On 6th November 1948, Shri R. K. Sidhwa [CP Berar General] at the Constituent Assembly spoke as follows;
“Coming to the Fundamental Rights, I do not know whether the Committee had the power to upset the unanimous decision of this House. A Subcommittee is perfectly justified in making recommendations. I do not dispute that and these are also recommendation. I admit. On a fundamental matter when the House after mature consideration had taken a decision on a basic principle on the Fundamental Rights. I feel that they have exceeded their rights in making even those recommendations. I will only give one illustration the Constituent Assembly in its last session passed the Fundamental Rights.
No person shall be deprived of his life or liberty without due process of life nor shall any person be denied the equal treatment of the laws within the territories of Union.
Drafting Committee have made a change in this – a revolutionary change, I should say and put before this Honourable House, I will read the recommendation;
“No person shall be deprived of his life or personal liberty except according to the procedure established by law”—
The remaining words have been deleted. We will take this matter up when the occasion arises, Sir, I do feel that in the Fundamental Rights that we passed last time there was already a grievance that we have not gone to the extent which we should have and if we are going to curtail even those rights of the Citizens I do feel Sir that the very nomenclature of the Fundamental Rights would be ridiculed.”
Comment: The change of the phrases of vital legal important has been indulged in by the Committee which was appointed to Draft the various recommendations submitted by various Sub-committees.