Now, Mr. Gupte said-and perhaps Mr. Munshi will say-that the power that has been conferred on the Governor can be exercised by him only in the event of a grave menace to the peace and tranquillity of the Province. Under Section 93 of the Government of India Act. 1935, the Governor can take over the entire Government only when he is satisfied that the government of the Province cannot be carried on as contemplated by that Act, but it is provided in sub-section (5) of that Section that “the functions of the Governor under this Section shall be exercised by him in his discretion” and that “no proclamation shall be made by a Governor under this Section without the concurrence of the Governor-General in his discretion.” Those who rely on the present Government of India Act shield thus realize that whatever the power conferred on the Governor by Section 93 he could take no action without previously consulting the Governor-General. Mr. Munshi’s amendment will therefore confer greater power on the Governor than the Act of 1935 does. Now, it may be said that, even if the amendment is passed, it will still be possible for the Governor-General to decide finally whether the Governor’s action was justified. I submit, Sir, that the position of the Governor-General will be seriously prejudiced if the Governor takes action of a drastic character without waiting for his decision. If the Governor issues a proclamation assuming all the powers and functions of Government, it is obvious that if the Governor-General disagrees with him he will be forced to resign, but on the other hand, if the Governor-General owing to this consideration, desists from instructing the Governor to withdraw his proclamation he will place himself in a very difficult position. The will be acting against his own judgment and making himself responsible for the Consequences of a policy which he disapproves.Mr. Gupte thought that his amendment gave power to the Governor to act on his own initiative for a very short time, and that that was all the difference between his amendment and Clause 15 of the Report. This may seem to be a trifling difference to Mr. Gupte, but to me it seems to be a vital difference. If the Governor-General is really to be in a position to decide what action should be taken. I think it is imperative that the Governor should not be allowed to prejudice the position by over-ruling his Ministers and taking over all authority from them.
