§ Subject in the case of a Federated State to the provisions of the Instrument of Accession of that State, nothing in this Act affects the rights and obligations of the Crown in relation to any Indian State.—[The Attorney-General.]
§ Brought up, and read the First time.
§ 6.24 p.m.
§ The ATTORNEY-GENERAL (Sir Thomas Inskip)I beg to move, "That the Clause be read a Second time."
This short Clause is proposed in order to make it quite plain that the provisions of the existing Section 132 of the Government of India Act are not to be regarded as in any way abrogated. That Section is the descendant of a corresponding Section which appeared in the original Act. When the powers and rights of the old East India Company were transferred to the Crown, it was necessary in the legislation to make it plain that treaties existing between States and the East India Company were equally binding as between the States and the Crown. As the legislation of 1919 was consolidating legislation, the same provisions naturally 92 appeared as were contained in Section 132. Some States may have a little apprehension lest entry into the Federation might in some way prejudice their treaty rights and the treaty obligations of the Crown. In order to make it perfectly plain that no such prejudice is possible to occur to their treaty rights when this Bill becomes law, it is proposed to put in this Clause. Whether the provisions are strictly necessary or not is not a matter that need detain the Committee. We shall put the matter beyond all controversy by including the words which I now propose.
§ Clause added to the Bill.