Civil disobedience -- India; India -- Politics and government -- 1919-1947
The doctrine has apparently made its way to this country from England. I
shall, therefore, refer to English history to find out the truth about
this doctrine. That history has recorded that most of the despots in
England who exercised arbitrary sway over the people proposed to act for
the good of the people and for the maintenance of law and order. English
absolutism from the Normans down to the Stuarts tried to put itself on a
constitutional basis through the process of this very law and order. The
pathetic speech delivered by Charles I. just before his execution puts the
whole doctrine in a nutshell. "For the people," he said, "truly I desire
their liberty and freedom as much as anybody whatsoever, but I must tell
you that their liberty and freedom consist in having Government, those
laws by which their lives and their goods may be their own. It is not
their having a share in the Government, that is nothing appertaining to
them. A subject and a sovereign are clear different things." The doctrine
of law and order could not be stated with more admirable clearness. But
though the English kings acted constitutionally in the sense that their
acts were in accordance with the letter of law and were covered by
precedents, the subjects always claimed that they were free to assert
their fundamental rights and to wrest them from the king by force or
insurrections. The doctrine of law and order received a rude shock when
King John was obliged to put his signature to the Magna Charta on the 15th
of June, 1215. The 61st clause of the Charter is important for our purpose
securing as it did to the subject the liberty of rebellion as a means for
enforcing the due observance of the Charter by the Crown. Adams, a
celebrated writer of English Constitutional History, says that the
conditional right to rebel is as much at the foundation of the English
Constitution to-day as it was in 1215. But though the doctrine of law and
order had received a rude shock it did not altogether die; for in the
intervening period the Crown claimed and asserted the right to raise
money, not only by indirect taxes but also by forced loans and
benevolences; and frequently exercised large legislative functions not
only by applying what are known as suspending and dispensing powers but
also by issuing proclamations. The Crown claimed, as Hallam says, "not
only a kind of supplemental right of legislation to perfect and carry out
what the spirit of existing laws might require but also a paramount
supremacy, called sometimes the king's absolute or sovereign power which
sanctioned commands beyond the legal prerogative, for the sake of public
safety whenever the Council might judge that to be in hazard." By the time
of the Stuarts the powers claimed by the Crown were recognised by the
courts of law as well founded, and, to quote the words of Adams, "the
forms of law became the engines for the perpetration of judicial murders."
Public-domain text, read in full here on John Shaqi.
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