I am confining this, Sir, to the power to grant pardon in cases of death sentences passed in a Province. I would be glad to extend this power even to cases of death sentences passed in a State. Death sentences are being abolished in various countries in the world. In Norway, Capital punishment has been done away with. Even in such a country as Russia where we heard a long time ago of blood baths, they have also abolished capital punishment. All progressive countries in the world have altogether abolished capital punishment. Under the existing Government of India Act the Governor-General is entitled to pardon concurrently with a Governor in all cases of death sentences. In other cases it is the exclusive right of the Governor in all Provinces to condone or reprieve or grant pardons in any manner under the ordinary Criminal Law. The Governor-General can interfere only in cases of death sentences. It was before the 1935 Act was passed that the Governor-General couldinterfere in all cases of punishment in a like manner as the Governor was entitled to exercise his right of pardon. But after the 1935 Act, to make Provincial Autonomy perfect the right of the Governor-General to have concurrent jurisdiction in respect of pardon was taken away except in the matter of death sentences. That alone was preserved. Now under the draft amendment that has been placed before this House by Sir N. Gopalaswami Ayyangar, no right to pardon has been conferred upon the President except in matters exclusively within the competence of the Federation, i.e., wherever the Federal Legislature may pass a law. In those subjects alone the President has been given power to pardon. This is, no doubt, an improvement over the 1935 Act. But in the matter of granting pardon in the case of death sentences, wherever convictions might have been given, that right of pardon has been taken away. Life sentence is a very serious one and therefore there must be another agency also to consider if there are any cases in which pardon should be exercised. There may be some doubt if the President were an appellate authority in certain matters. There is no question of appellate jurisdiction of the President. He has concurrent jurisdiction. If is open to the Governor himself to grant a pardon. If he does not the President will exercise Ins right to grant a pardon. where the pardon is granted by the Governor, the President has no right to revoke that pardon and then convict him. I am trying to disabuse or remove certain doubts that might remain in any quarters. in criminal cases, if a man is granted pardon by the Governor, he goes scot-free. If it is not granted by the Governor, then he has a chance to go to the President who can interfere and exercise the right of pardon in cases of death sentences. I hope the House will kindly accept this amendment which tries to incorporate in this amendment of Sir Gopalaswami a power which is now being exercised by the Governor-General.
