Great Britain -- Colonies -- Asia -- Administration; India
Last Monday, what is called a Press Act, was passed by the Government
of India, in connection with, and simultaneously with, an Explosives
Act which ought to have been passed, I should think, twenty years ago.
What is the purport of the Press Act? I do not attempt to give it
in technical language. Where the Local Government finds a newspaper
article inciting to murder and violence, or resort to explosives for
the purposes of murder or violence, that Local Government may apply to
a Magistrate of a certain status to issue an order for the seizure of
the Press by which that incitement has been printed; and if the owner
of the Press feels himself aggrieved, he may within fifteen days ask
the High Court to reverse the order, and direct the restoration of the
Press. That is a statement of the law that has been passed in India,
and to which I do not doubt we shall give our assent. There has been
the usual outcry raised--usual in all these cases. Certain people say,
"Oh, you are too late." Others say, "You are too early." I will say to
you first of all, and to any other audience afterwards, that I have no
apology to make for being a party to the passing of this law now; and
I have no apology to make for not passing it before. I do not believe
in short cuts, and I believe that the Government in these difficult
circumstances is wise not to be in too great a hurry. I have no
apology to make for introducing executive action into what would
normally be a judicial process. Neither, on the other hand, have I any
apology to make for tempering executive action with judicial elements;
and I am very glad to say that an evening newspaper last night, which
is not of the politics to which I belong, entirely approves of that.
It says: "You must show that you are not afraid of referring your
semi-executive, semi-judicial action to the High Court." This Act
meddles with no criticism, however strong, of Government measures. It
discourages the advocacy of no practical policy, social, political, or
economic. Yet I see, to my great regret and astonishment, that this
Act is described as an Act for judging cases of seditious libel
without a Jury. It is contended by some--and I respect the
contention--that the Imperial Parliament ought to have been consulted
before this Act was passed, and ought to be consulted now. (Cries
of "No, no.") My veteran friends lived before the days of household
suffrage. Well, it is said that the voice of Parliament ought to
be heard in so grave a matter as this. But the principles of the
proposals were fully considered, as was quite right, not only by the
Secretary of State in Council, but by the Cabinet. It was a matter of
public urgency. I stand by it. But it is perfectly natural to ask:
Should the Imperial Parliament have no voice? I have directed the
Government of India to report to the Secretary of State all the
proceedings taken under this Act; and I undertake, as long as I hold
Public-domain text, read in full here on John Shaqi.
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