HC Deb 09 April 1935 vol 300 cc1033-5

5.47 p.m.

Sir WILLIAM WAYLAND

I beg to move, in page 160, line 34, to leave out from "Act," to the end of the Subsection.

The number of murders committed in India in proportion to the population is very much higher than in this country, arid, I believe, than in any other part of Europe. Perhaps, among other parts of the world, the United States may come close to India in this respect. The usual way of dealing with the question of whether a murderer should be respited and his sentence commuted is by the advice of the responsible Minister to the Crown, or to the President of the Republic, with the exception, again, of the United States, where the Governor exercises his unfettered decision. India presents a picture different from Europe. There are the two races, the Hindus and the Mohammedans, of different religions and hating each other. If the Governor-General had to be advised by a Minister and that advice was accepted, it follows in the natural course that there might be grave dissatisfaction, or even tumult and the loss of lives. The Governor-General should be the only one to exercise a decision in regard to the commuting of a sentence, and his decision should be absolutely unfettered. He should not act, unless he decides to do so, upon the advice of his Ministers.

The CHAIRMAN

I am very sorry, but there appears to be no question of the Governor - General's discretion involved in the hon. and gallant Member's Amendment and so I do not understand how his speech applies to the Amendment.

Sir W. WAYLAND

I may be stupid, but that is my construction of the Clause. I am moving to leave out, in the latter part of Sub-section (1), the words: but save as aforesaid no authority in India outside a Province shall have any power to suspend, remit or commute the sentence of any person convicted in the Province.

The CHAIRMAN

Is the hon. and gallant Member moving to leave out those words?

Sir W. WAYLAND

Yes, Sir.

The CHAIRMAN

I shall put the Amendment as he has moved it, but I do not see that the Amendment has anything to do with taking away from the Governor-General any necessity for his being advised by anybody else.

Sir W. WAYLAND

I wish to leave out all the words after "Part III of this Act." Then the Governor-General would have in his discretion all such powers of suspension, remission or commutation of sentence as were vested in the Governor-General in Council immediately before the commencement of Part III of this Act.

The CHAIRMAN

Perhaps I am mistaken on my part.

Sir H. CROFT

What authority in India outside a Province other than the Governor-General is there?

5.52 p.m.

The ATTORNEY-GENERAL (Sir Thomas Inskip)

My hon. Friend who moved the Amendment is still under a little misapprehension. Possibly he is thinking that the words he proposes to leave out deal with another thing. The purpose of the earlier part of the Sub-section is to provide that in future, subject to one change, the Governor-General shall deal with the question of suspension, remission or commutation of death sentence. The change made is that in future he will deal with that matter in his discretion instead of dealing with it as the Governor-General in Council.

Sir W. WAYLAND

In his unfettered discretion?

The ATTORNEY-GENERAL

In his unfettered discretion. My hon. Friend wants to leave out anything to do with the death sentence, but the words have to deal with other matters which are not provided for in the last part of the Clause. The last three lines which he wants to leave out provide that except in the case of death sentence, no authority in India outside a Province shall have any power to suspend, remit or commute the sentence of any person convicted in the Province. In other words, provincial councils shall be the final authority to deal with commutation, remission or suspension of sentence, except in death sentence, and therefore my hon. and gallant Friend's object will not be effected by leaving out these words. His object is perfectly secure by the earlier words provided in the Clause which he does not want to leave out. I think that also answers my hon. and gallant Friend the Member for Bournemouth (Sir H. Croft).

Mr. H. WILLIAMS

I would like to ask the learned Attorney-General what is intended. I am wondering whether it is true to say that the Governor-General is a person who is an authority outside a Province. I should have thought that in certain respects the Governor-General could not be regarded as outside a Province, because he is in every Province in a certain sense. I am wondering whether the words carry out what the Government intend. I should have thought that the Governor-General would be regarded as a person having authority in every part of India under the Federation.

The ATTORNEY-GENERAL

I think the words deal with the point in question, but, on my hon. Friend's authority, further inquiry shall be made into the question.

Sir W. WAYLAND

I beg to ask leave to withdraw the Amendment. In doing so I would suggest that these Clauses should be written so that the ordinary layman can understand them.

Amendment, by leave, withdrawn.

Clause ordered to stand part of the Bill.