[Repealed] Part II - The Federal Executive in Government of India Act, 1935 [Repealed]
The Federal Executive.
Section 5 - Proclamation of Federation of India
1 [5. Proclamation of Federation ofIndia
(1) It shall be lawful for His Majesty, if anaddress in that behalf has been Proclamation of presented to him by each Houseof Parliament and if the condition hereinafter mentioned is satisfied, todeclare by Proclamation that as from the day therein appointed there shall beunited in a Federation under the Crown, by the name of the Federation ofIndia,--
(a)the Provinces hereinafter called Governors' Provinces; and
(b)the Indian States which have acceded or may thereafter accede to the Federation;
andin the Federation so established there shall be included the Provinceshereinafter called Chief Commissioners' Provinces.
(2)The condition referred to is that States--
(a)the Rulers whereof will, in accordance with the provisions contained inPart II of the First Schedule to this Act, be entitled to choose not less thanfifty-two members of the Council of State; and
(b)the aggregate population whereof, as ascertained in accordance with thesaid provisions, amounts to at least one-half of the total population of theStates as so ascertained,
haveacceded to the Federation.
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1.S. 5 was substituted by ibid., as follows--
"5.Establishment of the Dominion.--(1) The Dominion of India established by theIndian Independence Act, 1947, shall as from the fifteenth day of August, 1947,be a Union comprising--
(a)the Provinces hereinafter called Governors' Provinces,
(b)the Provinces hereinafter called Chief Commissioners' Provinces,
(c)the Indian States acceding to the Dominion in the manner hereinafter provided,and
(d)any other areas that may with the consent of the Dominion be included in theDominion.
(2)The said Dominion of India is hereafter in this Act referred to as "theDominion" and the said fifteenth day of August is hereafter in this Actreferred to as "the date of the establishment of the Dominion."
Section 6 - Accession of Indian States
1 [6. Accession of IndianStates
(1) A State shall be deemed to have acceded tothe Federation ifHis Majesty has signified his acceptance of an,Instrument ofAccession executed by the Rulerthereof, whereby the Ruler for himself, hisheirs,and successors--
(a)declares that he accedes to the Federation as established under' thisAct, with the intent that His Majesty the King, the Governor-General of India,the Federal Legislature, the Federal; Court and any other Federal authorityestablished for the purposes of the Federation shall, by virtue of hisInstrument of Accession, but subject always to the terms thereof, and for thepurposes only of the Federation, exercise in relation to his State suchfunctions as may be vested in them by or under this Act; and
(b)assumes the obligation of ensuring that due effect is given within hisState to the provisions of this Act so far as they are applicable therein byvirtue of his Instrument of Accession:
Providedthat an Instrument of Accession may be executed conditionally on theestablishment of the Federation on or before a specified date, and in that casethe State shall not be deemed to have acceded to the Federation is notestablished until after that date.
(2)An Instrument of Accession shall specify the matters which the Ruler accepts asmatters with respect to which the federal Legislature make laws for his State,and the limitations, if any, to which the power of the Federal Legislature tomake laws for his State, and the exercise of the executive authority of theFederation in his State, are respectively to be subject.
(3)A Ruler may, by a supplementary Instrument executed by him and accepted by HisMajesty, vary the Instrument of Accession of his State by extending thefunctions which by virtue of that Instrument are exercisable by His Majesty orany Federal Authority in relation to his State.
(4)Nothing in this section shall be construed as requiring His Majesty to acceptany Instrument of Accession or supplementary Instrument unless he considers itproper so to do, or as empowering His Majesty to accept any such Instrument ifit appears to him that the terms thereof are inconsistent with the scheme ofFederation embodied in this Act:
Providedthat after the establishment of the Federation, if any Instrument has in factbeen accepted by His Majesty, the validity of that Instrument or of any of itsprovisions shall not be called in question and the provisions of this Act shall,in relation to the State, have effect subject to the provisions of theInstrument.
(5)It shall be a term of every Instrument of Accession that the provisions of thisAct mentioned in the Second Schedule thereto, may, without affecting theaccession of the State, be amended by or by authority of Parliament, but notsuch amendment shall, unless it is accepted by the Ruler in a supplementaryInstrument, be construed as extending the functions which by virtue of theInstrument are exercisable by His Majesty or any Federal Authority in relationto the State.
(6)An Instrument of Accession or supplementary Instrument shall not be valid unlessit is executed by the Ruler himself, but, subject as aforesaid, references inthis Act to the .Ruler of a State include references to any persons for the timebeing exercising the powers of the Ruler of the State, whether by reason of theRuler's minority or for any other reason.
(7)After the establishment of the Federation the request of a Ruler that his Statemay be admitted to the Federation shall be transmitted to His Majesty throughthe Governor-General, and after the expiration of twenty years from theestablishment of the Federation the Governor-General shall not transmit to HisMajesty any such request until there has been presented to him by each Chamberof the Federal Legislature, for submission to His Majesty, an address prayingthat His Majesty may be pleased to admit the State into the Federation.
(8)In this Act a State which has acceded to the Federation is referred to as aFederated State, and the Instrument by virtue of which a State has so acceded,construed together with any supplementary Instrument executed under thissection, is referred to as the Instrument of Accession of that State.
(9)As soon as may be after any Instrument of Accession or supplementary Instrumenthas been accepted by His Majesty under this section, copies of the Instrument,and of His Majesty's Acceptances thereof shall be laid before Parliament, andall courts shall take judicial notice of every such Instrument and Acceptance.
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1. Section 6 was substituted by ibid., as follows--
"6.Accession of Indian States--(1) An Indian State shall be deemed to have accededto the Dominion if the Governor-General has signified his acceptance of anInstrument of Accession executed by the Ruler thereof whereby the Ruler onbehalf of the State:--
(a)declares that he accedes to the Dominion with the intent that the.Governor-General, the Dominion Legislature, the Federal Court and any otherDominion authority established for the purposes of the Dominion shall, by virtueof his Instrument of Accession, but subject always to the terms thereof, and forthe purposes only of the Dominion, exercise in relation to the State suchfunctions as may be vested in them by order under this Act; and
(b)assumes the obligation of ensuring that due effect is given within the State tothe provisions of this Act so far as they are applicable therein by virtue ofthe Instrument of Accession.
(2)An Instrument of Accession shall specify the matters which the Ruler accepts asmatters with respect to which the Dominion Legislature may make laws for theState, and the limitations, if any, to which the power of the DominionLegislature to make laws for the State, and the exercise of the executiveauthority of the Dominion in the State, are respectively to be subject.
(3)A Ruler may, by a supplementary Instrument executed by him and accepted by theGovernor-General, vary the Instrument of Accession of his State by extending thefunctions which by virtue of that Instrument are exercisable by any Dominionauthority in relation to his State.
(4)References in this Act to the Ruler of a State include references to any personsfor the time being exercising the powers of the Ruler of the State, whether byreason of the Ruler's minority or for any other reason.
(5)In this Act a State which has acceded to the Dominion is referred to as anAcceding State and the Instrument by virtue of which a State has so acceded,construed together with any supplementary Instrument executed under thissection, is referred to as the Instrument of Accession of that State.
(6) As soon as may be after any Instrument ofAccession or supplementary Instrument has been accepted by the Governor-Genera]under this section, copies of the Instrument and of the Governor-General'sacceptance thereof shall be laid before the Dominion Legislature and all courtsshall take judicial notice of every such Instrument and acceptance."
GOVERNMENT OF INDIA ACT, 1935 [REPEALED]Chapter II - THE FEDERAL EXECUTIVE
Section 7 to 8 - The Governor-General
Section 7 - Functions of Governor-General
(1)Subject to the provisions of this Act, the executive authority of the 1 [Federation]shall be exercised on behalf of His Majesty by the Governor-General eitherdirectly or through officers subordinate to him, but nothing in this sectionshall Prevent the 1 [Federal] Legislature from conferring function,upon subordinate authorities, or be deemed to transfer to the Governor-Generalany functions conferred by any existing Indian law on any court, judge orofficer, or on any local or other authority.
(2)References in this Act to the functions of the Governor-General shall beconstrued as references to his powers and duties in the exercise of theexecutive authority of the Federation and to any other powers and dutiesconferred or imposed on him as Governor-General by or under this Act, 2 [otherthan powers exercisable by him reason that they have been assigned to him by HisMajesty under Part I of this Act].
(3) The provisions of the Third Schedule tothis Act shall have effect with respect to the salary and allowances of theGovernor-General and, the provision to be made for enabling him to dischargeconveniently and with dignity the duties of his office.
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1.This wordwas substituted by the word 'Dominion', by the India (Provisional Constitution)Order, 1947.
2.These wordswere omitted by the India (Provisional Constitution) Order, 1947.
Section 8 - Extent of Executive Authority of the Federation
(1) Subject to the provisions of this Act,the executive authority of the 1 [Federation]extends--
(a) to the matters with respect to which the 1 [Federal] Legislature has power to make laws;
(b) to the raising in British India on behalf of His Majesty of naval, military and air forces and to the governance of His Majesty's forces borne on the Indian establishment;
(c) to the exercise of such rights, authority and jurisdiction as are exerciseable by His Majesty by treaty, grant, usage, sufferance, or otherwise in and in relation to the tribal areas:
Provided that--
(i) the said authority does not, save as expressly provided in this Act, extend in any Province to matters with respect to which the Provincial Legislature has power to make laws;
(ii) the said authority does not, save as expressly provided in this Act, extend in any 2 [Federated] State save to matters with respect to which the 1 [Federal] Legislature has power to make laws for that State, and the exercise thereof in each State shall be subject to such limitations, if any, as may be specified in the Instrument of Accession of the State;
(iii) the said authority does not extend to the enlistment orenrolment in any forces raised in India of any person unlesshe is either a subject of His Majesty or a native of Indiaor of territories adjacent to India; and
(iv) commissions in any such force shall be granted by His Majesty save in so far as he may be pleased to delegate that power by virtue of the provisions of Part I of this Act or otherwise.
(2) This executive authority of the Ruler of 3 [a Federated] State shall notwithstanding anything in this section, continue to be exercisable in that State with respect to matters with respect to which the 1 [ Federal] Legislature has power to make lows for that State except in so far as the executive authority of the 1 [Federation] becomes exercisable in the State to the exclusion of the executive authority of the Ruler by virtue of a 1 [Federal] law.
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1. This word was substituted by the word 'Dominion', by the India (Provisional Constitution) Order, 1947.
2. This word was substituted by the word 'acceding', by the India (Provisional Constitution) Order, 1947.
3. These words were substituted by the words 'an Acceding', by the India (Provisional Constitution) Order, 1947.
Section 9 to 17 - Administration of Federal Affairs
Section 9 - Council of Ministers
(1)There shall be a council of ministers, not exceeding ten in number, to aid andadvise the Governor-General in the exercise of his functions, 1 [exceptin so far as he is by or under this Act required to exercise his functions orany of them in his discretion:
Providedthat nothing in this sub-section shall be construed as preventing theGovernor-General from exercising his individual judgment in any case where by orunder this Act he is required so to do.
(2)The Governor-General in his direction may preside at meetings of the council ofministers.
(3)If any question arises whether any matter is or is not a matter as respectswhich the Governor-General is by or under this Act required to act in hisdiscretion or to exercise his individual judgment, the decision, of theGovernor-General in his discretion shall be final, and the validity of anythingdone by the Governor-General shall not be called in question on the ground thathe ought or ought not to have acted in his discretion, or ought or ought not tohave exercised his individual judgment].
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1.These words up to the end of the section were omitted, by theIndia (Provisional Constitution) Order, 1947.
Section 10 - Other Provisions as to ministers
(1) The Governor-General's ministers shall be chosen and summoned by him, shall be sworn as members of the council, and shall hold office during his pleasure.
(2) A minister who for any period of six consecutive months is not a member of 1 [either Chamber of] the Federal Legislature shall at the expiration of that period cease to be a minister.
(3) The salaries of ministers shall be such as the Federal Legislature may from time to time by Act determine and, until the Federal Legislature so determine, shall be determined, by the Governor-General:
Provided that the salary of a minister shall not be varied during his term of office.
(4) The question whether any and, if so, what advice was tendered by ministers to the Governor-General shall not be inquired into in any Court.
2 (5) The functions of the Governor-General, with respect to the choosing and summoning and the dismissal of ministers, and with respect to the determination of their salaries, shall be exercised by him in his discretion].
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1. These words were omitted by the India (Provisional Constitution) Order, 1947.
2. Sub-section (5) was omitted by the India (Provisional Constitution) Order, 1947.
Section 11 - Provisions as to Defence, Ecclesiastical Affairs, External Affairs and the Tribal Areas
1 [11. Provisions as to Defence, Ecclesiastical Affairs, External Affairs and the Tribal Areas
(1) The functions of the Governor-General with respect to defence and ecclesiastical affairs and with respect to external affairs, except the relations between the Federation and any part of His Majesty's dominions, shall be exercised by him in his discretion, and his functions in or in relations to the tribal areas shall be similarly exercised,
(2) To assist him in the exercise of those functions the Governor-General may appoint counsellors, not exceeding three in number, whose salaries and conditions of service shall be such as may be prescribed by His Majesty in Council.
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1. Sections 11-15 were omitted by the India (Provisional Constitution) Order, 1947.
Section 12 - Special Responsibilities of Governor-General
1 (1) In the exercise of his functions the Governor-General shall have the following special responsibilities, that is to say,--
(a) the prevention of any grave menace to the peace or tranquility of India or any part thereof;
(b) the safeguarding of the financial stability and credit of the Federal Government;
(c) the safeguarding of the legitimate interests of minortities;
(d) the securing to, and to the dependants of, persons who are or have been members of the public services of any rights provided or preserved for them by or under this Act and the safeguarding of their legitimate interests;
(e) the securing in the sphere of executive action of the purposes which the provisions of Chapter III of Part V of this Act; are designed to secure in relation to legislation;
(f) the prevention of action which would subject goods of United Kingdom or Burmese origin imported into India to discriminatory or penal treatment;
(g) the protection of the rights of any Indian State and the rights and dignity of the Ruler thereof; and
(h) the securing that the due discharge of his functions with respect to matter with respect to which he is by or under this Act required to act in his discretion, or to. exercise his individual judgment, is not prejudiced or impeded by any course of action taken with respect to any other matter.
(2) If and in so far as any special responsibility of the Governor-General is involved, he shall in the exercise of his functions exercise his individual judgment as to the action to be taken.
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1. Sections 11-15 were omitted by the India (Provisional Constitution) Order, 1947.
Section 13 - Provisions as to Instrument of Instructions
1 [13. Provisions as to Instrument of Instructions
(1) The Secretary of State shall by before Parliament the draft of any Instrument of Instructions (including any Instrument amending or revoking an Instrument previously issued) which it is proposed to recommend His Majesty to issue to the Governor-General, and no further proceedings shall be taken in relation thereto except in pursuance of an address presented to His Majesty; in both Houses of Parliament praying that the Instrument may be issued.
(2) The validity of anything done by the Governor-General shall not be called in question on the ground that it was done otherwise than in accordance with any Instrument of Instructions issued to him.
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1. Sections. 11-15 were omitted by the India (Provisional Constitution) Order, 1947.
Section 14 - Superintendence Secretary of State
(1) In so far as the Governor-General is by or under this Act required to act in his discretion or to exercise his individual judgment, he shall be under the general control of, and comply with such particular directions, if any, as may from time to time be given to him by, the Secretary of State, but the validity of anything done by the Governor-General shall not be called in question on the ground that it was done otherwise than in accordance with the provisions of this section.
(2) Before giving any directions under this section the Secretary of State shall satisfy himself that nothing in the directions requires the Governor-General to act in any manner inconsistent with any Instrument of Instructions issued to him by His Majesty.
Section 15 - Financial Adviser to Governor-General
1 [15. Financial Adviser to Governor-General
(1) The Governor-General may appoint a person to be his financial adviser.
(2) It shall be the duty of the Governor-General's financial adviser to assist by his advice the Governor-General in the discharge of his special responsibility for safeguarding the financial stability and credit of the Federal Government, and also to give advice to the Federal Government upon any matter relating to finance with respect to which he may be consulted.
(3) The Governor-General's financial adviser shall hold office during the pleasure of the Governor-General, and the salary and allowances of the financial adviser and the numbers of his staff and their conditions of service shall be such as the Governor-General may determine.
(4) The powers of the Governor-General with respect to the appointment and dismissal of a financial adviser, and with respect to the determination of his salary and allowances and the numbers of his staff and their conditions of service, shall be exercised by him in his discretion:
Provided that, if the Governor-General has determined to appoint a financial adviser he shall, before making any appointment other than the first appointment, consult his ministers as to the person to be selected.
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1. Subsection. 11-15 were omitted by the India (Provisional Constitution) Order, 1947.
Section 16 - Advocate General for Federation
1 [16. Advocate General for Federation
(1) The Governor-General shall appoint a person, being a person qualified to be appointed a judge of the Federal Court, to be Advocate-General for the [Federation].2
(2) It shall be the duty of the Advocate-General to give advice to the [Federal]2 Government upon such legal matters, and to perform such other duties of a legal character, as may be referred to assigned to him by the Governor-General, and in the performance of his duties he shall have right of audience in all courts in British India and, in a case in which [federal]2 interests are concerned, in all courts in any [Federated]3 State.
(3) The Advocate-General shall hold office during the pleasure of the Governor-General, and shall receive such remuneration as the Governor-General may determine.
(4) In exercising his powers with respect to the appointment and dismissal of the Advocate-General and with respect to the determination of his remuneration, the Governor-General shall exercise his individual judgment.
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1. Section 16 came into force on 1-4-1S37 under Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
2. Substituted by the word 'Dominion', by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
3. Substituted toy the word 'Acceding', by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
Section 17 - Conduct of Business of Federal Government
(1) All executive action of the [Federal]1 Government shall be expressed to be taken in the name of the Governor-General.
(2) Orders and other instruments made andexecuted in the name of the Governor-General shall be authenticated in suchmanner as may be specified in rules to be made by the Governor-General, and thevalidity of an order or instrument which is so authenticated shall not be calledin question on the ground that it is not an order or instrument made or executedby the Governor-General.
(3)The Governor-General shall make rules for the more convenient transaction of thebusiness of the [Federal]1 Government, and for the allocation amongministers of the said business [in so far as it is not business with respect towhich the Governor-General is by or under this Act required to act in hisdiscretion].2
3 (4) The rules shall includeprovisions requiring ministers and secretaries to Government to transmit to theGovernor-General all such information with respect to the business of theFederal Government as may be specified in the rules, of as the Governor-Generalmay otherwise require to be so transmitted, and in particular requiring aminister to bring to the notice of the Governor-General and the appropriatesecretary to bring to the notice of the minister concerned and of theGovernor-General, any matter under consideration by him which involves, orappears to him likely to involve, any special responsibility of theGovernor-General.
3 (5)In the discharge of his functions under sub-sections (2), (3) and (4) of thissection the Governor-General shall act in his discretion after consultation withhis ministers.
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1.Substituted by the word 'Dominion', by Government of India (Commencement andTransitory Provisions) Order, 1936, paras. 3 and 11.
2.The words within brackets were omitted, by Government of India(Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
3.Sub-secs. (4) and (5) were omitted, by Government of India (Commencementand Transitory Provisions) Order, 1936, paras. 3 and 11.
GOVERNMENT OF INDIA ACT, 1935 [REPEALED]Chapter III - THE FEDERAL LEGISLATURE
Section 18 to 23 - General
Section 18 - Constitution of the Federal Legislature
1 [18. Constitution of the Federal Legislature
(1) There shall be a Federal Legislature which shall consist of His Majesty, represented by the Governor-General, and two Chambers, to be known respectively as the Council of State and the House of Assembly (in this Act referred to as "the Federal Assembly").
(2) The Council of State shall consist of one hundred and fifty-six represervatives of British India and not more than one hundred and four representatives of the Indian States, and the Federal Assembly shall consist of two hundred and fifty representatives of British India and not more than one hundred and twenty-five representatives of the Indian States.
(3) The said representatives shall be chosen in accordances with the provisions in that 'behalf contained in the First Schedule to this Act.
(4) The Council of State shall be a permanent body not subject to dissolution, but as near as may be one-third of the members thereof shall retire in every third year in accordance with the provisions in that behalf contained in the said First Schedule.
(5) Every Federal Assembly, unless sooner dissolved, shall continue for five years from the date appointed for their first meeting and no longer,and the expiration of the said period of five years shall operate as a disolution of the Assembly.
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1. Section 18 was substituted as follows, by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.-
"The powers of the Dominion Legislature under this Act shall, untilother provision is made by or in accordance with a law made by the ConstituentAssembly under sub-section (1) of section 6 of the Indian Independence Act,1947, be exercisable by that Assembly, and accordingly references in thisAct to the Dominion Legislature shall be construed as references to theConstituent Assembly."
Section 19 - Session of the Legislature, Prorogation and dissolution
(1) The 1 [Chambers of the Federal] Legislature shall be summoned to meet once at least in every year, and twelvemonths shall not intervene between their last sittingin one session and the date appointed for theirfirst silting in the next session.
(2) Subject to the provisions of this section, the Governor-General may in his discretion from time to time--
(a) summon the [Chambers or cither Chamber]1 to meet at such time and place as he thinks fit;
(b) prorogue the Chambers;
2 (c)dissolve the Federal Assembly.
3 (3) The Chambers shall be summoned to meet for their first session on a day not later than such day as may be specified in that behalf in His Majesty's Proclamation establishing the Federation.
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1. Substituted by the words 'Dominion Legislature", by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
2. Section 16 came into force on 1-4-1S37 under Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11
3. Clause (c) of sub-sec. (2) and sub-sec. (3) (3) were omitted, by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
Section 20 - Right of Governor-General to address, and send messages to Chambers
(1)The Governor-General may in his discretion address 1 [either Chamberof]2 the Federal Legislature 1 [or both Chambers assembledtogether], and for that purpose require the attendance of members.
(2) The Governor-General may 1 [inhis discretion] and messages to1 [either Chamber of] the Federal2 Legislature, whether with respect to aBill then pending in, the Legislature orotherwise, and 3 [a Chamber to whomany message is so sent] shall withall convenient dispatch consider anymatter which they are required by themessage to take into consideration.
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1.The words within brackets were omitted, by Government of India (Commencement andTransitory Provisions) Order, 1936, paras. 3 and 11.
2.Substituted by the word 'Dominion', by Government of India (Commencementand Transitory Provisions) Order, 1936, paras. 3 and 11.
3.Substituted by the words 'the Legislature', by Government of India(Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
Section 21 - Rights of ministers, counselors and Advocate-General as Respects Chambers
Everyminister 1 [every counsellor] and the Advocate-General shall have theright to speak in, and otherwise to take part in the proceedings of, 2 [eitherChamber, any joint sitting of the Chambers, and any committee of theLegislature] of which he may be named a member, but shall not by virtue of thissection be entitled to vote.
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1.The words within brackets were omitted, by Government of India(Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
2.Substituted by the words 'the Dominion Legislature or any committeethereof, Government of India (Commencement and Transitory Provisions) Order,1936, paras. 3 and 11.
Section 22 - Officers of Chambers
1 (1)The Council of State shall, as soon as may be, choose two members of the Councilto be respectively President and Deputy President thereof and, so often as theoffice of President or Deputy President becomes vacant, the Council shall chooseanother member to be President or Deputy President as the case may be.
1 (2)A member holding office as President or Deputy President of the Council of Stateshall vacate his office if he ceases to be a member of the Council, may at anytime resign his office by writing under his handaddressed to theGovernor-General, and may be removed from his officeby a resolution of theCouncil passed by a majority of all the then members of the Council; but noresolution for the purpose of this sub-sectionshall be moved unless at leastfourteen days' notice has been given of theintention to move the resolution.
1 (3)While the office of President is vacant, the duties of the officeshall beperformed by the Deputy President or, if the Office of DeputyPresident is alsovacant, by such member of the Council as the GovernorGeneral may in hisdiscretion appoint for the purpose, and during anyabsence of the President fromany sitting of the Council the Deputy Presidentor, if he is also absent, suchperson as may be determined by the rules ofprocedure of the Council, or, if nosuch person is present, such other personas may be determined by the Council,shall act as President.
(4)There shall be paid to the President2 [and the Deputy Presidentof theCouncil of State] such 3 [salaries] as may be 4 [respectively]fixed byAct of the Federal Legislature, and, until provision in that behalf isso madesuch salaries as the Governor-General may determine.
(5) The foregoing provisions of this sectionshall apply in relation to the Federal Assembly as they apply in relation to theCouncil of State with the substitution of the titles "Speaker" and"Deputy Speaker" for the titles "President" and "DeputyPresident" respectively, and with the substitution of references to theAssembly for references to the Council:
Providedthat, without prejudice to the provisions of sub-section (2)of this section asapplied by this sub-section, whenever the Assembly is dissolved, the Speakershall not vacate his office until immediately beforethe first meeting of theAssembly after the dissolution.
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1.Sub-secs. (1), (2), (3) and (5) of s. 22 were omitted, Government ofIndia (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
2.Substituted by the words 'of the Dominion Legislature', Government ofIndia (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
3.Substituted by the word 'salary', by Government of India (Commencementand Transitory Provisions) Order, 1936, paras. 3 and 11.
4.The word within brackets was omitted, by Government of India(Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
Section 23 - Voting in Chambers, Power of Chambers to Act Notwithstanding Vacancies, and Quorum
(1)Save as provided in the last preceding section, all questions at any sitting 1 [orjoint sitting of the Chambers] shall be determined by a majority of votes of themembers present and voting other than the President 2 [or Speaker] orperson acting as such
ThePresident 2 [or Speaker] or person acting as such shall not vote inthefirst instance, but shall have and exercise a casting vote in the case of;anequality of votes.
(2)3 [A Chamber of] the 4 [Federal] Legislature shall havepower to actnotwithstanding any vacancy in the membership thereof and anyproceedingsin the Legislature shall be valid notwithstanding that it isdiscovered subsequently that some person who was not entitled so to do sat orvoted orotherwise took part in the proceedings.
(3)If at any time during a meeting of 5 [a Chamber] less than one-sixthofthe total number of members of 5 [the Chamber] are present, it shallbe theduty of the President 3 [or Speaker] or person acting as sucheither to adjourn the Chamber, or to suspend the meeting until at leastone-sixth of themembers are present.
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1. Substituted by the words 'of the DominionLegislature' by Government of India (Commencement and Transitory Provisions)Order, 1936, paras. 3 and 11.
2.The word within brackets was omitted, by Government of India(Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
3.The words within brackets were omitted, by Government of India(Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
4.Substituted by the word 'Dominion', by Government of India (Commencementand Transitory Provisions) Order, 1936, paras. 3 and 11.
5. Substituted by the words 'the Legislature', Government of India(Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
Section 24 to 29 - Provisions as to Members of Legislature
Section 24 - Oath of Members
1 [24. Oath of Members
Every member of either Chamber shall, before taking his seat, make and subscribe before the Governor-General, or some person appointed by him, an oath according to that one of the forms set out in the Fourth Schedule to this Act which the member accepts as appropriate in his case.
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1. Sections 24-27 were omitted, by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
Section 25 - Vacation of Seats
1 [25. Vacation of Seats
(1) No person shall be a member of both Chambers, and rules made by the Governor-General exercising his individual judgment shall provide for the vacation by person who is chosen a member of both Chambers of his seat in one Chamber or the other.
(2) If a member of either Chamber --
(a) becomes, subject to any of the disqualifications mentioned in sub-section (1) of the next succeeding section, or
(b) by writing under his hand addressed to the Governor-General resigns his seat, his seat shall thereupon become vacant.
(3) If for sixty days a member of either Chamber is without permission of the Chamber absent from all meetings thereof, the Chamber maydeclare his seat vacant:
Provided that in computing the said period of sixty days no account shall be taken of any period during which the Chamber is prorogued, or is adjourned for more than four consecutive days.
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1. Sections. 24-27 were omitted, by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
Section 26 - Disqualifications for Membership
1 [26. Disqualifications for Membership
(1) A person shall be disqualified forbeing chosen as, and for being, a member of either Chamber--
(a) if he holds any office of profit under the Crown in India, other than an office declared by Act of the Federal Legislature not to disqualify its holder;
(b) if he is of unsound mind and stands so declared by a competent Court;
(c) if he is an undischarged insolvent;
(d) If, whether before or after the establishment of the Federation, he has been convicted, or has, in proceedings for questioning the validity or regularity of an election, been found to have been guilty, of any offence or corrupt or illegal practice relating to elections which has been declared by Order in Council or by an Act of the Federal Legislature to be an offence or practice entailing disqualification for membership of the Legislature, unless such period has elapsed as may be specified in that behalf by the provisions of that Order or Act;
(e) if, whether before or after the establishment of the Federation, he has been convicted of any other offence by a Court in British India or in a State which is a Federated State and sentenced totransportation or to imprisonment for not less than two years,unless a period of five years, or such less period as the Governor-General, acting in his discretion, may allow in anyparticular case, has elapsed since his release;
(f) if, having been nominated as a candidate for the Federal or any Provincial Legislature or having acted as an election agent of any person so nominated, he has failed to lodge a return of election expenses within the time and in the manner required by any Order in Council made under this Act or by any Act of the Federal or the Provincial Legislature, unless five years have elapsed from the date by which the return ought to have been lodged or the Governor-General, acting in his discretion, has removed the disqualification:
Provided that a disqualification under paragraph (f) of this sub-section shall not take effect until the expiration of one month from the date; by which the return ought to have been lodged or of such longer period as, the Governor-General, acting in his discretion, may in any particular case allow.
(2) A person shall not be capable of being chosen a member of either Chamber while he is serving a sentence of transportation or of imprisonment for a criminal offence.
(3) Where a person who, by virtue of a conviction or a conviction anda sentence, becomes disqualified by virtue of paragraph (d) or paragraph (e)of sub-section (1) of this section is at the date of the disqualification amember of the Legislature, his seat shall, notwithstanding, anything in thisor the last preceding section, not become vacant by reason of the disqualification until three months have elapsed from the date thereof or, if within those three months an appeal or petition for revision is brought in respect of the conviction or the sentence, until that appeal or petition is disposed of, but during any period during which his membership is preserved bythis sub-section he shall not sit or vote.
(4) For the purposes of this section a person shall not be deemed to holdan office of profit under the Crown in India by reason only that--
(a) he is a minister either for the Federation or for a Province: or
(b) while serving a State, he remains a member of one of the servicesof the Crown in India and retains all or any of his rights as such.
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1. Sections. 24-27 were omitted, by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
Section 27 - Penalty for Sitting and Voting when not Qualified, or when Disqualified
Ifa person sits or votes as a member of either Chamber when he is not qualified oris disqualified for membership thereof, or when he is prohibited from so doingby the provisions of sub-section (3) of the last preceding section, he shall beliable in respect of each day on which he so sits or votes to a penalty of fivehundred rupees to be recovered as a debt due to the [Federation].2
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1.Ss. 24-27 were omitted, by Government of India (Commencement andTransitory Provisions) Order, 1936, paras. 3 and 11.
2.Substituted by the word 'Dominion', by Government of India (Commencementand Transitory Provisions) Order, 1936, paras. 3 and 11.
Section 28 - Privileges &c.; of Members
(1) Subject to the provisions of this Act andto the rules and standing orders regulating the procedure of the [Federal]1 Legislature, there shall be freedom of speech in the Legislature, and no memberof the Legislature shall be liable to any proceedings in any Court in respect ofanything said or any vote given by him in the Legislature or any committeethereof, and no person shall be so liable in respect of the publication by orunder the authority of 2 [either Chamber of] the Legislature of anyreport, paper, votes or proceedings.
(2)In other respects, the privileges of members of the 2 [Chambers] shallbe such as may from time to time be defined by Act of the Federal Lagislatureand, until so defined, shall be such were immediately before the establishmentof the Federation enjoyed by members of the Indian Legislature.
3 (3)Nothing in any existing Indian Act, and, notwithstanding anything in theforegoing provisions of this section, nothing in this Act, shall be construed asconferring, or empowering the [Federal]1 Legislature to confer, oneither Chamber or on both Chambers sitting together, or on any committee orofficer of the Legislature, the status of the Court, or any punitive ordiscipliniary powers other than a power to remove or exclude persons infringingthe rules or standing orders, or otherwise behaving in a disorderly manner.
(4) Provision may be made by an Act of the[Federal] Legislature for the punishment, on conviction before a Court, ofpersons who refuse to give evidence or produce documents before a committee of aChamber when duly required by the chairman of the committee so to do:
Provided that any such Act shall have effectsubject to such rules for regulating the attendance before such committees ofpersons who are, or have been, in the service of the Crown in India, andsafeguarding confidential matter from disclosure, as may be made by theGovernor-General exercising his individual judgment.
(5)The provisions of sub-sections (1) and (2) of this section shall apply inrelation to persons who by virtue of this Act have the right to speak in, andotherwise take part in the proceedings of, 4 [a Chamber] as they applyin relation to members of the Legislature.
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1.Substituted by the word 'Dominion', by Government of India (Commencementand Transitory Provisions) Order, 1936, paras. 3 and 11.
2.The wordswithin brackets were omitted, by Government of India (Commencement andTransitory Provisions) Order, 1936, paras. 3 and 11.
3.Sub-secs. (S) and (4) of s. 28 were omitted, by Government of India(Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
4.Substituted by the words 'the Legislature", by Government of India(Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
Section 29 - Salaries and Allowances of Members
1 Members of [either Chamber] shall be entitled to receive such salaries and allowances as may from time to time be determined by Act of the [Federal Legislature] and, until provision in that respect is so made allowances at such rates and upon such conditions as were immediately before the date of the establishment of the [Federation]2 applicable in the case of members of the Legislative Assembly of the Indian Legislature.
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1. Substituted by the words 'Dominion Legislature', by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
2. Substituted by the words 'Dominion', by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
Section 30 to 32 - Legislative Procedure
Section 30 - Provisions as to Introduction and Passing of Bills
1 [30. Provisions as to Introduction and Passing of Bills
(1) Subject to the special provisions of this Act with respect to financial Bills, a Bill may originate in either Chamber.
(2) Subject to the provisions of the next succeeding section, a Bill shall not be deemed to have been passed by the Chambers of the Legislature unless it has been agreed to by both Chambers, either without amendment or with such amendments only as are agreed to by both Chambers.
(3) A Bill pending in the Legislature shall not lapse by reason of the prorogation of the Chambers.
(4) A Bill pending in the Council of State which has not been passed by the Federal Assembly shall not lapse on a dissolution of the Assembly.
(5) A Bill which is pending in the Federal Assembly or which havingbeen passed by the Federal Assembly is pending in the Council of State,shall, subject to the provisions of the next succeeding section, lapse on a,dissolution of the Assembly.
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1. Section 30 was substituted, by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11. as follows--
"(1) A Bill pending in the Dominion Legislature shall not lapse by reason of the prorogation of the Legislature.
(2) A Bill which, immediately before the establishment of the Dominion, was pending in' the Legislative Assembly of the Indian Legislature may, subject to any provision to the contrary which may be included in rules made by the Dominion Legislature under section 38 of this Act, be continued in the Dominion Legislature as if the proceedings taken with reference to the Bill in the said Legislative Assembly had been taken in the Dominion Legislature."
Section 31 - Joint Sitting Both Chambers in Certain Cases
1 [31. Joint Sitting Both Chambers in Certain Cases
(1) If after a .Bill has been passed by one Chamber and transmitted to the other; Chamber--
(a) the Bill is rejected by the other Chamber; or
(b) the Chambers have finally disagreed as to the amendments to be made in the Bill; or
(c) more than six months elapse from the date of the reception of the Bill by the other Chamber without the Bill being presented
to the Governor-General for his assent, the Governor-General may, unless the Bill has lapsed by reason of a dissolution of the Assembly, notify to the Chambers, by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill:
Provided that, if it appears to the Governor-General that the Bill relatesto finance or to any matter which affects the discharge of his functionsin so far as he is by or under this Act required to act in his discretion or toexercise his individual judgment, he may so notify the Chambers notwithstanding that there has been no rejection of or final disagreement as to theBill notwithstanding that the said period of six months has not elapsed, ifhe is satisfied that there is no reasonable prospect of the Bill being presentedto him for his assent without undue delay.
In reckoning any such period of six months as is referred to in thissub-section, no account shall be taken of any time during which the Legislature is prorogued or during which both Chambers are adjourned for morethan four days.
(2) Where the Governor-General has notified his intention of summoning the Chambers to meet in a joint sitting, neither Chamber shall proceedfurther with the Bill, but the Governor-General may at any time in thenext section after the expiration of six months from the date of his notification summon the Chambers to meet in a joint sitting for the purposespecified in his notification and, if he does so, the Chambers shall meet accordingly:
Provided that, if it appears to the Governor-General that the Bill is such a Bill as is mentioned in the proviso to sub-section (1) of this, section, he may summon the Chambers to meet in a joint sitting for the purpose aforesaid at any date, whether in the same session or in the next session.
(3) The functions of the Governor-General under the provisos to the two last preceding sub-sections shall be exercised by him in his discretion.
(4) If at the joint sitting of the two Chambers the Bill, with such amendments, if any, as are agreed to in joint sitting, is passed by a majority of the total number of members of both Chambers present and voting, it shall be deemed for the purposes of this Act to have been passed by both Chambers:
Provided that at a joint sitting--
(a) if the Bill, having been passed by one Chamber, has not been passed by the other Chamber with amendments and returned to the Chamber in which it originated, no amendment shall be proposed to the Bill other than such amendments (if any) as are made necessary by the delay in the passage of the Bill ;
(b) if the Bill has been so passed and returned, only such amendments as aforesaid shall be proposed to the Bill and such other amendments as are relevant to the matters with respect to which the Chambers have not agreed,
and the decision of the person presiding as to the amendments which are admissible under this sub-section shall be final.
(5) A joint sitting may be held under this section and a Bill passed thereat notwithstanding that a dissolution of the Assembly has intervened since the Governor-General notified his intention to summon the Chambers to meet therein.
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1. Section 31 was omitted, by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
Section 32 - Assent to Bills and Power of Crown to disallow Acts
(1) When a Bill has been passed by the1 [Chambers,] it shall be presented to the Governor-General, and the Governor-General shall in his discretion declare either that he assents in His Majesty's name to the Bill, or that he withholds assent therefrom,2 [or thathe reserves the Bill for the signification of His Majesty's pleasure.]
Provided that the Governor-General may in his discretion return the Bill to the Chambers with a message requesting that they will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and the Chambers shall reconsider the Bill accordingly.
3 (2) A Bill reserved for the signification of His Majesty's pleasure shall rot become an Act of the Federal Legislature unless and until, within twelve Months from the day on which it was presented to the Governor-General, the Governor-General makes known by public notification that His Majesty has assented thereto.
3 (3) Any Act assented to by the Governor-General may be disallowed by His Majesty within twelve months from the day of the Governor-General's assent, and where any Act is so disallowed the Governor-General shall forthwith make the disallowance known by public notification, and as from the date of the notification the Act shall become void.
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1. Substituted by the words 'Dominion Legislature', by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
2. The words within brackets were omitted, by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
3. Sub-secs. (2) and (3) of Section 32 were omitted, by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
Section 33 to 37 - Procedure in Financial matters
Section 33 - Annual Financial Statement
(1)TheGovernor-General shall in respect of every financial year cause to be laidbefore 1 [both Chambers] of the Federal Legislature a statement of theestimated receipts and expenditure of the Federation for that year, in this Partof this Act referred to as the "annual financial statement".
(2)The estimates of expenditure embodied in the annual financial statement shallshow separately-
thesums required to meet expenditure described by this Act as expenditure chargedupon the revenues of the Federation; and thesums required to meet expenditure proposed to be made from the revenues of theFederation, andshall distinguish expenditure on revenue account from other expenditure, [andindicate the sums, if any, which are included solely because theGovernor-General has directed their inclusion as being necessary for the duedischarge of any of his special responsibilities.]
(3)The following expenditure shall be expenditure charged on the revenues of theFederation:--
thesalary and allowances of the Governor-General and other expenditure relating tohis office for which provision is required to be made by Order in Council] ;
debtcharges for which the Federation is liable, including interest sinking fundcharges and redemption charges, and other expenditure relating to the raising ofloans and the service and redemption of debt:
I2 thesalaries and allowances of ministers, 3 [of ounselors, of thefinancial adviser], of the advocate-general, of chief commissioners 3 [andof the staff of the financial adviser];
thesalaries, allowances and pensions payable to or in respect of judges of theFederal Court, and the pensions payable to or in respect of judges of any HighCourt;
4 (e)expenditure for the purpose of the discharge by the Governo-General ofhis functions with respect to defence and ecclesiasticalaffairs, his functionswith respect to external affairs in so far ashe is by or under this Act requiredin the exercise thereof to actin his discretion, his functions in or in relationto tribal areas;and his functions in relation to the administration of anyterritory;in the direction and control of which he is under this Act;required toact in his discretion: provided that the sum socharged in any year in respect ofexpenditure on ecclesiasticalaffairs shall not exceed forty-two lakhs of rupees,exclusive ofpension charges;
4 (f)the sums payable to His Majesty under this Act out of therevenues of theFederation in respect of the expenses incurredin discharging the functions ofthe Crown in its relations withIndian States;
4 (g)any grants for purpose connected with the administration of any.areas ina Province which are for the time being excluded areas;
anysums required to satisfy any judgment, decree or award of any Court or arbitraltribunal;
anyother expenditure declared by this Act or any Act of the Federal Legislature tobe so charged.
4 (4)Any question whether any proposed expenditure falls within aclass of expenditurecharged on the revenues of the Federation shall bedecided by theGovernor-General in his discretion.
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1.Substituted by the words 'the Legislature', Government of India (Commencementand Transitory Provisions) Order, 1936, paras. 3 and 11.
2.This cl. in so far as it relates to the Advocate-General cane into forceon 1-4-1937, under Government of India (Commencement and Transitory Provisions)Order, 1936, paras. 3 and 11.
3.The words within brackets were omitted, by Government of India(Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
4.Cls. (e), (f) and (g.) of sub-sec. (3) and sub-sec. (4) were omitted, byGovernment of India (Commencement and Transitory Provisions) Order, 1936, paras.3 and 11.
Section 34 - Procedure in Legislature with respect to estimates
(1) So much of the estimate of expenditure as relates to expenditure charged upon the revenues of the Federation shall not be submitted to the vote of the Legislature, but nothing in this sub-section shall be construed, as preventing the discussion in 1 [either Chamber of] the Legislature of any of those estimates other than estimates relating to expenditure referred to in paragraph (a) 1 [or paragraph (f) ] of sub-section (3) of the preceding section.
(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the 2 [Federal Assembly and thereafter to the Council of State, and either Chamber] shall have power to assent or to refuse to assent to any demand, or to assent to any demand subject to a reduction of the amount specified therein:
3 Provided that, where the Assembly have refused to assent to any demand, that demand shall not be submitted to the Council of State, unless the Governor-General so directs and, where the Assembly have assented to a demand subject to a reduction of the amount specified therein, a demand for the reduced amount only shall be submitted to the Council of State, unless the Governor-General otherwise directs; and where, in either of the said cases, such a direction is given, the demand submitted to the Council of State shall be for such amount, not being a greater amount than that originally demanded, as may be specified in the direction.
(3) If the Chambers differ with respect to any demand the Governor-General shall summon the two Chambers to meet in a joint sitting for the purpose of deliberating and voting on the demand as to which they disagree, and the decision of the majority of the members of both Chambers present and voting shall be deemed to be the decision of the two Chambers.
(4) No demand for a grant shall be made except on the recommendation of the Governor-General.
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1. The words within brackets were omitted, by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
2. Substituted by the words 'Dominion Legislature', by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
3. The Proviso to sub-sec. (2) and sub-sec. (3) of section 34 were omitted, by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
Section 35 - Authentication of Schedule of Authorised Expenditure
(1) The Governor-General shall authenticate by his signature a schedule specifying--
(a) the grants made by the 1 [Chambers] under the last preceding section;
(b) the several sums required to meet the expenditure charged on the revenues of the Federation but not exceeding, in the case of any sum, the sum shown in the statement previously laid before the Legislature:
2 Provided that, if the Chambers have not assented to any demand for a giant or have assented subject to a reduction of the amount specified therein, the Governor-General may, if in his opinion the refusal or reduction would affect the due discharge of any of his special responsibilities, include in the schedule such additional amount, if any, not exceeding the amount of the rejected demand or the reduction, as the case may be, as appears to him necessary in order to enable him to discharge that responsibility.
(2) The schedule so authenticated shall be laid before 1 [both Chambers] but shall not be open to discussion or vote therein.
(3) Subject to the provisions of the next succeding section, no expenditure from the revenues of the [Federation]3 shall be deemed to be duly authorised unless it is specified in the schedule so authenticated.4
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1. Substituted by the word 'Legislature', by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
2. The Proviso to section 35 was omitted, by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
3. Substituted by the word 'Dominion', by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
4.The following Proviso was added to sub-sec. (3) of section 35--
Provided that expenditure from the said revenues during the periodbeginning with the 15th day of August 1947 and ending with the 31st day ofMarch 1946 may be authorised or ratified by general or special order of the Governor-General.
Section 36 - Supplementary Statements of Expenditure
If in respect of any financial year furtherexpenditure from the revenues of the Federation becomes necessary over and abovethe expenditure herefore authorised for that year, the Governor-General shallcause to be laid before 1 [both Chambers of] the [Federal]2 Legislature a supplementarystatement showing the estimated amount of thatexpenditure, and the provisions of the preceding sections shall have effect inrelation to that statementand that expenditure as they have effect in relationto the annual financial statement and expenditure mentioned therein.
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1.The words within brackets were omitted, by Government of India(Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
2.Substituted by the word 'Dominion', by Government of India (Commencementand Transitory Provisions) Order, 1936, paras. 3 and 11.
Section 37 - Special Provisions as to Financial Bills
(1)A Bill or amendment making provision--
(a)for imposing or increasing any tax; or
(b)for regulating the borrowing of money or the giving of any guarantee bythe Federal 1 Government, or for amending the law with respect to anyfinancial obligations undertaken or to be undertaken by the Federal 1 Government;or
(c)for declaring any expenditure to be expenditure charged on the revenuesof the Federation, or for increasing the amount of any such expenditure, shallnot be introduced or moved except on the recommendation of the Governor-General,2 [and a Bill making such provision shall not be introduced in theCouncil of State.]
(2) A Bill or amendment shall not be deemed tomake provision for any of the purposes aforesaid by reason only that it providesfor the imposition of fines or other pecuniary penalties, or for the demand orpayment of fees for licences or fees for services rendered.
(3)A Bill which, if enacted and brought into operation, would involve expenditurefrom the revenues of the [Federation]1 shall not be passed by 3 [eitherChamber] unless the Governor-General has recommended to 4 [thatChamber the consideration of the Bill.]
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1.Substituted by the word 'Dominion', by Government of India (Commencementand Transitory Provisions) Order, 1936, paras. 3 and 11.
2.The words within brackets were omitted, by Government of India(Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
3.Substituted by the words 'the Dominion Legislature', by Government ofIndia (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
4.Substituted by the words 'the Legislature', by Government of India(Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
Section 38 to 41 - Procedure generally
Section 38 - Rules of Procedure
(1) 1 [Each Chamber of] the [Federal]2 Legislature may make rules for regulating, subject to the provisions of this Act, their procedure and the conduct of their business :
1 [Provided that as regards each Chamber the Governor-General shall in his direction, after consultation with the President or the Speaker, as the case may be, make rules--
(a) for regulating the procedure of, and the conduct of business in, the Chamber in relation to any matter which affects the discharge of his functions in so far as he is by or under this Act required to act in his discretion or to exercise his individual judgment;
(b) for securing the timely completion of financial business;
(c) for prohibiting the discussion of, or the asking of question on, any matter connected with any Indian State, other than a matter with respect to which the Federal Legislature has power to make laws for that State, unless the Governor-General in his discretion is satisfied that the matter affects Federal interests or affects a British subject, and has given his consent to the matter being discussed or the question being asked;
(d) for prohibiting, save with the consent of the Governor-General in his discretion,--
(i) the discussion of, or the asking of questions on, any matter connected with relations between His Majesty or the Governor-General and any foreign State or Prince; or
(ii) the discussion, except in relation to estimates of expenditure, of, or the asking of questions on, any matter connected with the tribal areas or the administration of any excluded area; or
(ii) the discussion of, or the asking of questions on, any action taken in his discretion by the Governor-General in relation to the affairs of a Province; or
(iv) the discussion of, or the asking of questions on, the personal conduct of the Ruler of any Indian State, or of a member of the ruling family thereof; and, if and in so far as any rule so made by the Governor-General is inconsistent with any rule made by a Chamber, the rule made by the Governor-General shall prevail.]
3 [(2) The Governor-General, after consultation with the President of the Council of State and the Speaker of the Legislative Assembly, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Chambers.
The said rules shall make such provision for the purposes specified in the proviso to the preceding sub-section as the Governor-General in his discretion may think fit.
(3) Until rules are made under this section, the rules of procedure and standing orders in force immediately before the establishment of the Federation with respect to4 the Indian Legislature shall have effect in relation to the Federal Legislature subject to such modifications and adaptations as may be made therein by the 5 [Governor-General in his discretion].
3 [(4) At a joint sitting of the two Chambers the President of the Council of State, or in his absence such person as may be determined by rules of procedure made under this section, shall preside.
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1. The words within brackets were omitted, by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
2. Substituted by the word 'Dominion', by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
3. Sub-secs. (2) and (4) of s. 38 were omitted, by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
4. The words 'the Legislative Assembly of were inserted, by Government of India (Commencement and Transitory Provisions) Order, 1936 paras. 3 and 11
5. The words 'President of that Legislature' were substituted, by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
Section 39 - English to be used in the Federal Legislature
1 [39.English to be used in the Federal Legislature
Allproceedings in the Federal Legislature shall be conducted in the Englishlanguage:
Providedthat the rules of procedure of each Chamber and the rules with respect to jointsittings shall provide for enabling persons unacquainted,or not sufficientlyacquainted, with the English language to use another language.
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1.Omitted, by Government of India (Commencement and Transitory Provisions)Order, 1936, paras. 3 and 11.
Section 40 - Restrictions on Discussion in the Legislature
(1)No discussion shall take place in the Federal Legislature with respect to theconduct of any judge of the Federal Court or a High Court in the discharge ofhis duties.
Inthis sub-section the reference to a High Court shall be construed as including areference to any court in a Federated State which is a High Court for any of thepurposes of Part IX of this Act.
1 (2)If the Governor-General in his discretion certifies that the discussion of aBill introduced or proposed to be introduced in the Federal Legislature, or ofany specified clause of a Bill, or of any amendment moved or proposed to bemoved to a Bill, would affect the discharge of his special responsibility forthe prevention of any grave menace to the peace on tranquillity of India or anypart thereof, he may in his discretion direct that no proceedings, or no furtherproceedings, shall be taken in relation to the Bill, clause or amendment, andeffect shall be given to the direction.
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1.Omitted, by Government of India (Commencement and Transitory Provisions)Order, 1936, paras. 3 and 11.
Section 41 - Courts not to Inquire into Proceedings of the Legislature
(1) The validity of any proceedings in the Federal Legislature shall not be called in question on the ground of any alleged irregularity of procedure.
(2) No officer or other member of the Legislature in whom powers are vested by or under this Act for regulating procedure or the conduct of business, or for maintaining order, in the Legislature shall be subject to the jurisdiction of any Court in respect of the exercise by him of those powers.
GOVERNMENT OF INDIA ACT, 1935 [REPEALED]Chapter IV - LEGISLATIVE POWERS OF GOVERNOR-GENERAL
Section 42 - Power of Governor-General to Promulgate Ordinances during recess of Legislature
1 [42.Power of Governor-General to Promulgate Ordinances during recess of Legislature
(1)If at any time when the Federal Legislature is not in sessiontheGovernor-General is satisfied that circumstances exist which render it necessaryfor him to takeimmediate action, he may promulgate suchordinances as thecircumstances appear to him torequire:
Providedthat the Governor-General--
(a)shall exercise his individual judgment as respects the promulgation ofany ordinance under this section if a Bill containing the same provisions wouldunder this Act have required his previous sanction to the introduction thereofinto the Legislature; and
(b)shall not, without instructions from His Majesty, promulgate any suchordinance if he would have deemed it necessary to reserve a Bill containing thesame provisions for the signification of His Majesty's pleasure thereon.
(2)An ordinance promulgated under this section shall have the same force and effectas an Act of the Federal Legislature assented to by the Governor-General, butevery such ordinance--
(a)shall be laid before the Federal Legislature and shall cease tooperate atthe expiration of six weeks from the reassembly of theLegislature, or, if beforethe expiration of that period resolutions disapproving it are passed by bothChambers, upon the passingof the second of those resolutions:
(b)shall be subject to the provisions of this Act relating to the power ofHis Majesty to disallow Acts as if it were an Act of the Federal Legislatureassented to by the Governor-General; and
(c)may be withdrawn at any time by the Governor-General.
(3)If and so far as an ordinance under this section makes any provision which theFederal Legislature would not under this Act be competent to enact, it shall bevoid.
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1.For s. 42, the following was substituted, by Government of India(Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.--
"The Governor-General may, in cases of emergency, make and promulgateOrdinances for the peace and good government of the Dominion or any part thereof, and any Ordinance so made shall, for the space of not more than six monthsfrom its promulgation have the like force of law as an Act passedby the DominionLegislature) but the power of making Ordinances under thissection is subject tothe like restrictions as the power of the Dominion Legislature under this Act tomake laws; and any Ordinance made under this section may be controlled orsuperseded by any such Act."
Section 43 - Power of Governor-General to Promulgate Ordinances at any Time with Respect to Certain Subjects
1 [43. Power of Governor-General to Promulgate Ordinances at any Time with Respect to Certain Subjects
(1) If at any time the Governor-General is satisfied that circumstances exist which render it necessary for him to take immediate action for the purpose of enabling him satisfactorily to discharge his functions in so far as he is by or under this Act required in the exercise thereof to act in his discretion or toexercise his, individual judgment, he may promulgate such ordinance as in hisopinion the circumstances of the case require.
(2) An ordinance promulgated under this section shall continue in operation for such period not exceeding six months as may be specified therein, but may be a subsequent ordinance be extended for a further period not exceeding six months.
(3) An ordinance promulgated under this section shall have the same force and effect as an Act of the Federal Legislature assented to by the Governor-General, but every such ordinance--
(a) shall be subject to the provisions of this Act relating to the power of His Majesty to disallow Acts as if it were an Act of the Federal Legislature assented to by the Governor-General;
(b) may be withdrawn at any time by the Governor-General; and
(c) if it is an ordinance extending a previous ordinance for a further period, shall be communicated forthwith to the Secretary of State and shall be laid by him before each House of Parliament.
(4) If and so far as an ordinance under this section makes any provision which the Federal Legislature would not under this Act be competent to enact, it shall be void:
(5) The functions of the Governor-General under this section shall be exercised by him in his discretion.
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1. Omitted, by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.
Section 44 - Power of Governor-General in Certain Circumstances to Enact Acts
1 [44.Power of Governor-General in Certain Circumstances to Enact Acts
(1)If at any time it appears to the Governor-General that, for the purpose ofenabling him satisfactorily to discharge his functions in so far as he is byor under this Act required in the exercise thereof to act in his discretion orto exercise his individual judgment, it is essential that provision should bemade by legislation, he may by message to both of the Legislature explain thecircumstances which in his opinion render legislation essential, and either--
(a)enact forthwith, as a Governor-General's Act, a Bill containing suchprovisions as he considers necessary; or
(b)attach to his message a draft of the Bill which he considers necessary.
(2)Where the Governor-General takes such action as is mentioned in: paragraph (6)of the preceding sub-section, he may at any time after the expiration of onemonth enact, as a Governor-General's Act, the Bill proposed by him to theChambers either in the form of the draft communicated to them or with suchamendments as he deems necessary, but before so doing he shall consider anyaddress which may have been presented to him within the said period by eitherChamber with reference to the Bill or to amendments suggested to be madetherein.
(3)A Governor-General's Act shall have the same force and effect, and shall besubject to disallowance in the same manner, as an Act of the Federal Legislatureassented to by the Governor-General and, if and in so far as aGovernor-General's Act makes any provision which the Federal legislature wouldnot under this Act be competent to enact, it shall be void.
(4)Every Governor-General's Act shall be communicated forth with to the Secretaryof State and shall be laid by him before each House of Parliament.
(5)The functions of the Governor-General under this section shall be exercised byhim in his discretion.
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1.Omitted, by Government of India (Commencement and Transitory Provisions)Order, 1936, paras. 3 and 11.
GOVERNMENT OF INDIA ACT, 1935 [REPEALED]Chapter V - PROVISIONS IN CASE OF FAILURE OF CONSTITUTIONAL MACHINERY
Section 45 - Power of Governor-General to issue Proclamations
1 [45.Power of Governor-General to issue Proclamations
(1)If at any time the Governor-General is satisfied that a situation has arisenin which the government of the Federation cannot be carried on in accordancewith the provisions of this Act, he may by Proclamation--
(a)declare that his functions shall be such extent as may be specified, inthe Proclamation be exercised by him in his discretion;
(b)assume to himself all or any of the powers vested in or exercisable byany Federal body or authority,
andany such Proclamation may contain such incidental and consequential provisionsas may appear to him to be necessary or desirable for giving effect to theobjects of the Proclamation, including provisions for suspending in whole or inpart the operation of any provisions of this Act relating to any Federal body orauthority:
Providedthat nothing in this sub-section shall authorise the Governor-General to assumeto himself any of the powers vested in or exercisable by the Federal Court or tosuspend, either in whole or in part, the operation of any provision of this Actrelating to the Federal Court.
(2)Any such Proclamation may be revoked or varied by a subsequent Proclamation.
(3)A Proclamation issued under this section--
(a)shall be communicated forthwith to the Secretary of State andshall belaid by him before each House of Parliament;
(b)unless it is a Proclamation revoking a previous Proclamation, shall ceaseto operate at the expiration of six months:
Providedthat, if and so often as a resolution approving the continuancein force of sucha Proclamation is passed by both Houses of Parliament.the Proclamation shall,unless revoked, continue in force for a further periodof twelve months from thedate on which under this sub-section it wouldotherwise have ceased to operate.
(4) If at any time the government of theFederation has for a continuous period of three years been carried on under andby virtue of a Proclamation issued under this section, then, at the expirationof that period, theProclamation shall cease to have effect and the government ofthe Federationshall be carried on in accordance with the other provisions ofthis Act,subject to any amendment thereof which Parliament may deem itnecessaryto make, but nothing in this sub-section shall be construed asextending thepower of Parliament to make amendments in this Act withoutaffecting theaccession of a State.
(5)If the Governor-General, by a Proclamation under this section, assumes tohimself any power of the Federal Legislature to make laws, made by him in theexercise of that power shall, subject to the terms thereof, continue to haveeffect until two years have elapsed from the date on which me Proclamationceases to have effect, unless sooner repealed or re-enacted by Act of theappropriate Legislature, and any reference in this Act to Federal Acts, Federallaws, or Acts or laws of the Federal Legislature shall construed as including areference to such a law.
(6)The functions of the Governor-General under this section shall be exercised byhim in his discretion.
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1.Omitted, by Government of India (Commencement and Transitory Provisions)Order, 1936, paras. 3 and 11.