As regards procedure also, if any legislature takes it into its head to divest itself of the ordinary rights of having a good procedural law in this country, to that extent the court will be entitled to say whether the procedure is just or not. This is within the meaning of the word `law as it is used in this amendment and as it is generally used. The word `law’ has also not been defined in this Constitution. For the purpose of article 8 the word `law’ has been defined. Otherwise it has not been defined. I would therefore submit that if the words as used in the section remained, namely `procedure established by law’, we will have to find out what is the meaning of the word `law’. These words would remain vague and it will result in misconceptions and misconstructions. Therefore, unless and until we understand the meaning of “due process of law” we will not be doing justice to the amendment proposed. I therefore want to suggest that the words “due process of law” without being defined convey to us a sense as used in the American law as opposed to other laws. What will be the effect of this change? To illustrate this I would refer the House to Act XIV of 1908 called the Black Law under which thousands, if not hundreds of thousands of Congressmen were sent to jail. According to Act XIV of 1908 the Government took to themselves the powers of declaring any organisation illegal by the mere fact that they passed a notification to that effect. This Act, when passed, was condemned by the whole of India. But the Government of the day enacted it in the teeth of full opposition. When the non-co-operation movement began it was civil disobedience of this law with which the Congress fought its battle. The Courts could not hold that the notification of the Government was wrong. The courts were not competent to hold that any organisation or association of persons was legal though its objects were legal. The objects of the Congress were peaceful. They wanted to attain self-government but by peaceful and legitimate means. All the same, since the Government had notified, the courts were helpless. This legislation demonstrates the need of the powers of “due process.”
