Part of Orders of the Day — Indian Independence Bill – in the House of Commons at 12:00 am on 14 July 1947.
Mr Arthur Molson
, High Peak
12:00,
14 July 1947
There are two or three questions which I would like the Attorney-General to answer He has said that the provisions of the 1935 Act will continue in force in so far as they are applicable to the new circumstances. He has mentioned a number of respects in which, owing to the partition of India and also the partition of the Provinces, a number of the provisions of the Act will cease to be applicable. There may be a difference of opinion as to what has ceased to apply. Is there any court through which application can be made in order to determine a question of that kind, or is it to be determined by some other machinery? The right hon. and learned Gentleman referred to the High Courts He did not say any thing about the Federal Court. Under the 1935 Act, the Federal Court was set up for three purposes, one of the most important being to define the Constitution. That, I take it, will not continue to apply. Suppose there is a perfectly genuine doubt as to the extent to which some provision of the 1935 Act is by implication being made inapplicable as a result of changes that have taken place, how is it to be decided what the true view is?
8.0 p.m.
The other question I should like to ask is with regard to Subsection (2, d) which says:
as from the appointed day, no Provincial Bill shall be reserved under the Government of India Act, 1935, for the signification of His Majesty's pleasure. and no Provincial Act shall be disallowed by His Majesty there under
The real purpose of that provision under the Act of 1935 was to enable the Central Government to exercise a certain jurisdiction over the Provincial Legislature and, in particular, if I remember aright, to make certain there was not a conflict of jurisdiction between two adjoining Provinces. One recognises that under this new legislation, instead of His Majesty disallowing legislation on the advice of the Secretary of State for India, it would be done by the Governor-General. If paragraph (d) were not incorporated the natural development would be that the Government of India under the new Bill would be able to prevent a Provincial Legislature from legislating in a way which a Dominion Government disapproved, and the Minister of the Dominion Government would recommend the Governor-General to disallow that Bill. I do not understand why that rather important piece of machinery is being done away with under this Bill. It is true we are going to have two federations instead of one, but I should have thought that it was as important as ever to enable the Government of the Dominions to exercise some measure of control over the Provincial Legislatures.
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