Sir, this amendment practically repeats what is contained in Section 124 of the Government of India Act, 1935. Clause 1 which has been moved was intended to give the substance of Section 124. There are however two points which have been mentioned by the mover and the supporter of this amendment which deserve some examination. The first point, as I understood it, was that the devolution of functions of administration in relation to federal subjects upon provinces or States should be with the consent of the governments of those provinces or States. The second point was that the designation of the officers of an Indian State who are to exercise the authority devolved upon them by the Federal Legislature should be by the Ruler or with his consent. I may at once say that whenever there is a proposal to devolve functions of this sort either on provincial or State Governments, or the officers of those Governments, there is bound to be previous consultation between the Centre and the Units concerned. We have got to recognise the fact that, after all, the functions proposed to be devolved are functions in relation to the administration of federal subjects. The authority for providing for executive administration of federal subjects has to be the Centre finally. We could provide for consultation, but I think, Sir, it would be going against the root principles of the exercise of executive authority in relation to Federal subjects if we stipulate that the consent of the Unit Government or the head of that Unit Government should be a condition precedent to such devolution. The substance of what the amendment wants will certainly be recognised by the future Federal Government. Before such devolution is made either by executive action or under federal laws, the fullest consultation win take place between the Centre and the Unit. I am, therefore, Sir, not in a position to recommend the acceptance of this amendment.
