The Calcutta Weekly Notes January 22 1945

There was nothing in the Ordinance giving any direction or laying down the policy or conditions or criteria 'by reference to which the power of directing tri:tl by a special Court was to be exercised and in the circumstances what was left to the executive was not merely the execution of a defined lay but the making of the law itself at the will of the executive. [...] 'That it wits pointed out was not consistent' with the Ordinance-making power in the Constitution Act which was connected with the personal judgment and discretion of the GovernoGeneral and besides such an Ordinance could not stand along with the Code and the powers of the High Court under the ordinary law which the Ordinance itself had not altered or repealed. [...] In England the authorities making the emergency legislation are in office by the will of the people and if in the exercise or their judgment they delegate certain powers to the executive that is a judment which the people must be deemed to trust or to be continually trusting. [...] Again the Gpvernment being one of the people and by the people the interests and the outlook of the Government are necessarily the same as the people's and all emergency legislation is designed to snbserve tifat identical interest. [...] Here preservation of the rule of the normal law is a lmatter for particular and perpetual anxiety of the people and circumstances make it their peculiar concern to insist that the executive should be kept at as great a distance as possible from the legislature and the judiciary and that the specific power to make Ordinances given by the Constitution Act shall not in the slightest degree be exceed