Sir, the motion before the House raises a vital issue and I would request the House very carefully to consider the pros and cons with meticulous care before they come to any decision. Sir, coming from an unfortunate part of this country where the breakdown of the machinery of law and order and the non-intervention of the administrative head in the matter has been causing tremendous bloodshed and incalculable suffering and hardship, I feel called upon to put in a few words in support of the amendment moved by my Honourable friend Mr. Munshi. What does this amendment seek to achieve? It proposes certain extraordinary powers for the Provincial Governors to be exercised by them in their discretion in very emergent circumstances. The House will note carefully- that these powers do not form part of the ordinary routine work of the Governor; it is not part of his normal duty as Governor, but these powers are to be exercised by him only in emergent circumstances, if circumstances so demand that swift action is essential for preventing a total collapse of’ the machinery of law and order and even for restoring the machinery of law and order if it has already been thrown out of gear. I ask every member of this House whether he really wants to deprive the administrative head of a power like that to be exercised by him only in emergent circumstances. I quite appreciate the good point made by my Honourable friend Pandit Kunzru but one may respectfully differ from him. I want to point out to him that I have no very strong criticism to make against Section 93 of the Government of India Act, 1935. In my view that Section embodies certain very valuable provisions Our only grievance is that the provisions of Section 93 have more often than not been abused and not properly used. After all is said acid done even best Constitution in the world may not be of any use to the people if the people have not the determination and understanding and good will to work it in the spirit in which it is conceived. Who, after all, is the Governor that will be appointed hereafter under the new Constitution? He is not going to be a foreign Governor. He is going to be an Indian. He is not going to a nominated person. He is going to be elected on universal adult suffrage and as such he will command the respect and confidence of the people. He will have tremendous prestige behind him. Now, after choosing a person like that for that office, do you propose to keep him in the Government House as a dummy or do you want him to do some work for you when circumstances demand swift and immediate action? There are occasions when he will have to act quickly I quite understand that there is possibility of this power being abused. But let me tell you that this fear is more imaginary than real. The occasions on which he may be called upon to exercise this power would be very rare. What are the objections against thus amendment? It is said that the Governor will not have any power over the administrative officers and therefore his intervention would be ineffective.
