CLAUSE 276.—(Foreign jurisdiction.) (Hansard, 9 April 1935)

§ The SOLICITOR-GENERAL
I beg to move, in page 159, line 39, to leave out from "State," to the end of the Subsection.
This Clause deals with the rather technical matter of the exercise by the Crown of its powers under the Foreign Jurisdiction Act in parts adjacent to British India but which are not British territory. I will give one example. In the case of certain of the railways which run through Indian States the Rulers of those States have ceded jurisdiction to the Government of India in respect of certain matters connected with the railways and, in some cases at any rate, in respect of a certain area on each side of 1030 the line. The territory does not become British territory, but there is the power to make laws and regulations which run on the railway, though it is in an Indian State. That power is exercised under the Foreign Jurisdiction Act. In so far as the area at present covered by this procedure comes within the Federal part, the powers of the Federal Legislature will supersede the powers at present exercised under the Foreign Jurisdiction Act. The first Sub-section of the Clause deals with that matter, and I think hon. Members will see that the position is clear. Then there comes the question of the powers now exercised under the Foreign Jurisdiction Act which will not be merged in the Federal power either because they are altogether outside it or because they are in relation to a State which is not federated. In an earlier Clause of the Bill—in Clause 2, I think—all those powers are re-vested in the Crown, and this Clause, as originally drafted, expressly dealt with the position of how those powers should be exercised elsewhere, the provision being In any other part of India by such person as His Majesty in Council may designate in that behalf. There was no intention to confer that power upon anybody but the Governor-General, but these words have caused some apprehension in the minds of the Rulers of the States that it might be the intention of Parliament that this power could be delegated to anybody. By the Amendments which have been put down it is proposed to omit these words, which are quite unnecessary. The powers will be delegated to the proper representatives of the Crown in all proper cases, and there is no intention that the power should be exercised by anyone save by the Crown's representative in India in relation to the Indian States, who will be the Governor-General.

Duchess of ATHOLL
I should like to ask one or two questions. I think this Clause would apply to the civil station of 1031 Bangalore which, if I remember aright, is administered under the Foreign Jurisdiction Act. I should very much like to know how this Clause will affect that civil station. The Committee will recall that for the last year or more the Government of Mysore have been asking that the civil station of Bangalore should be retroceded to them. It is established, I think, that this civil station is Mysore territory, though administered under the Foreign Jurisdiction Act, and it is therefore under British administration. It is inhabited by British, Anglo-Indians and Moslems to the number of some 30,000 or 40,000 people, who have protested vehemently and repeatedly against being transferred to the administration of Mysore. I wish to say nothing against the State of Mysore, but these people live in Bangalore under British administration, they have the benefit of British scholarships for their children, and even though the transfer to Mysore would mean the payment of lower taxes than they pay at present they have repeatedly memorialised the Viceroy against being transferred.

§ The CHAIRMAN
I was not in the Chair when an Amendment dealing with Bangalore was mentioned some little time ago, but that was ruled out of order, as Bangalore is not a subject which can be discussed on this Bill.

Duchess of ATHOLL
I understood it could not be discussed under that other Clause.

§ The CHAIRMAN
No, it was not merely out of order on that Clause, but out of order anywhere on the Bill. It is a matter of arrangement between the Sovereign Power and the Ruler of a State.

Duchess of ATHOLL
Bangalore is administered under the Foreign Jurisdiction Act, which is mentioned in this Clause. I am sorry if I entered upon a discussion of the subject, but it is one on which I feel strongly and I was rather carried away. Would it be in order to ask the Solicitor-General one or two questions? I should like to know whether the Clause would apply to Bangalore, and whether it would make it possible for certain powers in respect of the civil station of Bangalore to be handed over 1032 to the State of Mysore, and if so what powers could be so handed over.

§ The SOLICITOR-GENERAL
I am anxious to give answers to all proper questions, but perhaps I can shorten the discussion. I wish to raise a point of Order. My point of Order is that this Clause deals merely with machinery and so far as the machinery is concerned the machinery in respect of Bangalore is unaltered. It would be exactly the same if this Clause were passed as it is now, and that being so I submit that it would be out of order to deal with what might be done in respect of Bangalore—with the position in Bangalore at present or as it might be in the future.

§ The CHAIRMAN
The hon. and learned Gentleman states that the administration of Bangalore will remain exactly as it is, and suggests that it is out of order to discuss the question of any future dealings with Bangalore, and in my view that is correct. That was the intention of my original Ruling. I permitted the Noble Lady to ask questions as to whether what was contained in this Clause affects any dealings with Bangalore, but any explanation as to how it would affect those dealings does not arise. Subject to that, any question of how Bangalore shall be dealt with or what dealings there shall be with Bangalore in the future, would be outside the scope of the Clause.

§ Ducess of ATHOLL
I understand that. Am I also to understand that the Clause makes no difference in the machinery with which Bangalore will be dealt? May I know whether the machinery would enable the Crown by Order in Council to transfer Bangalore, without the question being submitted to Parliament?

§ The SOLICITOR-GENERAL
The question of administration is something quite outside the Foreign Jurisdiction Act whereby the Crown can legislate in foreign territories under agreement. Exactly how that power has been used is quite outside the scope of this Clause.

§ Mr. A. SOMERVILLE
May we have an explanation as to why the administration of Bangalore remains as it is now? It is important to know whether, in the event of secession taking place, Parliament would have an opportunity of discussing the matter.

§ The CHAIRMAN
That is not the point which we are discussing.
Question, "That the Clause, as amended, stand part of the Bill, "put, and agreed to.