Clause 15. — (Legal proceedings by and against the Secretary of State.)

Part of Orders of the Day — Indian Independence Bill – in the House of Commons at 12:00 am on 14 July 1947.

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Photo of Sir Godfrey Nicholson Sir Godfrey Nicholson , Farnham 12:00, 14 July 1947

This Clause ties up a little with Clause 10. The right hon. and learned Gentleman knows that those who write to hon. Members of this Committee are uneasy about their terms of future service. They are always asking: "If the Secretary of State is done away with, against whom will our remedy lie, when before we had a remedy against the Secretary of State?" If they are referred to this Clause the answer, presumably, is: The High Commissioner. Then they ask: "Yes, but what if no High Commissioner is appointed?" Can the Under-Secretary enlighten me at all on that point? Can he give some assurance that in the absence of the Secretary of State there will always be somebody who can be sued in court in place of the Secretary of State?

Secretary of State

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