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The Charter Act of 1833 (3 & 4 Will. IV, c. 85, S. 48) enacts that 'in every case of difference of opinion at meetings of the said council where there shall be an equality of votes, the said governor-general shall have two votes or the casting vote.'

The difficulties which Warren Hastings encountered in his council under the Act of 1773 are well known, and Lord Cornwallis stipulated, on his appointment, that his hands should be strengthened ; accordingly by an Act of 1786 (26 Geo. III, C. 10) the governor-general was empowered in special cases to override the majority of his council and act on his own responsibility. (See above, p. 67.)

The provisions of the Act of 1786 were re-enacted by ss. 47, 48, and 49 of the Charter Act of 1793 (33 Geo. III, c. 52), which are still in force, and which run as follows :

*47. And whereas it will tend greatly to the strength and security of the British possessions in India, and give energy, vigour, and dispatch to the measures and proceedings of the executive Government within the respective presidencies, if the Governor-General of Fort William in Bengal and the several governors of Fort Saint George and Bombay were vested with a discretionary power of acting without the concurrence of their respective councils, or forbearing to act according to their opinions, in cases of high importance, and essentially affecting the public interest and welfare, thereby subjecting themselves personally to answer to their country for so acting or forbearing to act: Be it enacted, that when and so often as any measure or question shall be proposed or agitated in the Supreme Council at Fort William in Bengal, or in either of the councils of Fort Saint George and Bombay, whereby the interests of the said united Company, or the safety or tranquillity of the British possessions in India, or in any part thereof, are or may, in the judgement of the governor-general or of the said governors respectively, be essentially concerned or affected, and the said governor-general or such governors respectively shall be of opinion that it will be expedient, either that the measures so proposed or agitated ought to be adopted or carried into execution, or that the same ought to be suspended or wholly rejected, and the several other members of such council then present shall differ in and dissent from such opinion, the said governor-general or such governor and the other members of the council shall and they are hereby directed forthwith mutually to exchange with and communicate in council to each other, in writing under their respective hands (to be recorded at large on their secret consultations), the respective grounds and reasons of their respective opinions; and if after considering the same the said governorgeneral or such governor respectively, and the other members of the said council, shall severally retain their opinions, it shall and may be lawful to and for the said governor-general in the Supreme Council of Fort William, or either of the said governors in their respective councils, to make and declare any order (to be signed and subscribed by the said governor-general or by the governor making the same) for suspending or rejecting the measure or question so proposed or agitated, in part


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or in whole, or to make and declare such order and resolution for adopting and carrying the measure so proposed or agitated into execution, as the said governor-general or such governors in their respective councils shall think fit and expedient; which said last-mentioned order and resolution so made and declared shall be signed as well by the said governor-general or by the governor so making and declaring the same as by all the other members of the council then present, and shall, by force and virtue of this Act, be as effectual and valid to all intents and purposes as if all the said other members had advised the same or concurred therein ; and the said members in council, and all officers civil and military, and all other persons concerned, shall be and they are hereby commanded, authorized, and enjoined to be obedient thereto, and to be aiding and assisting in their respective stations in the carrying the same into execution.

48. And . . . that the governor-general or governor who shall declare and command any such order or resolution to be made and recorded without the assent or concurrence of any of the other members of council shall alone be held responsible for the same and the consequences thereof.

49. Provided always ... that nothing in this Act contained shall extend or be construed to extend to give power to the said GovernorGeneral of Fort William in Bengal, or to either of the said governors of Fort Saint George and Bombay respectively, to make or carry into execution any order or resolution which could not have been lawfully made and executed with the concurrence of the councils of the respective Governments or presidencies, anything herein contained to the contrary notwithstanding.'

The Government of India Act, 1870 (33 & 34 Vict. c. 3, s. 5), enacts that 'Whenever any measure shall be proposed before the GovernorGeneral of India in Council, whereby the safety, tranquillity, or interests of the British possessions in India, or any part thereof, are or may be, in the judgement of the said governor-general, essentially affected, and he shall be of opinion either that the measure proposed might be adopted and carried into execution, or that it ought to be suspended or rejected, and the majority in council then present shall dissent from such opinion, the governor-general may, on his own authority and responsibility, suspend or reject the measure in part or in whole, or adopt and carry it into execution ; but in every such case two members of the dissentient majority may require that the said suspension, rejection, or adoption, as well as the fact of their dissent, shall be notified to the Secretary of State for India ; and such notification shall be accompanied by copies of the minutes (if any) which the members of the council shall have recorded on the subject.'

This enactment practically supersedes, but does not expressly repeal, the enactments in the Act of 1793, but does not apply to the Governments of Madras and Bombay. It was under the enactment of 1870 that Lord Lytton acted in March, 1879, when he exempted certain imported cotton goods from customs duty.

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45.-(I) Whenever the Governor-General in Council de- Provision clares that it is expedient that the governor-general should pointment

of presivisit any part of India, unaccompanied by his council, the

dent of Governor-General in Council may appoint some member council.

(24 & 25 of the council to be president of the governor-general's Vict. c.

67, s. 6.] council during the time of the visit.

(2) The president of the governor-general's council has, during his term of office, the powers of the governorgeneral at ordinary meetings of the governor-general's council (a).

(a) The object of this section is to make provision for the current business of Government during the temporary absence of the governorgeneral. The last occasion on which it was put in force was Lord Dufferin's visit to Burma after the annexation of Upper Burma. In such cases the governor-general retains his own powers under s. 47 (1). This power

is not exercised on the occasion of the viceroy's ordinary annual tour. 46. If the governor-general, or the president of the Provision

for abgovernor-general's council, is obliged to absent himself from sence of

governorany ordinary meeting of the governor-general's council by sen

general, indisposition, or any other cause, and signifies his intended or presi

dent, from absence to the council, the senior ordinary (a) member for meetings

of council. the time being present at the meeting presides thereat, with [24 & 25

Vict. c. the like powers as the governor-general would have had, if

67, s. 7.] present.

Provided that if the governor-general, or president, is at the time resident at the place where the meeting is assembled, and is not prevented by indisposition from signing any act of council made at the meeting, the act requires his signature ; but if he declines or refuses to sign it, the like provisions have effect as in cases where the governor-general, when present, dissents from a majority of the meeting of the council (b).

(a) The word ' ordinary'is not in the Act of 1861, but is probably implied. (b) See s. 44. 47.-(1) In any case where a president of the council Powers of

governormay be appointed, the Governor-General in Council may general in

III, c. 52,

absence by order authorize the governor-general alone to exercise, from Council. in his discretion, all or any of the powers which might be [33 Geo.

exercised by the Governor-General in Council at ordinary ss. 54, 55. meetings (a). 24 & 25 Vict. c.

(2) The governor-general during absence from his council 67, s. 6.]

may, if he thinks it necessary, issue, on his own responsibility, any order which might have been issued by the GovernorGeneral in Council to any local Government, or to any

officers or servants of the Crown acting under the authority of any local Government, without previously communicating the order to the local Government, and any such order is of the same force as if made by the Governor-General in Council, but a copy of the order must be sent forthwith to the Secretary of State in Council and to the local Government, with the reasons for making the order.

(3) The Secretary of State in Council may by order suspend until further order all or any of the powers of the governorgeneral under the last foregoing sub-section, and those powers will accordingly be suspended as from the time of the receipt by the governor-general of the order of the Secretary of State in Council (b).

(a) This provision supplements s. 45.

(6) The provisions of sub-sections (2) and (3) are reproduced from ss. 54 and 55 of the Act of 1793 (33 Geo. III, c. 52). But those sections were enacted in circumstances very different from those of the present time, and are practically superseded by the enactment reproduced in sub-section (1).

War and Treaties.

Restric- 48.-(1) (a) The Governor-General in Council may not, tion on power of without the express command of the Secretary of State in Governor- Council, in any case (except where hostilities have been Council actually commenced, or preparations for the commencement

of hostilities have been actually made against the British treaty.

Government of India or against any prince or State dependent (33 Geo. III, c. 52, thereon, or against any prince or State whose territories His S. 42.]

Majesty has engaged by any subsisting treaty to defend or

to make war or

guarantee) either declare war or commence hostilities or enter into any treaty for making war against any prince or State in India, or enter into any treaty for guaranteeing the possessions of any such prince or State.

(2) In any such excepted case the Governor-General in Council may not declare war or commence hostilities or enter into a treaty for making war against any other prince or State than such as is actually committing hostilities or making preparations as aforesaid, and shall not make a treaty for guaranteeing the possessions of any prince or State except on the consideration of that prince or State actually engaging to assist His Majesty against such hostilities commenced or preparations made as aforesaid.

(3) When the Governor-General in Council commences any hostilities or makes any treaty, he must forthwith communicate the same, with the reasons therefor, to the Secretary of State.

(a) This section first appeared in Pitt's Act of 1784 (24 Geo. III, sess. 2, C. 25, s. 34), and was preceded by the preamble :- Whereas to pursue schemes of conquest and extension of dominion in India are measures repugnant to the wish, the honour, and policy of this nation.' (See above, p. 64.) It was re-enacted, with the preamble, by s. 42 of the Act of 1793, and, as so re-enacted, is still on the statute book. It is of historical interest as an expression of the views with which the expansion of the territorial possessions of the East India Company was regarded in the eighteenth century, but as it relates only to hostilities against and treaties with the country princes or States in India,' it is no longer of practical importance. The last provision, though expressed in general terms, obviously refers to the hostilities and treaties referred to in the preceding part.



General. 49.-(1) Every local Government (a) must obey the orders of Relation

of local the Governor-General in Council, and keep him constantly Governand punctually informed of its proceedings, and is under ments to

Governor his superintendence and authority in all matters relating to General

in the administration of its province.

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