Indian Statutory Commission. Memoranda Submitted by the Government of India and the India Office to the Indian Statutory Commission

In Madras and Burma the appointment of Munsifs or Sub-judges is made by the High Court ; in Bombay and the Central Provinces such appointments are made by the local Government while in Bengal Bihar and Orissa Assam the United Provinces and the Punjab the appointments are made by the local Government on the nomination of the High (or Chief) Court."786 4. The particular administrative powers of [...] The operation of the Devolution Rules is of course subject to the Act with the result that the vesting by sections 106 and 107 of the Act of functions with reference to a High Court in the Governor-General in Council or the local Government is not capable of being affected by the inclusion of High Courts under the Devolution Rules either in a central or in a provincial subject but over and above [...] The anomaly assumes its most aeute form in the financial sphere for the financial responsibility of the local Government and the local legislature for the court is not limited in the manner in which the administrative authority of the former has beet' limited by the functions entrusted to the Governor-General in Council.792 The Paper 1]. This anomaly manifested itself in an acutely practical for [...] In the result the Governor did issue the necessary certificate but the unsatisfactory nature of the position is clearly exhibited in the following observation contained in a letter addressed to the Government of India by the local Government :— His Excellency in Council will restore the grant as directed by the Government of India. [...] They consider the subordination of the Court to a member of the Executive Council of His Excellency the Governor to be a position inconsistent with the history and traditions of the Court and they refuse to accept a situation in which any member of the Bengal Legislative Council could call for or move for records returns and statements from the High Court as to the manner in which the Judges dis