perissial

VII. In respect of Local Legislation- (a) To assent to or withhold his assent from a Bill (giving his reasons for the same), passed by a local legislative Council and assented to by the head of the province.

( After 1919) (b) To reserve a Bill, instead of assenting to or withholding his assent to it, (except when the Bill has been reserved for his consideration), for the signification of His Majesty's pleasure thereon.

D. The Powers of the Governor-General in Council

I. In respect of Indian administration. (a) To superintend, direct and control the civil and military Government of India and to pay due obedience to all such orders as he may receive from the Secretary of State. (b) To be constantly and diligently informed by every Local Government of its proceedings and of all important matters.

(After 1919)-(a) To exercise power of superintendence, direction and control, so far Transferred Subjects are concerned,

only for three specific purposes:- (Compas inck p. 273).

(i) To safeguard the administration of Central Subjects; (ii) To decide questions arising between two provinces in cases where the provinces concerned fail to arrive at an agreement; (iii) To safeguard the due exercise and performance of any powers and duties possessed by, or imposed upon, the Governor-General in Council for the purposes of prescribing the conditions under which the High Commissioner shall act on behalf of a local Government; and for controlling the provincial regulation of the Services, the duties of the Audit Department, or of any rules made by or with the sanction of, the Secretory of State in Council,

II. In respect of property in British India vested in His Majesty.- (a) To sell and dispose of any

real or personal estate in British India vested in His Majesty for the purpose of the Government of India subject to restrictions laid down by the Secretary of State in Council, with the concurrence of the majority of votes. (b) To raise money on such estate by way of mortgage (or otherwise) or to make proper assurances for any of these purposes. (c) To purchase, acquire any property in British India and make any contracts for the purposes of the-Government of India Act, in such a manner as the Governor-General in Council authorises by resolution. (If so executed the contract may be enforced by or against the Secretary of State for the time being.) (d) To make any grant or disposition of any property in British India accruing to His Majesty by forfeiture, escheat or lapse or by devolution bona vacantia, to or in favour of any oné.

III. In respect of creating new provinces, etc., (a) To create a new province under Lieutenant Governor, with the sanction of His Majesty previously signified through the Secretary of State in Council. (b) To create a Council in any province under a Lieutenant Governor, with the approval of the Secretary of State in Council, and to make provision for determining the number, (not exceeding four) and qualifications of the members, etc. [Note- The draft of this notification is to be laid before each House of Parliament which can present an address to His Majesty against it or any part of it; in that case no further proceedings shall be taken thereon. ] (c) To take any part of British India under its immediate authority and management with the approval of the Secretary of State and give all the necessary orders and directions respecting the administration there of. (d) To declare and alter the boundaries of provinces. [NoteAn entire district may not be transferred from one province to another without the previous sanction of His Majesty] (e) To constitute local legislatures in Lieutenant Governor's and Chief Commissioner's provinces.

Aftet 1919 (f) To constitute a new Governor's Province or place parts of a Governor's Province under the administration of a Deputy Governor, after obtaining an expresion of opinion from the local Government and the local legislature affected, and with the sanction of His Majesty's previously signified by the Secretary of State in Council. (f) To apply with such modifications as appear necessary or desirable, all or any of the provisions of the Government of India Act relating to Governor's Provinces or provinces under the Lieutenrat Governor or Chief Commissioner, to any such new province or part of a province.

IV. In relation to judiciary. (a) To alter lccal limits of jurisdiction of High Courts and to authorise any High Court to exercise all or any portion of its jurisdiction in any part of British India not included within the limits for which the High Court was established, and also to exercise any such jurisdiction in respect of (any British subject for the time being within) any part of India outside British India. (b) To appoint additional judges of any High Court, for such period, not exceeding two years, as may be required. (c) To appoint temporarily Chief Justice or any other Judge in the case of the High Court at Calcutta until some person has been appointed by His Majesty to the office of the Chief Justice of any other Judge, or until the absent Chief Justice or any other Judge, has returned from his absence. [Note-A similar power in the cases of the other High Courts is exercised by their respective Local Governments.]

V. In respect of war and peace: (1) Though ordinarily prevented from declaring war or commencing hostilities or entering into any treaty for making war against any Prince or State in India or entering into any treaty for guaranteeing the possessions of any such Prince or State, the Governor-General in Council is empowered to do so only against that power which has actually commenced hostilities or actually made preparations for the commencement of hostilities against the British Govern

ment in India, or against any Prince or State whose territories His Majesty is bound to defend or guarantee. Information in such cases is to be forthwith communicated to the Secretary of State with the reasons therefor.

VI. Miscellaneous. In addition to the above statutory powers the Governor-General in Council, as representing the Crown in India

(a) "enjoys such of the powers, prerogatives, privileges, and immunities appertaining to the Crown as are appropriate to the case and consistent with the system of law in force in India"; and(b) "exercises the delegated powers (i) of making treaties. and arrangements with Asiatic states"; (ii) of exercising jurisdic tion and other powers in a foreign territory; (iii) and "of acquir ing and ceding territory".

E. Changes in the Central Executive after 1919.

I. In the powers of the Governor-General (See pp. 298-302)

II. In the powers of the Governor-General in Council (See pp. 302-305)

III. In the Composition of the Viceregal Council (a) Under the Government of India Act, 1915, the distinction was formally made between ordinary and extraordinary. members. The latter were the Commander-in-Chief and the Governor of a province if the Council happened to hold its meeting in that province. This distinction is now allowed to disappear and the Governor of a province is no longer to sit as a member in the Council-meeting, even if it is held in his province. (b) The statutory limit of six on the number of ordinary members is also removed. (c) The three members with ten years' service qualifications may hereafter be public servants or ex-public servants. (d) For the office of law member, Indian law qualifications are also

recognized as the equivalent of British, so that an English barrister or Scottish advocate of ten years', (instead of five years'), standing and a pleader of any Indian High Court of the same standing are to be considered qualified for the post; (e)+ Provision could be made by rules under the Act as to the qualifications to be required in respect of the members in any case where such provision is not made, i.e., in the case of the remaining members.

[Note:- "A very much important change, effected independently of the Act is the appointment of three Indian Members to the Executive Council instead of one, as formerly, and two as proposed in para 272 of the Joint Report, the total number at present time (March 1922), inclusive of the Viceroy and the Commander-in-Chief, being eight". (Ho. 122)]

IV. In the working of the Council- (a) The Governor-Generel may at his discretion appoint, from among the members of the Legislative Assembly, Council Secretaries who shall hold office during his pleasure and discharge such duties in assisting the members of his Executive Council as he may assign to them. (p. 298) (b) They shall be paid such salaries as may be provided by the Indian Legislature. (c) Any one of them shall cease to hold office if he ceases for more than six months to be a member of the Legislative Assembly. (e) The_Departments, being re-organised, three of them, viz., the Home Department, the Finance Department, and the Department of Railway,) m Commerce & Ecclesiastical, are placed in the hands of three European members of the Council, whereas the other three Departments, viz., the Legislative Department, the Department of Education, Health & Lands and the newly organised Department of Industries & Labour, have been entrusted to Indian members. This new Department includes in its scope Industries and Industrial Intelligence, central institution for Industrial

affointment of stardis commetties. (455)

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