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R ATE DEBA THIRD SESSION 5ECOND COUNCIL of STATE, 1927

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R ATE DEBA THIRD SESSION 5ECOND COUNCIL of STATE, 1927 Wednesday, 31st August, 1927 Ti1E COUNCIL OF :;r ATE DEBA 1~ES VOLUME II, 1927 (2(}th August I(}27 to 2Ist Septembe1' I(}27) THIRD SESSION OF THE 5ECOND COUNCIL OF STATE, 1927 ) ." / OONTEJrJ.'B. ,;;)',' • • PAGES • MONDAY, 29TH AUGUST, 1927- <) Address by His Excellency the Viceroy to the Members of the Council of State and the Legislative AlISembly 885-38 TUESDAY, 30TH AUOUST, 1927- 6 , Members Sworn .. 839 Question!! Ilud Answers 83!J-..;79 Appointment of the Honourable Sir Dins!Jaw Wacha to the Library Comrnittt!c 879 Congratulations to Members who have received honours 879 Bills passed by the Legislative Assembly laid Oll the table 879-80 Reports of the Joint Committee on the Gold Standard and Reserve Bank of India Bill and the Imperial Bank of India (Amendment) Bill, laid on the tahle .. 880 Governor General's aRsent to BillA 880 Indian Lighthouse Bill-Presentation of the Report of the Joint Committee 880 vlndian Spccession (Amendment) Bill-Introduced '-" 880-81 Indilm Limitation (Amendment) Bill-Introduced .. 881 ASSllm Labour and Eiigration (Amendment) Bill-Introduced .. 881 Bodies Corporat<· (.Toint Ownership) Bill-Introduced 882 PresidcII(ly-townf; Insolvency (Amf')l(iment) HiIl-Jutroduced 882 Indim. Divorce (Se('ond Amend~ent) Bill-Introduced ~ 88:3··-83 Insolwncy (Amendment) BilI--PaSKed' 883-84 Sta.t.ement of Business 884 "WEDNESDAY, 31ST AUGUIlT, 192'i- ·V Resolution re Estu,blishment uf a Supl'enU! COllrt-Negntived 885-917 Resolution re Repo!'t of tbe Indiall Sandhul's!' COInmittee- Negatived 917-44 Fl!JDAY; 2ND SJCPTIll(BU, 1927- IndianSUecession (Amendm,mt) Bill-Pal!lsed, V--:. 945-46 Indian Limitation (Amendment) BiIl--Referred. to Select . Committee 946-49 Indian Lighthouse Bill-Passed 949-50 Bodies Corporate (Joint Owner~bip) Bill-Consideration of Bill adjourned .. 951 Pl'esidency-towlls Insolvency (Amendment) Bill-PII8I!ed 951-52 .; Repealil!g Bill-Passed !lISS MONDAY, 5TH, ~D, 1927- Quel!tions pd Answers 955 Congratulation to the Leader of the House on the K,C,S,I., ('onfemd on hiin , , 956 ~esolution ,.e Release of Political prisoners-Negatived 957"":'78 Resolution ,.e Development of. llew indU8tries-~eg8tived ,'. '97~,.93 Retro1ution ·re Grievances of railway employees-Negatived 994--1002 Criminal Law Repealing Ilnd Amending Bill-Discussion on the Motion for (,Qntlidtll'atioll adjourned 1002--16 'i'UEISD.AY, liTH SEPTF.MBER, 1927- Que"tiolls Rlld An~wel'''' 1017-20 Agreement bet Wilen the UJlitt,d King'doD! and the I.atviau R.epublif'--Laid on the table 1021 ,,. Iudian Divorc(' (S(1(,UIHl Amendment.) Bill-l'llsl'Ied ,. 1021 Assam Labour and Em.igration (Amendment.) Bill-Passed 1021-22 i., Indian Bar Councils (Amendment) Bill-Passed " 1022-23 Indian Mel'chant Shipping (Amendment) Bill-Passed 102;1-36 Indi8l1 DivoI'('e (Am(mdmen!) Bill-'-Passed ....... 1036 Indian Limitatioll (Amendment) Bill-Constitution of the Select COlllwittee 1037 ;i WEII,;r,;SDAY. i'rll SI':l"l'Ellmm, 1.9:!i- t :.\Iembel' Sworn 1039 Questiolls IIl1d ,\IlSW('l'S 10:19-41 Criminal Law Repealing and Amending Bill-Motion to consider as j)lUllwd by the Ll·gislative Assembly, negatived 1041-71 i Rl'f'(\lntion re Constitution and Power" of the Council of State-- :0 N('gatived 1071-85 .19, Resolution "f' Expulsioll from their Home!! by Frontier 'fribesmen , of Sikh and Hindu Residents of British T(lrritory on the North-West Frontier-Withdrawn " 1085--98 lloNDAY, 12TH SEPTEMBI!lR, 1927- Member SWorn '1" 1099 Questions and Answers 109D-U31 11S1 I Billfl passed by the Legislative Assembly laid on the table (, Resolution re Prohibition of the dedication of unmarried minor\ girls to temples aa DevlltWsi_WithdmWJl by leave of the Council V 1131--42 Resolution ,.e Enhancement of the duty on foreign liquors- Negatived 1142-46 t~ Resolution re Eradication of the Water hyacinth llest in Bengal-Negatived 1146--62 Resolution ,.e Levy of an expol't duty on oil-seeds, bones and other fOrlDs of manure--Withdrawn by leave of the Council" 1158-68 Statement of BuBine118 1118 VEDNESDAY, 14TH SEPTEMBER, 1927- • Question and Answer 1159 Resolution "e Slaughter of milch cows, buffaloes, etc.-Withdrawn hy leave of the Council .. 1159-11 Resolution "e Cheap transport of agTIcultural and other produce through Waterways-Withdrawn by leave of the Council 1172-76 Resolution "e Privileges and immunities of the Central and Provincial Legislatures-Withdrawn by leavc of the Council ., 1176-89 , Resolution,.e Reconstitution of the Local Advisory Committees for Railways-Withdrawn by leave of the Council 1189-98 Message from the Legislative Assembly 1199 Statement of Business 1199 •. HUKBDAY, 15TH SgPTKMBER, 1927- Bills passed by the LegiAlative Assembly laid on thc 'fable 1201 Message from the Ll.'gi::!Iative Assembly .. 1201 Hin~ll Family 'r1'UnH~S Bill-Report of the Solect Com-' t mlttee presented . 1201 , Indian Limitatioll (Amendment) Bill-Report of the Select Committee presented 1202 Resolution re Inspection of Emigrants and the protection of 1 Emigrant women and girls on board ship-Adopted~ 1202-04 . Resolution"e Censorship of Cinematograph films-Adopted 1204-11 Bamboo Paper Industry (Protection) Bill-Passed 1211-15 f Aden Civil and Criminal Justice (High Court Jurisdiction Ame~ent) Bill--Jntroduced and Passed 1215-17 ( Indian Securities (Amendment) Bill-Pal!sed 1217-18 Statement of Business 1218 ATURDAY, 17TH SEPTEMBER, 1927- QI1~tions .and Answers 1219-32 Flood Situation in Orissa 1232 J Mel;S&ge from the Legislative Assembly 1232 Indian Tariff (Cotton Yarn Amendment) Bill-Passed 1232-52 Indian Tarift'. (Amendment) Bill-Passed 1252-59 Statement by the Leader of the House .. 1259-60 e MONDAY, 19-1'1l BKPl'EllBD, 1927- ResoluhOll "8 Railway between India and Burma-Negatived' Indi~' Limitation (Amendment) Bill-Motion to circulate adopted 126'," Cantonments (Amendment) Bill-Passed 1267--6f· Indian Emigration (Amendment) Bill-Passed (; 126l Indian Income-tax (Amendment) Bill-Passed 1276-7i vlfindu Family Transactions Bill-Consideration of Bill adjourn- , ed"" 1274-71 Motion f'/J Appointment of a Committee to consider thc question of residence and accommodation for Members of the Indian I Legislature-Adopted 1276:--1; TuEsDAY, 20TH: SEPTEMBER, 1927- Questions and Answers Message from the Legislative Assembly Bills passed by the Legislative Assembly laid on the Table Resolution re Ratification of the Draft COllventions concerning (1) Seamen's Articles of Agreemtmt, and (2) the Repatriation of Seamen-Adopted Resolution f'e RC('A)mmendatioris concerning (1) the Repatriation of Masters and Apprcntices, and (2) the General Principles for the iJ:~speetion of the conditions of WOl"k of Seamen- t Adopted WEDNESDAY, 21ST SEPTERMBER, 1927- 128~' Questions and Answers 1287- . Criminal I.aw Amendment Bill-Passed "" 1296-13 9 • COUNCIL OF STATE. • • Wed·nesday. 31st AugU8t, 1927. The 00uncil met in the Council Chamber at Eleven of the Clock, the Honourable the President in the Chair. • • RESOLUTION BE ESTABLISHMENT OF A SUPREME COURT. To HONOURABLE SIR SANKARAN NAIR (Matras: Non-Muham- madan): I beg to move:--':'" .. This Council recommends to the Governor General in Counoil'to take early steps to Ie0111'e that a Suprel¥ Court is established in India with power- (a) to interpret and upho~ the constitution; (b) to act &8 a oourt of final criminal appeal ag&inBt &11 sentenoes of death; (e) to act &8 a revising oourt in specified seriOUlo&llel; (d) to hear civil appe&la now heard by His Majesty's Privy Counoil ; and (g) generally to carry out the work at present entrusted to His Majesty's Privy Council; . pro-vided that luch court shall not affnot Ria Majesty's prerogative safeguarded in the oonstitutionB of CanJMia, Australia and South Atria&." Let me say at once before proceeding further that under this Resolution it is not intended to affect any of the existing powers or privileges of. *e Privy Council, that is to say, that a litigant may appeal tq the Privy Council if he likes, or, if this Supreme Court is -established, he may appeal to the Supreme Court. But once he appeals to the Privy Counoil he cannot go to the Supreme Court, and if he cames his litigation to the Supreme Court he cannot appeal to the Privy Council. He can go either to the one or to the other, but he cannot go to both. That is in order to show that the existing jurisdiction of the Privy Council is in no way intended to be interfered with. Now, Sir, I come to the Resolution itself. Perhaps Honourable Members know that accorrling to our law it is open to a litigant to appeal to the Privy CouJ''lil in a certaincla88 of civil cases ; that is to say, if the subject-matter is above Re. 10,000 and if tllere is a difference of opinion between the first Court-- the subordinate Court or the District Court-and the High Court and the High Court reverses the judgment of the subordinate Court or the District Court, then he is entitled to appeal to the Privy Council. The law recognises the fac~ that judgments where the High Court interferes with the judgment of the lower Court are judgments which may require further consideration, and it is for that further consideration that an appeal is provided for to the Privy Council. It is obvious, then, that when such an appeal is provided for to a higher oourt that should not be an illusory remedy. We must provide facilities for the litigant to appeal to a higher court. But what is the case now 1 In by far the majority of cases· when a litigant is entitled to go to the Privy Council, the man who has 108t his appeal in the High Court, even when he is advised to go ( 8~ ) A COUNCIL or STATE.
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