§ Motion made, and Question proposed, "That the Clause stand part of the Bill."
§ Mr. R. A. ButlerI cannot quite understand the manner in which Subsection (2) of this Clause is drafted. The object is to remove, as far as I can see, all references to the Governor-General and references to the Governor-General in Council, and this Subsection decrees that they shall not apply in references to the Governor-General under this Measure. Under Clause 9 (1,e), the Governor-General has power
for authorising the carrying on of the business of the Governor-General in Council between the passing of this Act and the appointed day otherwise than in accordance with the provisions in that behalf of the Ninth Schedule to the Government of India Act, 1935.It will be remembered that the Ninth Schedule was put in for the interim period before the full Act of 1935 came into operation, and if reference is made to the Ninth Schedule it will be found that it does refer to the Governor-General in Council. I think that it was originally designed to remove if the Governor-General so desired, the Executive Council which, in modern times, was anachronis- 174 tic. I now find that it is doubly covered by another reference to the Governor-General in Council. I think that somewhat modifies the previous power given to the Governor-General. I want to ask why there should appear to be some overlapping in the drafting, although, no doubt, there must be some legal reason for this being included in the Interpretation Clause; otherwise, I cannot see anything in the Interpretation Clause that I myself wish to raise.
§ The Attorney-GeneralThe Interpretation Clause goes rather further than Clause 9 (1,e), which, as the right hon. Gentleman will appreciate, merely gives to the Governor-General the power to make certain orders during the interim period without the assistance of the Council. The purpose of the provision in the Interpretation Clause is that in the Interpretation Clause of 1899, provision was contained to the effect that references in the Statutes generally to the Governor-General were to be taken to mean reference to the Governor-General in Council, and the effect of the Interpretation Clause, therefore, is that in future, so far as these Acts have to be applied at all during the interim period, they will apply by reference to the Governor-General and not to the Governor-General in Council.
§ Question put, and agreed to.
§ Clause ordered to stand part of the Bill.