The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday December 18 1916

65 (2) of the Government of ’India Act lays down that “ the Governor-General in Legislative Council has not power to make any law affecting any part of the unwritten laws or constitution of the United Kingdom of Great Britain and Ireland whereon may depend in any degree the allegiance of any person to the Crown of the United Kingdom.” The contention is this : In the words of Sir William Blackston [...] Crown on the one hand and the inhabitants of particular Provinces or particular classes of the ccmmunity on the other and obviously such laws as these are not touched by the local Acts which are ipeached before us." Markby J. at p._ 482 ' observes : " The restriction which is the foundtion of the second objection to the validity of the Act is certainly couched in language to the las [...] It may well be that the Indian Government can legislate validly about the formalities of procedure so long as they prserve the substantial right of the subject to sue the Government in the Civil Court like any other Defendant and do not violate the fundamental principle that the Secretary of State even as rpresenting the Crown is to be in no position diffeent from that of the old East I [...] xxiii ihould haveabeea unwilling to grant to the Indian Legislature constituted as it is any legislative powers which would enable the Government of encroach upon those fundamental rights of the people the violation of which specially by a foreign Government is so calculated to lead to a disturbance of that peace in the realwhich it is the highest concern of the Crown always to assure. [...] ?qCf.: tested in his famous work A Speech for the Liberty of Unlicensed Whiting." In 1686 when the revision of statutes came up before the How of Commons the law of the Long Parliament was omitted from the statute hook after a conflict with the I-louse of Lords.