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Under the rules made in pursuance of this power the annual
Besides the formal power of making laws through the
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
33 Vict. c. 3, s. 1, above, p. 105. Digest, s. 68.
25 Vict. c. 67, 8. 23. Digest, 8. 69. 3 See Chapter v.
4 See Digest, ss. 70, 74.
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 Crown? Of the fifteen councillors for Eastern Bengal and Assam not more than seven may be officials The powers of the local legislatures are more limited than Digest, s. 73.
2 See notification of Oct. 16, 1905.
those of the legislative council of the governor-general. They cannot make any law affecting any Act of Parliament for the time being in force in the province, and may not, without the previous sanction of the governor-general, make or take into consideration any law(a) affecting the public debt of India, or the customs duties,
or any other tax or duty for the time being in force and imposed by the authority of the Governor-General in Council for the general purposes of the Government
of India ; or (b) regulating any of the current coin, or the issuing of
any bills, notes, or other paper currency ; or (c) regulating the conveyance of letters by the post office
or messages by the electric telegraph within the pro
vince; or (d) altering the Indian Penal Code ; or (e) affecting the religion or religious rites or usages of any
class of His Majesty's subjects in India ; or (f) affecting the discipline or maintenance of any part of
His Majesty's naval or military forces; or (g) regulating patents or copyright ; or (h) affecting the relations of the Government with foreign
princes or States 1. Until 1892 their powers were much restricted by their inability to alter any Act of the Governor-General in Council, but under a provision of the Indian Councils Act, 1892, the local legislature of any province may, with the previous sanction of the governor-general, repeal or amend as to that province any law or regulation made by any other authority in India 2.
Acts passed by a local legislature in India require the assent of the governor-general, and are subject to disallowance by the Crown in the same manner as Acts of the governor-general's legislative council 2. The restrictions on 1 Digest, s. 76.
2 Ibid. 78.
the subjects of discussion at that council also apply to meetings of the local legislatures 1
No precise line of demarcation is drawn between the subjects which are reserved to the control of the local legislatures respectively 2. In practice, however, the governorgeneral's council confines itself to legislation which is either for provinces having no local legislatures of their own, or on matters which are beyond the competency of the local legislatures, or on branches of the law which require to be dealt with on uniform principles throughout British India. Under this last head fall the so-called Indian codes, including the Penal Code, the Codes of Civil and Criminal Procedure, the Succession Act, the Evidence Act, the Contract Act, the Specific Relief Act, the Negotiable Instruments Act, the Transfer of Property Act, the Trusts Act, and the Easements Act. The law administered by the courts of British India consists, Indian
Law. so far as it is enacted law, of— (1) Such Acts of Parliament as extend, expressly or by
implication, to British India 3.
Bengal, and Bombay before the coming into operation
Digest, s. 77. 2 As to the relations between the governor-general's council and local legislatures, see Minutes by Sir H. S. Maine, No. 69.
3 See the Statutes relating to India, published by the Indian Legislative Department in 1899.
* The Bengal Regulations passed before 1793 were in that year collected and passed by Lord Cornwallis in the shape of a revised code. 675 Regulations were passed between 1793 and 1834, both inclusive, but of these only eightynine are now wholly or partly in force. Such of them as are still in force are to be found in the volumes of the Bengal Code published by the Indian Legislative Department.
Of the 251 Madras Regulations, twenty-eight are still wholly or partly in force, and are to be found in the Madras Code.
The Bombay Regulations were revised and consolidated by Mountstuart Elphinstone in 1827. Twenty Bombay Regulations are still wholly or partly in force, and are to be found in the Bombay Code.
(3) The Acts passed by the Governor-General in Council
under the Government of India Act, 1833, and subse
quent statutes 1 (4) The Acts passed by the local legislatures of Madras,
Bombay, Bengal, the North-Western Provinces and Oudh (now the United Provinces of Agra and Oudh), the Punjab, Burma and Eastern Bengal and Assam, since their constitution under the Indian Councils Act,
1861 (24 & 25 Vict. c. 67) 2. (5) The Regulations made by the governor-general under
the Government of India Act, 1870 (33 Vict. c. 3) 3. (6) The Ordinances, if any, made by the governor-general
under s. 23 of the Indian Councils Act, 1861 (24 & 25
Vict. c. 67), and for the time being in force 4. To these may be added(7) Orders in Council made by the King in Council and
applying to India". (8) Statutory rules made under the authority of English
Acts . (9) Rules, orders, regulations, by-laws, and notifications
made under the authority of Indian Acts ? 1 Revised editions of these Acts, omitting repealed matter, have been published by the Indian Legislative Department. Such of them as relate only to particular provinces are to be found in the 'Codes ' for these provinces published by the Legislative Department.
2 These Acts are to be found in the volumes of' Codes' mentioned above.
3 A Chronological Table of and Index to these five classes of enactments have been compiled by the Indian Legislative Departments.
4 See Digest, s. 69.
5 See e.g. the Order in Council confirming the Extradition (India) Act, 1895 (IX of 1895), Statutory Rules and Orders Revised, v. 297; the Zanzibar Order in Council of 1897, which gives an appeal from the British Court in Zanzibar to the Bombay High Court, Statutory Rules and Orders Revised, v. 87; and the Indian (Foreign Jurisdiction) Order in Council, 1902, printed below, p. 388.
6 e. g. the rules made under s. 8 of the Indian Councils Act, 1891 (Digest, S. 43), and under ss. 1 & 2 of the Indian Councils Act, 1892 (Digest, ss. 60, 64).
? Lists of such of these as have been made under general Acts have been published by the Legislative Department. There are also some lists and collections of rules made under local Acts.