INTRODUCTION
While our Motherland India is celebrating its 77th Independence Day on the 15th of August 2024, it is time to go back to the pages of history to understand our Independence struggle from other views apart from Political views, and nothing more sounds more relevant than the Legal view; from the eyes of the Lawyers who fought for the independence of the country to establish it as a sovereign, legal state. The struggle for freedom that started with the First War of Independence in 1857 gained power with national and regional campaigns, agitations, and movements, both violent and non-violent.
INDIAN NATIONAL CONGRESS AND LAWYERS
The establishment of the Indian National Congress in the year 1885, was a new and major step towards the Indian National Struggle, after the 1875 War of Independence. It was established by people who were lawyers by profession namely Motilal Nehru, Dadabhai Naroji, etc. whose aim was to show loyalty to the British Government. They conducted some Youth Parliament Debates and passed resolutions on matters that were less controversial and sent these to the Viceroy’s Office and sometimes to the British Parliament as suggestions for the betterment of the country. But these were never considered by the British Government.
The Indian National Congress turned into a party that aimed for the Independence of India after the members were divided into two where one opposed the policy of suggesting to the British Government. The Bengal partition in 1905 was fuel to the fire of the independence struggle. They started the Swadeshi movement where they adopted to boycott of British goods[1].
NOTABLE LAWYERS
The barrister from India who never wore a coat in India to boycott the British goods was the Father of our Nation, Mahatma Gandhi. He came back to India from Africa realizing the oppression faced by the Indians in his country from the British Raj. His non-violent movements had put him behind bars a lot of times, but his followers always advocated for him till his release.
“Swaraj is my birthright and I shall have it”, said the man who was a lawyer himself, Bal Gangadhar Tilak. He gave a new direction to the Indian National Congress as he firmly believed that British rule was not at all beneficial but rather extremely harmful. He was addressed as one of the most dangerous pioneers of disaffection and truly the father of Indian unrest.
Popularly known as Lal, Bal, Pal, Lala Lajpat Ray, Bal Gangadhar Tilak, and Bipin Chandra Pal were those eminent lawyers who made their effective in the freedom movement. Lala Lajpat Ray is known as Punjab Keshari and is known for establishing the Punjab National Bank and as a representative of Indian Labour. Rajendra Prasad, the first President of Independent India, had actively participated in the Champaran Movement with Gandhiji[2].
The Father of the Indian Constitution, Dr. B. R. Ambedkar was an eminent lawyer as well as a Dalit leader who had attended the Round Table Conference conducted in the year 1932. He worked for the upliftment of the Dalit society and the lower caste people and opposed the caste system and social discrimination. His protests led to the establishment of separate electorates under the new Constitution[3].
Pandit Jawaharlal Nehru, the first prime Minister of India, had completed his legal studies in London but pushed himself into the Indian National Movement where he was seen touring places to place to spread Gandhian ideas. He was the President of the historic Lahore Session in 1930 where he declared Purna Swaraj or Complete Independence.
The Rowlatt Act, which put the protestors in jail without any trial was protested by one Saifuddin Kitchlew who was a lawyer cum nationalist. He was one of the principal founders of Jamia Milia Islamia.
While the Kheda Movement was led by Gandhiji himself, where he protested against the high tax revenues imposed on the peasants, it was Sardar Patel, a lawyer by profession, who represented the poor farmers and led to a negotiation with the Britishers, who suspended revenue collections and released the prisoners. Patel did not limit himself to Kheda. He organized the peasants of Kheda, Borsad, and Bardoli in Gujarat in a non-violent civil disobedience against the policies of the Britishers. It was Patel who worked extensively towards the abolishment of alcoholism, untouchability, and caste discrimination in Gujarat and worked for women’s empowerment.
The calling off of Non- the Cooperation Movement led to a split in the Indian National which resulted in the formation of the Swarajya Party. This new party was led by Motilal Nehru, C.R. Das, Ajmal Khan, V. J. Patel, etc. who are known to be eminent lawyers. Earlier known as the Congress- Swaraj- Khilafat party, the Swarajya Party members elected Maulana Azad as the President of the Congress Special Session at Delhi.
One of the important events was the Nehru Report that was prepared after the All-Party Conference led by Dr Ansari, the then President of the Congress, and a committee including Tez Bahadur Sapru, a leading lawyer, which Motilal Nehru led. This committee was established to determine the principles of the Constitution for a free India. This Nehru Report was brought to address the communal issues which unfortunately failed to gain the support of a huge section of the Muslim groups led by Agha Khan and Mohd. Ali Jinnah.
Talking about Mohammad Ali Jinnah, the founding father of Pakistan, was a lawyer himself. He led the All-India Muslim League in from1913 and became the first Governor General of Pakistan after partition on 14th August 1947. Jinnah completed his legal studies in London and started practising in Bombay, before entering into politics. His reputation as a lawyer led him to take up the case of Bal Gangadhar Tilak when he was arrested under the charges of Sedition.
When three Indian National Army officers; Shahnawaz Khan, Prem Kumar Sahgal, and Gurbaksh Singh Dhillon were put on trial for treason, Congress formed a defence team comprising 17 advocates. The court-martial hearing started in October 1945 at the Red Fort and the defence counsel was Bhulabhai Desai and Afsal Ali. This trial also saw the involvement of Advocate Kailash Nath Katju as a defence counsel, who had also defended the accused in the Meerut Conspiracy Case in Allahabad High Court in 1933. The 17-member defence committee was successful in realising the three officers which still stands as a great success on the part of Indian Lawyers.
CONCEPT OF LAW IN INDIA
The concept of law came into India with the invasion of the East India Company in the 16th Century. Immediately after they gained power, the British Raj took over the throne and started imposing laws and policies in India. It was their laws, rules, and regulations that provided the British Raj to gain control over the provinces of India. This attracted many Indians which pushed them to pursue law in London and the knowledge they gained was by them in this freedom struggle.
Lawyers such as Mahatma Gandhi, Jawaharlal Nehru, Rajendra Prasad, C. R. Das, Motilal Nehru, Bal Gangadhar Tilak, etc. used their legal knowledge to not only protest the policies and laws imposed by the British Empire but also released the prisoners who were part of the movements to demand their Independence.
CONCLUSION
Lawyers played an indispensable role in India’s freedom movement and nation-building efforts[4]. Utilizing their legal expertise and strategic thinking, prominent figures such as Mahatma Gandhi, Bal Gangadhar Tilak, Lala Lajpat Rai, and Dr B.R. Ambedkar significantly contributed to mobilizing public support against British rule and advocating for social justice. Their leadership in various movements, legal battles, and negotiations with the British government was pivotal in achieving independence. Post-independence, their efforts in drafting the Constitution and establishing legal frameworks laid the foundation for a democratic and just nation. The legacy of these legal luminaries highlights the crucial impact of the legal profession in shaping India’s path to freedom and its subsequent development as a sovereign state.
Author(s) Name: Sibani Pattnaik (The Assam Royal Global University, Guwahati)
Reference(s):
[1] Nagra PS, ‘The Saga of The Komagata Maru: Part III’ <https://www.sikhchic.com/history/the_saga_of_the_komagata_maru_part_iii> accessed 3 June 2024
[2] ‘Dr Rajendra Prasad Birth Anniversary: Lesser-Known Facts About First President Of Independent India’ Pragativadi (3 December 2022) <https://pragativadi.com/dr-rajendra-prasad-birth-anniversary-lesser-known-facts-about-first-president-of-independent-india/> accessed 3 July 2024
[3] Goyal S, ‘DR. BR Ambedkar’s Mahaparinirvan Diwas 2022: 25 Inspirational and Famous Quotes by the Chief Architect of the Indian Constitution <https://www.jagranjosh.com/general-knowledge/dr-br-ambedkars-mahaparinirvan-diwas-1638776948-1> accessed 3 July 2024
[4] ‘National Archives Of India Acquires Invaluable Collection Of Shri Rafi Ahmad Kidwai’ <https://www.notopedia.com/board-details/34372/1/National-Archives-Of-India-Acquires-Invaluable-Collection-Of-Shri-Rafi-Ahmad-Kidwai> accessed 3 July 2024
