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Friday, July 6, 2018

6 July, 1901: Syama Prasad Mookerjee Birth Anniversary

Presidential Speech by Syama Prasad Mookerjee at the All -India Civil Liberties
 Conference 3rd Session, Nagpur (25-26 August 1951)


I am grateful to you for asking me to preside over this Conference. The Civil Liberties Union has rendered conspicuous service in upholding the cause of civil liberty and in attempting to mobilise public opinion against recent encroachments made thereon by Government. At previous sessions of the Conference detailed references were made to the manner in which Government had interfered more and more with the exercise of civil rights in respect of Press laws, detention without trial and holding of public meeting and processions.

Ever since the first War of Indian Independence of 1857, successive generations of brave leaders and soldiers declared their staunch faith in democracy and rule of law. They wanted to see established in their motherland a system of government which would accept the sovereignty of the people and not be founded on autocracy or dictatorship. During British rule in India obnoxious laws were promulgated to crush the rights and liberties of the people and an organised Police State was established to suit the purposes of an alien rule. When the new Constitution was framed, these lawless laws were still in operations. When the new Constitution was enacted, a deliberate decision was taken to incorporate within its framework a chapter dealing with fundamental rights.

One silver lining amidst the darkening clouds of governmental interference with civil rights has been the remarkable independence generally shown by the judiciary of India. We have deliberately taken the decision to have a written Constitution which acts as a check on possible tyrannies of the majority over the minority. The sanctity of that Constitution can be preserved worthily, only if it is backed by a competent and independent judiciary which alone can interpret its provisions in an atmosphere of impartiality, fully consistent with national welfare and progress. We hope and trust that the judiciary of Free India will not be cowed by frowns or favours and continue to establish precedents and traditions, which can be comparable to the best of their kind in any part of the civilised world.

If democracy is to function in India, freedom of thought and expression, whether exercised by the public or by the Press, and the right to assemble and hold meetings must be preserved with as little interference from Government as possible. No responsible citizen of India will claim that there can be any absolute exercise of civil rights in any well-ordered and composite society. Certain restrictions are inevitable, and they are justifiable on the main ground that the healthy progress of the society and the security of the State, both internal and external, are thereby ensured and protected. Detention without trial is, however, one of the most obnoxious provisions known to any civilized country that claims to uphold freedom and democracy. Such detentions may be justifiable during a period of grave emergency, but in normal times no Government should hesitate to place before a Court for trial any citizen against whom it may have specific charges for violating the provisions of the law. Recent amendments made to the detention laws no doubt indicate a slight improvement, but fundamentally, they still continue to be a blot on the fair name and reputation of Free India.

In any democratic country public opinion is effectively moulded both through the platform and the Press. The Press in India today has a great responsibility to discharge. Much depends on the manner in which its functions. The record of the Indian Press during the last one century has been on the whole a proud one. It will fail in its duty if it hesitates to exercise its great influence without fear and expectation of favour, simply because Governmental power has passed into Indian hands. In any event independent  and self- respecting editors of newspapers can play a very useful role, if on crucial occasions they refuse to surrender their judgments to the mere dictates of their employers. If they adopt a code of honour of their own, remaining united especially for upholding civil right and liberty against any inroad that may be made from any quarter. Governmental or otherwise, they are bound to be ultimately sustained by enlightened public opinion which will be roused in their favour in spite of all powerful obstruction.

When we therefore talk of civil rights, we should not think of political rights alone but also of economic rights of the citizens of Free India. No Government can function in India with the willing consent of her people unless the inherent right of the Indian citizen to live a decent economic and social life is amply protected and implemented. Today India is groaning under the stress and strain of a deep-rooted economic malady .It is a case of both mal-production and mal-distribution of our wealth and resources. Our Constitution includes a chapter on the directive policy of the State where some indication is given about the right of Indian citizens in respect of social and material equality and security, of health, education, housing and employment. Unfortunately, in respect of none of these and not even of the basic demand of minimum food have the rights of the people been even partially met. We must not forget that freedom of speech, even political freedom, is a function of economic power. No institution of political democracy can become safe if the economic rights and interests of citizens are at cross-purposes.

We have to protect ourselves against both possible excesses of Government and the excesses of those amongst us who, though outside Government, may be equally intolerant of differences of opinion. Criticisms may be unsparing and fearless.

We must distinguish the sacredness and sanctity of our State from the functioning of a particular Government that may be in power for the time being. Parties may rise and fall. Ministries may come and go. But the freedom that has to come us after nearly 1,000 years must be eternally cherished with our life-blood. If we criticize governmental policy, we commit no treason but only discharge a duty.Patriotism is not the monopoly of any individual or party, nor is anybody indispensable for all time to come. Yet let us declare unequivocally that if an emergency comes, internal differences must be put in cold storage. I have not the least doubt that if the security of India is endangered in any form, all classes and sections of the Indian people will rally together for the vindication of our national rights and honour. The maintenance of civil rights and liberties is not an end in itself; it is but a means to an end, the end being the development of a strong, prosperous and happy United Indian. I fervently hope and pray that your association will continue to play its part worthily in shaping the destiny of our motherland and making her one of the strongest upholders of democracy and rule of law.

~Bande Martaram~

 Source: Jayaprakash Narayan Papers (I & II Inst.), MSS, NMML

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