HC Deb 09 December 1946 vol 431 cc760-2
79. Mr. Nicholson

asked the Undersecretary of State for India when the commission set up by the Bengal Government in September last to inquire into the August riots in Calcutta is expected to report; whether this commission, or any other, will also inquire into the disturbances in Eastern Bengal, in October; and whether the Government of Bihar will set up a commission to inquire into the disturbances of October and November in that Province.

Mr. Wyatt

On a point of Order, Mr. Speaker. As Provincial Governments exist in all these Provinces, is it in Order for Questions such as this to be put in this House?

Mr. Speaker

The point is that British troops must have been employed, and if one soldier is employed, then responsibility rests here, and the Question may be asked.

Mr. A. Henderson

I am informed that the Commission of Inquiry into the Calcutta disturbances is not yet able to forecast when its report will be ready. Its work is proceeding as expeditiously as possible, but there is still a large number of witnesses to be examined. The Commission's terms of reference cover the disturbances in Calcutta between the 16th and 20th August only. I am informed that the Government of Bengal do not intend that this or any other commission should investigate the disturbances in Eastern Bengal. As the House was informed on 4th November, however, two senior judicial officers of the Indian Civil Service were deputed by the Government pf Bengal to visit the areas affected and to report on what had occurred. I am informed that the Government of Bihar do not contemplate setting up a commission of inquiry into the recent disturbances in that Province.

Mr. Nicholson

Is the Under-Secretary aware that his reply will cause some anxiety in this country, because we in this House feel a sense of responsibility for law and order, owing to the terms of the India Act?

Mr. Henderson

Parliament has conferred the responsibility for law and order, under the 1935 Act, on the Provincial Governments, and it is not possible for His Majesty's Government to withdraw powers which Parliament has conferred upon Provincial Governments.

Mr. Nicholson

May I remind the Under-Secretary that there are special responsibilities attaching to the Governor?

Mr. Henderson

Yes, Sir, there may be a special responsibility in respect of a situation such as I described in a former reply where the security of the country is gravely menaced, but for all questions coming under the label of "law and order," it is the responsibility of the Provincial Governments and not of His Majesty's Government.

Mr. Nicholson

I would press this point, and ask the Under-Secretary whether he does not consider the state of law and order in these Provinces was very gravely affected indeed by the large number of subjects of the King Emperor who were massacred?

Mr. Wyatt

Is not the real point that unless the Governor decides to exercise his special responsibility, it remains entirely the responsibility of the Provincial Governments, and that the British Government have no power over them at all?

Mr. Henderson

I tried to make it clear that it is the responsibility of the Provincial Governments to maintain law and order. When conditions arise which infringe upon law and order, surely, it is the responsibility of the Provincial Governments to appoint, if they so desire, an investigation into the circumstances, which is exactly what they have done in Calcutta.

Sir Stanley Reed

Will the Undersecretary make it clear beyond doubt that so long as the Provincial Governments, with their power of Home Rule, function, responsibility for maintaining law and order is absolutely theirs, and that Parliament has no responsibility unless their administration breaks down?

Mr. Henderson

Yes, Sir, I think that is putting in another way what I have already said, that the primary responsibility lies with the Provincial Governments.

Mr. Nicholson

Surely, when the Viceroy and Governor intervene and British troops are employed—I am not alleging that they have or have not been employed—this House cannot acquit itself of a feeling of responsibility? It may be a remote responsibility, but I can assure the Under-Secretary that India regards this House as having some responsibility.

Mr. Henderson

I can only say that troops were asked for under the provisions of the criminal procedure code, which permits the civil authorities to ask the military authorities for assistance where the circumstances require. It is not a fact that the Viceroy has exercised his special responsibilities. Such action was taken in the normal way through the Provincial Governments.