India -- History -- British occupation, 1765-1947; India -- Politics and government -- 1765-1947
III. Legislative procedure: "Let us now explain how this
legislative machinery will work. It will make for clearness to
deal separately with Government Bills and Bills introduced by
non-official members. A Government Bill will ordinarily be
introduced and carried through all the usual stages in the
Legislative Assembly. It will then go in the ordinary course to
the Council of State, and if there amended in any way which the
Assembly is not willing to accept, it will be submitted to a joint
session of both Houses, by whose decision its ultimate fate will
be decided. This will be the ordinary course of legislation. But
it might well happen that amendments made by the Council of State
were such as to be essential in the view of the Government if the
purpose with which the Bill was originally introduced was to be
achieved, and in this case the Governor General in Council would
certify that the amendments were essential to the interests of
peace, order, or good government. The assembly would then not have
power to reject or modify these amendments, nor would they be open
to revision in a joint session.
"We have to provide for two other possibilities. Cases may occur
in which the Legislative Assembly refuses leave to the
introduction of a Bill or throws out a Bill which the Government
regarded as necessary. For such a contingency we would provide
that if leave to introduce a Government Bill is refused, or if the
Bill is thrown out at any stage, the Government should have the
power, on the certificate of the Governor General in Council that
the Bill is essential to the interests of peace, order, or good
government, to refer it _de novo_ to the Council of State; and if
the Bill, after being taken in all its stages through the Council
of State, was passed by that body, it would become law without
further reference to the Assembly. Further, there may be cases
when the consideration of a measure by both chambers would take
too long if the emergency which called for the measure is to be
met. Such a contingency should rarely arise; but we advise that in
cases of emergency, so certified by the Governor General in
Council, it should be open to the Government to introduce a Bill
in the Council of State, and upon its being passed there merely to
report it to the Assembly."
Public-domain text, read in full here on John Shaqi.
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