JUDGMENT

Allsop, J. - The question which we have to answer is whether the Governor-General had power validly to enact Section 2 of ordinance 14 of 1943. His powers of legislation are derived from the provisions of Section 72 set out in Schedule 9, Government of India Act, 1935. These provisions as amended are as follows:

The Governor-General may in oases of emergency make and promulgate ordinances for the peace and good government of British India or any part thereof and any ordinance so made shall have the like force of law as an Act passed by the Indian Legislature; but the power of making ordinances under this section is subject to the like restrictions as the power of the Indian Legislature to make laws; and any ordinance made under this section is subject to the like disallowance as an Act passed by the Indian Legislature and may be controlled or superseded by any such Act.

There is a provision in the India and Burma (Emergency Provisions) Act, 1940, that the Governor-General shall not be subject to certain restrictions imposed on the Indian Legislature but it is sufficient for the purpose of this judgment to point out that the powers of the Governor-General are at least as great