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 short notes of important decisions of other High Courts in India Monday December 17 1934

With regard to the transation of business regarding the reserved branches of the administration the present constitution in the Instrument of Instrutions to the Governor provides for joint delberations between ministers and members of the Executive Council presided over by the Governor. [...] From this as also the directions given to the Governor by the Instrument of Instructions for joint delberations it is evident that the present costitution makes the Governor responsible to a large extent to his ministers and to the Indian members of the Executive Council the Indian members of the Council 4nd the ministers being in the majority. [...] 6 of the Instrument of Instructions to the Govenors which says that in considering and dissenting from the minister's advice the Governor is to have due regard to the minister's relations with the Legislative Council and the wishes of the people's reprsentatives. [...] Now the Joint Parliamentary Committee proposes that the provision in the Goverment of India Act that the Governor shall be guided " by the advice of the ministers should find no place in the new statute and further that the Instrument of Instructions to the Governors which required the Govenors to have due regard to the minister's reltionship with the Legislature and the eletorate is [...] in the absence of any statutory obligation or specific direction in the Instrument of Instructions to accept the advice of the ministers even in the branches of administration not within the reserved and discretionary powers and matters within the " Special responsibility " of the Govenor which cover almost all the important spheres of administration will be quite independent of his ministers