Full Answer
Mohandas Gandhi was an Indian activist who was the leader of the Indian independence movement against British colonial rule. Employing nonviolent civil disobedience, Gandhi led India to independence and inspired movements for civil rights and freedom across the world. However, the person he became had much to do with his life as a lawyer.
Parts I and II of the book deal with Gandhiji as a law student and as a practising barrister. The Editor craves the indulgence of the reader for including in these parts, some portions of Gandhiji's Autobiography which, strictly speaking, have no bearing on the subject of this book.
Mahatma Gandhi is widely recognized as a leader of Indian nationalism in British-ruled India who employed nonviolent civil disobedience, inspiring movements for civil rights across the world.
But even Gandhi had not anticipated Patiala House breed of lawyers. Lawyers carry a Tricolour as they march from Patiala House Courts to India Gate against alleged anti-national activities at JNU. PTI Photo by Atul Yadav
Before passing into that phase of his life during which he dedicated himself to the liberation of India from British rule, Gandhi practiced law for twenty years, at first briefly and unsuccessfully in India and then for a substantial period and quite successfully in South Africa before giving up the practice and ...
First published by Random House India, and most recently by University of California Press, DiSalvo says producing this work that explores Gandhi's early life in South Africa has been a goal since he discovered that Gandhi was in fact a lawyer for 25 years before becoming a pacifist reformer in India.
Gandhi's status as a lawyer had given him credibility with the authorities and with his own community. His practice had provided his immediate family and, at times, his extended family, too, with income. Indeed, Gandhi's practice was so financially successful that he was able to...
Having become a barrister, M.K. Gandhi returned to his homeland in June 1891 and shifted from Rajkot to Mumbai after having decided to practice in the Bombay High Court.
Some members of his family suggested that he should enter the medical profession, while others wanted him to join the service of Porbandar State, eventually, it was decided that Gandhiji must study law in England. His mother did not want him to study in England for such a long time but finally, she permitted him to go.
Although Gandhi was interested in becoming a doctor, his father hoped he would also become a government minister and steered him to enter the legal profession. In 1888, 18-year-old Gandhi sailed for London, England, to study law. The young Indian struggled with the transition to Western culture.
Gandhi enrolled at Samaldas College, Bhaunagar, in 1887 but left after one term. However, he was encouraged to go to London to study law and he left for London on 4 September 1888.
His eldest brother and family friend suggested that Mohandas should go to England to study and become a barrister. Mohandas was thrilled. Here was a chance for him to see the world. But his mother did not like the idea of his going to England.
Barrister: This is a lawyer who has passed the Bar examinations set up by a committee of distinctive lawyers in the profession. The qualification of a barrister is that he is entitled to appear in any Court and represent clients.
British Dictionary definitions for barrister barrister. / (ˈbærɪstə) / noun. Also called: barrister-at-law (in England) a lawyer who has been called to the bar and is qualified to plead in the higher courtsCompare solicitor See also advocate, counsel. (in Canada) a lawyer who pleads in court.
1. Mahatma Gandhi sailed for England on 4th September, 1888 to study law and become a barrister. He kept terms at the Inner Temple and after nine months' intensive study he took all his subjects in one examination which he passed.
However, the person he became had much to do with his life as a lawyer. Gandhi sailed for England on 4th September, 1888 to study law and become a barrister. He was called to the Bar on 10th June, 1891 and was enrolled in the High Court of England the next day. A day later, he sailed home.
Facts according to Gandhi constituted three-fourths of the law and if we took care of the facts of a case the law would take care of itself. If there was one characteristic more than another that stamped Gandhi as a man, it was his extraordinary love of truth.
Gandhi as Lawyer. Mohandas Gandhi was an Indian activist who was the leader of the Indian independence movement against British colonial rule. Employing nonviolent civil disobedience, Gandhi led India to independence and inspired movements for civil rights and freedom across the world.
In 1984, his special portrait was unveiled in the library. Furthermore, Gandhi’s bust now adorns the coffee room of the Inner Temple and his statue has been installed in its lawns.
Mavji Dave Joshiji, a Brahmin priest and family friend, advised Gandhi and his family that he should consider law studies in London. In July 1888, his wife Kasturba gave birth to their first surviving son, Harilal. His mother was not comfortable about Gandhi leaving his wife and family, and going so far from home.
Assuming leadership of the Indian National Congress in 1921, Gandhi led nationwide campaigns for easing poverty, expanding women's rights, building religious and ethnic amity, ending untouchability, and above all for achieving swaraj or self-rule.
He did not disagree with the party's position but felt that if he resigned, his popularity with Indians would cease to stifle the party's membership, which actually varied, including communists, socialists, trade unionists, students, religious conservatives, and those with pro-business convictions, and that these various voices would get a chance to make themselves heard. Gandhi also wanted to avoid being a target for Raj propaganda by leading a party that had temporarily accepted political accommodation with the Raj.
This changed, however, after he was discriminated against and bullied, such as by being thrown out of a train coach because of his skin colour by a white train official. After several such incidents with Whites in South Africa, Gandhi's thinking and focus changed, and he felt he must resist this and fight for rights. He entered politics by forming the Natal Indian Congress. According to Ashwin Desai and Goolam Vahed, Gandhi's views on racism are contentious, and in some cases, distressing to those who admire him. Gandhi suffered persecution from the beginning in South Africa. Like with other coloured people, white officials denied him his rights, and the press and those in the streets bullied and called him a "parasite", "semi-barbarous", "canker", "squalid coolie", "yellow man", and other epithets. People would spit on him as an expression of racial hate.
Bringing anti-colonial nationalism to the common Indians, Gandhi led them in challenging the British-imposed salt tax with the 400 km (250 mi) Dandi Salt March in 1930 and in calling for the British to quit India in 1942. He was imprisoned many times and for many years in both South Africa and India.
Gandhi raised eleven hundred Indian volunteers, to support British combat troops against the Boers.
Gandhi's time in London was influenced by the vow he had made to his mother. He tried to adopt "English" customs, including taking dancing lessons. However, he did not appreciate the bland vegetarian food offered by his landlady and was frequently hungry until he found one of London's few vegetarian restaurants. Influenced by Henry Salt's writing, he joined the London Vegetarian Society and was elected to its executive committee under the aegis of its president and benefactor Arnold Hills. An achievement while on the committee was the establishment of a Bayswater chapter. Some of the vegetarians he met were members of the Theosophical Society, which had been founded in 1875 to further universal brotherhood, and which was devoted to the study of Buddhist and Hindu literature. They encouraged Gandhi to join them in reading the Bhagavad Gita both in translation as well as in the original.
1. Mahatma Gandhi sailed for England on 4th September, 1888 to study law and become a barrister. He kept terms at the Inner Temple and after nine months' intensive study he took all his subjects in one examination which he passed. He was called to the Bar on 10th June, 1891 and was enrolled in the High Court of England the next day. A day later, he sailed home. After his return to India he started practice as a lawyer at first in the High Court at Bombay and a little later in Rajkot but did not make much headway in the profession. It was only when the hand of destiny guided his steps to South Africa that he soon made his mark there as a lawyer and as a public worker. Gandhiji practised as a lawyer for over twenty years before he gave up the practice of the profession in order to devote all his time and energy to public service. The valuable experience and skill that he acquired in the course of his large and lucrative practice stood him in good stead in fighting his battles with the South African and British governments for securing political, economic and social justice for his fellow-countrymen. Gandhiji was not a visionary but a practical idealist. As Sir Stafford Cripps has remarked: "He was no simple mystic; combined with his religious outlook was his lawyer-trained mind, quick and apt in reasoning. He was a formidable opponent in argument." 1
Appendix VII contains the order issued by the Benchers of Inner Temple on 10th November 1922 disbarring Gandhiji and removing his name from the roll of barristers on his conviction and sentence to six years' imprisonment on 18th March 1922 by the Court of the Sessions Judge, Ahmedabad.
Appendix II contains select thoughts of Gandhiji on the law and the lawyers. Appendix III contains the text of the speech of the late B. N. Gokhale, ex-judge of the Bombay High Court at the symposium organized by the Bombay Branch of the Gandhi Smarak Nidhi on 1-7-1963 in which he dealt with Gandhiji's legal philosophy.
Gandhiji went to South Africa in April 1893 and stayed for a whole year in Pretoria in connection with the case of Sheth Dada Abdulla who was involved in a civil suit with his near relative Sheth Tyeb Haji Khan Mahammad who also stayed in Pretoria.
If there was one characteristic more than another that stamped Gandhi as a man amongst men, it was his extraordinary love of truth. The Mahatma was an ardent and inveterate votary of truth. Truth, like nonviolence, was the first article of his faith and the last article of his creed.
The prevailing note was one of sadness. It was realized, of course, that Gandhi had been conducting the most dangerous campaign, that that campaign had resulted in considerable bloodshed and disorder, and that one course and one only was possible, viz., the course which had been adopted.
It also gives an account of the farcical political trials held in the Punjab in 1919 during the Martial Law regime, when several innocent persons were sentenced by special courts to death or life-imprisonment on the flimsiest of evidence.
Gandhiji always used to tell his friends and clients that truth triumphs and one must always follow the path of truth and non-violence. His dependence on truth always proved to be a boon for him in and outside the courtroom. He was honest not only to the Court but to his clients as well.
Gandhiji's father, Karamchand Gandhi, served as a Chief Minister in Porbandar and other States in Western India. His mother, Putlibai, was a religious woman.
In 1893, Gandhiji obtained a contract to perform legal services in South Africa for one year and he went to Durban. When Gandhiji arrived in South Africa, he was disappointed by the racial discrimination faced by Indians at the hands of white British authorities.
In Johannesburg, while appearing for a case, Gandhiji noticed that his client had misled him and provided him with wrong facts. He scolded his client and immediately requested the Court to dissolve his case there and then only, which shocked the opposite Counsel. The Judge praised the morals and ethics of Gandhiji.
Gandhiji denied to move to the back of the train and in the fullness of time, he was thrown off the train at a station in Pietermaritzburg.
Though the award of the arbitrator was in favour of Gandhiji's client, there were some errors in the accounts. Gandhiji's Senior Lawyer who was also engaged in the matter wanted the errors not to be identified before the Court but Gandhiji took an exception to his Senior's notion and argued the case himself.
He would never shy away in accepting his mistakes and would never hide any ignorance of the law, if he had any, to his clients. Gandhiji used to discuss and deliberate about the intricacies of laws with his colleagues and seniors which helped him to effectively analyse and grasp laws of different kinds.
Gandhi blamed lawyers for giving legitimacy to the accusation against Indians that “they love quarrels and courts, as fish love water.”.
In his weekly journal, Young India dated October 6, 1920, Gandhi warned that justice must not be a luxury of the rich. “Law courts are probably the most extravagantly run. I have some knowledge of the scale in England, a fair knowledge of the Indian and an intimate knowledge of the South African.
On justice, Gandhi said, “This is not a maxim to be mouthed in courts of law but to be applied in every concern of practical life.”.
In South Africa, Gandhi led a civil disobedience movement to fight racist laws on several occasions. Charles R. DiSalvo, in his book The Man Before The Mahatma: M.K. Gandhi, Attorney at Law in Morgantown, has argued that it was the injustice of the South African legal system that turned Gandhi away from the courts.
At a time when citizens are increasingly being treated as mere breathing bodies by the governments and ruled through draconian laws, Gandhian philosophy seems like a whiff of fresh air in this period of despair: “A law can touch the body, but not the mind. The mind can be touched only by love and persuasion.”.
[dropcap]M dropcap]AHATMA Gandhi was a lawyer for almost 25 years before he became an apostle of nonviolent revolution. While leading the independence movement in India, Gandhi worked as a journalist and edited the Young India, Navajivan and the Harijan.
Gandhi has been quoted as saying in Young India dated December 3, 1919: “I have not a shadow of a doubt that society would be much cleaner and healthier if there was less resort to law courts than there is.”.
Despite these contradictions, Gandhi wasn’t a lawyer simply by training, giving up practice in a few years because of disillusionment, intent on doing greater things – it was something he stuck at for a very long time, moving countries and continents to find a way to make it work.
MK Gandhi had made this same agent’s acquaintance when he was in London, so Laxmidas cajoled Gandhi into interceding with him on his behalf. But while the agent agreed to meet Gandhi, he was not impressed by what he saw as an attempt to abuse their acquaintance, and told Gandhi to leave.
In addition to the contribution of the Dada Abdulla case to Gandhi’s idealisation of truth, it changed the way he approached disputes in general. Rather than fight the case out in court which would involve more time and expenses, Gandhi thought it would be better to tackle the case in an arbitration.
After failing to establish himself in Bombay, Gandhi was forced to return home to Rajkot (his family home was in Porbandar but the household was based in Rajkot). Here, through the influence of his brother’s partner (the two of them had a small legal practice), he was able to do “moderately well” for himself, drafting petitions for clients in civil matters – though oral arguments in court were still beyond him.
The Bombay High Court is one of the most beautiful courts in the country, famed for its neo-Gothic architecture and a favourite among legal interns looking for an impressive selfie. Take a trip to its courtrooms over the years and you’d be witness to arguments from some of the most famous names of the Indian bar, from Badruddin Tyabji to Ram Jethmalani, and from Nani Palkhivala to Indira Jaising, by way of Fali Nariman.
Gandhi’s autobiography talks about the problems he faced in Rajkot because of a case where his brother, Laxmidas, who had been secretary and advisor to the ruler of Porbandar before he ascended the throne, was accused of “having given wrong advice when in that office.”.
Dada Abdulla was suing his cousin Tayob Haji Khan Mahom ed for a sum of 40,000 pounds sterling, which the latter owed the former. An oil painting of a young MK Gandhi with Dada Abdulla, by Kishorebhat Thanki, now in the Gandhi Smruti Kirti Mandal in Porbandar.
But a Satyagrahi differs from the generality of men in that if he submits to a restriction, he submits voluntarily, not because he is afraid of punishment, but because he thinks such submission is essential to the common weal. Satyagraha in South Africa, De Luxe Edition, 1968, Ch. 22, p. 218 . 52.
There I disagree. The duty of a lawyer is always to place before the judges, and to help them to arrive at, the truth, never to prove the guilty as innocent.
Satyagraha in South Africa, Ch. 10. p., 140. [Editor's Note: In 1927, an American authoress, Miss Catherine Mayo, published under the title Mother India a book which was scurrilous and grossly defamatory of India and her people. Reviewing the said book in Young India Gandhiji called it a 'Drain Inspector's Report'.
It was not impossible to practise law without compromising truth. Even truthfulness in the practice of the profession cannot cure it of the fundamental defect that vitiates it. An Autobiography, (1959), p. 269. 3.
Lawyers are also men, and there is something good in every man. Whenever instances of lawyers having done good can be brought forward, it will be found that the good is due to them as men rather than as lawyers. Indian Home Rule, 1958, p. 55. 9. Lawyers will, as a rule, advance quarrels instead of repressing them.
Mohandas Karamchand Gandhi was an Indian lawyer, anti-colonial nationalist and political ethicist who employed nonviolent resistance to lead the successful campaign for India's independence from British rule, and to later inspire movements for civil rights and freedom across the world. The honorific Mahātmā (Sanskrit: "great-souled", "venerable"), first applied to him in 1914 in South Africa, …
• Gandhi cap
• Gandhi Teerth – Gandhi International Research Institute and Museum for Gandhian study, research on Mahatma Gandhi and dialogue
• Inclusive Christianity
• List of civil rights leaders
• Ahmed, Talat (2018). Mohandas Gandhi: Experiments in Civil Disobedience ISBN 0-7453-3429-6
• Barr, F. Mary (1956). Bapu: Conversations and Correspondence with Mahatma Gandhi (2nd ed.). Bombay: International Book House. OCLC 8372568. (see book article)
• Bondurant, Joan Valérie (1971). Conquest of Violence: the Gandhian philosophy of conflict. University of California Press.
• Gandhi's correspondence with the Indian government 1942–1944
• About Mahatma Gandhi
• Gandhi at Sabarmati Ashram
• Works by Mahatma Gandhi at Project Gutenberg