Government of India Act 1935 (Abridged)

[26 Geo. V, c.2]

[Editorial note : The page recites only the main provisions. When passed in 1935 it was the largest statute ever enacted at Westminster. The schedules will be added shortly.]

An Act to make further provision. for the government of India.

[August 2, 1935.]

Be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--

PART 1.-INTRODUCTORY

1.This Act may be cited as the Government of India Act, 1935.

2. (1) All rights, authority and jurisdiction heretofore belonging to His Majesty the King, Emperor of India, which appertain or are incidental to the government of the territories in India for the time being vested in him, and all rights, authority and, jurisdiction exercisable by him in or in relation to any other territories in India, are exercisable by His Majesty, except in so far as may be otherwise provided by or under this Act, or as may be otherwise directed by His Majesty:

Provided that any powers connected with the exercise of the functions of the Crown in its relations with Indian States shall in India, if not exercised by His Majesty, be exercised only by, or by persons acting under the authority of, His Majesty's representative for the exercise of those functions of the Crown.

(2) The said rights, authority and jurisdiction shall include any rights, authority or jurisdiction heretofore exercisable in or in relation to any territories in India by the Secretary of State, the Secretary of State in Council, the Governor-General, the Governor- General in Council, any Governor or any local Government, whether by delegation from His Majesty or otherwise.

3. (1) The Governor-General of India is appointed by His Majesty by a Commission under the Royal Sign Manual and has-

(a) all such powers and duties as are conferred or imposed on him by or under this Act; and

(b) such other, powers of His Majesty, not being powers connected with the exercise of the functions of the Crown in its relations with Indian States, as His Majesty may be pleased to assign to him.

(2) His Majesty's representative for the exercise of the functions of the Crown in its relations with Indian States is appointed by His Majesty in like manner and has such powers and duties in connection with the exercise of those functions (not being powers or duties conferred or imposed by or under this Act on the Governor- General) as His Majesty may be, pleased to assign to him.

(3) It shall be lawful for His Majesty to appoint one person to for both the said offices.

4. There shall be a Commander-in-Chief of His Majesty's Forces in India appointed by warrant under the Royal Sign Manual.

PART II-THE FEDERATION OF INDIA

5. (1) It shall be lawful for His Majesty, if an address in that behalf has been presented to him by each House of Parliament and if the condition hereinafter mentioned is satisfied, to declare by proclamation that as from the day therein appointed there shall be united in a Federation under the Crown, by the name of " the Federation of India "-

(a) the Provinces hereinafter called " Governors' Provinces"; and

(b) the Indian States which have acceded or may thereafter accede to the Federation;

and in the Federation so established there shall be included the Provinces hereinafter called "Chief Commissioners' Provinces."

(2) The condition referred to is that States-

(a) the Rulers whereof will, in accordance with the provisions contained in part 11 of the first schedule to this Act, be entitled to choose not less than 52 members of the Council of State; and

(t) the aggregate population whereof, as ascertained in accordance with the said provisions, amount to at least one-half of the total population of the States as so ascertained, have acceded to the Federation.

6. (1) A State shall be deemed to have acceded to the Federation if His Majesty has signified his acceptance of an instrument of accession executed by the Ruler thereof, whereby the Ruler for himself, his heirs and successors-

(a) declares that he accedes to the Federation as established under this Act, with the intent that His Majesty the King, the Governor-General of India, the Federal Legislature, the Federal Court and any other Federal authority established for the purposes of the Federation shall, by virtue of his instrument of accession, but subject always to the terms thereof, and for the purpose only of the Federation, exercise in relation to his State such functions as may be vested in them by or under this Act ; and

(b) assumes the obligation of ensuring that due effect is given within his State to the provisions of this Act so far as they are applicable therein by virtue of his instrument of accession :

Provided that an instrument of accession may be executed conditionally on the establishment of the Federation on or before a specified date, and in that case the State shall not be deemed to have acceded to the Federation if the Federation is not established until after that date.

(2) An instrument of accession shall specify the matters which the Ruler accepts as. matters with respect to which the Federal Legislature may make laws for his State, and the limitations, if any, to which the power of the Federal Legislature to make laws for his State, and the exercise of the executive authority of the Federation in his State, are respectively to be subject.

(3) A Ruler may, by a supplementary instrument executed by him and accepted by His Majesty, vary the instrument of accession of his State by extending the functions which by virtue of that instrument are exercisable by His Majesty or any Federal authority in relation to his State.

(4) Nothing in this section shall be construed as requiring His Majesty to accept any instrument of accession or supplementary instrument unless he considers it proper so to do, or as empowering His Majesty to accept any such instrument if it appears to him that the terms thereof are inconsistent with the scheme of Federation embodied in this Act:

Provided that after the establishment of the Federation, if any instrument has in fact been accepted by His Majesty, the validity of that instrument or of any of its provisions shall not be called in question and the provisions of this Act shall, in relation to the State, have effect subject to the provisions of the instrument.

(5) It shall be a term of every instrument of accession that the provisions of this Act mentioned in the second schedule thereto may, without affecting the accession of the State, be amended by or by authority of Parliament, but no such amendment shall, unless it is accepted by the Ruler in a supplementary instrument, be construed as extending the functions which by virtue of the instrument are exercisable by His Majesty or any Federal authority in relation to the State.

(6) An instrument of accession or supplementary instrument shall not be valid unless it is executed by the Ruler himself, but, subject as aforesaid, references in this Act to the Ruler of a State include references to any persons for the time being exercising the powers of the Ruler of the State, whether by reason of the Ruler's infirmity or for any other reason.

(7) After the establishment of the Federation the request of a Ruler that his State may be admitted to the Federation shall be transmitted 'to His Majesty through the Governor-General, and after the expiration of, 20 years from the establishment of the Federation the Governor-General shall not transmit to His Majesty any such request until there has been presented to him by each Chamber of the Federal Legislature, for submission to His Majesty, an address praying that His Majesty may be pleased to admit the State into the Federation.

(8) In this Act a State which has acceded to the Federation is referred to as " a Federated State," and the instrument by virtue of which a State has so acceded, construed together with any supplementary instrument executed under this section, is referred to as " the instrument of accession " of that State.

(9) As soon as may be after any instrument of accession or supplementary instrument has been accepted by His Majesty under this section, copies of the instrument and of His Majesty's acceptance thereof shall be laid before Parliament, and all courts shall take judicial notice of every such instrument and acceptance.

THE GOVERNOR-GENERAL

7. (1) Subject to the provisions of this Act, the executive authority of the Federation shall be exercised on behalf of His Majesty by the Governor-General, either directly or through officers sub- ordinate to him, but nothing in this section shall prevent the Federal Legislature from conferring functions upon subordinate authorities, or be deemed to transfer to the Governor-General any functions conferred by any existing Indian law on any court, judge or officer, or on any local or other authority.

(2) References in this Act to the functions of the Governor- General shall be construed as references to his powers and duties in the exercise of the executive authority of the Federation and to any other powers and duties conferred or imposed on him as Governor-General by or under this Act, other than powers exercisable by him by reason that they have been assigned to him by His Majesty under part 1 of this Act.

(3) The provisions of the third schedule to this Act shall have effect with respect to the salary and allowances of the Governor- General and the provision to be made for enabling him to discharge conveniently and with dignity the duties of his office.

8. (1) Subject to the provisions of this Act, the executive authority of the Federation extends-

(a) to the matters with respect to which the Federal Legislature has power to make laws;

(b) to the raising in British India on behalf of His Majesty of naval, military and air forces and to the governance of His Majesty's forces borne on the Indian establishment ;

(c) to the: exercise of such rights, authority and jurisdiction As are exercisable by His Majesty by treaty, grant, usage, sufferance, or otherwise in and in relation to the tribal areas:

Provided that-

(i) the said authority does not, save as expressly provided in this Act, extend in any Province to matters with respect to which the Provincial Legislature has power to make laws -,

(ii) the said authority does not save as expressly provided in this Act, extend in any Federated State save to matters with respect to which the Federal Legislature has power to make laws for that State, and the exercise thereof in each State shall be subject to such limitations, if any, as may be specified in the instrument of accession of the State P.

(iii) the said authority does not extend to the enlistment or enrolment in any forces raised in India of any person unless he is either a subject of His Majesty or a native of India or of territories adjacent to India ; and

(iv) commissions in any such force shall be granted by His Majesty save in so far as he may be pleased to delegate that power by virtue of the provisions of part 1 of this Act or otherwise.

(2) The executive authority of the Ruler of a Federated State shall, notwithstanding anything in this section, continue to be exercisable in that State with respect to matters with respect to which the Federal Legislature has power to make laws for that State except in so far as the executive authority of the Federation becomes exercisable in the State to the exclusion of the executive authority of the Ruler by virtue of a Federal law.

ADMINISTRATION OF FEDERAL AFFAIRS

9. (1) There shall be a Council of Ministers, not exceeding ten in number, to aid and advise the Governor-General in the exercise of his functions, except in so far as he is by or under this Act required to exercise his functions or any of them in his discretion :

Provided that nothing in this sub-section shall be construed as preventing the Governor-General from exercising his individual judgement in any case where by or under this Act he is required so to do.

(2) The Governor-General in his discretion may preside at meetings of the Council of Ministers.

(3) If any question arises whether any matter is or is not a matter as respects which the Governor-General is by or under this Act required to act in his discretion or to exercise his individual judgement, the decision of the Governor-General in his discretion shall be final, and the validity of anything done by the Governor- General shall not be called into question on the ground that he ought or ought not to have acted in his discretion, or ought or ought not to have exercised his individual judgement.

10. (1) The Govemor-General's Ministers shall be chosen and summoned by him, shall be sworn as members of the Council, and shall hold office during his pleasure.

(2) A Minister who for any period of 6 consecutive months is not a member of either Chamber of the Federal Legislature shall at the expiration of that period cease to be a Minister.

(3) The salaries of Ministers shall be such as the Federal Legislature may from time to time by Act determine and, until the Federal Legislature so determine, shall be determined by the Governor- General :

Provided that the salary of a Minister shall not be varied during his term of office.

(4) The question whether any and, if so, what advice was tendered by Ministers to the Governor-General shall not be inquired into in any court.

(5). The functions of the Governor-General with respect to the choosing and summoning and the dismissal of Ministers, and with respect to the determination of their salaries, shall be exercised by him in his discretion.

11. (1) The functions of the Governor-General with respect to defence and ecclesiastical affairs and with respect to external affairs, except the relations between the Federation and any part of His Majesty's dominions, shall be exercised by him in his discretion, and his functions in or in relation to the tribal areas shall be similarly exercised.

(2) To assist him in the exercise of those functions the Governor-General may appoint Counsellors, not exceeding three in number, whose salaries and conditions of service shall be such as may be prescribed by His Majesty in Council.

12. (1) In the exercise of his functions the Governor-General shall have the following special responsibilities, that is to say,-

(a) the prevention of any grave menace to the peace or tranquillity of India or any part thereof

(b) the safeguarding of the financial stability and credit of the Federal Government;

(c) the safeguarding of the legitimate interests of minorities ;

(d) the securing to, and to the dependants of, persons who are or have been members of the public services of any rights provided or preserved for them by or under this Act and the safeguarding of their legitimate interests ;

(e) the securing in the sphere of executive action of the purposes which the provisions of chapter 111 of part V of this Act are designed to secure in relation to legislation ;

(f) the prevention of action which would subject goods of United Kingdom or Burmese origin imported into India to discriminatory or penal treatment ;

(g) the protection of the rights of any Indian State and the rights and dignity of the Ruler thereof ; and

(h) the securing that the due discharge of his functions with respect to matters with respect to which he is by or under this Act required to act in his discretion, or to exercise his individual judgement, is not prejudiced or impeded by any course of action taken with respect to any other matter.

(2) If and in so far as any special responsibility of the Governor-General is involved, he shall in the exercise of his functions exercise his individual judgement as to the action to be taken.

13. (1) The Secretary of State shall lay before Parliament the draft of any instrument of Instructions (including any instrument amending or revoking an instrument previously issued) which it is proposed to recommend His Majesty to issue to the Governor-General, and no further proceedings shall be taken in relation thereto except in pursuance of an address presented to His Majesty by both Houses of Parliament praying that the instrument may be issued.

(2) The validity of anything done by the Governor-General shall not. be called in question on the ground that it was done other- wise than in accordance with any instrument of Instructions issued to him.

14. (1) In so far as the Governor-General is by or under this Act required to act in his discretion or to exercise his individual judgement, he shall be under the general control of, and comply with such particular directions, if any, as may from time to time be given to him by, the Secretary of State, but the validity of anything done by the Governor-General shall not be called in question on the ground that 'it was done otherwise than in accordance with the provisions of this section.

(2) Before giving any directions under this section the Secretary of State shall satisfy himself that nothing in the directions requires the Governor-General to act in any manner inconsistent with any instrument of Instructions issued to him by His Majesty.

15. (1) The Governor-General may appoint a person to be his Financial Adviser.

(2) It shall be the duty of the Governor-General's Financial Adviser to assist by his advice the Governor-General in the discharge of his special responsibility for safeguarding the financial stability and credit of the Federal Government and also to give advice to the Federal Government upon any matter relating to finance with respect to which he may be consulted.

(3) The Governor-General's Financial Adviser shall hold office during the pleasure of the Governor-General, and the salary and allowances of the Financial Adviser and the numbers of his staff and their conditions of service shall be such as the Governor-General may determine.

(4) The powers of the Govemor-General with respect to the appointment and dismissal of a Financial Adviser, and with respect to the determination of his salary and allowances and the numbers of his staff and their conditions of service, shall be exercised by him in his discretion:

Provided that, if the Governor-General has determined to appoint a Financial Adviser, he shall, before making any appointment other than the first appointment, consult his Ministers as to the person to be selected.

16. (1) The Governor-General shall appoint a person, being a person qualified to be appointed a judge of the Federal Court, to be Advocate- General for the Federation.

(2) It shall be the duty of the Advocate-General to give advice to the Federal Government upon such legal matters, and to perform such other duties of a legal character, as may be referred or assigned to him by the Govemor-General, and in the performance of his duties he shall have right of audience in all courts in British India and, in a case in which Federal interests are concerned, in all courts in any Federated State.

(3) The Advocate-General shall hold office during the pleasure of the Governor-General, and shall receive such remuneration as the Governor-General may determine.

(4) In exercising his powers with respect to the appointment and dismissal of the Advocate-General and with respect to the determination of his remuneration, the Govemor-General shall exercise his individual judgement.

17. (1) All executive action of the Federal Government shall be expressed to be taken in the name of the Governor-General.

(2) Orders and other instruments made and executed in the name of the Governor-General shall be authenticated in such manner as may be specified in rules to be made by the Govemor-General, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Govemor-General.

(3) The Govemor-General shall make rules for the more convenient transaction of the business of the Federal Government, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the Governor-General is by or under this Act required to act in his discretion.

(4) The rules shall include provisions requiring Ministers and Secretaries to Government to transmit to the Governor-General all such information with respect to the business of the Federal Government as may be specified in the rules, or as the Governor-General may otherwise require to be so transmitted, and in particular requiring a Minister to bring to the notice of the Governor-General, and the appropriate Secretary to bring to the notice of the Minister concerned and of the Governor-General, any matter under consideration by him which involves, or appears to him likely to involve, any special responsibility of the Governor-General.

(5) In the discharge of his functions under sub-sections (2), (3) and (4) of this section the Governor-General shall act in his discretion after consultation with his Ministers.

GENERAL

18. (1) There shall be a Federal Legislature which shall consist of His Majesty, represented by the Governor-General, and two Chambers, to be known respectively as " the Council of State " and " the House of Assembly " (in this Act referred to as " the Federal Assembly ").

(2) The Council of State shall consist of 156 representatives of British India and not more than 104 representatives of the Indian States, and the Federal Assembly shall consist of 250 representatives of British India and not more than 125 representatives of the Indian States.

(3) The said representatives shall be chosen in accordance with the provisions in that behalf contained in the first schedule to this Act.

(4) The Council of State shall be a permanent body not subject to dissolution, but as near as may be one-third of the members thereof shall retire in every third year in accordance with the pro- visions in that behalf contained in the said first schedule.

(5) Every Federal Assembly, unless sooner dissolved, shall continue for 5 years from the date appointed for their first meeting and no longer, and the expiration of the said period of 5 years shall operate as a dissolution of the Assembly.

19. (1) The Chambers of the Federal Legislature shall be summoned to meet once at least in every year, and 12 months shall not intervene between their last sitting in one session and the date appointed for their first sitting in the next session.

(2) Subject to the provisions of this section, the Governor- General may in his discretion from time to time-

(a) summon the Chambers or either Chamber to meet at. such time and place as he thinks fit ;

(b) prorogue the Chambers;

(c) dissolve the Federal Assembly.

(3) The Chambers shall be summoned to meet for their first session on a day not later than such day as may be specified in that behalf in His Majesty's proclamation establishing the Federation.

20. (1) The Governor-General may in his discretion address either Chamber of the Federal Legislature or both Chambers assembled together, and for that purpose require the attendance of members.

(2) The Governor-General may in his discretion send messages to either Chamber of the Federal Legislature, whether with respect to a bill then pending in the Legislature or otherwise, and a Chamber to whom any message is so sent shall with all convenient despatch consider any matter which they are required by the message to take into consideration.

21. Every Minister, every Counsellor and the Advocate-General shall have the right to speak in, and otherwise to take part in the proceedings of, either Chamber, any joint sitting of the Chambers, and any committee of the Legislature of which he may be named a member, but shall not by virtue of this section be entitled to vote.

PROVISIONS AS TO MEMBERS OF LEGISLATURE

28. (1) Subject to the provisions of this Act and to the rules and standing orders regulating the procedure of the Federal Legislature, there shall be freedom of speech in the Legislature, and no member of the Legislature shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either Chamber of the Legislature of any report, paper, votes or proceedings.

(2) In other respects, the privileges of members of the Chambers

shall be such as may from time to time be defined by Act of the Federal Legislature and, until so defined, shall be such as were immediately before the establishment of the Federation enjoyed by members of the Indian Legislature.

(3) Nothing in any existing Indian Act, and, notwithstanding anything in the foregoing provisions of this section, nothing in this Act, shall be construed as conferring, or empowering the Federal Legislature to confer, on either Chamber or on both Chambers sitting together, or on any committee or officer of the Legislature, the status of a court, or any punitive or disciplinary powers other than a power to remove or exclude persons infringing the rules or standing orders, or otherwise behaving in a disorderly manner.

(4) Provision may be made by an Act of the Federal Legislature for the punishment, on conviction before a court, of persons who refuse to give evidence or produce documents before a committee of a Chamber when duly required by the chairman of the committee so to do:

Provided that any such Act shall have effect subject to such: rules for regulating the attendance before such committees of persons who are, or have been, in the service of the Crown in India, and safe- guarding confidential matter from disclosure, as may be made by the Governor-General exercising his individual judgement.

(5) The provisions of sub-sections (1) and (2) of this section shall apply in relation to persons who by virtue of this Act have the right to speak in, and otherwise take part in the proceedings of, a Chamber as they apply in relation to members of the Legislature.

LEGISLATIVE PROCEDURE

30. (1) Subject to the special provisions of this part of this Act with respect to financial bills, a bill may originate in either Chamber.

(2) Subject to the provisions of the next succeeding section, a bill shall not be deemed to have been passed by the Chambers of the Legislature unless it has been agreed to by both Chambers, either without amendment or with such amendments only as are agreed to by both Chambers.

(3) A bill pending in the Legislature shall not lapse by reason of the prorogation of the Chambers.

(4) A bill pending in the Council of State which has not been passed by the Federal Assembly shall not lapse on a dissolution of the Assembly.

(5) A bill which is pending in the Federal Assembly or which having been passed by the Federal Assembly is pending in the Council of State shall, subject to the provisions of the next succeeding section, lapse on a dissolution of the Assembly.

31. (1) If after a bill has been passed by one Chamber and transmitted to the other Chamber-

(a) the bill is rejected by the other Chamber; or (b) the Chambers have finally disagreed as to the amendments

to be made in the bill; or (c) more than 6 months elapse from the date of the reception of the bill by the other Chamber without the bill being presented to the Governor-General for his assent,

the Governor-General may, unless the bill has lapsed by reason of a dissolution of the Assembly, notify to the Chambers, by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the bill:

Provided that, if it appears to the Governor-General that the bill relates to finance or to any matter which affects the discharge of his functions in so far as he is by or under this Act required to act in his discretion or to exercise his individual judgement, he may so notify the Chambers notwithstanding that there has been no rejection of or final disagreement as to the bill and notwithstanding that the said period of 6 months has not elapsed, if he is satisfied that there is no reasonable prospect of the bill, being presented to him for his assent without undue delay.

In reckoning any such period of 6 months as is referred to in this sub-section, no account shall be taken of any time during which the Legislature is prorogued or during which both Chambers are adjourned for more than 4 days.

(2) Where the Governor-General has notified his intention of summoning the Chambers to meet in a joint sitting, neither Chamber shall proceed further with the bill, but the Governor-General may at any time in the next session after the expiration of 6 months from the date of his notification summon the Chambers to meet in a joint sitting for the purpose specified in his notification and, if he does so, the Chambers shall meet accordingly:

Provided that, if it appears to the Governor-General that the bill is such a bill as is mentioned in the proviso to sub-section (1) of this section, he may summon the Chambers to meet in a joint sitting for the purpose aforesaid at any date, whether in the same session or in the next session.

(3) The functions of the Govemor-General under the provisos to the two last preceding sub-sections shall be. exercised by him in his discretion.

(4) If at the joint sitting of the two Chambers the bill, with such amendments, if any, as are agreed to in joint sitting, is passed by a majority of the total number of members of both Chambers present and voting, it shall be deemed for, the purposes of this Act to have been passed by both Chambers Provided that at a joint sitting- (a) if the bill, having been passed by one Chamber, has not been passed by the other Chamber with amendments and returned to the Chamber in which it originated, no amendment shall be proposed to the bill other than such amendments (if any) as are made necessary by the delay in the passage of the bill ;

(b) if the bill has been so passed and returned, only such amendments as aforesaid shall be proposed to the bill and such other amendments as are relevant to the matters with respect to which the Chambers have not agreed,

and the decision of the person presiding as to the amendments which are admissible under this sub-section shall be final.

(5) A joint sitting may be held under this section and a bill passed thereat notwithstanding that a dissolution of the Assembly has intervened since the Governor-General notified his intention to summon the Chambers to meet therein.

32. (1) When a bill has been passed by the Chambers, it shall be presented to the Governor-General, and the Governor-General shall in his discretion declare either that he assents in His Majesty's name to the bill, or that he withholds assent therefrom, or that he reserves the bill for the signification of His Majesty's pleasure:

Provided that the Govemor-General may in his discretion return the bill to the Chambers with a message requesting that they will reconsider the bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and the Chambers shall reconsider the bill accordingly.

(2) A bill reserved for the signification of His Majesty's pleasure shall not become an Act of the Federal Legislature unless and until, within 12 months from the day on which it was presented to the Governor-General, the Governor-General makes known

public notification that His Majesty has assented thereto.

(3) Any Act assented to by the Governor-General may be disallowed by His Majesty within 12 months from the day of the Governor-General's assent, and where any Act is so disallowed the Governor-General shall forthwith make the disallowance known by public notification, and as from the date of the notification the Act shall become void.

PROCEDURE GENERALLY

38. (1) Each Chamber of the Federal Legislature may make rules for regulating, subject to the provisions of this Act, their procedure and the conduct of their business:

Provided that as regards each Chamber the Governor-General shall in his discretion, after consultation with the President or the Speaker, as the case. may be, make rules-

(a) for regulating the procedure of, and the conduct of business in, the Chamber in relation to any matter which affects the discharge of his functions in so far as he is by or under this Act required to act in his discretion or to exercise his individual judgement;

for securing the timely completion of financial business;

(c) for prohibiting the discussion of, or the asking of questions on, any matter connected with any Indian State, other than a matter with respect to which the Federal Legislature has power to make laws for that State, unless the Governor-General in his discretion is satisfied that the matter affects Federal interests or affects a British subject, and has given his consent to the matter being discussed or the question being asked;

(d) for prohibiting, save with the consent of the Governor- General in his discretion-

(i) the discussion of, or the asking of questions on, any matter connected with relations between His Majesty or the Governor- General and any foreign State or Prince ; or

(ii) the discussion, except in relation to estimates of expenditure of, or the asking of questions on, any matter connected with the tribal areas or the administration of any excluded area; or

(iii) the discussion of, or the asking of questions on, any action taken in his discretion by the Governor-General in relation to the affairs of a Province ; or

(iv) the discussion of, or the asking of questions on, the personal conduct of the Ruler of any Indian State, or of a member of the ruling family thereof ;

and if and in so far as any rule so made by the Govemor-General is inconsistent with any rule made by a Chamber, the rule made by the Govemor-General shall prevail.

(2) The Governor-General, after consultation with the President of the Council of State and the Speaker of the Legislative Assembly, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Chambers.

The said rules shall make such provision for the purposes

specified in the proviso to the preceding sub-section as the Governor- General in his discretion may think fit.

(3) Until rules are made under this section, the rules of procedure and standing orders in force immediately before the establishment of the Federation with respect to the Indian Legislature shall have effect in relation to the Federal Legislature subject to such modifications and adaptations as may be made therein by the Governor-General in his discretion.

(4) At a joint sitting of the two Chambers the President of the Council of State, or in his absence such person as may be determined by rules of procedure made under this section, shall preside.

39. All proceedings in the Federal Legislature shall be conducted in the English language:

Provided that the rules of procedure of each Chamber and the rules with respect to joint sittings shall provide for enabling persons unacquainted, or not sufficiently acquainted, with the English language to use another language.

40. (1) No discussion shall take place in the Federal Legislature with respect to the conduct of any judge of the. Federal Court or a High Court in the discharge of his duties.

In this sub-section the reference to a High Court shall be construed as including a reference to any court in a Federated State which is a High Court for any of the purposes of part IX of this Act.

(2) If the Governor-General in his discretion certifies that the discussion of a bill introduced or proposed to be introduced in the Federal Legislature, or of any specified clause of a bill, or of any amendment moved or proposed to be moved to a bill, would affect the discharge of his special responsibility for the prevention of any grave menace to the peace or tranquillity of India or any part thereof, he may in his discretion direct that no proceedings, or no further proceedings, shall be taken in relation to the bill, clause or amendment, and effect shall be given to the direction.

42. (1) If at any time when the Federal Legislature is not in session the Governor-General is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as the circumstances appear to him to require :

Provided that the Governor-General-

(a) shall exercise his individual judgement as respects the promulgation of any ordinance under this section if a bill containing the same provisions would under this Act have required his previous sanction to the introduction thereof into the Legislature ; and

(b) shall not, without instructions. from His Majesty, promulgate any such ordinance if he would have deemed it necessary to reserve a bill containing the same provisions for the signification of His Majesty's pleasure thereon.

(2) An ordinance promulgated under this section shall have the same force and effect as an Act of the Federal Legislature assented to by the Governor-General, but, every such ordinance-

(a) shall be laid before the Federal Legislature and shall cease to operate at the expiration of 6 weeks from the reassemble of the Legislature, or, if before the expiration of that period resolutions disapproving it are passed by both Chambers, upon the passing of the second of those resolutions

(b) shall be subject to the provisions of this Act relating to the power of His Majesty to disallow Acts as if it were an Act of the Federal Legislature assented to by the Govemor-General; and

(c) may be withdrawn at any time by the Governor-General. (3) If and so far as an ordinance under this section makes any provision which the Federal Legislature would not under this Act be competent to enact, it shall be void.

43. (1) If at any time the Governor-General is satisfied that circumstances exist which render it necessary for him to take immediate action for the purpose of enabling him satisfactorily to discharge his functions in so far as he is by or under this Act required in the exercise thereof to act in his discretion or to exercise his individual judgement, he may promulgate such ordinances as in his opinion the circumstances of the case require.

(2) An ordinance promulgated under this section shall continue in operation for such period not exceeding 6 months as may be specified therein, but may by a subsequent ordinance be extended for a further period not exceeding 6 months.

(3) An ordinance promulgated under this section shall have the same force and effect as an Act of the Federal Legislature assented to by the Governor-General, but every such ordinance-

(a) shall be subject to the provisions of this Act relating to the power of His Majesty to disallow Acts as if it were an Act of the Federal Legislature assented to by the Governor-General ;

(b) may be withdrawn at any time by the Governor-General; and

(c) if it is an ordinance extending a previous ordinance for a further period, shall be communicated forthwith to the Secretary of State and shall be laid by him before each House of Parliament.

(4) If and so far as an ordinance under this section makes any provision which the Federal Legislature would not under this Act be competent to enact, it shall be void.

(5) The functions of the Governor-General under this section shall be exercised by him in his discretion.

44. (1) If at any time it appears to the Governor-General that, for the purpose of enabling him satisfactorily to discharge his functions in so far as he is by or under this Act required in the exercise thereof to act in his discretion or to exercise his individual judgement, it is essential that provision should be made by legislation, he may by message to both Chambers of the Legislature explain the circumstances which in his opinion render legislation essential, and either-

(a) enact forthwith, as a Governor-General's Act, a bill containing such provisions as he considers necessary; or

(b) attach to his message a draft of the bill which he considers necessary.

(2) Where the Governor-General takes such action as is mentioned in paragraph (b) of the preceding sub-section, he may at any time after the expiration of one mouth enact, as a Govemor-General's Act, the bill proposed by him to the Chambers either in the form of the draft communicated to them or with such amendments as he .deems necessary, but before so doing he shall consider any address which may have been presented to him within the said period by either Chamber with reference to the bill or to amendments suggested to be made therein.

(3) A Governor-General's Act shall have the same force and effect, and shall be subject to disallowance in the same manner, as an Act of the Federal Legislature assented to by the Governor- General and, if and in so far as a Governor-General's Act makes any provision which the Federal Legislature would not under this Act be competent to enact, it shall be void.

(4) Every Governor-General's Act shall be communicated forth-with to the Secretary of State and shall be laid by him before each House of Parliament.

(5) The functions of the Governor-General under this section shall be exercised by him in his discretion.

45. (1) If at any time the Governor-General is satisfied that a situation has arisen in which the government of the Federation cannot be carried on in accordance with the provisions of this Act, he may by proclamation-

(a) declare that his function shall to such extent as may be specified in the proclamation be exercised by him in his discretion,

(b) assume to himself all or any of the powers vested in or exercisable by any Federal body or authority,

and any such proclamation may contain such incidental and con- sequential provisions as may appear to him to be necessary or desirable for giving effect to the objects of the proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Act relating to any Federal body or authority:

Provided that nothing in this sub-section shall authorise the Governor-General to assume to himself any of the powers vested in or exercisable by the Federal Court or to suspend, either in whole'6r in part, the operation of any provision of this Act relating to the Federal Court.

(2) Any such proclamation may be revoked or varied by a subsequent proclamation.

(3) A proclamation issued under this section- (a) shall be communicated forthwith to the Secretary of State

and shall be laid by him before each House of Parliament , (b) unless it is a proclamation revoking a previous proclamation, shall cease to operate at the expiration of 6 months :

Provided that, if and so often as a resolution approving the continuance in force of such a proclamation is passed by both Houses of Parliament, the proclamation shall, unless revoked, continue in force for a further period of 12 months m the date on which under this sub-section it would otherwise have ceased to operate.

(4) If at any time the government of the Federation has for a continuous period of 3 years been carried on under and by virtue of a proclamation issued under this section, then, at the expiration of that period, the proclamation shall cease to have effect and the government of the Federation shall be carried on in accordance with the other provisions of this Act, subject to any amendment thereof which Parliament may deem it necessary to make, but nothing in this sub-section shall he construed as extending the power of Parliament to make amendments in this Act without affecting the accession of a State.

(5) If the Governor-General, by a proclamation under this section, assumes to himself any power of the Federal Legislature to make laws, any law made by him in the exercise of that power shall, subject to the terms thereof, continue to have effect until 2 years have elapsed from the date on which the proclamation ceases to have effect, unless sooner repealed or re-enacted by Act of the appropriate Legislature, and any reference in this Act to Federal Acts, Federal laws, or Acts or laws of the Federal Legislature shall be construed as including a reference to such a law.

(6) The functions of the Governor-General under this section shall be exercised by him in his discretion.

PART 111.-THE GOVERNORS' PROVINCES

46. (1) Subject to the provisions of the next succeeding section with respect to Berar, the following shall be Governors' Provinces, that is to say, Madras, Bombay, Bengal, the United Provinces, the Punjab, Bihar, the Central Provinces and Berar, Assam, the North West Frontier Province, Orissa, Sind, and such other Governors' Provinces as may be created under this Act.

(2) Burma shall cease to be part of India.

(3) In this Act the expression " Province " means, unless the context otherwise requires, a Governor's Province, and " provincial shall be construed accordingly.

47. Whereas certain territory (in this Act referred to as " Berar is under the sovereignty of His Exalted Highness the Nizam of Hyderabad, but is at the date of the passing of this Act, by virtue of certain agreements subsisting between His Majesty and His Exalted Highness, administered together with the Central Provinces :

And whereas it is in contemplation that an agreement shall be concluded between His Majesty and His Exalted Highness whereby, notwithstanding the continuance of the sovereignty of His Exalted Highness over Berar, the Central Provinces and Berar may be governed together as one Governor's Province under this Act by the name of " the Central Provinces and Berar

Now, therefore (1) While any such agreement is in force Berar and the Central Provinces shall, notwithstanding the continuance of the sovereignty of His Exalted Highness, be deemed to be one Governor's Province by the name of " the Central Provinces and Berar " ;

(b) any reference in this Act or in any other Act to British India shall be construed as a reference to British India and Berar, and any reference in this Act to subjects of His Majesty shall, except for the purposes of any oath of allegiance, be deemed to include a reference to Berari subjects of His Exalted Highness;

(c) any provision made under this Act with respect to the qualifications of the voters for the Provincial Legislature of the Central Provinces and Berar, or the voters for the Council of State, shall be such as to give effect to any provisions with respect to those matters contained in the agreement :

(2) If no such agreement is concluded, or if such an agreement is concluded but subsequently ceases to have effect, references in this Act to the Central Provinces and Berar shall be construed as references to the Central Provinces, and His Majesty in Council may make such consequential modifications in the provisions of this Act relating to the Central Provinces as he thinks proper.

48. (1) The Governor of a Province shall be appointed by His Majesty by a commssion under the Royal Sign Manual.

[Reproduces generally, mutatis mutandis, and with minor variations, the provisions of chapter 11 of part 11, but without sections 11 and 15. Sections 56-58 are, however, special to part Ill.]

THE GOVERNOR ADINISTRATION OF PROVINCIAL AFFAIRS

56. Where it is proposed that the Governor of a Province should by virtue of any powers vested in him make or amend, or approve the making or amendment of, any rules, regulations or orders relating to any police force, whether civil or military, he shall exercise his individual judgement with respect to the proposal, unless it appears to him that the proposal does not relate to or affect the organisation or discipline of that force.

(1) If it appears to the Governor of a Province that the peace or tranquillity of the Province is endangered by the operations of any persons committing or conspiring, preparing or attempting to commit, crimes of violence which, in the opinion of the Governor, are intended to overthrow the Government as by law established, the Governor may, if he thinks that the circumstances of the case require him so to do for the purpose of combating those operations, direct that his functions shall, to such extent as may be specified in the direction, be exercised by him in his discretion and, until other- wise provided by a subsequent direction of the Governor, those functions shall to that extent be exercised by him accordingly.

(2) While any such direction is in force, the Governor may authorise an official to speak in and otherwise take part in the proceedings of the Legislature, and any official so authorised may speak and take part accordingly in the proceedings of the Chamber or Chambers of the Legislature, any joint sitting of the Chambers, and any committee of the Legislature of which he may be named a member by the Governor, but shall not be entitled to vote.

(3) The functions of the Governor under this section shall be exercised by him in his discretion.

(4) Nothing in this section affects the special responsibility of the Governor for the prevention of any grave menace to the peace or tranquillity of the Province or any part thereof.

58. The Governor in his discretion shall make rules for securing that no records or information relating to the sources from which information has been or may be obtained with respect to the operations of persons committing, or conspiring, preparing, or attempting to commit, such crimes as are mentioned in the last preceding section, shall be disclosed or given-

(a) by any member of any police force in the Province to another member of that force except in accordance with directions of the Inspector-General of Police or Commissioner of Police, as the case may be, or to any other person except in accordance with directions of the Governor in his discretion ; or

(b) by any other person in the service of the Crown in the Province to any person except in accordance with directions of the Governor in his discretion.

GENERAL

60. (1) There shall for every Province be a Provincial Legislature which shall consist of His Majesty, represented by the Governor, and-

(a) in the Provinces of Madras, Bombay, Bengal, the United Provinces, Bihar and Assam, two Chambers;

(b) in other Provinces, one Chamber.

(2) Where there are two Chambers of a provincial Legislature, they shall be known respectively as " the Legislative Council " and " the Legislative Assembly," and where there is only one Chamber, the Chamber shall be known as " the Legislative Assembly."

61-7. [Reproduce generally, mutatis mutandis, and with minor variations, the provisions of sections 19-23.]

PROVISIONS AS TO MEMBERS OF LEGISLATURES

67-72. [Reproduce generally, mutatis mutandis, and with minor variations, the provisions of sections 24-29.]

PART V.-LEGISLATIVE POWERS Chapter I.-Distribution of Powers

99. (1) Subject to the provisions of this Act, the Federal Legislature may make laws for the whole or any part of British India or for any Federated State, and a Provincial Legislature may make laws for the Province or for any part thereof.

(2) Without prejudice to the generality of the powers conferred by the preceding sub-section, no Federal law shall, on the ground that it would have extraterritorial operation, be deemed to be invalid in so far as it applies-

(a) to British subjects and servants of the Crown in any part of India; or

(b) to British subjects who are domiciled in any part of India wherever they may be; or

(c) to, or to persons on, ships or aircraft registered in British India or any Federated State wherever they may be; or

(d) in the case of a law with respect to a matter accepted in the instrument of accession of a Federated State as a matter

PART V.-LEGISLATIVE POWERS Chapter I.-Distribution of Powers

(1) Subject to the provisions of this Act, the Federal Legislature may make laws for the whole or any part of British India r any Federated State, and a Provincial Legislature may make for the Province or for any part thereof

(2) Without prejudice to the generality of the powers conferred in the preceding sub-section, no Federal law shall, on the ground it would have extraterritorial operation, be deemed to be id in so far as it applies-

to British subjects and servants of the Crown in any part of India; or

to British subjects who are domiciled in any part of India ever they may be; or

to, or to persons on, ships or aircraft registered in British India or any Federated State wherever they may be; or

in the case of a law with respect to a matter accepted in the instrument of accession of a Federated State as a matter with respect to which the Federal Legislature may make laws for that State, to subjects of that State wherever they may be ; or

(e) in the case of a law for the regulation or discipline of any naval, military, or air force raised in British India, to members of, and persons attached to, employed with or following, that force, wherever they may be.

100. (1) Notwithstanding anything in the two next succeeding sub-sections, the Federal Legislature has, acrid a Provincial Legislature has not, power to make laws with respect to any of the matters enumerated in list I in the seventh schedule to this Act (hereinafter called " the Federal Legislative List ").

(2) Notwithstanding anything in the next succeeding sub-section, the Federal Legislature, and, subject to the preceding sub-section, a Provincial Legislature also, have power to make laws with respect to any of the matters enumerated in list 111 in the said schedule (hereinafter called " the Concurrent Legislative List ").

(3) Subject to the two preceding sub-sections, the Provincial Legislature has, and the Federal Legislature has not, power to make laws for a Province or any part thereof with respect to any of the matters enumerated in list 11 in the said schedule (hereinafter called " the Provincial Legislative List ").

(4) The Federal Legislature has power to make laws with respect to matters enumerated in the Provincial Legislative List except for a Province or any part thereof.

101. Nothing in this Act shall be construed as empowering the Federal Legislature to make laws for a Federated State otherwise than in accordance with the instrument of accession of that State and any limitations contained therein.

102. (1) Notwithstanding anything in the preceding sections of this chapter, the Federal Legislature shall, if the Governor-General has in his discretion declared by proclamation (in this Act referred to as " a proclamation of emergency ") that a grave emergency exists whereby the security of India is threatened, whether by war or internal disturbance, have power to make laws for a Province or any part thereof with respect to any of the matters enumerated in the Provincial Legislative List.

Provided that no bill or amendment for the purposes aforesaid shall be introduced or moved without the previous sanction of the- Governor-General in his discretion, and the Governor-General shall not give his sanction unless it appears to him that the provision proposed to be made is a proper provision in view of the nature of the emergency.

(2) Nothing in this section shall restrict the power of a Provincial Legislature to make any law which under this Act it has power to make, but if any provision of a provincial law is repugnant to any provision of a Federal law which the Federal Legislature has under this section power to make, the Federal law, whether passed before or after the provincial law, shall prevail, and the provincial law shall to the extent of the repugnancy, but so long only as the Federal law continues to have effect, be void.

(3) A proclamation of emergency- (a) may be revoked by a subsequent proclamation;

(b) shall be communicated forthwith to the Secretary of State and shall be laid by him before each House of ]Parliament; and

(c) shall cease to operate at the expiration of 6 months, unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament.

(4) A law made by the federal Legislature which that Legislature would not but for the issue of a proclamation of emergency have been competent to make shall cease to have effect on the expiration of a period of 6 months after the proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period.

103. If it appears to the Legislatures of two or more Provinces to be desirable that any of the matters enumerated in the Provincial Legislative List should be regulated in those Provinces by Act of the Federal Legislature, and if resolutions to that effect are passed by all the Chambers of those Provincial Legislatures, it shall be lawful for the Federal Legislature to pass an Act for regulating that matter accordingly, but any Act so passed may, as respects any Province to which it applies, be amended or repealed by an Act of the Legislature of that Province.

104. (1) The Govemor-General may by public notification empower either the Federal Legislature or a Provincial Legislature to enact a law with respect to any matter not enumerated in any of the lists in the seventh schedule to this Act, including a law imposing a tax not mentioned in any such list, and the executive authority of the Federation or of the Province, as the case may be, shall extend to the administration of any law so made, unless the Governor-General otherwise directs.

(2) In the discharge of his functions under this section the Governor-General shall act in his discretion.

106. (1) The Federal Legislature shall not by reason only of the entry in the Federal Legislative List relating to the implementing of treaties and agreements with other countries have power to make any law for any Province except with the previous consent of the Governor, or for a Federated State except with the previous consent of the Ruler thereof.

(2) So much of any law as is valid only by virtue of any such entry as aforesaid may be repealed by the Federal Legislature and may, on the treaty or agreement in question ceasing to have effect; be repealed as respects any Province or State by a law of that Province or State.

(3) Nothing in this section applies in relation to any law which the Federal Legislature has power to make for a Province or, as the case may be, a Federated State, by virtue of any other entry in the Federal or the Concurrent Legislative List as well as by virtue of the said entry.

107. (1) If any provision of a provincial law is repugnant to any provision of a Federal law which the Federal Legislature is competent to enact or to any provision of an existing Indian law with respect to one of the matters enumerated in the Concurrent Legislative List, then, subject to the provisions of this section, the Federal law, whether passed before or after the provincial law, or, as the case may be, the existing Indian law, shall prevail and the provincial law shall, to the extent of the repugnancy, be void.

(2) Where a provincial law with respect to one of the matters enumerated in the Concurrent Legislative List contains any pro- vision repugnant to the provisions of an earlier Federal law or an existing Indian law with respect to that matter, then, if the provincial law, having been reserved for the consideration of the Governor-General or for the signification of His Majesty's pleasure, has received the assent of the Governor-General or of His Majesty, the provincial law shall in that Province prevail, but nevertheless the Federal Legislature may at any time enact further legislation with respect to the same matter:

Provided that no bill or amendment for making any provision repugnant to any provincial law, which., having been so reserved, has received the assent of the Governor-General or of His Majesty, shall be introduced or moved in either Chamber of the Federal Legislature without the previous sanction of the Governor-General in his discretion.

(3) If any provision of a law of a Federated State is repugnant to a Federal law which extends to that State, the Federal law, whether passed before or after the law of the State, shall prevail and the law of the State shall, to the extent ot the repugnancy, be void.

108. (1) Unless the Governor-General in his discretion thinks fit to give his previous sanction, there shall not be introduced into, or moved in, either Chamber of the Federal Legislature, any bill or amendment which-

(a) repeals, amends or is repugnant to' any provisions of any Act of Parliament extending to British India ; or

(b) repeals, amends or is repugnant to any Govemor-General's or Governor's Act, or any ordinance promulgated in his discretion by the Govemor-General or a Governor., or

(c) affects matters as respects which the Governor-General is, by or under this Act, required to act in his discretion ; or

(d) repeals, amends or affects any Act relating to any police force; or

(e) affects the procedure for criminal proceedings in which

(f) European British subjects are concerned ; or

(f) subjects persons not resident in British India to greater taxation than persons resident in British India or subjects companies not wholly controlled and managed in British India to greater taxation than companies wholly controlled and managed therein Or

(g) affects the grant of relief from any Federal tax on income in respect of income taxed or taxable in the United Kingdom.

(2) Unless the Governor-General in his discretion thinks fit to give his previous sanction, there shall not be introduced into, or moved in, a Chamber of a Provincial Legislature any bill or amendment which-

(a) repeals, amends or is repugnant to any provisions of any Act of Parliament extending to British India ; or

(b) repeals, amends or is repugnant to any Govemor-General's Act, or any ordinance promulgated in his discretion by the Governor- General; or

(c) affects matters as respects which the Govemor-General is by or under this Act required to act in his discretion ; or

(d) affects the procedure for criminal proceedings in which European British subjects are concerned, and unless the Governor of the Province in his discretion thinks fit to give his previous sanction, there shall not be introduced or moved any bill or amendment which-

(i) repeals, amends or is repugnant to any Governor's Act, or any ordinance promulgated in his discretion by the Governor; or

(ii) repeals, amends or affects any Act relating to any police force.

(3) Nothing in this section affects the operation of any other provision in this Act which requires the previous sanction of the Governor-General or of a Governor to the introduction of any bill or the moving of any amendment.

110. Nothing in this Act shall be taken-

(a) to affect the power of Parliament to legislate for British India, or any part thereof ; or

(b) to empower the Federal Legislature, or any Provincial Legislature-

(i) to make any law affecting the Sovereign or the Royal Family, or the succession to the Crown, or the sovereignty, dominion or suzerainty of the Crown in any part of India, or the law of British nationality, or " The Army Act ,The Air Force Act," or " The Naval Discipline Act," or the law of prize or prize courts; or

(ii) except in so far as is expressly permitted by any subsequent provisions of this Act, to make any law amending any provision of this Act, or any Order in Council made thereunder, or any rules made under this Act 'by the Secretary of State, or by the Governor- General or a Governor in his discretion, or in the exercise of his individual judgement; or

(iii) except in so far as is expressly permitted by any subsequent provisions of this Act, to make any law derogating from any prerogative right of His Majesty to grant special leave to appeal from any court.

PART VI

ADMINISTRATIVE RELATIONS BETWEEN FEDERATION, PROVINCES AND STATES

GENERAL

122. (1) The executive authority of every Province and Federated State shall be so exercised as to secure respect for the laws of the Federal Legislature which apply in that Province or State.

(2) The reference in sub-section (1) of this section to laws of the Federal Legislature shall, in relation to any Province, include a reference to any existing Indian law applying in that Province.

(3) Without prejudice to any of the other provisions of this part of this Act, in the exercise of the executive authority of the Federation in any Province or Federated State regard shall be had to the interests of the Province or State.

123. (1) The Governor-General may direct the Governor of any Province to discharge as his agent, either generally or in any particular case, such functions in and in relation to the tribal areas as may be specified in the direction.

(2) If in any particular case it appears to the Governor-General necessary or convenient so to do, he may direct the Governor of any Province to discharge as his agent such functions in relation to defence, external affairs, or ecclesiastical affairs as may be specified in the direction.

(3) In the discharge of any such functions the Governor shall act in his discretion.

124. (1) Notwithstanding anything in this Act, the Governor-General may, with the consent of the Government of a Province or the Ruler of a Federated State, entrust either conditionally or unconditionally to that Government or Ruler, or to their respective officers, functions in relation to any matter to which the executive authority of the Federation extends.

(2) An act of the Federal Legislature may, notwithstanding that it relates to a matter with respect to which a Provincial Legislature has no power to make laws, confer powers and impose duties upon a Province or officers and authorities thereof.

(3) An Act of the Federal Legislature which extends to a. Federated State may confer powers and impose duties upon the State or officers and authorities thereof to be designated for the purpose by the Ruler.

(4) Where by virtue of this section powers and duties have been conferred or imposed upon a Province or Federated State or officers or authorities thereof, there shall be paid by the Federation to the Province or State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief justice of India, in respect of any extra costs of administration incurred by the Province or State in connection with the exercise of those powers and duties.

125. (1) Notwithstanding anything in this Act, agreements may, and, if provision has been made in that behalf by the instrument of accession of the State, shall, be made between the Governor- General and the Ruler of a Federated State for the exercise by the Ruler or his officers of functions in relation to the administration in his State of any law of the Federal Legislature which applies therein.

(2) An agreement made under this section shall contain pro- visions enabling the Governor-General in his discretion to satisfy himself, by inspection or otherwise, that the administration of the law to which the agreement relates is carried out in accordance with the policy of the Federal Government and, if he is not satisfied, the Governor-General, acting in his discretion, may issue such directions to the Ruler as he thinks fit.

(3) All courts shall take judicial notice of any agreement made under this section.

126. (1) The executive authority of every Province shall be so exercised as not to impede or prejudice the exercise of the executive authority of the Federation, and the executive authority of the Federation shall extend to the giving of such directions to a Province as may appear to the Federal Government to be necessary for that purpose.

(2) The executive authority of the Federation shall also extend to the giving of directions to a Province as to the carrying into execution therein of any Act of the Federal Legislature which relates to a matter specified in part 11 of the Concurrent Legislative List and authorises the giving of such directions:

Provided that a bill or amendment which proposes to authorise the giving of any such directions as aforesaid shall not be introduced into or moved in either Chamber of the Federal Legislature without the previous sanction of the Governor-General in his discretion.

(3) The executive authority of the Federation shall also extend to the giving of directions to a Province as to the construction and maintenance of means of communication declared in the direction to be of military importance :

Provided that nothing in this sub-section shall be taken as restricting the power of the Federation to construct and maintain means of communication as part of its functions with respect to naval, military and air force works.

(4) If it appears to the Governor-General that in any Province effect has not been given to any directions given under this section, the Governor-General, acting in his discretion, may issue as orders to the Governor of that Province either the directions previously given or those directions modified in such manner as the Governor- General thinks proper.

(5) Without prejudice to his powers under the last preceding sub-section, the Governor-General, acting in his discretion, may at any time issue orders to the Governor of a Province as to the manner in which the executive authority thereof is to be exercised for the purpose of preventing any grave menace to the peace or tranquillity of India or of any part thereof.

12'7. The Federation may, if it deems it necessary to acquire any land situate in a Province for any purpose connected with a matter with respect to which the Federal Legislature has power to make laws, require the Province to acquire the land on behalf, and at the expense, of the Federation or, if the land belongs to the Province, to transfer it to the Federation on such terms as may be agreed or, in default of agreement, as may be determined by an arbitrator appointed by the Chief justice of India.

128. (1) The executive authority of every Federated State shall be so exercised as not to impede or prejudice the exercise of the executive authority of the Federation so far as it is exercisable in the State by virtue of a law of the Federal Legislature which applies therein.

(2) If it appears to the Governor-General that the Ruler of any Federated State has in any way failed to fulfil his obligations under the preceding sub-section, the Govemor-General, acting in his discretion, may after considering any representations made to him by the Ruler issue such directions to the Ruler as he thinks fit :

Provided that, if any question arises under this section as to whether the executive authority of the Federation is exercisable in a State with respect to any matter or as to the extent to which it is so exercisable, the question may, at the instance either of the Federation or the Ruler, be referred to the Federal Court for determination by that Court in the exercise of its original jurisdiction under this Act.

PART IX.-THE JUDICATURE

200. (1) There shall be a Federal Court consisting of a Chief Justice of India and such number of other judges as His Majesty may deem necessary, but unless and until an address has been presented by the Federal Legislature to the Governor-General for submission to His Majesty praying for an increase in the number of judges, the number of puisne judges shall not exceed six.

(2) Every judge of the Federal Court shall be appointed by His Majesty by warrant under the Royal Sign Manual and shall hold office until he attains the age of 65 years:

Provided that-

(a) a judge may by resignation under his hand addressed to the Governor-General resign his office;

(b) a judge may be removed from his office by His Majesty by warrant under the Royal Sign Manual on the ground of misbehaviour or of infirmity of mind or body, if the judicial Committee of the Privy Council, on reference being made to them by His Majesty, report that the judge ought on any such ground to be removed.

(3) A person shall not be qualified for appointment as a judge of the Federal Court unless he-

(a) has been for at least 5 years a judge of a High Court in British India or in a Federated State ; or

(b) is a barrister of England or Northern Ireland of at least 10 years' standing, or a member of the Faculty of Advocates in Scotland of at least 10 years' standing; or

(c) has been for at least 10 years a pleader of a High Court in British India or in a Federated State or of two or more such courts in succession:

Provided that- (i) a person shall not be qualified for appointment as Chief justice of India unless he is, or when first appointed to judicial office was, a barrister, a member of the Faculty of Advocates or a pleader and (ii) in relation to the Chief justice of India, for the references in paragraphs (b) and (c) of this sub-section tQ: 10 years there shall be substituted references to 15 years.

In computing for the purposes of this sub-section the standing of a barrister or a member of the Faculty of Advocates, or the period during which a person has been a pleader, any period during which a person has held judicial office after he became a barrister, a member of the Faculty of Advocates or a pleader, as the case may be, shall be included.

(4) Every person appointed to be a judge of the Federal Court shall, before he enters upon his office, make and subscribe before the Governor-General or some person appointed by him an oath according to the form set out in that behalf in the fourth schedule to this Act.

203. The Federal Court shall be a court of record and shall sit in Delhi and at such other place or places, if any, as the Chief justice of India may, with the approval of the Governor-General, from time to time appoint.

204. (1) Subject to the provisions of this Act, the Federal Court shall, to the exclusion of any other court, have an original jurisdiction in any dispute between any two or more of the following parties, that is to say, the Federation, any of the Provinces or any of the Federated States, if and in so far as the dispute involves any question (whether of law or fact) on which' the existence or extent of a legal right depends:

Provided that the said 'urisdicti6n shall not extend to--

(a) a dispute to which a State is a party, unless the dispute-

(i) concerns the interpretation of this Act or of an Order in Council made thereunder, or the extent of the legislative or executive authority vested in the Federation by virtue of the instrument of accession of that State ; or

(ii) arises under an agreement made under part VI of this Act in relation to the administration in that State of a law of the Federal Legislature, or otherwise concerns some matter with respect to which the Federal Legislature has power to make laws for that State ; or

(iii) arises under an agreement made after the establishment of the Federation, with the approval of His Majesty's representative for the exercise of the functions of the Crown in its relations with Indian States, between that State and the Federation or a Province, being an agreement which expressly provides that the said jurisdiction shall extend to such a dispute ;

(b),a dispute arising under any agreement which expressly provides that the said jurisdiction shall not extend to such a dispute.

(2) The Federal Court in the exercise of its original jurisdiction shall not pronounce any judgement other than a declaratory judgement.

205. (1) An appeal shall lie to the Federal Court from any judgement, decree or final order of a High Court in British India, if the High Court certifies that the case involves a substantial question of law as to the interpretation of this Act or any Order in Council made there- under, and it shall be the duty of every High Court in British India to consider in every case whether or not any such question is involved and of its own motion to give or to withhold a certificate accordingly.

(2) Where such a certificate is given, any party in the case may appeal to the Federal Court on the ground that any such question as aforesaid has been wrongly decided, and on any ground on which that party could have appealed without special leave to His Majesty in Council if no such certificate had been given, and, with the leave of the Federal Court, on any other ground, and no direct appeal shall lie to His Majesty in Council, either with or without special leave.

206. (1) The Federal Legislature may by Act provide that in such civil cases as may be specified in the Act an appeal shall lie to the Federal Court from a judgement decree or final order of a High Court in British India without any such certificate as aforesaid, but no appeal shall lie under any such Act unless-

(a) the amount or value of the subject matter of the dispute in the court of first instance and still in dispute on appeal was and is not less than 50,000 rupees or such other sum not less than 15,000 rupees as may be specified by the Act, or the judgment decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value, or

(b) the Federal Court gives special leave to appeal. (2) If the Federal Legislature makes such provision as is men- tioned in the last preceding sub-section, consequential provision may also be made by Act of the Federal Legislature for the abolition in whole or in part of direct appeals in civil cases from High Courts in British India to His Majesty in Council, either with or without special leave.

(3) A bill or amendment for any of the purposes specified in this section shall not be introduced into, or moved in, either Chamber of the Federal Legislature without the previous sanction of the Governor-General in his discretion.

207. (1) An appeal shall lie to the Federal Court from a High Court in a Federated State on the ground that a question of law has been wrongly decided, being a question which concerns the interpretation of this Act or of an Order in Council made thereunder or the extent of the legislative or executive authority vested in the Federation by virtue of the instrument of accession of that State, or arises under an agreement made under part VI of this Act in relation to the administration in that State of a law of the Federal Legislature.

(2) An appeal. under this section shall be by way of special case to be stated for the opinion of the Federal Court by the High Court, and the Federal Court may require a case to be so stated, and may return any case so stated in order that further facts may be stated therein.

208. An appeal may be brought to His Majesty in Council from a decision of the Federal Court-

(a) from any judgement of the Federal Court given in the exercise of its original jurisdiction in any dispute which concerns the interpretation of this Act or of an Order in Council made thereunder, or the extent of the legislative or executive authority vested in the Federation by virtue of the instrument of accession of any State, or arises under an agreement made under part VI of this Act in relation to the administration in any State of a law of the Federal Legislature, without leave; and

(b) in any other case, 'by leave of the Federal Court or of His Majesty in Council.

209. (1) The Federal Court shall, where it allows an appeal, remit the case to the court from which the appeal was brought with a declaration as to the judgement, decree or order which is to be substituted for the judgement, decree or order appealed against, and the court from which the appeal was brought shall give effect to the decision of the Federal Court.

(2) Where the Federal Court upon any appeal makes any order as to the costs of the proceedings in the Federal Court, it shall, as soon as the amount of the costs to be paid is ascertained, transmit its order for the payment of that sum to the court from which the appeal was brought and that court shall give effect to the order.

(3) The Federal Court may, subject to such terms or conditions as it may think fit to impose, order a stay of execution in any case under appeal to the court, pending the hearing of the appeal, and execution shall be stayed accordingly.

210. (1) All authorities, civil and judicial, throughout the Federation, shall act in aid of the Federal Court.

(2) The Federal Court shall, as respects British India and the Federated States, have power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of court, which any High Court in British India has power to make as respects the territory within its jurisdiction, and any such orders, and any orders of the Federal Court as to the costs of and incidental to any proceedings therein, shall be enforceable by all courts and

authorities in every part of British India or of any Federated State as if they were orders duly made by the highest court exercising civil or criminal jurisdiction, as the case may be, in that part.

(3) Nothing in this section- (a) shall apply to any such order with respect to costs as is mentioned in sub-section (2) of the last preceding section ; or (b) shall, as regards a Federated State, apply in relation to any jurisdiction exercisable by the Federal Court by reason only of the making by the Federal Legislature of such provision as is mentioned in this chapter for enlarging the appellate jurisdiction of the Federal Court.

211. Where in any case the Federal Court require a special case to be stated or restated by, or remit a case to, or order a stay of execution in a case from, a High Court in a Federated State, or require the aid of the civil or judicial authorities in a Federated State, the Federal Court shall cause letters of request in that behalf to be sent to the Ruler of the State, and the Ruler shall cause such communication to be made to the High Court or to any judicial or civil authority as the circumstances may require.

212. The law declared by the Federal Court and by any judgement of the Privy Council shall, so far as applicable, be recognised as binding on, and shall be followed by, all courts in British India, and, so far as respects the application and interpretation of this Act or any Order in Council thereunder or any matter with respect to which the Federal Legislature has power to make laws in relation to the State, in any Federated State.

213. (1) If at any time it appears to the Governor-General that a question of law has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Federal Court upon it, he may in his discretion refer the question to that court for consideration and the court may, after such hearing as they think fit, report to the Governor-General thereon.

(2) No report shall be made under this section save in accordance with an opinion delivered in open court with the concurrence of a majority of the judges present at the hearing of the case, but nothing in this sub-section shall be deemed to prevent a judge who does not concur from delivering a dissenting opinion.

216. (1) The administrative expenses of the Federal Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the court shall be charged upon the revenues of the Federation, and any fees or other moneys taken by the court shall form part of those revenues.

(2) The Governor-General shall exercise his individual judgement as to the amount to be included in respect of the administrative expenses of the Federal Court in any estimates of expenditure laid by him before the Chambers of the Federal Legislature.

219. (1) The following courts shall in relation to British India be deemed to be High Courts for the purposes of this Act, that is to say, the High Courts in-Calcutta, Madras, Bombay, Allahabad, Lahore, and Patna, the Chief Court in Oudh, the Judicial Commissioner's Courts in the Central Provinces and Berar, in the North- West Frontier Province and in Sind, any other court in British India constituted or reconstituted under this chapter as a High Court, and- any other comparable court in British India which His Majesty in Council may declare to be a High Court for the purposes of this Act:

Provided that, if provision has been made before the commencement of part 111 of this Act for the establishment of a High Court to replace any court or courts mentioned in this sub-section, then as from the establishment of the new court this section shall have effect as if the new court were mentioned therein in lieu of the court or courts so replaced.

(2) The provisions of this chapter shall apply to every High Court in British India.

220. (1) Every High Court shall be a court of record and shall consist of a Chief justice and such other judges as His Majesty may from time to time deem it necessary to appoint:

Provided that the judges so appointed together with any additional judges appointed by the Govemor-General in accordance with the following provisions of this chapter shall at no time exceed in number such maximum number as His Majesty in Council may fix in relation to that court.

(2) Every judge of a High Court shall be appointed by His Majesty by warrant under the Royal Sign Manual and shall hold office until he attains the age of 60 years:

Provided that-

(a) a judge may by resignation under his hand addressed to the Governor resign his office ;

(b) a judge may be removed from his office by Ms Majesty by warrant under the Royal Sign Manual on the ground of misbehaviour or of infirmity of mind or body, if the judicial Committee of the Privy Council, on reference being made to them by His Majesty, report that the judge ought on any such ground to be removed.

(3) A person shall not be qualified for appointment as a judge of a High Court unless he-

(a) is a barrister of England or Northern Ireland, of at least 10 years' standing, or a member of the Faculty of Advocates in Scotland of at least 10 years' standing ; or 

(b) is a member of the Indian Civil Service of at least 10 years' standing, who has for at least 3 years served as, or exercised the powers of, a district judge; or

(c) has for at least 5 years held a judicial 'office in British India not inferior to that of a subordinate judge, or judge of a small cause court; or

(d) has for at least 10 years been a pleader of any High Court, or of two or more such courts in succession.

Provided that a person shall not, unless he is, or when first appointed to judicial office was, a barrister, a member of the Faculty of Advocates or a pleader, be qualified for appointment as Chief justice of any High Court constituted by letters patent until he has served for not less than 3 years as a judge of a High Court.

In computing for the purposes of this sub-section the standing of a barrister or a member of the Faculty of Advocates, or the period during which a person has been a pleader, any period during which the person has held judicial office after he became a barrister, a member of the Faculty of Advocates, or a pleader, as the case may be, shall be included.

(4) Every person appointed to 'be a judge of a High Court shall, before he enters upon his office, make and subscribe before the Governor or some person appointed by him an oath according to tile form set out in that behalf in the fourth schedule to this Act.

227. All proceedings in every High Court shall be in the English language.

Part XII Miscellaneous and General

297. (1) No Provincial Legislature or Government shall- (a) by virtue of the entry in the Provincial Legislative List relating to trade and commerce within the Province, or the entry in that list relating to the production, supply, and distribution of commodities, have power to pass any law or take any executive action prohibiting or restricting the entry into, or export from, the Province of goods of any class or description ; or

(b) by virtue of anything in this Act have power to impose any tax, excess, toll, or due which, as between goods manufactured or produced in the Province and similar goods not so manufactured or produced, discriminates in favour of the former, or which, in the case of goods manufactured or produced outside the Province, discriminates between goods manufactured or produced in one locality and similar goods manufactured or produced in another locality.

(2) Any law passed in contravention of this section shall, to the extent of the contravention, be invalid.

298. (1) No subject of His Majesty domiciled in India shall on grounds only of religion, place of birth, descent, colour or any of them be ineligible for office under the Crown in India, or be prohibited on any such grounds from acquiring, holding or disposing of property or carrying on any occupation, trade, business or profession in British India.

(2) Nothing in this section shall affect the operation of any law which-

(a) prohibits, either absolutely or subject to exceptions, the sale or mortgage of agricultural land situate in any particular area, and owned by a person belonging to some class recognised by the law as being a class of persons engaged in or connected with agriculture in that area, to any person not belonging to any such class; or

(b) recognises the existence of some right, privilege or disability attaching to members of a community by virtue of some personal law or custom having the force of law.

(3) Nothing in this section shall be construed as derogating from the special responsibility of the Governor-General or of a Governor for the safeguarding of the legitimate interests of minorities.

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