Apart from this, Sir, let us consider how the Governor could act under the Government of India Act, 1935. He was given adequate powers to enforce his decisions. He could take upon himself all the functions of Government when it could not be carried on in accordance with the provisions of the Act of 1935. He controlled the service too. The All India services connected with district administration which were under the control of the Secretary of State were immediately responsible to him for their actions. Again, so far as the Provincial services were concerned their members had a right to appeal to the Governor. Besides, one of the special responsibilities of the Governor was to protect the rights and interests of the members of the Services. The members of all the Services whether Imperial or Provincial, were there under the ultimate control of the Governor. Apart from this, no change could be made in the rules relating to the Organisation and discipline of the police force without his sanction. His authority over the provincial executive agencies was therefore complete. The Governor under the Constitution as it is likely to be,-I mean a Constitution based on the principles laid down in the Report before us-will not enjoy these powers which will be made over to the Minister. How will he then to be able to have his orders carried out? His position will be an exceedingly difficult one. He may be an elected authority but in the case of a conflict between him and the Ministers, the position will be one of great embarrassment both for him and for the Ministers. The difficult position in which Ministers will be placed is obvious. Their prestige will go down in the eyes of the public and the services to the extent that the Governor is able to control the Services, and this will undoubtedly lead to administrative complications. They will be in the same predicament in which they are now vis-a-vis the Governor. Sir, we have to consider whether the method that has been suggested of ensuring the maintenance of law and order will be suitable on general grounds for securing the object that we have in view. Is it desirable that we should allow one man to sit in judgement, so to say, over the Ministers? However wise a Governor may be and by whatever method he may be selected, I submit that it is highly undesirable that his personal view should prevail over the collective view of the Ministers who will be better informed than him. That is another argument and I think a very Strong argument for not agreeing to the amendment that has been moved by Mr. Munshi.
