HC Deb 13 February 1933 vol 274 cc606-7
9. Mr. MORGAN JONES

asked the Secretary of: State for India whether he has received any information as to the judgment of the High Court of Calcutta with reference to the right of the Governor-General to repromulgate an Ordinance: and, if so, what are the terms of the judgment?

Sir S. HOARE

I have no official information but I have seen a Press report of a case which is possibly that which the hon. Member has in mind. It was an application to the High Court at Calcutta to set aside an order for forfeiture of security passed under the Indian Press (Emergency Powers) Act as amended by the Special Powers Ordinance, one ground for the application being that the Ordinance could have no legal force as it was promulgated by the Governor-General after a period of six months. The Chief Justice is reported to have expressed the opinion that there was nothing to prevent the Governor-General from promulgating another Ordinance if he thought necessary.

Mr. JONES

Will the right hon. Gentleman make official inquiry into this matter with a view to giving us official information?

Sir S. HOARE

Certainly.