The Law and The Lawyer PDF
The Law and The Lawyer PDF
The Law and The Lawyer PDF
Gandhi
• Gandhi’s scathing comment: ‘What legal basis had these two judges for the
sweeping statement made by them as to the character of a whole nation? The
inference is that in other countries a higher value is placed upon truth…. Be it
noted that the Allahabad judges have made use of their bias in coming to their
decision and have thus proved their incapacity to hold responsible posts.’
Untruth in Law Courts
• The canker of untruth had eaten the judicial system hollow.
• Gandhi’s comment: ‘The atmosphere round law courts is
debasing as any visitor passing through them can see. I hold
radical views about the administration of justice. But mine, I
know, is a voice in the wilderness. Vested interests will not
allow radical reform, unless India comes into her own through
truthful and non violent means. If that glorious event
happens, the administration of law and justice will be as
cheap and healthy as it is today dear and unhealthy.
Hindu law and Mysore
• A writer from Mysore enumerated the following social evils in a letter to
Young India
1. women are denied the right of inheritance
2. Near relations are excluded from the list of heirs due to the presence of
distant agnates
3. Women are not allowed to exercise full rights of ownership in properties
inherited or gifted to them
4. Deaf and dumb are excluded from inheritance
5. Legality of widow remarriage is not recognized in Princely Mysore
6. Marriageable age for girls should be raised to 14
7. Divorce should be recognized
8. Inter caste marriages should be legalized
9. Orphans should be declared eligible for adoption
10. Widows should be allowed to adopt
11. Necessity of appropriate legislation in Mysore to bring about the
aforesaid social reforms
Gandhi’s response
• ‘This very unsatisfactory state of things has to
be changed if hindu society is to become a
progressive unit in human evolution. The
British rulers cannot make these changes
because of their different religion and their
different ideal…. Unless therefore Hindu
public opinion clearly demands it, no drastic
change in our customs or so called laws will be
attempted or countenanced by them.’
Establishment of the Federal Court
• Gandhi’s speech at the Federal Structure Committee as a
representative of Congress (1930)
• Discussion regarding the structure and powers of Federal
Court in an India which would be self governed but with
military and purse strings in the hands of the Crown
• ‘The Privy Council here is an ancient institution, and an
institution which justly commands very great regard and
respect; but in spite of all the respect that I have for the Privy
Council I cannot bring myself to believe that we also will not
be able to have a Privy Council of our own which will
command universal esteem.’ (pg. 223)
• ‘seeing that the congress holds the view that
this federal court or supreme court will occupy
the position of the highest tribunal beyond
which no man who is an inhabitant of India
can go, its jurisdiction, in my opinion, will be
limitless… the greater the power that we give
to this Federal court, I think the greater the
confidence we shall be able to inspire in the
world and also in the nation itself.’
• Quote from a great Jurist in Transvaal,
“Though there may be no hope 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, then those judges
should be immediately unseated.” (pg. 228)
The place of the lawyers in a non
violent society
• Conversation between reader and editor
• Pg.228-231
An advocate’s dilemma
published in Young India
• Dichotomy between obeying everyday over
lordship of British rule and trying to
emphasize that India was independent as per
Congress’ declaration of Independence.
5000 miles away
• Location of final appellate court i.e. Privy Council 5000 miles
away from the population it governs.
• Matter of appointment of 2 additional judges to hear Indian
cases
• ‘If it were not for the hypnotism under which we are laboring,
we would see without effort the futility, the sinfulness, of
going 5000 miles to get (to buy?) justice. It is said that at that
delightful distance the judges are able to decide cases with
greater detachment and impartiality than they would be able
to do in delhi… a self respecting indian would never tolerate
the location of her final court of appeal anywhere else but in
india. (pg. 234)
Justice from 6000 miles
• ‘the different forts of india no doubt are a continuous
reminder of the british might. But the silent conquest of the
mind of educated India is a surer guarantee of british stability
than the formidable courts…
• Arguments in favor of keeping Privy council inEngland
• A. the judges would be more impartial 6000 miles away
• B. the expenditure incurred would be the same
• C. the Indian judges would not command the same respect as
british ones
• ‘The deciding reason for having our Supreme Court in india is
that our self respect demands it. Just as we cannot breathe
with other lungs, be they ever so much powerful, so we may
not borrow or buy justice from england.’
Comment on jury trials
• ‘Trials by jury often result, all over the world,
is defeating justice. But people everywhere
gladly submit to the drawback for the sake of
the more important result of the cultivation of
an independent spirit among people and the
justifiable sentiment of being judged by one’s
own peers.’
Aundh constitution
• Gandhi’s remarks on the new Aundh
constitution.
• A. literacy kept as an eligibility for right to vote
(pg.239)
• B. easy access to justice by making lower court
free
• C. abolition of any intermediate courts
• (wanted the same eligibility before granting
right to vote)
Civil v. Criminal
• ‘when a man willfully breaks his own laws, the disobedience
becomes criminal… What is true of the individual is true of
the corporation. At the present moment one observes this
criminal breach by the govt of its own laws through out India.
Sections of Penal Code and CrPC are being freely abused and
because non cooperators refrain from questioning orders
issued by officials, bare faced illegalities are being committed
by them with impunity… is it any one wonder if one infers
from this campaign of repression an intention on the part of
the govt to incite violence… when therefore a govt thus
becomes lawless in an organized manner, civil disobedience
becomes a sacred duty.’
Famous customs declaration at the
time of II round table conference
• ‘I am a poor mendicant. My kit consists of two
spinning wheels, a few jail utensils, a can of
goat’s milk, 4 lion clothes, two towels – and
my reputation which cannot be worth much.’