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The Empress vs Burah And Book Singh on 26 March, 1877

46. Section 22 of the Indian Councils Act, 1861, enacts that the Governor-General in Council shall have power to make laws for all persons and for all places and things in the Indian territories. But the plaintiffs relied upon the proviso that the Governor-General in Council shall not have the power of making any laws which may affect the authority of Parliament. How does the Crown Grants Act affect the authority of Parliament? The prerogative of the Parliament remains unaffected" and notwithstanding the Act, it can create estates unknown to the law. Further, if the Parliament itself could have passed the Statute, why should not the Indian Legislature created by an Act of the Imperial Parliament, have the same power? As observed by their Lordships of the Judicial Committee in Empress v. Burah 4 C. 172 at p. 180 : 5 I.A. 178 : 3 C.L.J. 197 : 3 Sar. P.C.J. 834 : 3 Suth. P.C.J. 556 : 2 Ind. Jur. 618 : 2 Shome L.R. 63 : 2 Ind. Dec. (N.S.) 110 (P.C) the Indian Legislature has powers expressly limited by the Act of the Imperial Parliament which created it and when acting within the limits prescribed, it has plenary powers of legislation, as large, and of the "same nature as, those of Parliament itself.
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