946 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Swaraj came, there was a demand for fundamental rights. It is a matter worth consideration why this happened ? Various people would no doubt give various replies, but my reply is very simple. My reply is very simple. My reply is this—the reason why Indians did not demand fundamental rights when the British were here is this. Although the British had their imperialism as one aspect of their rule, there cannot be any doubt that the administration of this country was governed by what was called the rule of justice, equity and good conscience. Sir, I remember, at least speaking for my own province, how independent was the judiciary which wholly consisted of Europeans. How independent it was of the executive. I remember a case …………
Dewan Chaman Lall (Punjab) : Is it Tilak’s case ?
Dr. B, R. Ambedkar : It is a very famous one, the case of a Mr. Justice Knight who was the Chief Justice of the Bombay High Court during the time of the East India Company. He had issued a writ against the Government of Bombay and the Government of Bombay refused to obey. They said that the Chief Justice of the Bombay High Court had no right to issue a writ against the Executive. When they informed him that they were not going to carry out that particular writ, what did Mr. Knight do ? He called the Chaprassi and said : “Bring the keys of the High Court”, and he asked him to lock up every room of the High Court, including his own, and next day booked a passage for himself and went back to London, saying: “If you are not going to obey my orders as the Chief Justice of the Bombay High Court, you will have no High Court, at all.” Subsequently, of course, his order was reversed by the Privy Council. But that is no matter at all. The point is that the British administered this country in a manner in which everybody felt that there was some sense of security. That is the reason why, in my judgement, nobody in this country clamoured for fundamental rights. But as soon as Swaraj presented itself, everybody thought—at least many of the minorities thought—that there was the prospect of political authority passing into the hands of a majority, which did not possess what might constitutionally