HC Deb 20 July 1915 vol 73 c1461

Motion made, and Question proposed, "That the Clause stand part of the Bill."

Sir J. D. REES

Sub-section (4) provides that when and so long as the Indian Legislative Council assembles in a province having a Lieutenant-Governor or Chief Commissioner, he shall be an additional member of the Council for the time being. There is no similar provision for the Governor in Council. Some provinces are under Governors in Council and some under Lieutenant-Governors in Council, and some under Lieutenant-Governors without Council. It is provided that where a Governor-General in Council is for the time being in a Governor's province, the Governor is a member of the Governor-General's Executive Council, and here it is provided that where the same Governor-General in Council sits in a Lieutenant-Governor's or Chief Commissioner's province, such Lieutenant-Governor or Chief Commissioner is ex officio a member of the Legislative Council. It is nowhere provided that the Governor is a member of the Legislative Council when a Governor-General in Council sits for the purpose of making laws and regulations in a Governor's province. I have reason to believe that, owing to the fact that when these earlier enactments which are dealt with here were passed, there were no Legislative Council, this anomaly has resulted, and it has not yet been noticed anywhere in dealing with the Bill. It certainly should be noticed and remedied, and I will ask the right hon. Gentleman to note it for the amending Bill.

Mr. ROBERTS

If I understand the hon. Gentleman aright, what he is now suggesting is an Amendment which cannot properly be embodied in a Consolidation Bill, but must be taken note of. It is an Amendment which cannot be considered here.

Question put, and agreed to.