4.33.97

As regards the point of order raised by Sir N. Gopalaswami Ayyangar, that the amendment does not come under this particular Chapter, I would say the new Clause 18 (a) of the Lady Member wants the President to establish a High Court on an address being presented by the Legislature. If this is to be relegated entirely to the Provincial Constitution and if we do not make a provision here that the President in Council with the aid of his Ministers should be the final authority, then there will be a lacuna. There will be provision only on one side in the provincial constitution, there will not be a corresponding provision in the federal side of the Constitution Act. Whether it fits in as 18 (a) or whether it comes in the earlier or later portion of the Bill does not matter; but provision has to be made in this Constitution and similar provision has also to be made in a detailed manner in the provincial constitution.