communicating directly with the Secretary of State, and have the same power as the governor-general of overruling their councils in cases of emergency. For reasons which are mainly historical, the control of the Government of India over the Governments of Madras and Bombay is less complete than over other local Governments.

The lieutenant-governors have no executive councils, and are appointed by the governor-general, with the approval of the King1. They are in practice appointed from the Indian Civil Service 2, and hold office for five years.

The chief commissioners are appointed by the GovernorGeneral in Council. In some cases this office is combined with another post. Thus the Resident at Mysore is, ex-officio, Chief Commissioner of Coorg, and the Governor-General's Agent for Rajputana is, ex-officio, Chief Commissioner of Ajmere-Merwara. So also the Chief Commissioners of British Baluchistan and of the North-West Frontier Province are Governor-General's Agents for dealing with the neighbouring tribes outside British India.

Under an arrangement made in 1902 the Assigned Districts' of Berar are leased in perpetuity to the British Government, and are administered by the Chief Commissioner of the Central Provinces.

For legislative purposes the governor-general's council Indian legislais expanded into a legislative council by the addition of not tion. less than ten nor more than sixteen additional members, of whom at least one-half must be persons not in the civil or military service of the Crown in India. These additional members are nominated by the governor-general under rules approved by the Secretary of State 3. Under the rules framed in pursuance of the Act of 1892 there are sixteen additional members, of whom six are officials appointed by the Governor-General in Council, and ten are non-official.

1 Digest, s. 55.

4

2 There may have been exceptions, e. g. Sir H. Durand.

3

Digest, s. 60.

4

55 & 56 Vict. c. 14.

Of the non-official members four are appointed by the governorgeneral on the recommendation of the non-official additional members of the provincial legislatures of Madras, Bombay, Bengal, and the United Provinces, each of these bodies recommending one member, and one on the recommendation of the Calcutta Chamber of Commerce. The governorgeneral can, if he thinks fit, decline to accept a recommendation thus made, and in that case a fresh recommendation is submitted to him. The remaining five members are nominated by the governor-general, in such manner as shall appear to him most suitable with reference to the legislative business to be brought before the council, and the due representation of the different classes of the community.'

The additional members hold office for two years, and are entitled to be present at all legislative meetings of the council, but at no others 1.

The legislature thus formed bears the awkward name of the Governor-General in Council at meetings for the purpose of making laws and regulations.'

The Governor-General in Council at these meetings has power to make laws—

(a) for all persons, for all courts, and for all places and things within British India; and

(b) for all British subjects of His Majesty and servants of the Government of India within other parts of India, that is to say, within the Native States; and (c) for all persons being native Indian subjects of His Majesty, or native Indian officers or soldiers in His Majesty's Indian forces when in any part of the world, whether within or without His Majesty's dominions; and

(d) for all persons employed or serving in the Indian Marine Service 2.

1 Digest, s. 60.

2 Ibid. 63. As to whether there is any power to legislate for servants of the Government outside India,' see the note (c) on that section.

But this power is subject to various restrictions. For instance, it does not extend to the alteration of any Act of Parliament passed since 1860, or of certain specified portions of earlier Acts 1, and does not enable the legislature to make any law affecting the authority of Parliament or any part of the unwritten laws or constitution of the United Kingdom whereon may depend the allegiance of any person to the Crown or the sovereignty or dominion of the Crown in any part of British India 2.

Measures affecting the public debt or revenues of India, the religion or religious rites or usages of any class of His Majesty's subjects in India, the discipline or maintenance of the military or naval forces, or the relations of the Government with foreign States, cannot be introduced by any member without the previous sanction of the governorgeneral 3. Every Act requires the governor-general's assent, unless it is reserved by him for the signification of His Majesty's pleasure, in which case the power of assenting rests with the Crown. The assent of the Crown is in other cases not necessary to the validity of an Act, but any Act may be disallowed by the Crown 4.

The procedure at meetings of the Legislative Council is regulated by rules made by the council and assented to by the governor-general 5.

But

Under the Act of 1861, the powers of the Legislative Council were strictly confined to the consideration of measures introduced into the council for the purpose of enactment or the alteration of rules for the conduct of business. under the Act of 1892 rules may be made authorizing at meetings of the Council discussion of the annual financial statement and the asking of questions, but under such conditions and restrictions, as to subject or otherwise, as may be prescribed.

Namely, 3 & 4 Will. IV, c. 85, except ss. 81-86; 16 & 17 Vict. c. 95 ; 17 & 18 Vict. c. 77; 21 & 22 Vict. c. 106; 22 & 23 Vict. c. 41. See 24 & 25 Vict. c. 67, s. 22, as amended by 32 & 33 Vict. c. 98, s. 2.

2 Digest, s. 63.

5 Ibid. 67.

3 Ibid. 64
6 See above, p. 100.

4
.* Ibid. 65, 66.

Local legislatures.

Under the rules made in pursuance of this power the annual financial statement must be made publicly in the council. Every member is at liberty to make any observations he thinks fit, and the financial member of the council and the president have the right of reply. Under the same rules due notice must be given of any question, and every question must be a request for information only, and must not be put in argumentative, or hypothetical, or defamatory language. No discussion is permitted in respect of an answer given on behalf of the Government, and the president may disallow any question which, in his opinion, cannot be answered consistently with the public interest.

Besides the formal power of making laws through the Legislative Council, the governor-general has also, under an Act of 18701, power to legislate in a more summary manner, by means of regulations, for the government of certain districts of India of a more backward character, which are defined by orders of the Secretary of State, and which are ' scheduled districts' within the meaning of certain Acts of the Indian Legislature. Under a section of the Act of 1861 2 the governor-general has also power, in cases of emergency, to make temporary ordinances which are to be in force for a term not exceeding six months.

The Governor-General in Council also exercises certain legislative powers with respect to Native States, but in his executive capacity, and not through his legislative council 3.

Local legislatures were established by the Indian Councils Act, 1861, for the provinces of Madras and Bombay, and have, under the powers given by that Act, since been established for Bengal, for the United Provinces of Agra and Oudh as constituting a single province, for the Punjab, for Burma, and for the province of Eastern Bengal and Assam 4.

The legislatures for Madras and Bombay consist of the

governor and his council, reinforced, for the purpose of legislation, by additional members. These additional members must be not less than eight and not more than twenty in number, and must include the advocate-general of the province, and at least one-half of them must be persons not in the civil or military service of the Crown. They are nominated by the governor in accordance with rules framed by the Governor-General in Council and approved by the Secretary of State. Under the existing rules, their number, both at Madras and at Bombay, is fixed at twenty, of whom not more than nine may be officials. The system of nomination adopted is intended to give a representative character to the members. For instance, at Bombay eight non-official members are nominated on the recommendation of various bodies and associations, including one recommended by the Corporation of the City, one by the University, and six by groups of municipal corporations, groups of district local boards, classes of large landholders, and associations of merchants, manufacturers, or tradesmen. The remaining non-official members are nominated by the governor'in such manner as shall in his opinion secure a fair representation of the different classes of the community.'

In the provinces which have legislative, but not executive, councils, the legislature consists of the lieutenant-governor and of persons nominated by him under similar rules and on the same general principles as those which apply to the local legislatures of Madras and Bombay. The number of the nominated members of the legislative council is twenty in Bengal, fifteen in the United Provinces, nine in the Punjab and Burma respectively, and fifteen in Eastern Bengal and Assam. One-third of them must be persons not in the civil or military service of the Crown1. Of the fifteen councillors for Eastern Bengal and Assam not more than seven may be officials 2.

The powers of the local legislatures are more limited than 2 See notification of Oct. 16, 1905.

1

Digest, s. 73.