HC Deb 20 July 1915 vol 73 cc1461-2

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

Sir J. D. REES

There is no provision here, nor can I find it anywhere else, for a class of natives of India who are num- bered by millions, and that is the subjects of the native States. It is provided that: No native of British India, nor any subject of His Majesty resident therein, shall, by reason only of his religion, place of birth, descent, colour, or any of them, be disabled from holding any office under the Crown in India. This is called the Indian Magna Charta. A resident in one of the native States owns primarily allegiance to the ruling chief, and I am not sure what his position is as regards any allegiance to His Majesty. It is not mentioned here at all. It must be owing to some oversight, or the fact that the matter was never considered in the earlier enactments. I have not seen the point noticed anywhere. It must clearly be one that requires attention, not for Amendment now but for consideration when the Bill is prepared.

Mr. ROBERTS

That would be a distinct amendment of the law. If the hon. Member will look up the original Act of 1833, he will see that this Clause follows it exactly. There has been no oversight. Clearly we could not alter the law on that point on a Consolidation Bill.

Mr. CAVE

As an old member of the Consolidation Committee—I forget for how many years—I may say that that Committee is exceedingly careful to do nothing but consolidate. They have always thought it their duty never to admit into a Consolidation Bill what is an amendment of the law. If the House could not trust us to do that they would have to consider every Clause of every Consolidation Bill. Because that course has always been followed the House has passed our Bills without long debate. I think my hon. Friend's observations are rather fitted for another occasion than that of the passing of this Bill.

Sir J. D. REES

I do not urge the amendment now. I am endeavouring to facilitate the passing of the Bill by asking that these matters should be considered when the amending Bill, which is due immediately after the War, is prepared.

Question put, and agreed to.