HC Deb 30 July 1935 vol 304 cc2593-6

Lords Amendment: In page 183, line 16, leave out Sub-sections (1) and (2) and insert: (1) Neither the executive authority of the Federation nor the legislative power of the Federal Legislature shall extend to any area in a Federated State which His Majesty in signifying his acceptance of the Instrument of Accession of that State may declare to be an area theretofore administered by or on behalf of His Majesty to which it is expedient that the provisions of this subsection should apply, and references in this Act to a Federated State shall not be construed as including references to any such area: Provided that—

  1. (a) a declaration shall not be made under this subsection with respect to any area unless, before the execution by the Ruler of the Instrument of Accession notice has been given to him of His Majesty's intention to make that declaration;
  2. (b) if His Majesty with the assent of the Ruler of the State relinquishes his powers and jurisdiction in relation to any such area or any part of any such area, the foregoing provisions of this subsection shall cease to apply to that area or part, and the executive authority of the Federation and the legislative power of the Federal Legislature shall 2594 extend thereto in respect of such matters and subject to such limitations as may be specified in a supplementary Instrument of Accession for the State.
Nothing in this subsection applies to any area if it appears to His Majesty that jurisdiction to administer the area was granted to him solely in connection with a railway. (2) Subject as aforesaid and to the following provisions of this section, if, after the accession of a State becomes effective, power or jurisdiction therein with respect to any matter is, by virtue of the Instrument of Accession of the State, exercisable, either generally or subject to limits, by the Federation, the Federal Legislature, the Federal Court, the Federal Railway Authority, or a Court or an authority exercising the power or jurisdiction by virtue of an Act of the Federal Legislature, or is, by virtue of an agreement made under Part VI of this Act in relation to the administration of a law of the Federal Legislature, exercisable, either generally or subject to limits, by the Ruler or his officers, then any power or jurisdiction formerly exercisable on His Majesty's behalf in that State, whether by virtue of the Foreign Jurisdiction Act, 1890, or otherwise, shall not be exercisable in that State with respect to that matter or, as the case may be, with respect to that matter within those limits. (3) So much of any law as by virtue of any power exercised by or on behalf of His Majesty to make laws in a State is in force in a Federated State immediately before the accession of the State becomes effective and might by virtue of the Instrument of Accession of the State be re-enacted for that State by the Federal Legislature, shall continue in force and be deemed for the purposes of this Act to be a Federal law so re-enacted: Provided that any such law may be repealed or amended by Act of the Federal Legislature and unless continued in force by such an Act shall cease to have effect on the expiration of five years from the date when the accession of the State becomes effective. (4) Subject as aforesaid, the power and jurisdiction exercisable by or on behalf of His Majesty before the commencement of Part III of this Act in Indian States shall continue to be exercisable, and any Order in Council with respect to the said powers or jurisdiction made under the Foreign Jurisdiction Act, 1890, or otherwise, and all delegations, rules and orders made under any such Order, shall continue to be of full force and effect until the Order is amended or revoked by a subsequent Order: Provided that nothing in this subsection shall be construed as prohibiting His Majesty from relinquishing any power or jurisdiction in any Indian State.

Mr. BUTLER

I beg to move, as an Amendment to the Lords Amendment, in line 1, of the proposed new Sub-section (4), to leave out "power," and insert "powers."

Amendment to the Lords Amendment, agreed to.

9.7 p.m.

Lord E. PERCY

I beg to move, "That this House doth agree with the Lords in the said Amendment, as amended."

This Amendment is to make more certain than in the original draft the power of His Majesty to retain his special powers under the Foreign Jurisdiction Act in States where His Majesty has those powers at the present time. The main point of the Amendment is to provide that where His Majesty does exercise such powers in a Federating State, His Majesty may accept the accession of that State, excluding the territory in which he exercises those powers. There are consequential provisions providing that where there is no exception from the State's accession, that then the Federal Government and the Federal Government's powers shall take the place of His Majesty's powers in so far as His Majesty may require.

9.8 p.m.

Duchess of ATHOLL

I understand that the purpose of this rather long and tortuous Amendment is to enable His Majesty to retain his powers if he so desires in regard to certain territories, but, as I understand the Amendment, in regard only to the powers that will be exercised by the Federal Government if those territories were retroceded to the State of which they form part. Am I to understand that this Amendment refers to the whole of the powers that His Majesty exercises not merely to the powers of the Federal Government but to the powers which will be exercised by Provinces or States?

Lord E. PERCY

The Sub-section refers to the whole extent of His Majesty's powers. Sub-section (2) applies to the case where it is not desired to except territory from the accession of a State, where it provides that in so far as the Federal Government's powers are co-extensive with the Foreign Jurisdiction powers, then the Federal Government's powers shall take the place of His Majesty's powers.

Duchess of ATHOLL

In a statement made by the Secretary of State when he introduced—

Mr. DEPUTY-SPEAKER

The Noble Lady must not refer to a statement made in another place.

Duchess of ATHOLL

I understand that among the territories which will come under this Amendment are Quetta, Secunderabad, Mhow and the Civil Station of Bangalore. I should like an assurance in regard to the question of retrocession of these areas. What is the position about Bangalore? Does the House realise with what great anxiety this question of retrocession is viewed? Associations of ratepayers, traders and Anglo-Indians have made repeated protests against the proposed retrocession of Bangalore to Mysore. It is a remarkable fact that the Berars remain part of British India under this Bill and yet the retrocession of Bangalore is being considered.

Mr. DEPUTY-SPEAKER

I do not see what relevance that has to the Amendment.

Duchess of ATHOLL

Do not let us forget that Bangalore has been built up under British administration, and in that respect it is quite different from the Berars.

Mr. DEPUTY-SPEAKER

The Noble Lady cannot go into the question of Bangalore on this Amendment.

Duchess of ATHOLL

I am very relieved to know that it is decided under this Clause that His Majesty's powers may be retained in full, and I earnestly hope that the protests of the residents of Bangalore will be very fully considered by His Majesty's Government before any decision is arrived at.

Subsequent Lords Amendment in page 184, line 6, agreed to.