Though I support the deletion of Article 188, I am not very happy about the new Article 278. I am not happy because the scope of the new Article is far wider. Article 188 came into operation only when the peace and tranquility of the State was threatened, while this Article 278 comes into operation even though there is no law and order emergency but there is mere failure of the constitutional machinery. I can understand drastic power being given when the very existence of the State is threatened. But I do not like extraordinary power being given for a mere constitutional failure or a constitutional evil. This is a very much less serious and non-urgent matter and in such matters I do not like that extraordinary power should be given. Of course, critics might say and it has been said that we are merely reproducing the hated section 93, but I do not agree with that criticism, because there is a very great difference between the two. Yesterday one of the honourable Members said that Article 275 was a reproduction of section 93. I see no connection between the two because Article 275 and 188 refer to peace and tranquility. While section 93 referred to constitutional failure. Article 278 comes closer to old section 93, even though there, is still great difference. The obvious difference is that in the place of the irresponsible Governor and the Governor-General, the elected responsible government is substituted. But in my opinion, the more important point is that the sovereign popular legislature will be ineffective control of the situation. Parliament must be consulted in two months and thereafter it will be the Parliament that will govern the situation. This is the great difference between section 93 and the present Article 278. But in spite of this defence, I cannot help observe that if it were possible, we should not disfigure our Constitution with such a provision. That was our desire, but we cannot have it our own way. Unfortunately the circumstances in the country are such; we are living in times which may perhaps prove critical to our infant democracy. In France sometimes three Governments fall in two days; in a mature and old democracy they can go in for that luxury, but ours is an infant democracy; and though we do not like it, we shall have to tolerate thing, which in normal times we may have rejected. Though, of course I have given support to this Article, I only hope that it may remain a dead letter and no occassions will arise for the exercise of these extraordinary powers.
