I think, Sir, that these powers should be curtailed as much as possible, though everybody will concede that some powers should be given to the President to be exercised which are really needed to meet an emergency. But the powers claimed for the President will suppress the liberties of the people. During the War, the English Courts were open and the Indian Courts were also open and one of the greatest Law Lords – Lord Atkin – when an argument was made that during the war, justice should be so modified and individual rights so curtailed as help the war effort-made a famous pronouncement. He said: “War or no war, justice must go on. His Majesty’s justicecannot be curtailed or in the least affected by the existence of a war.” War is the greatest emergency conceivable, and yet law courts were open to give effect to individual rights. We have not defined emergency. Emergency may mean anything; or, it may mean nothing. A trivial matter may be called an emergency and may be used wantonly to interfere with fundamental rights and liberties of the people with which the emergency may have nothing to do. The rights may be totally irrelevant for the emergency, but yet they will remain suspended and the Courts will be absolutely powerless to give them redress. I submit that these powers can not be given. They can be confined at least to rights guaranteed under articles 13 and 16 as I have submitted. I think the matter is too serious to be passed by a mere majority of votes without any adequate debate by the device of premature closure motions.
