The Calcutta Weekly Notes May 12 1947

We think that the recent trend in English legal thought in respect of the liabilities of the State vis-a-vis the subject should be adopted in India and provisions of a like nature should be embodied in the law of the country. [...] For one thing the right to sue the Crown in respect of acts done in its private capacity if we may use the expression so long saved by the Government of India Acts and based upon the assumption of sovereignty by the British Crown from the East India Company may not be available after India becomes idependent because in no sense the future Indian Union or the Provinces the soverignty of [...] The Fundamental Rights Committee of the Constituent Assembly has not considered this matter and we would draw the attetion of the Committee and the Assembly to it so that a proper clause defining the rights of the citizen as against the State may be inserted in the Constitution. [...] Rmorse to the ordinary promos of law must not be **eluded." We are of opinion that the rights of the citizen as against the State in the lines of the Crown_ Proceedings Bill should be safguarded by engrafting a clause of fundmental right in the Constitution of the future Indian Union and the autonomous parts thereof and by making such right justiciable in Courts of law. [...] The express sion " the application is in order " relates to the form of the application and not to the correctness of the statements cotained therein.