Gandhi-logo

62. The Federal Court

[Speech delivered by Gandhiji at the Federal Structure Committee on 19-11-1931]

I have expressed my own hope in connection with the Federal and Supreme Court. To me the Federal Court is the Supreme Court; it is the final Court of Appeal beyond which there would be no appeal whatsoever; it is my Privy Council and it is the palladium of liberty. It is the Court to which every person who is at all aggrieved can go. A great Jurist in the Transvaal—and the Transvaal and South Africa generally have undoubtedly produced very great Jurists—once said to me, in regard to a very difficult case, "Though there may be no hope just now, I tell you that I have guided myself by one thing, or else I should not be a lawyer: the law teaches us lawyers that there is absolutely no wrong for which there is no remedy to be found in a court of law; and if judges say there is no remedy, then those judges should be immediately unseated." I say that with all deference to you, Lord Chancellor.

I, therefore, think that our European friends may rest assured that the future Federal Court will not send them away empty-handed, as we expect to go away empty-handed, if we do not have the favour of the Ministers, who are the present advisers of His Majesty. I am still hoping that we shall have their ear and get round their better side and then we may hope to go away with something substantial in our pockets; but whether we go away with anything substantial in our pockets or not, I hope that if the Federal Court of my dreams comes into being, then the Europeans and everybody—all the minorities—may rest assured that that Court will not fail them, though a puny individual like myself may fail them.

Young India, 17-12-1931, p. 395