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§ 422. “There shall be.”

The Constitution stops short of actually organizing an Inter-State Commission; it merely gives a definite direction to the Parliament that there “shall be” such a Commission. Until the Parliament provides for the number of members and their salary, the Commission cannot exist at all; and until the Parliament determines what powers of adjudication and administration are necessary to it, it can have no powers at all.




  ― 896 ―

The Parliament cannot, of course, be compelled—except by its constituents—to constitute a Commission, or to give it any powers when constituted. The imperative words of this section, however, receive some support from the fact that sec. 102 will be inoperative until such a Commission is constituted and given certain powers of adjudicating as to preferences and discriminations.

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