On 5th November 1948, Shri H. V. Kamath [CP Berar General] at the Constituent Assembly spoke as follows;
“In 1927, I, as a Student attended the Madras Session of the Congress. Maulana Mohamed Ali and Pandit Malaviya were both present there, there was a question about safeguard and Pandit Malaviya made a moving speech that went to the straight to the heart he said “what safeguard did you ask from the Secretary of the State of India or from the Government of India? We are here what better safeguard you want? After that speech Maulana Mohammed Ali came to rostrum, embraced Pandit Malaviya and said “I do not want any safeguard.” We want to live as Indians, as part of the Indian body politic, we want no safeguards from the British Government. Pandit Malaviya is our best safeguard. It that spirit had continued to animate us, we would have remained us United India, a single Country, a single State and a single nation, this being so, I failed to understand what Dr. Ambedkar by saying that no minority in India has taken this stand. The majority has always been willing to grant them safeguard, adequate safeguard, while the minority would have nothing to do with it. Minority in India took the same stand as Carson put in Ireland. That is why to the detriment of the Irish body politic division was resorted to as was then in India resulting in disturbance of the peace and progress of the Country.”
“Well, Sir, there are one or two other aspects of the Constitution, I would like to touch upon. One relate to Article 280 [old] of the Constitution, namely, one about Fundamental Rights.”
Mr. President: The Honourable Member is almost exhausted his time.
Shri H. V. Kamath: I only want two or more minutes, Sir, the fundamental rights could be suspended in the event of an emergency and that mean that the power of High Court can be taken away. It is a dangerous provision to make in the Constitution. If I remember aright even during the last World war, the British Government did not suspend, right of Citizen to move the appropriate Court to issue Writ of Habeas Corpus and so on. I do not know whether we should go one better rather one worse than the British Government.
Comment: Learned Speaker for short of time to enlighten reader more about the rights for minority as well as Writ Jurisdiction.