of the State, and we are unable to imply, in the context, any restriction.
Practice of the British Parliament does not oblige us to place any implied
restriction. We notice that he British Parliament in one case validated he
election: (Erskine May's Treatise on the Law, Privileges Proceedins & Usage
of Parliament — Seventeenth (1964) Edition) —
“After the general election of 1945 it was found that the persons electd for
the Coatbridge Division of Lanark and the Springbourn Division of Glassgow
were disqualifid at the time of their election because they were members of
tribunals appointed by the Minister under the Rent of Furnished Houses
Control (Scotland) Act, 1943, which entitled them to a small fee in respect of
attendance at a Tribunal. A Select Committee reported that the
disqualification was incurred inadvertently, and in accordance with their
recommendation the Coatbridge and Springburn elections (Validation) Bill
was introduced to validate the irregular elections (H.C. Deb (1945-46) 414 c.
564-6) See also H.C. 3 (1945-46); ibid, 71 (1945-46) and ibid, 92 (1945-46).”
We have also noticed two earlier instances of retrospecive legislation, e.g.
The House of Commons (Disqualifiation) Act. 1813 (Halsbury Statutes of
England p. 467) and Section 2 of the Re-election of Ministers Act, 1919 (ibid,
p. 515).
Great stress was laid on the word 'declared' in Article 19(1) (a), but we are
unable to imply any limitation on the powers of the Legislature from this
word. Declaration can be made effective as from an earlier date.
The apprehension that it may not be a healthy practice and this power
might be abused in a particular case are again no grounds for limiting the
powers of the State Legislature.”
615. Another case on which a great deal of reliance was placd by Mr. A.K.
Sen was the case of the validation of the elections of John Clarke George,
Esquire, and Sir Roland Jennings, Knight, 1955 Law Reports Statutes 4 eliz
2 by the British Parliament. Here, the two gentlemen named above were
“discharged, freed and indemnifid from all penal consequences whatsoever
incurred by them respectively by sitting or voting as Members of the
Commons House of Parliament while holding their said offices.” It was also
declared that they “shall be deemed not to have been incapable of being
elected members of the Commons House of Parliament, or to have been or to
be incapable of sitting or voting as members thereof, by reason only of having
at any time before the passing of this Act held office :
“(a) in the case of the said John Clarke George as Director appointed by
the Minister of works of Scottish Slate Industries Limited.
(b) in the case of the said Sir Roland Jennings, as Approved Auditor
appointed under the Industrial and Provident Societies Act. 1893, and the
Friendly Societies Act. 1896.”
616. Learned Counsel for the election petitioner replied that it is
noticeable that no English case cold be cited where any attempt was made by
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