A hundred years ago | January 9, 1920 Archives

From the Archives (January 9, 1920): Moderates and Civil Rights.

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The “Tribune” writes in the course of a leading article: While the Congress demands a declaration of Indian rights as an essential safeguard against the recurrence of a tragedy like that of April as well as against the enactment of repressive legislation affecting personal liberty or calculated to hamper political progress the Moderates’ Conference suggests among other things, that “the introduction, exercise and duration of Martial Law should be subject to the same constitutional limitations as in England,” and that “a safeguard in the nature of habeas corpus should be available in all parts of British India”. Regarding the latter suggestion we do not think there is any difference of opinion between the Congress and Moderates’ Conference, while as regards the first, what the Congress would probably say is that the use of the phrase “the same constitutional limitations as in England” is a piece of self-deception for the simple reason that the constitution in the one case not being the same thing as in the other, even “the same constitutional limitations” might mean two different things in the two cases. We do not forget what the President of the Conference said on this subject in his speech. “The proper line of progress,” he said, “is in the direction of the development of powers of the Indian legislature and the introduction of the responsibility of the Central Government towards the Indian legislature, and the enactment of a fundamental law by a superior authority restricting the powers of the Indian legislature is inconsistent with the true goal and bound to be embarrassing in practice.”

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Printable version | Jan 29, 2020 7:07:42 PM | https://www.thehindu.com/archives/moderates-and-civil-rights/article30516524.ece

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