Prerogative of Mercy.

Oral Answers to Questions — India. – in the House of Commons at on 28 February 1921.

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Photo of Sir William Davison Sir William Davison , Kensington South

52.

asked the Prime Minister whether he will see that in the warrant of appointment to the new Viceroy of India the power of pardon in the case of political offences is reserved to His Majesty the King on the advice of the Secretary of State for India, in accordance with the old practice, so that assurances given to the House in these matters by the Secretary of State for India may not be nullified by the action of the Viceroy without consultation with or approval by the Imperial Government as was recently the case?

Photo of Mr David Lloyd George Mr David Lloyd George , Caernarvon District of Boroughs

The exercise of the prerogative has been vested in the Governor-General of India, on behalf of His Majesty, since 1914, to enable pardons to be granted in India by His Majesty's representative on the spot, and I see no reason for making any change. His Majesty's Government has every confidence in the use of his discretion by the Governor-General.

Photo of Sir William Davison Sir William Davison , Kensington South

Is the right hon. Gentleman aware that the Secretary of State for India in July last gave an assurance that an amnesty would be granted to certain political offenders in India, but that they would not be pardoned, and that recently the Viceroy pardoned these offenders, thus enabling them to sit on the new Councils? Was that done without the knowledge and the approval of the Secretary of State? Is that not undesirable, seeing that the Imperial Parliament is responsible for law and order?

Photo of Sir Harry Brittain Sir Harry Brittain , Acton

Are we not sending out to India a Viceroy with a great deal more knowledge of law than the Secretary of State?