cover image: 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  February 28  1938

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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 February 28 1938

1938

Assuming for the moment that the matter did lie within the sphere of special resposibilities what was the constitutional duty of the Ministers when they found that the Governor was pursuing a course which was opposed to the course of administration which they themselves desirdd and which they had promised to the electorate? [...] Gandhi has pointed out that the Congress election manifesto by which the Ministers were bound placed release of political prisoners in the forefront of the political programme and it follows that the action of the Ministers fell within the formula framed by Lord Linlithgow. [...] 52 (1) (a) as the prevetion of any grave menace to the peace or tranquillity of the Province or any part i.heeof." The reason given by the Govenor-General for his interference is not that the proposed action would jeopardise the peace or tranquillity of the provinces cocerned but those of the adjoining provinces. [...] In June last Lord Linlithgow with the concurrence of the Secretary of State interpreted the Act as providing that in matters lying within the ministerial field strictly so called it was mandatory on the Governors to follow the advice of Ministers What is the position in regard to a matter which is within the ministerial field and with which the special responsibilities of the Governor may ap [...] And what is the position as to interference by the Governor-General himself ? Is it good politics or in consonance with the spirit of the Act that the Governor-General should claim the right to interfere in a matter which is a matter of the day-to-day administration and as such primarily within the responsibilities of the Ministers?
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
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 February 28 1938
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