HL Deb 01 August 1916 vol 22 cc1001-5

Order of the Day for the House to be put into Committee, read.

THE UNDER-SECRETARY OF STATE FOR INDIA (LORD ISLINGTON)

My Lords, before moving that the House resolves itself into Committee, perhaps it would be convenient if at this stage I made a short statement informing your Lordships of the alterations that have been made in this Bill during its passage through the Joint Committee. Paragraph (d) of Clause 2 has been omitted. The intention of this paragraph was to validate certain Indian enactments whose validity had recently been called in question by a decision of the Privy Council. Serious objection to this was raised by Chambers of Commerce and other bodies in India, both on the merits of the proposal and because it was alleged that it was of such a controversial character that it should not be inserted in the Bill at this juncture, as it had been generally understood that controversial questions should, as far as possible, be avoided during the war. The Joint Committee therefore unanimously decided to withdraw this paragraph from the Bill. Clause 3 has also been altered. This clause proposed to place chiefs and subjects of Native States, subjects of States adjacent to India, and members of frontier tribes on the same footing as natives of British India as regards eligibility for office, whether civil or military. The Joint Committee have amended this clause to the effect that persons should be declared eligible in place of classes. This will compel a greater discrimination in regard to eligibility for these appointments. Again, an alteration has been made to the effect that persons of adjacent territory, such as Nepal and Cashmere, and members of all independent tribes on the frontier, should be eligible only for military appointments and not for civil appointments. Then the Joint Committee have omitted Clause 5 of the Bill. This clause proposed to enable, under certain conditions, merchants and bankers to be appointed to Executive Councils in India. The clause was fully discussed in the Committee, and was considered to be objectionable mainly on the ground that it might have an injurious effect on the purity of administration in India. There are also several quite minor changes in the Bill of a verbal character which I will not detain your Lordships by enumerating. I will now move that the House resolves itself into Committee on the Bill to enable me to propose other Amendments.

Moved, That the House do now resolve itself into Committee.—(Lord Islington.)

On Question, Motion agreed to.

House in Committee accordingly.

[The EARL OF DONOUGHMORE in the Chair.]

The Amendments proposed by the Joint Committee made.

Clause 1 agreed to.

Clause 2:

Removal of doubts as to validity of certain Indian laws.

2.—(1) In section seventy-one of the principal Act shall be inserted the following sub-section:— (3A) A regulation made under this section for any territory shall not be invalid by reason only that it confers or delegates power to confer on courts or administrative authorities power to sit or act outside the territory in respect of which they have jurisdiction or functions.

(2) In section eighty-four of the principal Act, after the words "Governor-General in Legislative Council" shall be inserted the words "or a local legislature," and, at the end of the section, shall be inserted the following words:— A law made by any authority in British India and repugnant to any provision of this or any other Act of Parliament shall, to the extent of that repugnancy, but not otherwise, be void.

(3) This section shall apply to and shall validate laws made as well before as after the commencement of this Act.

LORD ISLINGTON moved to add at the end of subsection (1), after the word "functions," the words "or that it confers or delegates power to confer appellate jurisdiction or functions on Courts or administrative authorities sitting or acting outside the territory." The noble Lord said: This Amendment will enable the Courts to carry out their work at the head centre instead of having to migrate into the scheduled districts. For instance, Aden is attached to the Bombay Presidency, and in cases of appellate jurisdiction and in regard to functions of Courts or administrative authorities by regulations the Amendment will enable questions to be referred to the Court sitting in Bombay. This will be a great convenience. There is a question under the present law whether there is power to carry this out; it is proposed, therefore, to make the matter quite clear.

Amendment moved— Clause 2, page 2, line 4, after ("functions") insert ("or that it confers or delegates power to confer appellate jurisdiction or functions on courts or administrative authorities sitting or acting outside the territory").—(Lord Islington.)

On Question, Amendment agreed to.

Clause 2, as amended, agreed to.

Clause 3:

Qualification of rulers and subjects of certain states for office.

3. After section ninety-six of the principal Act shall be inserted the following section:— 96A. Notwithstanding anything in any other enactment, the Governor-General in Council, with the approval of the Secretary of State in Council, may, by notification, declare that any named person or persons falling within any of the classes in this section described shall, subject to any conditions or restrictions prescribed in the notification, be eligible for appointment to any civil or military office under the Crown to which a native of British India may be appointed, namely, (a) the ruler or subjects of any state in India, and for appointment to any such military office, (b) subjects of any state in territory adjacent to India, or (c) members of any independent race or tribe in territory adjacent to India.

LORD ISLINGTON

I have already explained to your Lordships the Amendment to this clause.

Amendment moved— Clause 3, page 2, line 20, leave out from ("that") ["may, by notification, declare that"] to the end of the clause and insert ("subject to any conditions or restrictions prescribed in the notification, any named ruler or subject of any state in India shall be eligible for appointment to any civil or military office under the Crown to which a native of British India may be appointed, or any named subject of any state, or any named member of any independent race or tribe, in territory adjacent to India, shall be eligible for appointment to any such military office").—(Lord Islington.)

On Question, Amendment agreed to.

Clause 3, as amended, agreed to.

Clause 4 agreed to.

Clause 5:

Removal of doubts as to validity of Orders in Council under Foreign Jurisdiction Act. 53 & 54 Vict., c. 37.

5. An Order of His Majesty in Council heretofore or hereafter made under the Foreign Jurisdiction Act, 1890, empowering the Governor-General of India in Council to make rules and orders in respect of courts or administrative authorities acting for any territory shall not be invalid by reason only that it confers or delegates power to confer on courts or administrative authorities power to sit or act outside the territory in respect of which they have jurisdiction or functions.

LORD ISLINGTON

The Amendment standing in my name to Clause 5 is identical to the one which I proposed in Clause 2, and it will make it clear that Orders in Council for Native States may confer appellate jurisdiction.

Amendment moved— Clause 5, page 3, line 8, after ("functions") insert ("or that it confers or delegates power to confer appellate jurisdiction or functions on courts or administrative authorities sitting or acting outside the territory").—(Lord Islington.)

On Question, Amendment agreed to.

Clause 5, as amended, agreed to.

Remaining clauses agreed to.

First Schedule:

LORD ISLINGTON had the following Amendment on the Paper to the First Schedule—

First schedule, page 6, after line 12, insert: Section 92.—The words "or lieutenant-governor" shall be inserted after the words "a governor," wherever occurring, and the words "or Lieutenant-Governor in Council" shall be inserted after the words "Governor in Council," wherever occurring.

The noble Lord said: It was proposed to extend to Lieutenant-Governors in Council the power of appointing temporary members of their own Council, but the Government of India are strongly of opinion that these powers should be retained in the hands of the Governor-General in Council. Therefore I do not move this Amendment.

But the second Amendment standing in my name to the First Schedule I do move. It merely extends the privilege of exemption from the law in India to Lieutenant-Governors and their Councils which have come into existence since the enactment was brought into force which exempted Governors and their Councils.

Amendment moved—

First Schedule, page 6, after line 28, insert: Section 110 (1).—The words "lieutenant-governor and chief commissioner" shall be inserted after the words "each governor," and the words "the executive council of the governor-general or of a governor or lieutenant-governor shall be substituted for the words" their respective executive councils."—(Lord Islington.)

On Question, Amendment agreed to.

First Schedule, as amended, agreed to.

Remaining Schedule agreed to.

The Report of Amendments to be received to-morrow, and Bill to be printed as amended. (No. 83.)