The New Review July 1935

The famous 'dispute between the Ancients and the Moderns' was the main centre of interest during the last two decades of the seventeenth century. [...] The authority of these courts was questioned by the judges of the Supreme Court who were full of pride in the benignity of the English common law and contempt for the laws prevailing in India. [...] No less important for the security of the Rule of Law is the separation of the Judiciary from the Executive. [...] 'ButTHE RULE OF LAW IN INDIA 17 rules and regulations which are enforced by the Executive in opposition to the decision of the legislature and against the liberty of the subject are derogatory to the Ruleof Law. [...] But what will the attitude of the ordinary British subject towards the new ministers be under the Responsible Government which will inherit the judicial and legal structure from the present bureaucracy ? Will the subordination of the Judiciary to the Executive and the continuation of the repressive laws in the Statute Book be conducive to the development of a benevolent Government ? There are two