5 (ii) The order and conduct of its business and A.D. 1927. (iii) The issue of writs for vacancies. (iv) The vacation of seats and resignation of (v) Any other matter necessary for the conduct of 41.-(a) Parliament shall have power to make laws Powers of 10 for the peace, order and good government of the Common- Parliament. wealth in respect of the subjects specified in the Third Schedule hereof and in respect of all subjects not specifically assigned to Provincial Legislatures. Provided that until such time as Parliament shall, in 15 pursuance of the recommendation of the Defence Committee, by a Resolution of both Houses, assume control over the naval, military and air forces of the Commonwealth, it shall have no power to make any law with regard thereto, without the previous approval of the 20 Viceroy. (b) The Powers of Parliament with respect to Foreign Affairs (not including the Indian States) shall be the same as those exercised by the other Self-Governing Dominions. 25 42. (a) Any Bill which appropriates revenue or Appropriamoneys for the ordinary annual services of the Govern- tion and ment shall deal only with such appropriations. Tax Bills. (b) Bills imposing taxation shall deal only with the imposition of taxes, and any provision therein dealing 30 with any other matter shall be of no effect. 35 (c) Bills for the appropriation of revenues or moneys or for imposing taxation shall be introduced only by a member of the Executive Council and can only originate in the Legislative Assembly. 43. No Bill shall become law until it has been Parliament's passed by both Houses of Parliament, without any assent to amendments or with such amendments as may be agreed to by them. Bills. 44. If the Legislative Assembly passes any Bill Disagree40 and the Senate rejects or fails to pass it, or passes it ment with amendments to which the Legislative Assembly between the two Houses. A.D. 1927. will not agree, the Viceroy shall, during that session, convene a joint sitting of the members of the Senate and of the Legislatve Assembly. The members present at any such joint sitting may deliberate and shall vote together upon the Bill as last proposed by the Legislative 5 Assembly and upon amendments, if any, which have been made therein by one House of Parliament and not agreed to by the other; and any such amendments which are affirmed by a majority of the total number of members of the Senate and the Legislative Assembly 10 present at such sitting shall be taken to have been carried, and if the Bill with the amendments, if any, is affirmed by a majority of the members of the Senate and the Legislative Assembly present at such sitting, it shall be taken to have been duly passed by both 15 Houses of Parliament. Royal Executive power. The Executive 45. So soon as any Bill shall have been passed or deemed to have been passed by both Houses, the Executive Council shall present the same to the Viceroy for the signification by him, in the King's name, of the 20 King's assent. CHAPTER II. THE EXECUTIVE GOVERNMENT. 46. (a) The Executive Power of the Commonwealth is vested in the King and is exerciseable by the Viceroy, 25 as the King's representative, acting on the advice of the Executive Council subject to the provisions of this Act, and extends to the execution and maintenance of this Act and of the Laws of the Commonwealth. (b) Subject to the provisions of this Act the Viceroy, 30 acting on the advice of the Executive Council shall have and perform all executive powers and duties relating to the Government or Revenues of India which have been transferred to the Parliament and Government of India as provided in section five hereof. 47.-(a) There shall be an Executive Council consisting of the Prime Minister and not less than seven Ministers for the Commonwealth. 35 (b) The Prime Minister shall be appointed by the Viceroy, and the Ministers shall also be appointed by 40 him, on the advice of the Prime Minister. 5 (c) The Executive Council shall be collectively A.D. 1927. responsible for all matters concerning the Departments of the Commonwealth administered by members of the Executive Council. 48. No Minister of State shall hold office for a period Ministers of longer than three months, unless he is or becomes a mem- State to ber of one of the Houses of Parliament: Provided however that a Minister of State, appointed at the coming into operation of this Act may hold office 10 for a period not longer than six months without becoming a member of one of the Houses of Parliament. sit in Parliament. 49. If a vote of no confidence in the Executive Vote of no Council shall have been carried in the Legislative the Legislative confidence. Assembly, the Prime Minister shall advise the Viceroy 15 to dissolve the Legislative Assembly or the Executive Council shall retire from office. In either case the Ministers shall continue to carry on their duties until their successors shall have been appointed. 50. An annual sum shall be payable to the King Salaries of 20 out of the Consolidated Revenue Fund of the Common- Ministers of wealth for the salaries of the Ministers of State. State. missioner. 51. There shall be a High Commissioner for India Appointin the United Kingdom appointed by the Viceroy, ment of a on the advice of the Executive Council for the perform- High Com25 ance of such duties as may be assigned to him, who shall be paid such salary out of moneys provided by Parliament as Parliament may determine. of other mem 52. Until Parliament otherwise provides, the ap- Appointment pointment and removal of all other officers of the bers of the 30 Executive Government of the Commonwealth shall be Government. vested in the Executive Council. 35 53. The command-in-chief of the military, naval Command and air forces of the Commonwealth is vested in the of military, Viceroy, as the King's representative. naval and air forces. 54. Until an arrangement has been made between Naval the British and Commonwealth Governments whereby defence. the Commonwealth undertakes her own coastal defence, the defence by sea of the Commonwealth shall be undertaken by His Majesty's Imperial forces but this shall 40 not prevent the construction or maintenance by the Commonwealth Government of such facilities as are A.D. 1927. necessary for the protection of the Revenue or the Fisheries. Judicial power and courts. Judges' appointments, tenure and remunera tion. The foregoing provision of this section shall be reviewed at a conference of representatives of the British and Commonwealth Governments to be held at 5 the expiration of five years from the date hereof with a view to the undertaking by the Commonwealth of a share in her own coastal defence. The Government of the Commonwealth shall afford to His Majesty's Imperial Forces : (a) In time of peace such harbour and other facilities as may from time to time be agreed between the British Government and the Commonwealth Government; and 10 (b) In time of war or of strained relations with a 15 The ports of Great Britain and the Commonwealth shall be freely open to the ships of the other country on 20 payment of the customary port and other dues. CHAPTER III. THE JUDICATURE. 55. There shall be a Supreme Court which shall exercise such jurisdiction as Parliament shall determine. 25 The Supreme Court shall consist of a Chief Justice, and so many other Justices, not less than two, as Parliament prescribes. 56. The Justices of the Supreme Court and of the High Courts created or continued under this Act 30 (i) shall be appointed by the King; (ii) shall not be removed except by the King on an address from both Houses of Parliament in the same session, praying for such removal, on the ground of proved misbehaviour or incapacity; 35 (iii) shall receive such remuneration and pensions as Parliament may fix; but the remuneration of a Justice shall not be diminished during his continuance in office, and shall not be less than that of any member of the Cabinet. 40 5 10 15 jurisdiction 57. The Supreme Court shall have jurisdiction with A.D. 1927. such exceptions and subject to such regulations as Parliament prescribes, to hear and determine appeals Appellate from all judgments, decrees, orders and sentences— of the (i) of any Justice or Justices exercising the original Supreme jurisdiction of the Supreme Court; (ii) of the High Court of any Province, or of any The judgment of the Supreme Court in all such cases But no exception or regulation prescribed by Parliament shall prevent the Supreme Court from hearing and determining any appeal from the High Court of a Province in any matter in which, at the establishment of the Commonwealth, an appeal lies from such High Court to 20 the King in Council. 25 Until Parliament otherwise provides, the conditions of and restrictions on appeals to the King in Council from the High Courts of the several Provinces shall be applicable to appeals from them to the Supreme Court. Court. 58.-(a) No appeal shall be permitted to the King Appeal to in Council from a decision of the Supreme Court upon King in any question, howsoever arising, as to the limits inter se Council. of the constitutional powers of the Commonwealth and those of any Province or Provinces, or as to the limits 30 inter se of the constitutional powers of any two or more Provinces, unless the Supreme Court shall certify that the question is one which ought to be determined by the King in Council. (b) The Supreme Court may so certify if satisfied 35 that for any special reason the certificate should be granted, and thereafter an appeal shall lie to the King in Council on the question without further leave. (c) Parliament may make laws limiting the matters in which such leave may be asked, provided that such 40 laws do not impair any right which the King may be pleased to exercise by virtue of His Royal prerogative |