So far as the question of compensation is concerned, we wanted that the words ‘due process of law’ should be there. I am glad that Dr. Ambedkar, who has been very cautious in this matter, has today confessed that he is of the same view as many other lawyers in this House. But our misfortunate was that the greatest obstacle to this ‘due process’ came from the greatest jurist in this House and it is most unfortunate to this country that we have not been able to pass this due process’ clause. In the long history of the struggle for liberty which the Congress had to wage with the foreign government, the High Courts and the Supreme Court many a time held that the laws passed by the bureaucracy were not valid. Now, this power is being taken away from our Indian courts in the name of liberty. My submission is that the first casualty in this Constitution is justice. After all what is a fundamental right? A fundamental right is a limitation of the powers of the executive and the legislature. Whatever fundamental rights we have given in this Constitution. lately an attempt has been made to take them away. Article 15 is the crown of our failures because by virtue of article 15 we have given the Executive and the legislature power to do as they like with the people of this country, so far as procedure is concerned. I cannot describe the state of mind in which I felt myself when I could not succeed in getting this House to agree to the due process clause.
