I now come to clause 3 of the Bill. This amendment is considered necessary on account of the provisions of sub-section (3) of Section 61 of the Government of India Act, according to which the Legislative Councils of the provinces of Madras, Bombay, United Provinces and Bihar are permanent bodies subject to the condition that, as near as may be, one-third of the members of the Councils should retire every third year. The retirement under these provisions was due in United provinces in September last and the elections have already taken place there, but in Madras, Bombay and Bihar they are to take place in March or April. It is considered by those Governments that in view of the likelihood of the new Constitution coming into force in the near future elections for the Upper Chamber which would become necessary by retirement should be avoided. In these circumstances, we have considered it necessary to take powers to extent the terms of office of members of the Councils who may be due to retire under sub-section (3) of Section 61 of the Government of India Act.
