« ПретходнаНастави »
subsequently by the council itself. The members of the council held office during good behaviour, but were removable on an address by both Houses of Parliament. By an Act of 1869 (32 & 33 Vict. c. 97 ) the right of filling all vacancies in the council was vested in the Secretary of State, and the tenure was changed from tenure during good be. haviour to tenure for a term of ten years, with a power of reappointment for five years, ‘for special reasons. By an Act of 1889 (52 & 53 Vict. c. 65) the Secretary of State was authorized to abstain from filling vacancies in the council until the number should be reduced to ten.
(6) It will be observed that service or residence in British India (see 21 & 22 Vict. c. 106, s. 1), not in India, is the qualification.
(c) This exceptional power, which was conferred by an Act of 1876 (39 & 40 Vict. c. 7), was exercised in the case of Sir H. S. Maine, and
was probably conferred with special reference to his case. Seat in 4. A member of the Council of India is not capable of council disquali
sitting or voting in Parliament. fication for Parlia
This restriction applies to seats in both Houses of Parliament. ment. [21 & 22
5. If at any time it appears to Parliament expedient to
reduce the number or otherwise to deal with the constitution 106, s. 12.] Claims to
of the Council of India, a member of that council is not compensa- entitled to claim any compensation for the loss of his office, or tion. (32 & 33 for
any alteration in the terms and conditions under which his Vict. c. 97, s. 7.]
office is held, unless he has served in his office for a period of
This enactment is contained in the Act of 1869 which changed the tenure of members of council.
Duties of 6. The Council of India, under the direction of the council.
Secretary of State, and subject to the provisions embodied in [21 & 22
this Digest, conducts the business transacted in the United 106, s. 19.]
Kingdom in relation to the government of India and the
correspondence with India. Powers of 7.-(1) All powers required to be exercised by the Secretary council. [21 & 22
of State in Council, and all powers of the Council of India,
may be exercised at meetings of the council at which not less 106, s. 22.]
than five members are present.
(2) The Council of India may act notwithstanding any vacancy in their number.
8.-(1) The Secretary of State is the president of the President
and viceCouncil of India, with power to vote.
president (2) The Secretary of State in Council may appoint any 21 & 22
of council. member of the Council of India to be vice-president thereof, Vict. o.
106, ss. 21, and the Secretary of State may at any time remove any 22.) person so appointed.
(3) At every meeting of the Council of India the Secretary of State, or in his absence the vice-president, if present, or in the absence of both of them, one of the members of the council, chosen by the members present at the meeting, presides. 9. Meetings of the Council of India are convened and held Meetings
of the when and as the Secretary of State directs, but one such
council, meeting at least must be held in every week.
[21 & 22
Vict. c. 10.-(1) At any meeting of the Council of India at which 106, s. 22.
Procedure the Secretary of State is present, if there is a difference of at meet
ings. opinion on any question, except (a) a question with respect to
[21 & 22 which a majority of votes at a meeting is by this Digest Vict. c.
106, s. 23.) declared to be necessary, the determination of the Secretary of State is final.
(2) In case of an equality of votes at any meeting of the council the person presiding at the meeting has a casting vote.
(3) All acts done at a meeting of the council in the absence of the Secretary of State require the approval in writing of the Secretary of State.
(4) In case of difference of opinion on any question decided at a meeting of the council, the Secretary of State may require that his opinion and the reasons for it be entered in the minutes of the proceedings, and any member of the council who has been present at the meeting may require that his opinion and any reasons for it that he has stated at the meeting be also entered in like manner.
(a) A majority of votes is necessary for decisions on the following matters :
1. Appropriation of revenues or property, s. 23.
3. Sale or mortgage of property, s. 31.
8. Appointments of natives of India to offices reserved for Indian Civil Service, s. 94.
9. Provisional appointments to posts on the Governor-General's
Council, s. 83, and to reserved offices, s. 95. Commit- 11. The Secretary of State may constitute committees of tees of council.
the Council of India for the more convenient transaction of [21 & 22 Vict. c.
business, and direct what departments of business are to be 106, s. 20.) under those committees respectively, and generally direct the
manner in which all business of the council or committees thereof is to be transacted (a).
(a) The existing committees are Finance, Political and Secret, Military, Revenue and Statistics, Public Works, Stores, and Judicial and Public.
Orders and Dispatches. Submis- 12.-(1) Subject to the provisions (a) embodied in this sion of orders, &c.,
Digest, every order or communication proposed to be sent to to council, India, and every order proposed to be made in the United of opinions Kingdom by the Secretary of State under the Government of thereon. [21 & 22
India Act, 1858, must, unless it has been submitted to a meeting 106, ss.
of the Council of India, be deposited in the council room for 24, 25.]
the perusal of all members of the council during seven days before the sending or making thereof.
(2) Any member of the Council of India may record, in a minute-book kept for that purpose, his opinion with respect to any such order or communication, and a copy of every opinion so recorded must be sent forthwith to the Secretary of State.
(3) If the majority of the Council of India so record their opinions against any act proposed to be done, the Secretary of State must, unless he defers to the opinion of the majority, record his reasons for acting in opposition thereto.
(a) The qualifications relate to urgency orders under s. 13 and secret orders under s. 14.
13.-(1) Where it appears to the Secretary of State that Provi
sion for the dispatch of any communication or the making of any cases of order, not being an order for which a majority of votes at a urgency,
[21 & 22 meeting of the Council of India is by this Digest declared to Vict. c.
106, s. 26.] be necessary (a), is urgently required, the communication may be sent or order made, although it has not been submitted to a meeting of the Council of India or deposited for the perusal of the members of that council.
(2) In any such case the Secretary of State must, except as by this Digest provided (6), record the urgent reasons for sending the communication or making the order, and give notice thereof to every member of the council.
(a) See note on s. 10.
14.-(1) Where an order concerns the levying of war or Provision the making of peace, or the treating or negotiating with any secret
orders prince or State, or the policy to be observed with respect to
and disany prince or State, and is not an order for which a majority patches. of votes at a meeting of the Council of India is by this Digest III, c. 52, declared to be necessary (a), and is an order which in the $S. 19, 2013
3 & 4 Will. opinion of the Secretary of State is of a nature to require IV, c. 85, secrecy, the Secretary of State may send the order to the 21 & 22
Vict. c. Governor-General in Council or to any local Government or 106, s. 27.] officer in India without having submitted the order to a meeting of the Council of India or deposited it for the perusal of the members of that council, and without recording or giving notice of the reasons for making the order (6). (2) Where any dispatch from the Governor-General in (33 Geo.
III, c. 52, Council, or from the Governor in Council of Madras or of Bombay, concerns the government of British India, or any of 21 & 22 the matters aforesaid, and in the judgement of the authority 106, s. 28.] sending the dispatch is of a nature to require secrecy, it may be marked 'Secret' by the authority sending it; and a dispatch so marked is not to be communicated to the members of the Council of India unless the Secretary of State so directs.
(a) See note on s. 10.
(b) The Act of 1784 (24 Geo. III, sess. 2, c. 25), which constituted the Board of Control, directed that a committee of secrecy, consisting of not more than three members, should be formed out of the directors of the Company, and, when the Board of Control issued orders requiring secrecy, the committee of secrecy was to transmit the orders to India, without informing the other directors. (See above p. 63.) These directions were reproduced by the Charter Act of 1793 (33 Geo. III, c. 52, 88. 19, 20), and by the Charter Act of 1833 (3 & 4 Will. IV, c. 85, ss. 35, 36). The Government of India Act, 1858 (21 & 22 Vict. c. 106, S. 27), directed that orders which formerly went through the secret committee need not be communicated to the council, unless they were orders for which a majority of votes of the council was required. There are similar provisions as to dispatches from India. 'Secret' orders are usually communicated to the Political and Secret Committee of the
council. (See above, s. 11.) Signature 15.-(1) Every order or communication sent to India, and and address of [save as expressly provided by this Digest] every order made orders, &c. in the United Kingdom in relation to the government of India
under this Act, must be signed by the Secretary of State (a). 106, s. 19. ]
(2) Every dispatch from the Governor-General in Council or from the Governor in Council of Madras or of Bombay must be addressed to the Secretary of State (b).
(a) This reproduces the existing enactment, but of course applies only to official orders and communications. It is not clear to what provisions (if any) the saving refers.
(6) This recognizes the right of the Governments of Madras and Bombay to communicate directly with the Secretary of State, a right derived from a time when Madras and Bombay constituted independent presidencies together with the Presidency of Bengal, and before a
general Government of India had been established. Communi- 16. When any order is sent to India directing the actual cation to Parlia
commencement of hostilities by His Majesty's forces in India, ment as
the fact of the order having been sent must, unless the order to orders for com- has in the meantime been revoked or suspended, be communimencing hostilities, cated to both Houses of Parliament within three months after [21 & 22
the sending of the order, or, if Parliament is not sitting at the 106, s. 54.] expiration of those three months, then within one month after
the next meeting of Parliament (a).
(a) See also s. 24. Corre
17. It is the duty of the Governor-General in Council to spondence by transmit to the Secretary of State constantly and diligently