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Uoaerntnent o f .India A c t , 1935. Is26 -GBO.6 ,& 1 E d . 8.1

[CH.9.1
Bectiop.

Procedulte generally,
38. Rules of procedure.
39. English t o , be used in the Federal Legislature.
1 1

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40. ResZrictioris Gn discussion in .the Legisiature.

41. CoGrts not ;o inquire into proceedings of the Legislaturs.
CHAPTER IV.-LEGISLATIVEP O W E H ~ OF GOVERNOR-GENEBAL.
42. Power of Gover~or-General to promulgate ordinances during recess of
I
Legislature.
'
43.. Power of Governor-General to promulgate ordinances a t ally lime v;ith
respect to certain subjects. '
44. Power of Governor-General in certain circumstanc9s to enact Acts.
,
! ~O F ~FAILURB
~ ~ O~F , (?ONSTITUTIONAL
A$ACHI~'ERY,
CHAPTERv . - p ~ ~I N ~CASE
45. Power of Governor-Gerieral to issue Proclamations,
PAR'I' 111.-THE GOVERN,ORS' PROVTNCES.
CHAPTER I., THE PROVINCES.
1
461. Governors' Provinces.
$7. Provisions as t o Rerar
CHAPTER 11.-THE
PROVINGIALI
EXECUTIVE. '
r

overn nor.

T h e Governor.

48. Appointment of
'
49. Executive authority of Province.

i
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50.
51.
52.
53.
54.
55.
56.
57.
'58.
59.

Adnzinistration of Provincial Aff adrs.

Council of ministers.
i
Other provisions as to ministers. , '
I
Special responsiblities of Governor.
Provisions a s to Instrument of Instr~ictions. ,
Superintendence of Governor-General.
Advocate-General for Province.
Provisions :zs t o police rules.
P$ovisions as t o crimes of violence intended to-ohrthrow Govern~hent,
6
Sourcks of certain information not to be disclosed.
Conduct of -business of Provincial Government.
CHAPTER 111.-THE PROVINCIAL
.LEGISLATURE.
I

General.

Constitution of Provincial Legislatures. ,

61. Compositian of Chambers of Provincial' Legislatures.
62. Sessions of the Legislatore, prorogation and dissolution.
63. Right of Governor t o address, and send messages to, Chambers.
64, Rights of ministers and Advocate-General as respects Chambers.
65. Officers of Chambeys.
66. Voting in Chambers, power of ~ h a m i e r sto act ~ l o i ~ i t h s l a n d i nvacang
bies, and quorum.
fjO.

Provisions as t o Members of ,Legislatu~es.

67. Oath of members.

68. Vacation of seats. 69. Disqualifications for membershib.
70. Penalty for sitting and voting when not qualified, or when dikqua?ified.
71. Privileges,- &c.. of members.
72. Salaries a n d allowances of members. .

Legislatiye Procedure.
73.
74.
75.
76,
77.

~ n t r o d u c t i o hof Bills, R ~ c .
Passing of Bills in Provinces having ~ e ~ i s l a t i vCouncils.
e
Assent to k i l l e .
Bills r e s e r v d for consideration.
Power of Crown to disallow Acts.
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%29.'~1.oadbastin~.
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140. Ealt duties.. ekcise

-142A. Taxes op prof,ess

mevenlies.

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126 GEO. 5 & 1 EDW.8.1

Goventnzent of Indiu Act, 1935.

[FH. %;I

.
~ectio'i,
- 153. Previous sanction of Governor-General to 13gislation with respect tpr
Reserve Bank, ,currency aljd coinage.
154. Exemptidn of .certaiii pbblic property from 'taxathn.
154A. Exemptions from taxes on electricity.
t
155. E3~mption,of Provincial Governments and Rulers of Pederuted S 5 ~ t e s
in respect of Federal /taxation.
156. Adjustmenh ir?, respect. of certain expenses and pensions..
157. Duty of Federation and Provinces to supply Secretary of State with
funds.
158. Provisions as to relation of Burillu nlonet8r$ system with India.
159. Relief in respect of tax an income taxable both ,in India and Burzna.
160. Provisions as t o customs Qut'es on.India-Burma' tradk.
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C H A P T E ~11.-RORROY~INGAWD

AUDIT.
BOTTOW~~.
k 6 1 . Cessation of, borrowing by Secretary of State i n Council.
162. Borrowing by Federal Government.
,
t
, 163. Borrowing by Provincial Governments.
164. Loans by Federal Governmenb to Federated States;
,
165. Application of Colonial Stock .Ads to stocks issued by T.=&ratioa
Awdit and Accpunts.
166. Auditor-General of India.
167. Provincial Auditor-General.
168. Power of Auditor-General of India to give directions n s .to &ccounfk
169. Audit reports'.
I
. 170. Auditor of Indian Home Accounts.
171. Audit of accounts relating to the discharge of tde functions of &he
' Crown in relabion to Indian States.
a

CHAPTER 111.-PROPERTY, CONTRACTS,

-LIABILITIESAND SUITS.,
172. Vesting of lands and buildings.
173. Provisions ar t o other property.
- ,
174. Property accruing by escheat or lapse, or as bona v:icantia.
175. Power to acquire property and to make cantracts, &c.
176. Suits an$ proceedings.
177. Gxisting contracts of Secretary of State in Oouncil.
178. Special provisions as to. existing loans, guarantees and other firencia1
obligations.
179. Legal proceedings as to certain matterp.
180. Contracts in connection with functions of Crown in its relations with
Indian States.
PART V I I I . - 4 H E FEDERAII*RAILWAY AUTHORITY.
181. Executive authority in respect of railways to be exercised by Fedqral
Railway Authority.
. 182. Composition, &c., of Railway Authority.
183. ~ i h c t i o n sand prinqiplou to bc obscrvcd by Railway A~~thority.
184. Conduct 'of business between Railway Authoritv and Fedam3
Government.
185. Acquisition and sale of land, contracts and working agreements.
'
186. Finance of the- Railway Authority.
187. Provisions as t o certain obligations of the R a i I v ~ yAuthority.
188: Investment of 'funds of Railway Authority.
\,
189. Special provisions ak to certain existing funds.
190. Audit and annual reports.
' ' -191. Railway Rates Committee.
192. Bills and amendments for regulating rates aridfares to require recnm,
mendation of Governor-General.
193. Obligation of Railway Authority and Federated StAtes to afford
mutual traffic facilities and to avoid unfdir discrimination, &a.
- I

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[CH. 2.1
~ovcrnme-nt'of lndirr ~ c t 1935.
,
(26 FEU. 5 k 1 NDW. 8.1
.I
Modtion.
' 194. 'Appeal by stake to Hailway Tribunal' from qertain directions of
way Authority.
@
195. Construotion and' rqcopstruction of railways.
196. ~ l l a i l w aTribunal.
~
.
I
197. 'Rights of railway companjes in res;pect of arbitretior; Cinder 60ntracts.
198. Railways in' 111dianlStates which ,have not federated.
199. Official directors of 'Indian railway companies..
,
PART IX.-Tfi~ JUDICATURE.
I

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'CHAPTER I.-THE FEDERAL

COURT.
200. Establishment and constitution of Federal Court.
201. Salaries; &c., of judges.
20%.TemporAry appointment of atti$ Chief Justice.
203. Seat of Federal Court.
204. Original jurisdiction of Fgderal Court.
205. Appeliate jurisdiction of Federal Court in appeals from High Courts /
in British India.
206. Power of Federal Legislature to enlarge appellate juris8ictioll.
207. AppellSte jur,isdic,tion of Federal Court in appeals from High Oo
in Federated States.
I
208. Appeals to His Majesty in Council.
209. Form of judgment on appeal
- 210. Enforcement of decrees and orders of Federal Court1and 0rders.a
discovery, &c,,
211. Letters of request to Federated States.
'
(I
'
212. Law declared by Federal Court and Privy Council to be kinding
all , courts.
213. Power of Governor-General to consult Federal Court.
214.1Rules of court, ,&c.
215. Ancillary powers of Federal Court.
/
216. Expenses of Federal Court.
&217. Constrfition of .references t o High Courts in States.
218. Savings.
CHAPTER 11.-TIIE
HIGHCOURT^ IN RRITISHI N D ~,A .
,
218. Meaning of' "High Court".
t
, 2aQ. Con~titutionof High Courts.
221. Salaries, &c., oi judges.
222. Temporsry and additional judges.
223. Jurisdiction oi existing High Court's.
224. Administrative functions' of High Courts.
225. Tr8nsfer ~f certain cases t o High Court for trial.
226. Jurisdiction in revenue matters.
227. Proceedings of High Courts t o be in English.
- 228. Expenses of High Courts.
229. Power of His, Majesty to constitute or ;econstitpute High C ~ U
letters patent.
230. Extra-provincial juqisdiction of High Courts.
231. Saving and definitions.
I3ART X.-THE
SFXVICES O F THE CROWN IN 'LNDIA.
$

,P

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C ~ ~ A P T1.-DEF$NCE
E ~

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232.
233.
234.
235.
236.
237.
288.
239.

SERVICE'S..

l'ay, kc., o l Commander-in-chief .

Control of His Majesty as to-defence appointments.
Eligibility fox co~nrnissions in I n d i m Forces.
Contxol af Secretary of State with respect to 'conditions of hervice. !
Saving of rights, of appeal.
Pay, &c., of members of forces to be charged on Federal revenu&.
Provisipns as to, oertain civilian personnel.
Icing's India cadetships.
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[26 GEO'.5 &: 1 Eow. 8.1 ' Goirer,tment of -India Act, 1935. ,-.,,
[CH. 2.)
, GH&P,TER' 11.-CIV~L SERVICES.
General Provisione.
Section.
240. Tenure of office of
empioyed infcivil capacities in India.
,
241. Recruitment and conditions of service.
242., Application of preceding section Lo railway, custorns, postal and telegraph seivices, and officials. of courts.
243. Special provisions as to, police.
h'ec~uit?nemtb y S e c r e f a r ~of State and provisions es to certain pvsta.
244. Services recruited by Secretary of State.
,
2451. Special ,provision as to irrigktiion.
I
246. Rese~vedposts.
247. Conditiohs of sarvice, pensions, &c., ,of persons recruited by Secretmy
df State.
248. Rights, in respect of complaints, appeals, &c.
'
249. Compenshtion.
Provisions as t o persons appointed by Secretary of S t a t e in Council, parsone
holding reserved posts a d commissa%ned officers in c i ~ i 1emp1oy.ment.
250. Application of four last preceding-sections to persons appointed by
1
,
Secretary of State in Council, and certain other ger'sons.
bpacial provisions as t o staffs o f t h e Hibh Commissioner fot 'India and ths , ,
A ~ r d i t o r of I n d i a n H o m e Accounts.
251. Staff of High commissioner and Auditor of Ind@n Homeb %counts.
252. Conditions of service of existing staff pf High Commissioner m d Auditor ,
d Indian Rome Accopnts.
Special Provisions as to dudici'al Oficers.
253. Judges of' the Federal Court and High Courts.
254. District judges, be.
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Y:I
255.
Subordinate
civil
judicial
service.
i;
tt
256. Suhordinzte criminal magistracy.
Special Provisions a8 t o political Depart~cnt.
I'
257. Officers of political department.
Provisions for t h e ~;otedtion,of certain esi8ting BfFcars:
! , 258. Provisions for protection of existing 0ffiCeTS of certain Servicgs.
259. Provisions as to certain persdns serving in or before, 1924.
I,
260. General provisions as t o persons retiring before comman~errient of
'
Part TJI.
Miscellaneous.
261. Secretary of Stato to act with concurrencet of his advisers.
262. hliaibility,for office of persons who are not British subjects.
268. Joint services and ?posts.
CEAPTEE 111.-P"BLIC
SERVICECOMMISSIONS.
264. Public Service Commissions.
265. Composition and staff of Commissions.
266. Functions ;,f Public Service Cormnissions.
267. Power t o extend functions of Puhlic Service Commissions.
268: Expenses gf Public Se~vice Commissions.
CHAPTER IV.-CIIAPLAINS.
268. Provisions as to chaplains.
3
CHAQTER v .-GENERAL.'
2'70. Indemnity for past acts.
271. Protgctioii of public servants against pros'ecution and' suits.
272. Provisions as to payment of certain pensions and exem tion of tgose,
-,
?
pensions from taxation in India.
273. Brovisions 38 to family pendon funds.
274. Saving for certain Funds Acts.
vii
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2.1

qovbmnmant of ~ h d i h - ~ c1935.
t , - [26 GPO. 6 6 1 ED-.8.

Hection.
275. Persons not to be disqualified by sex for'h6ldi~gcertaid &ices. ' - '
276. Transitional provisions.
,
, 277. -$nte~pretqtion,&c.
PLRT XI.-THE SECRETARY OF STATX, RIS ADVISERS AND HCS
DEPARTMENT.
278. Advisers to Secretary,-of State.
279. Existing accounts of Secretary of State 'in Council with R a ~ kof
England.
. 280. organisation and expe,nnses of India Office.
281. Transfer of existing personnel.
282. Contributions fram revenues of Ipederation.
283. Liavlity for penniona'in respect of service before cornmencn1r:er~t
6f'
\
Part 111.
\
4
284. Provision M to certain India O@ce provident funds.
2848. Confirmation of appointments to India Offlce staff aud s t ~ f fof Auditor'
of Indian Home Aceounts.
PART XI1.-MISCELI$NEOUS
'AND GENERAL.
The C1.0wn and the Indian States. .
285. Saving for ,rights and obligations of the Crown in its relations with
I
Indian States.
286. Use of Ris Majesty's forces in connection with discharge of the functiofis of the Crown in its relations with Indian States.
287. Mrangements for Govanors and Provincial staff to assist in discharging function8 of Political Department.
Ad-en;
288. Aden.
New Provinqes and alterations of boundaries of $'rovincsd/
289. Creation of new Provinces of- Sind a.nd Orissa.
290. Creation of new Provinces and dt,eration~of boundaries of Provinoes.
Pmanc hisa.
' - 291. Power of His Majesty to make provision with respect to franchises and
elections.
Provisions as to certain legal matters.
292. Existing law of India 'to contiiue in force.
293. Adaptation of existing ,Indian laws, &c. '
294. Foreign juriediction.
295. Provisions as to death sentences.
296. Courts of appeal in revenue matters.
297. Prohibition of certain restrictions on internal trade.
298. Persons not to be subjected to disabilitp by reason of race, religion, Co- ' 299. Compulsory acquisition of land, 6c.
300. Protection for certain rights, privileges and, pensions.
301. Repeal of s. 18 of 21' Geo. 3. c. 70 and s. 12 of 37 Geo. 3. c.#142.
High Commissioner.
302. High Commjssiuner for 1$din.
\
Gene~alProvisions.
303. Provisions as to Sheriff of Calcutta.
304. Persons acting as Governor-General or Governor.
305. Secretarial staffs of Governor-General ,and Governor.
'
3058. Provisions as to pensions of H ~ m e ~ g i vservant#
il
appointed to officels
in India.
306. Protection of d o v e ~ n o r - ~ e n e r aGovernor
l,,
or Secretsq of skate.
307. Removal of certain disqualifications on .the.occasion of khe first e l e e
tions tb Legislature.
308. Procedure 8s respects propogals for, aniendment of certain provisioh
of Act and Orders in Council.
*,
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[CH. 2.3
section.
309. Orders in Council.
"
310. Power of E s Majesby in Council tq remover difficultiee.
Interpretation.
311. Inherpretation, &c.
d
D A D m VTTT
TRAhT.S
r n s b s a,,,.-,aw,,,.dITIO?U'BL
PROVISIONS.
/
312. Operation of Part XIII.
313. Exqutive Government.
314. C6ntfol of the Se%retary of State.
315. Sterling losus.
,
316. LegislGture.
347. Continuance of certain provisions of Government of 11idia Act.
318. Provisions as to Federal Court and certain other Federal authorities.
319. Rights and liabilitiei of Governor-General in Council and Governor. General to-continue after establishment of Federation.
PART XIV.-COMMENCEMENT, REPEALS, &c.
320. Commencement.
321. Repeals.
'
SCHEDULES
:
FIRSTS C H E D U L E . - C O ~ P O Sof~ ~the
~ OFederal Legislature.
SECOND
S c ~ E ~ u ~ E . - P r o v i ~ i oofn ~this Act which may be arnekied without+,
affecting the Accession of a S,tate.,
THIBD S ~ ~ ~ ~ u L ~ . - P r o v i s ias
o nto
s Goyernor-General ' and Governord of?
' Provinces.
FOUBTH
SCHEDULE.-FO~~S
of Oaths or Affirmations.
FIFTHS ~ H ~ ~ ~ ~ ~ . - C o r n p oof
~ iProvincial
tion
Legislatures.
1
BIXTE ~ c ~ ~ ~ u ~ ~ . - ~ r o vasi s to
i o Franchise.?
ns
S C ~ ~ ~ u ~ ~ . - L e g i s 1 a tLists.
ive
SEVENTH
EIGHT^ s c n E ~ u ~ ~ . - T hFederal
e
Railway Authority.
NINTH S ~ ~ ~ ~ u ~ ~ . - P r o v i ofs i oGovernment
ns
of India Act contihued hi
force with Am$-ndrnet until the establishment of the Federation.
TENTHS ~ ~ E ~ ~ L ~ . - E n a c t m erepealed:
nts
126 GEO.5 & 1 EDW.8.1 Gouemment of lndia Act, 1935.

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' ( b ) such other powers. of is &I

the .exercise of t h e functions of the
aspHis Majesty m3y Ec. plea.sed to %
, (2) H i s iVIpjesty's Representative
Crown in its re!ations with Indian

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[CH. 2.1 ,
5 & 1 EDW.8.1 Govern?nent of India Act, 1935.
$rovided that after tLe estsblishment "of the ~ e d i r a t i o n ,if an); Instrunleqt
has i~ fact been accepted by W s h$nje'sty, the validlty of thiti instrument or
-of any
its provisions shall n6?? be -called in question and the provisious of this Aat shali, in relation, to the State, have effect subjeet to the pro.c'lsigns of
the Instrument.
e,
bo 54 term of every Instrument of Accession_that tlle provisione
(5) It
of this Act mentioned in ,the$Second Schedule thereto may, without affecting
the acckssion of iha State, be amended by or ,by. authority of Ps~ljament,Lut
no such a111endm6ht shal1,~unlessi t is accepted by the ~ u q e rIn a supplementary Instrurnent, be construed as extendiiig t h e functions 'which by virtue of
the Instrument are exercisable by His Majesty or any Bederal Authority in
relation to the S t a b .
.
(6) An Instrument of Accession or supplementary Instrument shall not be
yalid unless it is beouted b y the Ruler hihise1fi but, subjzct as i~foresaid,
,
references in this Act t o the_ , Ruler of a Statt! include retcrences to any
grrsons for the time ljeing exercising the powers of t h e U I J of
~ ~ the Sxate,
whether by reaBon o: Ghe Ruler's minority or for any other reason.
(7) After the e~tablishmentof the' J?e$era%ion the request of a Ruler that
Ms State may be adrnilted to the Federation shall be thnsmiLted to' His
Majesty through t h t Governor-General, and after the expirakiolz: of, t~wenty , '
years from the establishmen$ of the Federation the Govenlor-G~uernlshall I : O ~
transmit to His Majesty any such request until there has been presentotl t.3
3im by each Ch9amber of the Federal Legislature, for ,submi~s\on to E i s
Majesty, an address praying that His Majesty map be pleased to admit thb
I
'
State, into the Federation.
*z
(8) I n this Act a S t a b which has acceded to the ~ederation,is referrld to
a s a Fedefated &ate, and the Instrument by &tue of which 3 State has SO
acceded, construed together with any supplementary Instrument esecuted
under this section, is referred to as the Instrument of Accession c,f that State.
(9) As soon as niay be after any Instrument of Accession or t;upp!cnlentary
Instrument has bedn accepted by His Majesty under this section, copias of
the Instrument and of His Majesty's Acceptance thereof shall be h i d beforef
Parliament, and all courts shall take judicial notice of every such 'Instrument
and Acceptance.
'P
CnAPTEn 11.-THE
FEDERAL EXECUTIVB.
The. Gouemor-Genc~al.
7 . Pz:nctions of Godentor-Geners~Z.-(1) Subject to the provisions of this
Act, the >executive authority of the Federation shall be exercised 011' behalf of
His Majesty by the Governor-General, either, directly or through o f i c e ~ sauboffdinate to E m , Sub nothing in this section shall prevent the Ferleral Legislature from conferring functions upon subo~dinateauthorities, or be denneci t o
transfer to the Governor-General any functions conferred by any crist.ing Indian
law on any court, judge or officer, or on any local or other a'uthority.
(2) Referenem in this Act to the functions of the Governo:-General shall be
construed as references to his powers land duties in th'e exetcist: of the executive authority nf {,heFederation and to any other powers and dlitibs conferred
or dmposedt on him as Governor-General by or under (,his Act, other than
powers exercisable b;: him by reason that they have been assigned to him by,
,
His Majesty under Part I of this Act.
(3) The provisions of the Third Schedule to this Act shall have effect with*
respect to the salary and allowances of the Governor-General and the I;rovi-'
sion to be made for ent~bling-him 60 discharge conyenie~tlyand with dignity
the duties of his office.
8. Iihtenl of esecutive authority of tlze Federation.-(1)
Subject fo th
provisions of this Act, the executi? authority of the Federation exte*~
(a) t o the matters with rcspoct to which the Federal Legislature has powe
to make laws;
( h ) to the raising in British India on *behalf 'of His Majesty of nav
military and air forces arld to the gove.mance of His Majesty's forces bor
OII the Indizsn ,establishment ;
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Goverlament of ~ h d i aAct,
,
1935. 128 GEO.5 & 1 E!Dw,
( c ) to the exercise bf such rights, authority, and jurisdiction as are exer
able by His Majesly by treaty, grant, usage; suiferance, or otherwise in a
in relation t o the tribal areas:
Provided that-(i) the said authority4does not, save as expressly provided in this AG
e x t w d in any Province td matters with respect to which the Provincial Legi
latute has'power to ma$e laws;
(I?) the said authority does not, save as exp%essly provided in this Act
extend in any Federated State save to matters with r,espect to which t h
F e d e r d -I+egislature has power to illake laws for that State, and the exercis
thkreof in each State shall -be subject to such limitations; if any, as may b
specified in t h e Inst9ument of Accesbion of the State;,
(in) the said authority does not extend to the enlistment or emrolrnent in Ian
forces raised in India of ally person unless he is e i t h ~ ra' subject of His Majesty
I
or a native of India or ofsterritori~sadjacent to India; and
(iv) commissions in any such force shall be gbanted by His Majesty save in so
far as he may be pleased to dblegate' that power by virtue of the provisions of
Part I of this Act or othc~*wise,
(2) Th'e executive nutl~orityof the.Ruler of a Fe$.emCed State shall, notwith-'
standing anythiiig in this section, continue to be exercisable in that Stute with ,
respect to matters with respect to which the Federal. Legislature 'has pourer to
make laws for that State except in so far as the executive authority of the Federa-<
tion becomes exerclsnble in the State todhe evclusioil of the executive authority ;'
,
,
.of the Euler by virtue of a Federal law.

[CH. 2.1

A d m i n i s t ~ o t z o n of Pederai, Alffairs.
9. Council of ministers.-(1) There hall be a council df ministers, not exceedi n g , t e ~in
i number, to aid and advise the Governor-General in the esercise of his
functions, except in so far as lie is by or undel' this Act, required to eserl;ise his
funoi.ions or pny of t.hem in his discretion:
Provided that nothing in this sub-section ehall, be construe$ as preventing
the Governor-General from exercising his individual judgment in any case where
1):i or under this Act he is required so to do.
(2) The Gorernor-General in his discretion may preside a t meetings of the
counbil of mi:~ist~ers.
8 .
, (3j Lf any question ayises whether any matter is or is not a matter as respec:ts
which the Governor-General is by or undkr'this Act required to acb in his discretian or to exercise his individual judgment, the decision of the Governor-General
in his discret.ion shall be final, and the validity of anything ddne by the QovernorGeneral shall n'ot be called in question on the ground that he ought or ought not
to have nct,ed in his iliqcretion, or ought or ought not to have exercised his indixidual judgment.
10. 0 t h ~
provisions
~
as to mSnistsrs.-(1) The Governor-General's ministers
shall bc choacn and summoned by him, shall be sworn ns menibere of the council,
and shall hold ofice during his pleqqure.
(3) 14 minister who for any period oft six consecutive ~nonthqis not u pernbar of either Chamber n! the Federal Legislature shall a t the expiration of that
,
period cease to be a minister.
(3) The salaries of ~ninistersshall be such as the 'Federal Legislature !nay
from time to time by Act determine and;until the Federal Legislature so det,ermine, shall be detertnined by the Governor-General:
Provided that t h e salary of a minister shall not be varied during his term
of office.
(4) The question whether any and, if so, what advice was tenderedm by
ministers to the Governor-General shall not be inquired into in any courj.
( 5 ) The functions of the Governor-General, with respect to the choosing and
summonjng and the dismissal of ministers, and with respect t o the determination
of their salaries, sliall be exercised by him in his discretion.

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