HC Deb 05 March 1923 vol 161 cc7-9
9. Colonel WEDGWOOD

asked the Under-Secretary of State for India whether Indians convicted under Section 126 of the Indian Penal Code are debarred from standing for the Indian Assembly and Legislatures; whether this restriction upon the choice of electors is also being considered for revision before the elections; and, in particular, will he make inquiries from India as to whether C. R. Dass, Motilal Nehru, Lajpat Rai, Dr. Salijapal, Dr. Munshi, of Nagpur, and Jewhavilal Nehru arc debarred, and are to remain debarred, from standing for the councils next December?

Earl WINTERTON

I do not think that any of the gentlemen named were guilty of the offence with which the hon. and gallant Member seems to charge them, that of depredation on the territorries of a friendly Power. The hon. and gallant Gentleman is no doubt aware of the nature and scope of the restrictions on candidature arising from criminal convictions, which are imposed with the approval of this House. It is not proposed to abrogate this rule, and I see no ground for inquiry whether the persons named in the question are or are not debarred from candidature by its provisions.

Colonel WEDGWOOD

Does that mean that the Noble Lord will not make inquiries as to whether they are debarred or not?

Earl WINTERTON

I informed my hon. and gallant Friend, in answer to a similar question last year, that I was not prepared to recommend to my Noble Friend that the removal of this bar should be effected.

Colonel WEDGWOOD

But is the Noble Lord aware that conviction under certain paragraphs does not debar people from standing, whereas conviction under certain other Acts does debar them from standing, and are we to understand that the India Office will not make inquiry as to whether these very distinguished politicians are or are not debarred from taking part in the elections next December?

Sir HENRY CRAIK

Before the Noble Lord answers that question, may I ask him if he is not aware that this matter was very fully considered by the Joint Committee of Lords and Commons, and was decided on the lines laid clown in Parliament?

Earl WINTERTON

I am fully aware of what my right hon. Friend says. That is one of the reasons why I have refused to take action. As regards the question put by the hon. and gallant Gentleman, if he wishes inquiry to be made of the Government of India by telegraph I have no doubt my Noble Friend will carry out the request. It seems to me it is a matter which the solicitors of these gentlemen in question can easily ascertain by looking up the Act.

Captain O'GRADY

Has there ever been a criminal conviction against Lajpat Rai, and, having regard to the fact that he has been convicted of political offences, is he to be debarred from standing for the Council next December?

Earl WINTERTON

If he has not been condemned under Statute which does debar him, then he will be able to stand. If he has been, then he will not be able to stand.

Colonel WEDGWOOD

Will the Noble Lord find out?