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if the States took objection to such amendments and said, “We are going to stand on our rights on this point as affecting the validity of our Instrument of Accession.” It is right that any matter which really affects what I may call the general balance of powers, the questions of the reservation of subjects of executive control and of matters which can be dealt with by the GovernorGeneral in his discretion, matters which are vital to the architecture of the Federation to which the States are asked to accede, should not be amended without their assent.
“The whole area of the special powers vested in the Governor-General is one of the essential features of the Federation. That is one part where the States are entitled to say ‘That is a change’ or ‘That is altered’. But this does not in any way check for all time the development of India. These are to be the subjectmatter of negotiations with the States, because, in effect, they will produce a Federation of a different kind from that to which the State has acceded.”
Therefore to the question what would happen if Parliament did make such changes which by virtue of Schedule II are treated as changes which will affect the Instrument of Accession the answer is that the Princes will get a right to walk out of the Federation. In other words, the consequence of any such change would be to break up the Federation.
What are the changes which cannot be made without affecting the Instrument of Accession ? I will draw your attention to some of the provisions which Schedule II says cannot be amended by Parliament without affecting the Instrument of Accession. According to Schedule II no changes in the Constitution can be made which relate to (1) the exercise by the GovernorGeneral of the executive authority of the Federation ; (2) the definition of the functions of the Governor-General ; (3) the executive authority of the Federation ; (4) the functions of the Council of Ministers and the choosing and summoning of ministers and their tenure of office ; (5) the power of the Governor-General to decide whether he is entitled to act in his discretion or exercise his individual judgment ; (6) the functions of the Governor-General with respect to external affairs and defence ; (7) the special responsibilities of the Governor-General relating to the peace and tranquility of India or any part thereof ; (8) the financial stability and credit of the Federal Government;
(9) the rights of the Indian States and the rights and dignity of their Rulers;
(10) the discharge of his functions by or under the Act in his discretion or in the exercise of his individual judgment ; (11) His Majesty’s Instrument of Instructions to the Governor-General ; and (12) the superintendence of the Secretary of State in the making of the rules for the Governor-General in his discretion for the transaction of and the securing of transmission to him of information with respect to, the business of the Federal Government.