Civil disobedience -- India; India -- Politics and government -- 1919-1947
I have dealt with the question at some length as the question is a vital
one and there are many Moderates who still think that it is the duty of
every loyal subject to assist the Government in the maintenance of Law and
Order. The personal liberty of every Indian to-day depends to a great
extent on the exercise by persons in authority of wide, arbitrary or
discretionary powers. Where such powers are allowed the rule of law is
denied. To find out the extent to which this exploded doctrine of Law and
Order influences the minds of sober and learned men we have only to read
the report of the Committee appointed to examine the repressive laws. You
will find in the report neither the vision of the patriot nor the wisdom
of the statesman; but you will find an excessive worship of that much
advertised but much misunderstood phrase "Law and Order." "Why is
Regulation III of 1818 to be amended and kept on the Statute Book?"
Because for the protection of the frontiers of India and the fulfilment of
the responsibility of the Government of India in relation to Indian States
there must be some enactment to arm the executive with powers to restrict
the movements and activities of certain persons, who though not coming
within the scope of any criminal law have to be put under some measure of
restraint. Why are the Indian Criminal Law Amendment Act 1908 and the
Prevention of Seditious Meetings Act 1911 to be retained on the Statute
Book? For the preservation of law and order? They little think these
learned gentlemen responsible for the report that these Statutes, giving
as they do to the Executive wide, arbitrary and discretionary powers of
constraint, constitute a state of things wherein it is the duty of every
individual to resist and to defy the tyranny of such lawless laws. These
Statutes in themselves constitute a breach of law and order, for, law and
order is the result of the rule of law; and where you deny the existence
of the rule of law, you cannot turn round and say it is your duty as
law-abiding citizens to obey the law.
Public-domain text, read in full here on John Shaqi.
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