Lords Sitting of 18 December 1941

Preamble
The House met, The LORD CHANCELLOR on the Woolsack.

INDIA (FEDERAL COURT JUDGES) BILL. [H.L.]
Order of the Day for the House to be put into Committee read.
Moved, That the House do now resolve itself into Committee.—(The Duke of Devonshire.)
On Question, Motion agreed to.
House in Committee accordingly:
[The EARL OF ONSLOW in the Chair.]
Clause 1:
Amendment of s. 202 of the Government of India Act, 1935.
1.—(1) At the end of Section two hundred and two of the Government of India Act, 1935, there shall be added the following subsection:—
''(3) If the Governor-General in his discretion is satisfied, after considering a report from the Chief Justice of India—

(a) that in view of some personal interest which any Judge of the Federal Court has in the decision of any particular case, that Judge ought not to take part in the hearing and determination thereof, and

(b) that without that Judge there are not sufficient Judges of the Federal Court available to sit for that purpose,

the Governor-General may in his discretion appoint a Judge of a High Court who is duly qualified for appointment as Judge of the Federal Court to act temporarily as a Judge of that Court and the person so appointed shall, unless the Governor-General in his discretion thinks fit to revoke his appointment, be deemed to be a Judge of the Federal Court until that case has been heard and determined by the Federal Court."
THE PARLIAMENTARY UNDERSECRETARY OF STATE FOR INDIA AND BURMA (THE DUKE OF DEVONSHIRE)THE PARLIAMENTARY UNDERSECRETARY OF STATE FOR INDIA AND BURMA (THE DUKE OF DEVONSHIRE) moved, in paragraph (a) of the proposed new subsection to be added to Section 202 of the Government of India Act, 1935, after "case," to insert "or of some part which any Judge of the Federal Court has already taken, as Judge or counsel or otherwise, in or in relation to any particular case (whether or not while it was before the Federal Court)." The
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noble Duke said: The Bill was introduced to deal with a particular contingency which has arisen. The Amendment is intended to take the opportunity provided by the Bill to widen the scope of the new provisions in order to meet possible contingencies which might arise. The Bill provides for the appointment of a temporary Judge in circumstances in which one of the permanent Judges has a personal interest in a case before the Court. The Amendment extends the provisions to cover circumstances in which one of the permanent Judges of the Federal Court has, in whatever capacity, taken some such part in previous proceedings as would make it undesirable that he should assist in hearing a case on appeal.
The Judge might, for example, have heard a case as Judge in a Provincial High Court, or in some lower Court he might, previous to his elevation to the Bench, have pleaded on one side or the other, or he might—for in India there is no such dividing line between the professions of solicitor and barrister as exists in this country—have acted as solicitor or adviser without having taken part in the actual proceedings in the Court. Any such reason might suggest the presence of some sort of bias which, whether it actually existed or not, would make it undesirable for a Judge to sit on the Bench when the case came before the Court of Appeal. For that reason it is desired to give the Government of India powers to appoint an additional Judge should such circumstances arise. I beg to move the Amendment in my name.
Amendment moved—
Page 1, line 12, after ("case") insert ("or of some part which any Judge of the Federal Court has already taken, as Judge or counsel or otherwise, in or in relation to any particular case (whether or not while it was before the Federal Court)").—(The Duke of Devonshire.)
On Question, Amendment agreed to.
Clause 1, as Amended, agreed to.
Remaining clause agreed to.
Then, Standing Order No. XXXIX having been suspended, in pursuance of the Resolution of December 9, Amendment reported.
Bill read 3a: Amendment (Privilege) made: Bill passed, and sent to the Commons.
House adjourned during pleasure.
House resumed.

NATIONAL SERVICE BILL.
Returned from the Commons, with the Amendments agreed to.

CONSOLIDATED FUND (No. 1) BILL.
Brought from the Commons, endorsed with the Certificate from the Speaker that the Bill is a Money Bill within the meaning of the Parliament Act, 1911; and read 1a
Then, Standing Order No. XXXIX having been suspended, in pursuance: of the Resolution of December 9, Bill read 2a: Committee negatived. Bill read 3a, and passed.

ROYAL COMMISSION.
The following Bills received the Royal Assent:
Consolidated Fund (No. 1) (Session 2)
Expiring Laws Continuance.
National Service (No. 2).
House adjourned.