Civil disobedience -- India; India -- Politics and government -- 1919-1947
We have had abundance of this law and order during the last few years of
our National History. The last affront delivered to the nation, was the
promulgation of an executive order under the authority of the Criminal Law
Amendment Act making the legitimate work of Congress Volunteers illegal
and criminal. This was supported by our Moderate friends on the ground
that it is the duty of the law-abiding subject to support the maintenance
of law and order. The doctrine, as I said before, has travelled all the
way from the shores of England. But may I ask--is there one argument
advanced to-day by the Bureaucracy and its friends which was not advanced
with equal clearness by the Stuarts? When the Stuarts arrogated to
themselves a discretionary power of committing to prison all persons who
were on any account obnoxious to the Court, they made the excuse that the
power was necessary for the safety of the nation. And the power was
resisted in England, not because it was never exercised for the safety of
the nation, but because the existence of the power was inconsistent with
the existence, at the same time of individual liberty. When the Stuarts
claimed the right to legislate by proclamation and by the wide exercise of
suspending and dispensing powers they did so on the express ground that
such legislation was necessary for public safety. That right was denied by
the English nation, not because such legislation was not necessary for
public safety but because such right could not co-exist with the
fundamental right of the nation to legislate for itself. Is the power of
the Governor-General to certify that the passage of a Bill is essential
for safety or tranquility or interest of British India, any different from
the power claimed by the Stuarts? There is indeed a striking resemblance
between the power conferred on the Governor-General and the Governors of
the provinces and the powers claimed by the Tudors and the Stuarts. When
the Stuarts claimed the right to raise revenue on their own initiative,
they disclaimed any intention to exercise such right except "when the good
and safety of the kingdom in general is concerned and the whole kingdom is
in danger." That right was resisted in England, not because the revenues
raised by them were not necessary for the good and safety of the kingdom,
but because that right was inconsistent with the fundamental right of the
people to pay such taxes only as were determined by the representatives of
the people for the people. Is the power conferred on the Governor to
certify that the expenditure provided for by a particular demand not
assented to by the legislature is essential to the discharge of his
responsibility for the subjects, any different from the power claimed by
the Stuarts? It should be patent to everybody that we do not live under
any history of England as proclaimed that it is idle to talk of the
maintenance of law and order when large discretionary powers of constraint
are vested in the executive.
Public-domain text, read in full here on John Shaqi.
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