HC Deb 30 July 1935 vol 304 cc2608-9

Lords Amendment: In page 313, line 36, at the end, insert: and the protection of judges of the Federal Court and State High Courts from discussion in the Legislature of their conduct.

9.42 p.m.

The ATTORNEY-GENERAL

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

The provisions dealt with in the Second Schedule are those which we have called the unprotected provisions. The protected provisions are those which may not be altered without affecting the accession of a State. It is obvious that if a State has acceded to the Federation upon certain provisions contained in the Bill, it is not right that those provisions should be altered, but there are provisions in the Bill to which that consideration does not apply, and these have been made the subject-matter of the Second Schedule. A number of additions to the protected provisions, in other words, the exceptions to the unprotected provisions, are proposed by a series of Amendments of which this is the first. With one exception these Amendments are not of great importance, but some of them are necessary in consequence of Amendments which were made in the Bill during the Report stage in this House when there was not time to make the necessary consequential Amendments in the Schedule. These Amendments have now been made in another place. Some have been made in order to meet requests put forward by the States that certain provisions which had not been included in the protected provisions should be added to those provisions. The particular Amendment with which I now move to agree deals with the protection of judges of the Federal Court and the State High Courts in respect of discussions in the Legislature on their conduct. The Amendment will have the effect of protecting those provisions. I do not know whether the House will allow these general observations to cover the other Amendments, with the exception of one, which is a little more important than the rest.

Lords Amendment: In page 313, line 43, leave out from "special" to the end of line 48, and insert: responsibilities of the Governor relating to the rights of Indian States and the rights and dignity of the Rulers thereof and to the execution of orders or directions of the Governor-General and the superintendence of the Governor-General in relation to those responsibilities.

9.46 p.m.

The ATTORNEY-GENERAL

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

This is part of the Amendment which I regard as of some importance. It goes with a later Amendment to line 32 on the next page, and the particular importance of it is that it deals with a very important power of the Govtrnor-General to direct what should be done by a Province for the purpose of preventing any grave menace to the peace or tranquillity of India or any part thereof. That is obviously a matter of very great importance to the States, and it is desired to include those matters within the protected provisions. This is part of the same subject matter.

Subsequent Lords Amendments to page 315, line 20, agreed to.