HC Deb 17 February 1876 vol 227 cc467-8

Order for Second Reading read.

Motion made, and Question proposed, "That the Bill be now read a second time."—(Lord George Hamilton.)

MR. BECKETT-DENISON

said, he should move certain Amendments in Committee. By the present law it was not lawful for Her Majesty to disallow law passed by the Governor General in Council, but by this Bill it was proposed to give power to Her Majesty to disallow such law or any part thereof. There were other objections to the Bill in giving power to the Governor General to pass new measures.

MR. FARLEY LEITH

expressed his satisfaction that the provisions of the present Bill were different from those unconstitutional ones which were contained in the measure discussed last Session, and stated that he should also propose some Amendments in Committee to remedy what he considered to be its faults.

SIR GEORGE CAMPBELL

much preferred the Bill which the Government had introduced last year to the measure at present before them, and he regretted that the Government had given way so much to the lawyers. He looked upon the present as an unconstitutional measure.

GENERAL SIR GEORGE BALFOUR

strongly protested against the unprecedented and objectionable proposal to allow a Court-martial to interfere with laws that had been passed by the Government of India. It was only right that some safeguard against objectionable legislation should be provided; but the mode of doing so, as provided by this Bill, of allowing Courts for the administration of justice and Courts-martial to challenge the validity of laws duly passed by the Indian Government, at the very time those courts were assembled to try cases under such laws, appeared to be open to the gravest objection.

MR. FAWCETT

thought that to bring on the Bill at 12 o'clock at night without explanation, was a significant illustration of the amount of interest taken by that House in the affairs of India. It was a fitting comment upon the views in respect to the despotic rule of India which had been expressed early in the evening. He asked the Government whether the Bill had been submitted to the Governor General and his Council and they approved of it? There were those who were most deeply interested in the affairs of India who looked with the utmost concern upon the manner in which the Governor General was controlled by telegraph from Whitehall, and he was inclined to think that that control had largely increased during the last two years.

LORD GEORGE HAMILTON

said, the hon. Member who had just sat down was in error in supposing that it was intended to diminish the powers of the Governor General by this Bill; on the contrary, its object was to strengthen the hands of the Governor General. Certainly the Government of India had an objection to the Bill that it did not go far enough; but its simple object was to give to the Governor General a Parliamentary title to his legislative powers. The Bill had two objects; the first to define more clearly the duties and powers of the Governor General, and the second to provide a quick and sure method of testing whether he had exceeded those powers.

Question put, and agreed to.

Bill read a second time, and committed for Thursday next.