The Nehru Report and Muslim Rights — Page 183
[ 184 ] have a11 the powers necessary and ancillary includin,g \ the power to suspend or annul the acts, executive and legislative, of a Provincial Government. '' (b) ·' The Supreme Court shall have no jurisdiction in cases where the Commonwealth Government or Parlia ment has acted in exercise of the po'\ivers under the pre ceding sub-clause. " (Ibid. , p. 36). The first part of this clause is attended with a danger of the gravest nature. That it invests the Central Gov ernment with the power and the right to suspend, alter or annul in cases of emergency laws, enacted by pro vincial governments, completely demolishes their inde pendent position. The rest of the clause, if couched in legal language so as to obviate the possibility of different inte. rpretations can be of substantial use and benefit. But the first part of it, I repeat, is extremely dangerous for the Muslims because the Hindu majority in the Central Government taking advantage of the words '' in cases of emergency '' would be free to interfere with the internal management of the provinces in which Muslims are in a majority and thus will seek to hamper and impede their progress and advancement. I, therefore, strongly object to this clause and suggest that the substance of the clause should be as follows:- (a) No Provincial Government shall have the power to frame laws calculated directly to affect the administration of any other pro. . vince or the lives of its inhabitants ; and if any Provincial Government frames any such laws, the Central Government shall have full authority to suspend or annul it. (b) But in all such cases the Provincial Govern ment thus affected shall have the right to