The Speaker continues as a Member of Parliament dealing with constituent's letters and problems. By tradition other candidates from the major parties do not contest the Speaker's seat at a General Election. The Speakership dates back to 1377 when Sir Thomas Hungerford was appointed to the role. The title Speaker comes from the fact that the Speaker was the official spokesman of the House of Commons to the Monarch. In the early years of the office, several Speakers suffered violent deaths when they presented unwelcome news to the King. Further information can be obtained from factsheet M2 on the UK Parliament website.
