KLE LAW ACADEMY BELAGAVI

(Constituent Colleges: KLE Society’s Law College, Bengaluru, Gurusiddappa Kotambri Law College,
Hubballi, S.A. Manvi Law College, Gadag, KLE Society’s B.V. Bellad Law College, Belagavi, KLE Law
College, Chikodi, and KLE College of Law, Kalamboli, Navi Mumbai)

STUDY MATERIAL
for

ENGLISH
Prepared as per the syllabus prescribed by Karnataka State Law University (KSLU), Hubballi

Compiled by
Dr. Anita R

KLE Society’s Law College, Bengaluru

This study material is intended to be used as supplementary material to the online classes and
recorded video lectures. It is prepared for the sole purpose of guiding the students in preparation
for their examinations. Utmost care has been taken to ensure the accuracy of the content.
However, it is stressed that this material is not meant to be used as a replacement for textbooks
or commentaries on the subject. This is a compilation and the authors take no credit for the
originality of the content. Acknowledgement, wherever due, has been provided.
My Search for Truth

Dr. S Radhakrishnan

1
 INDEX
1. The Formative Years-----------------------------------
2. The Philosophy------------------------------------------
3. The Diplomat--------------------------------------------
4. The philosopher King-----------------------------------
5. The Man---------------------------------------------------
6. My Search for Truth-------------------------------------
7. Home life--------------------------------------------------
8. Philosophy and Religion--------------------------------
9. Life’s Problems-------------------------------------------
10. Grammar---------------------------------------------------

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CHAPTER – I The Formative Years
Dr Sarvepalli Radhakrishnan, a man who through the fulfilment of his destiny
changed the course of philosophy in the world. A true gem of a human being
whose principles teachings and virtues shine through him. He will always
remain the pride of India. Through his journey one will be able to see the
transformation in oneself by learning from the great one himself.
Dr Sarvepalli Radhakrishnan was born on 5th September 1858 in Tiruttani.
Born to a religious family with the father being a priest (from whom he learned
the three R’s), his meditative nature and love for Hinduism came naturally to
this shy boy. Throughout his journey of education, he always excelled and even
achieved first class in his University exams. He got married at the tender age of
15 years to Sivakamu, who was a devoted wife. Though his choice of obtaining
a degree in philosophy came to him as an accident, it was the driving force to
deepen his love for the Hindu Religion and a blessing in disguise that directed
him towards his destiny. The biased and derogatory nature of the Christian
missionaries created doubts in his mind but then was completely washed away
by the writings of Swami Vivekananda. This quality of the missionaries would
upset him, as he always believed that his religion taught him tolerance and
never allowed him to disrespect other religions. He later joined the Teacher’s
Training College in Saidapet, 1910. His depth of knowledge, command over
English language, not only impressed his professor but also his own classmates,
who were amazed at his capacity to convert a boring subject into an interesting
one. He was a true teacher to his students; guided them in both the subject
matter and personal life and memorised every student with their pet names.
Having come from a hard-working family background, he took tuitions to add
to his earnings and also shared them with his pupils in times of dire need. He
later went on to Chair the Philosophy department in Mysore, when University
of Mysore first began. He later on joined the University of Calcutta as King
George V Professor of Mental and Moral Philosophy. His talent was reflected
through his work in various publications in European journals and the books –
‘The Philosophy of Rabindranath Tagore’, ‘The Reign of Religion in
Contemporary Philosophy’, ‘The Indian Philosophy-Vol I and II’.

3
CHAPTER- II The Philosophy

Radhakrishnan surveyed Indian Philosophy and placed Indian philosophy on the

philosophical map of the world. He has given a touch of reorientation and
reconstruction to the traditional Indian thought. He clearly and comparatively
expounds all the Indian Philosophical schools.

Through the many roles he played he shone and painted the world with the
fragrance of his knowledge. In 1923 the first volume of Dr. Radhakrishnan’s
monovarietal work Indian Philosophy saw the light. This volume was a lucid
explanation of vedas and the Upanishads, an immortal classic that left its prints
in the hearts and minds of people. He was an ardent believer of Advaitha
Vedanta, but a true gem who treated every school with sympathy and respect.
His work was not only comprehensive but also sustained stylistic excellence.
According to Radhakrishnan, knowledge is inseparable from self existence. It is
knowledge which transcends the differentiation of subject and object. For him
knowledge pre-supposes unity or oneness of thought and being. Radhakrishnan
says, “ knowledge is concealed in ignorance and when the latter is removed the
former manifests itself.” Radhakrishnan divided knowledge into two kinds -
direct knowledge and indirect knowledge. For him intuitive knowledge is direct
knowledge and sensual knowledge and intellectual knowledge are indirect
knowledge. Sarvepalli Radhakrishnan was called to Oxford University, to
deliver lectures on Hindu philosophy. He used his lectures as a platform to
further India's cause for freedom. He also argued that Western philosophers,
despite all claims to objectivity, were biased by theological influences from
their wider culture. He showed that Indian philosophy, once translated into
standard academic jargon, is worthy of being called philosophy by Western
standards. He thus placed Indian Philosophy on world map. His speeches made
history and his created a storm with its knowledge and content it reformed the
minds of people. Some of the his speeches in Oxford University were also
published in a small book, East and West in Religion. He was also member of
the Committee on International Intellectual Cooperation.
His insight and views have managed to change the course of history, in a speech
once Radhakrishnan beautifully put across the cruel and sad course of mankind
by saying God gave us eyes but no sight; brains but no soul; science but no
philosophy.

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 CHAPTER- III The Diplomat

Radhakrishnan was the first Asiatic to hold the position of Spalding

professorship of oriental religion. He held the position for two years from 1938-
1940, he simultaneously held the professor of philosophy at Calcutta University.
Radhakrishnan in his speeches at Oxford and his book Eastern religions and
Western civilization gave a comparative study of both western humanism and
eastern religion where he presented that both streams of philosophy were a
concoction of the same spiritual vision and ethical power. During his tenure at
Oxford, he was invited by the British Academy to deliver the annual lecture on
the topic ‘Master Minds’ he chooses Gautama Buddha as his topic where his
speech was elucidated in such an easy and well-informed manner that it was
described as a lecture on a mastermind by a mastermind. 1940, he was elected
fellow of the British Academy and he was the first Indian to gain such a post.
He was also invited by Pandit Mohan Malaviya to become the vice-chancellor
of Banaras University. He worked as an honorary. So, during 1939-1940,
Radhakrishnan was holding three positions of a professorship at three different
universities. He resigned from his post at Calcutta University as his work in
Banaras had increased, later the university nominated him as the honorary
fellow of the university.

After independence, due to his clam and compassionate nature in 1949 he was
made the ambassadorship to the Soviet Union. Many doubted this decision
owing to the facts that Stalin and Radhakrishnan had opposing characters and
personalities. But, he was greatly successful at his job in Moscow. K.P.S
Menon wrote that the diplomats were intrigued by Dr. Radhakrishnan’s
personality. He was unconventional. He writes that during dinners at the Soviet
Union a serious decorum was maintained where guests had to be seated, enter
and leave according to their seniorities but Dr Radhakrishnan was indifferent to
such conventions. At 10 he would start humming and would show his
impatience by gently tapping on the table in front of him. Then he would start to
hum verses from the Gita, later finally taking courage he would get up, shake
his hands with his hostess and leave the party. Even before he arrived in the
Soviet Union, Stalin had great respect for the philosopher. When he left the
USSR on April 1952, Radhakrishnan recalls that ‘Stalin’s face was bloated and
that we patted him on his cheek and his back. Stalin said that Radhakrishnan
was the first person to treat him as a human and not as a monster. He was sad
that he was leaving and that he wanted him to live long. A member of the

5
embassy staff pointed out to Radhakrishnan that Stalin’s eyes were wet. If today
Moscow and Delhi have closer ties then it is largely due to the efforts of Dr
Radhakrishnan.

In 1952 he was appointed as the vice president of the country by Nehru. Many
again wondered why Radhakrishnan was chosen when there were many senior
party congressmen were there. As vice president, he would preside over the
Rajya Sabha. Since he had no alliances with any party and thus was respected
by all parties. He was well respected and well-liked due to his fairness, firmness
and good humour. In September 1952, he went on a 4-month tour of Europe and
the Middle East which was successful and was awarded the honorary Doctor of
Civil Law by Oxford University. In 1954, he travelled to Latin America. In
1956, he visited Singapore, Indonesia, China and Japan. He was re-elected
again as vice president as he was extremely successful in his first term. He
visited China, Indo-China, Mongolia and Hong Kong. Two years he attended
the East-west philosopher’s conference at Honolulu and the PEN Congress at
Germany. He had always stayed true to his roots as a professor and his morals.
His years as a compassionate professor and a deep understanding of philosophy
made him into an exceptional diplomat.

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 CHAPTER -IV The Philosopher King

In 1962, Dr Radhakrishnan was elected as the president of India. The first thing
he did as the president of India was to take a cut in his monthly salary from
10,000 to 2,000. He also announced that twice a week anybody could meet him
without a previous appointment. On June 1963, he went on a 3-week tour to
USA and Britain. The most astounding fact about the tour was that he landed by
helicopter in the White House grounds, no visiting dignitary was ever been
honoured this way before. The queen had conferred him honorary membership
of the Order of Merit. Pope Paul sixth made Dr Radhakrishnan a De Equastrine
Ordine Militae Auratae which translates as the Knight of the Golden Army of
Angles, the Vatican’s highest honour for a head of state. He paid a state visit to
Russia after the death of Nehru in May, he made subsequent tours to Ethiopia
and some East European countries. All the speeches he gave while visiting
countries on tours had one common theme that was the common humanity of all
mankind and the indestructible world of the spirit.

He never cared about the powers of the President and without minding about the
constitutional restraints of his post. He would advise, warn and encourage the
prime minister and his ministers. He would advise in private, but he never
hesitated to speak in public. The language crisis of February of 1965 was
managed because of his intervention. He played a very significant role during
two precarious successions to the post of prime minister. It was his
constitutional duty to smoothen out the process of appointment of a prime
minister. During Republic Day speech of 1967, he was not interested in another
term as prime minister, even though leaders of the congress party persuaded
him to stay for another term but he politely refused and gracefully stepped down
on May 9th,1967. He went to live in Madras, his hometown. He was awarded
the Templeton Award for his contribution towards the progress of Religion. He
was the first non-Christian to get the award.

In June 1974, Radhakrishnan suffered a heart attack and was admitted to a

nursing home. He made through the attack but never completely recovered from
the attack. He died on April 17th, 1975, in Madras nursing home at a ripe age of
86. Dr Radhakrishnan was the greatest philosophers of the world at his age. His
only goal was to understand humanity and recognize the humanity in all being.
Mrs IndIra Gandhi at of his death expressed that India had lost a person of

7
towering intellect and moral authority. She said, “Radhakrishnan’s scholarship
was phenomenal in its range and it was not of the ivory tower variety”. He was
a teacher who was deeply involved with the youth of the country. He was
invested in the problems of nation-building and contributed significantly to the
consolidation of our political traditions.

8
 CHAPTER- V The Man

Dr. S Radhakrishnan was a multi-faceted personality. He was a great scholar, an

eloquent speaker, a successful diplomat and an eminent educationalist. He
represented Indian culture, traditions and philosophy on a global level. But
above all he was a great man. The way he paid interest to each human being
was unparalleled, be it a common man or a monstrous dictator like Stalin.
One thing that everyone admired about him was his guts to speak out and puts
his thoughts on the common platform. He was such a great humanitarian that he
couldn’t stand the sight of human suffering. He termed ‘wealth’ as the root
cause for various ills in the modern society.
Another distinct character of Dr. Radhakrishnan was his amiability. He never
lost his temper and spoke harsh to others. Being such a renowned scholar with
greatness, he remained humble and attributed his success to his luck. When one
looked at him, the first thing anyone would assume was that he was a very
serious person, but not always was he that. He could take a joke and crack one
with his never-failing smile. He was also a very simple man who always dressed
in Indian style in spotless white. He can be termed as a classic example of the
saying ‘Simple living, High thinking’.
One feature of Dr. Radhakrishnan that made highlighted him from other
scholars was his ability to speak. A.R. Wadia stated that his public lectures were
a highlight due to his ability induce cheerfulness which made him a delightful
conversationalist.
Radhakrishnan had a different view towards children and stated that by
channelizing the children through proper channels, we could improve the
physical and the mental health of the entire community, which is why he called
children as the ‘wealth of a country’. He felt that each child was distinct and had
a different and individual personality and strongly felt that a child must be
rightly directed in order to enrich both the child’s life and also human life in
general. He had a knack of making children enjoy his company.
One example for this was a situation where Radhakrishnan was travelling in a
first-class compartment of a Madras bound train with Mr. D S Sharma, where

9
he was also accompanied by two small children- a girl and a boy who initially
were overawed looking at Dr. Radhakrishnan in his awe-inspiring attire.
However, Radhakrishnan realized that initiated a conversation with them in a
soft tone. What started as a general attempt to talk to the children, ended up
with the children roaring with laughter by the end of the ride.
His view over marriage makes one think of how advanced Radhakrishnan’s
thoughts were for a person of the 20th century. He strongly felt that an Hindu
wife had the options of divorce in case she wasn’t happy with her marriage. He
also supported widow remarriage in a time which had practices like sati still
prevailing. He strongly believed that the sanctity of marriage was prevalent in
togetherness, but he also wanted a change in the Hindu Law which would
permit divorce. He also supported women education and strongly believed that
an average Hindu woman was superior to an average Hindu man due to her
ability and capacity to multitask among various things.
There was one instance when Dr. Radhakrishnan was president and paid a state
visit to the UK that Mr. Chagla, the then high commissioner of London recalls.
Being a President with pre-scheduled tasks, he immediately planned to visit
Allen & Unwin – His publishers to check on how the sales of his books were
doing. This truly demonstrated of how completely oblivious the President was
of his own high position.
An example of his humility was that the Rashtrapati Bhavan’s doors were kept
open for everyone to approach him and represent their grievances. There were
various times when the then Prime Minister Jawaharlal Nehru also would meet
him regularly to seek solace and inspiration.
Dr. Radhakrishnan also was brilliant author who wrote various books related to
Indian philosophy and culture and was in fact one of the prime reasons to place
Indian philosophical on the global map. He was also regarded as a figure of
Modern Hindu Renaissance along with Gandhi and Tagore as he was one of the
greatest modern exponents of Hinduism along with a thought for religion in
general. His thought “Universal religion, the religion of humanity” impressed
Harvard University most during his lectures there. He had a saintly personality
but didn’t want to be called one and preferred to be human as he enjoyed the
simple pleasures of life and that he also was devastated when the personal
relationships he held high were spoilt or betrayed. Humanity was
Radhakrishnan’s religion.

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 CHAPTER -VI My Search For Truth

Dr Radhakrishnan was born in an orthodox Hindu family on September 5th of

1888, in Tirutani near Madras, South India. He spent his childhood mostly in
Tirutani and also Tirupati, both noted Hindu pilgrimage centres. He did not
have any advantages of birth or wealth but always had faith in the reality of an
unseen world behind the flux of phenomena, a world which we apprehend not
with the senses but with the mind, and even when he faced grave difficulties
this faith remained unshaken.
He was very shy i.e. even at social functions he wouldn’t be very comfortable
except for one or two who knew him well and would get along with him. But he
also had the ability to be in rapport with any individual irrespective of their age
in times of need. So, he being shy and lonely, passed for a social and sociable
man at times of need. Often his timid nature gave others an impression that he
was hard to understand and also people misunderstood him to be cold and
strong-willed while Radhakrishnan was quite the opposite.
Radhakrishnan was capable of strong and profound emotions which he often
concealed, while he was also nervously organised, sensitive and also high-
strung (sensitive temperament).
Radhakrishnan regards luck very highly and actually calls it as an essential
factor for his success and in fact compares a higher energy to be as the captain
steering him towards the various choices and decisions made in his life. He also
clearly states that as he attributes his success to luck, he however doesn’t wish
to associate his failures to ill-luck and says that his achievements aren’t largely
his, but his failures wholly are due to his own doings.

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 CHAPTER – VII Home Life

Dr. Sarvapalli Radhakrishnan was often reminded of Hegel's saying that a man
has made up his account with his life when he has work that suits him and a
wife whom he loves. While men fill their feverish days with politics and
business, women who are less sophisticated and closer to reality, display that
the true meaning of life is not exhausted by its regular routine. In the battle
between those who declare that only those things are real which can be touched
and handled and those who believe in the reality of eternal values, the women of
India are found fighting on the side of eternal values. They lend an importance
and depth of meaning to the passing events of our daily life. Radhakrishnan says
that though many of his class and generation were married earlier than usual
marriages like in the western countries, these marriages were successful. The
Hindu ideal of wife still has a strong hold on unsophisticated Hindu women
who consider the fact that " If he is faithless, I must be faithful. If he is shaken, I
must abide. If he sees another, I must await his return." He says that a pure
unquestioning love that triumphs over the weakness of the loved one is perhaps
the greatest gift of heaven.
An Indian married life is full of tenderness and deep affection, its value
can be increased if suitable changes are made in the social institutions that have
become steady because the legislatures are not willing to interfere with social
customs. Radhakrishnan says that the only security which Indian women have
against the breaking of their bodies and minds is the goodwill of the husbands
and this is not enough in our present conditions.

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 CHAPTER – VIII Philosopher and Religion
Chapter 8 begins with Radhakrishna tracing out the reasons for his initial foray
into philosophy. We understand that at an impressionable stage in his life,
before he embarks the journey as a student of philosophy, he sees the
intellectual world around him, surrounded by Christian missionaries levelling
charges and challenges on the Hindu way of life and its practices. This hurts
him deeply and his plight as a seeker of truth, is worsened further, as he
observes that the so - called Hindu ascetics and scholars who preserved for
members of the Hindu fold, a living contact with the classical forms and
cultures of ancient India, were actually not religious. He remarks, and
understandably, with regret that many are either superstitious or ignorant. He
mentions that the likes of adherents such as the illiterate villager, the
superstitious woman, or the devout pilgrim who spends his life savings to take a
dip at the holy Ganges are, in some ways, more familiar and connected with the
spiritual world than the Hindu elite intellectual, who were comfort minded and
eager for life. He observes that modern day sophistication has led all of us to
reject ghost and God and in the same breath, mentions that while we, and other
intellectuals reject outworn, outdated superstitions, it wouldn't be very fair to
subject the believers of certain non - harmful superstitions, as outlandish as they
might be, to our derision. We can see that he doesn't endorse people being
sanctimonious in the matters of faith. Later, we see his initial insights on
Hinduism, and he links it to his Hindu upbringing which taught him tolerance
and acceptance, which he says, are key markings of the Hindu tradition. He
gives us examples of the Vedic Aryans and their assimilation into the local
elements of spiritual dispositions. Radhakrishna mentions how in the holy book
of Gita, it is said that a seeker is in a relationship with the Supreme One, even if
he prays to any God, or believes in any God. He also tells the readers that
symbols of God are only vessels that help a seeker establish some connection
that he finds tangible but that, only at the end of religion and doctrinal
understanding, can one feel the true sense of God. Radhakrishna opines that
great truths of life can be imparted by wise mentors to people who are willing to
deepen the horizons of their quest for understanding. He uses the example of the
Clement of Alexandria, where he says that there is a manifestation of God in all
right minded people, to contrast the attitudes of fanatic Christian missionaries

13
who didn't hold back from deriding the objects of reverence as held by people
belonging to other faiths. He later says how serious students of comparative
religion, however, are impressed by the general aspect of God and how, he
believes, all truth has its source in God. One of the most insightful ideas we are
introduced to, at this stage, is that selective interpretations of God's revelation,
as it being something meant for only a few chosen people, is contrary to the
infinite love and justice of God. He rejects the monopolization of spiritual ideas
and warns people from falling prey to the idea that their religion is superior to
other religions. Later, we move on to him documenting his days as a young
scholar of philosophy and religion and how, he took it upon him, the challenge
of Christian critics, to find out what Hinduism of the day really was. As a part
of his master’s degree, he, as a student of twenty, wrote a thesis on the ethics of
the Vedanta system, where he argued that it was indeed an ethical system which
had many nuances to it. For this, he received praise and endorsement from his
mentors, who in their testimonials to him, wrote about how great an
achievement it was. In 1909, when he was appointed the teacher of philosophy
at Madras Presidency College, he upon being engaged in a serious study of
religion came to a conclusion that while religion had smears of morality, it
wasn't to be confused with morality, and that, it was a thing of autonomous,
personal experience concerning the inner life. He differentiates between the
moral man and the spiritual man where, the moral man is one who can be highly
moral and scrupulously practice virtue and not have a vice, but bereft of faith
and hope in a spiritual direction, he ceases to become a religious man and
remains a moral one. For Radhakrishna, religion is something that gives our
very person, a point of contract, which it needs for its true dignity, a sense of
vital power and resilience in the face of woe, with the hope of saving. On the
question of Hindu religion, he says that it cannot be considered detached, and
that, according to it, its very aim is to help attain knowledge or a vision of God,
with help of ethics. He tells us how the Mahabharata considers the mark of a
true adherent not in terms of learning and religion but conduct and that the
Indian civilization has philosophy woven into its makings. We also find that he
wrote about the ethical character of Hindu religion is several magazines such as
Monist, Quest and the International Journal of Ethics. Radhakrishna then moves
on to tackle an issue arising from the misinterpretation of the dichotomy of the
illusory character of the world and the ethical seriousness of the Hindu religion.
He teaches us that the doctrine of Maya declares that world is ultimately derived
from reality. He further mentions that it in a state of perpetual dynamism and

14
breakage, as compared to the real, the supreme that is higher and exempt from
change. He warns the seekers to not confuse this state from a state of non -
existence or illusion and cites the example of how even the great Saint, Sankara
distinguishes the phenomenal existence of the world and the non - existence of
dreams and illusions. We know that his intellectual positioning found great
support in the writings of Rabindranath Tagore on Hindu ethics and Maya, and
he made a study on his teachings to which Tagore generously praised and
appreciated the efforts that Radhakrishna put in. In 1918, he was appointed the
professor of philosophy at the new University of Mysore and he pursued a non -
dogmatic, spiritual view of religion. He put forth a notion that philosophy led
people to an absolutist or spiritual view of religion. This becomes one of the
most important ideas of his to understand, where he states that if philosophy, as
pursued by a man, yields support to a pluralistic notion of idealism which looks
upon God as the leader of immortals and humans, them, as eternal spirits with
unique and irreplaceable significance, this thought process is one that is
influenced by our religious prepossessions. In the same vein, he pointed out that
legendary philosophers and thinkers such as M. Bergson, Leibniz, Russell,
Balfour etc, were all supporters of pluralism which was traceable to the
interference of religion in the pursuit of philosophy. This later became a widely
acclaimed, revolutionary thesis titled, 'The Reign of Religion in Contemporary
Philosophy'. Professor Hinman of America in his presidential address to the
American Philosophical Society spoke about, 'two representative idealists',
Bosanquet and Radhakrishna, which he considers as a very huge honour. In
1921, he was appointed to India's highest philosophy chair, King George V
Chair of Mental Science in the University of Calcutta. It was when he was here,
did Professor Muirhead invited Radhakrishna to write an extensive account of
Indian Philosophy for his famous, 'Library of Philosophy'. This then gave birth
to his famous work, 'Indian Philosophy', it its two-volume form. He attempted
to show the interconnection of different Hindu philosophical views of life and
endeavoured to take Hindu thought into the mainstream. Later, the
Encyclopaedia Britannica asked him to write an article on Indian Philosophy.
Being a frequent contributor to the Hibbert Journal, Radhakrishna was brought
into contact with its editor, Dr. Jacks, the principal of Manchester College,
Oxford, who invited him to give the Upton lectures on the Hindu View of life,
in 1926. Coincidentally, the University of Calcutta too, deputed him as its
representative at the Congress of Universities of the British Empire and the
International Congress of Philosophy at Harvard University in 1926. In these

15
lectures, he spoke about Hinduism as a progressive historical movement, still in
the making. He mentions here, that the weakens of the Hindu religion comes
from a position of confusion between tradition and truth and mentions that truth
is greater and more important than everything else. He cautions the seekers that
the origin of the race was strewn with customs and traditions that were
invaluable at first but deadly later. He categorically mentions that gross abuses
which still survive, must be unsparingly be done off with. Hinduism, he says, is
not to be regarded either pessimistic or fatalistic. In the Harvard lectures, be
spoke at great detail about the lack of spirituality in modern times. He states that
while science helps us build our superficial life, something else is needed for
strengthening the inner spirits. He opines that our natures are becoming
mechanised and hollow from the inside. Some recent attempts at re-planning the
society, he says, are attended with this danger. Radhakrishna introduces to his
readers, one of the most profound ideas when he talks about the standardization
of souls, and this, in aggregation with a loss of self-confidence and a tendency
to seek salvation in herds. He suggests that it's important to build a holistic man.
And for this, he believes, the soul has to gain inner peace. He uses the imagery
as brought out by Huxley and negates such an existence. He says that
elimination of the inner world of personal experience is not a sign of progress.
He attributes the present crisis of civilization to the loosening hold of ethical
and spiritual ideas. Radhakrishna asks the readers to not accept the collapse as
an inevitable happening, as that would be the surest way to bring about it.
Radhakrishna states that war, unlike earthquakes, is a human phenomenon, and
just like earthquakes, one must do their duty to investigate the causes for it.
Radhakrishna opines that the insufficiency of democracy in the present society
is its fundamental defect. He defines the basis of democracy as something that
grants a recognition of the dignity of the human being. He believes that the
communist doctrine is a crude one but recognises that the adherents of it are
people who are newly conscious of their rights who are now clamouring to
wrest them from their oppressors. In the same breath, he believed that
dictatorships are political devices born out of despair. He sheds light on the
inadequacies of the League of Nations in that, it being an instrument in the
hands of strong nations to maintain status quo and oppose those who demand
change. He chalks out the irony of the League where the high-ranking officials
are like the patriarchs of the past, conservative, dogmatic and unjust. He
mentions that the League consists of satisfied powers and weaker nations. Later,
he points out the hypocrisy of Great Britain where they complain about Italy

16
and German's expansionist manifestations while they themselves being the
worst offenders of it. Radhakrishna then segues brilliantly into the concept of
civilization. He deems it as an act of spirit rather than mind or body. He
believes that acts of morality and spirit are far more important than
achievements of knowledge and power. He wishes for men to not remain mute
spectators of a progress that is imminent in human history, rather do their bit
and contribute a verse. "Every age is what we choose to make of it", exclaims
Radhakrishna. He states that the complexity of human life ceases to be it, if
premised only on a basal understanding of human fellowship without
understanding the environment it is built in. Radhakrishna says that the only
way to effectively alter society, is through the hard and painstaking way of
reforming individuals that make it. These views were expressed by him in 1929,
upon assuming the post of principal of Manchester College, Oxford. This was
when we also gave the Hibbert lectures on, 'An Idealist View of Life'. In these
lectures, he presented some of the ultimate problems of philosophy. He states
that men are now asking for reality in religion and are rejecting a ceremonial,
aesthetically premised one. They want to understand the primordial reality and
life itself. At this stage, he is quick to remind the seekers of the number of
substitutes that have come up post the death of mechanical religion, however,
these fragments of secular wisdom are not to be mistaken for viable religions.
He further observes about civilization that, being premised on politics and
economics, two components which do not take their direction from ethics and
religion, suffers from being soulless. Radhakrishna states that religion is not a
creed or a code but an insight into reality. It is not to be limited to
intellectualisation, as that would justify the ancient practice of armed societies
fighting for the legitimacy of their interpretation, instead, it has to be seen as a
medium of direct acquaintance with spiritual reality. In his insights about
spiritual reality, he states that spiritual certainty is conveyed by spiritual
knowledge, one that isn't logical but super - logical, one that is integrally
insightful and intuitive. He rejects the position given by Hegel and the
rationalists to reason, as being the highest. While he concedes that rationalist
dispositions have enormously benefitted the humankind, he asks them to raise
the further question of the limitations and universality of scientific knowledge.
Radhakrishna gives the illustrations of electrons and protons and how they do
not clear up the mystery of reality, of the deepest convictions of man for which
they are sometimes willing to die, to make a case for the unknown aspects of
scientific dissection. He tells the seekers that Hindu philosophy is a continuous

17
affirmation of truth that insight into reality doesn't come from only analytical
intellect but also from the integrality of human mind. He says that while
rationality of the world is transparent to the intellect, its mysteriousness can
only be grasped by intuition. He rejects Bergson's proposition that intuitive
knowledge is the opposite of intellectual knowledge. Right at the outset of this
question, Radhakrishna states that intuition should be relegated as a sensual
thrill or an emotional debauch. He says that if intuition is not supported by
intellect, it would lapse into self - satisfied obscurantism. He concedes that the
prophets, religious geniuses and intuit cosmic truths which cannot be
communicated, except imperfectly. Radhakrishna believes that the end of man
is to let the spirit in him permeate through his whole being and that, one attains
his deepest self only by losing his selfish ego and a radical sense of self.
Radhakrishna's utopia is one filled with those who have deepened their
personalities and integrated their lives. He proclaims that no individual is really
saved until the whole society is perfected. He states that the temporal becomes
the eternal when the goal is reached, and the process disappears. At this point,
Radhakrishna explains to the seekers that God is not the great silent sea of
infinity in which the individuals lose themselves but the divine person who
inspires the processes first, last and without ceasing. He finally states that God
is not a mere figment of our minds but a real symbol of the Absolute reality.
When there is a complete identity between God and the world, he himself would
lapse into the absolute. Creation being thus at once ransomed and annulled by
the cessation of the impulse to individuate.

18
 CHAPTER – IX Life’s Problems

In chapter IX Radhakrishnan talks about, how his position as a professor

brought him close to young men and woman in the plastic years of their life.
He continues on by emphasising the importance of philosophy and its aim of
elevating man above worldliness, of making him superior to circumstances, of
liberating his spirit from thralldom of material things.
The time he got to spend with his pupils, he was privileged to educate them on
belief in spiritual and ethical universe. He explains the existence of god, by
saying that worship does not consists of fasts and prayers but in the offering of a
pure and contrite heart and God is inside people, they only have to turn within to
realize the truth. He gives an example of how men search for flowers to worship
God when they only have to offer their pure heart. According to him, men
should make themselves as a living sacrifice to God as no unclean or impure can
be offered. His idea of a" pure heart "is in cultivating values and applying them
in real life occasions and free oneself from suffocating routine, masks and
mummeries of existence. In order to achieve this one should cleanse their
thoughts and create a clean and single mind within.
Dr. Radhakrishnan believed that the truly great are not those who have more
money or brains or higher social positions, at the end everyone is equal before
god what matters is whether we have been kind to others and honest and sincere
with ourselves. A person can be rich and healthy but it necessarily doesn't mean
that he is happy. He may have put up a front of being happy when he is actually
suffering from unhappiness and loneliness. Radhakrishnan tries to explain the
suffering of humans, he says only those who suffered can actually grow. It
doesn't matter if you are rich or poor, we all have our own problems but at the
end we only grow by facing and overcoming them.
The best side of human being is his real side, he must be completely truthful to
himself, must never lie. As long as we expose ourselves to truth all the anxiety
we face is worth it. He explains, according to Mahabharata, truth is penance and

19
sacrifice of a high order. One should reverentially bow unto truth. “The world is
a mixture of truth and illusion, even as man is a complex mixture of the eternal
and temporal. He talks about God and says God does not say ‘I am tradition’, but
he says “I am truth. Truth is greater than its greatest teachers.
In this unit Radhakrishnan helps us understand God, relationship, religion,
sacrifice and truth all the things which people find difficult to understand and
incorporate. His teaching focused on making people understand these elements
and cultivate good value amongst themselves.
He says that from Buddha to Christ down to lesser morals have striven to
lighten the load of humanity, to strengthen the hopes. Just like greater immortals
he wishes to spread kindness and affection. His teachings are inspiring and
insightful, his words always brought solace to people. Radhakrishnan’s “My
Search for Truth’’ is essentially a discovery of Radhakrishnan and ‘discovery’ of
his India in the aspect of philosophy.

20
 THE LAW AND THE LAWYERS

SECTION 1: GANDHIJI AS A LAW STUDENT

CHAPTER 1: PREPERATION FOR ENGLAND

After passing his matriculation examination Mohandas joined the Samaldas
College, Bhavnagar. As he did not find the classes interesting, he returned home
after the first term. There was a big surprise awaiting him. His eldest brother and
a family friend, Mavji Dave suggested that Mohandas should go to England to
study and become a barrister. Mohandas was thrilled. There was a chance for
him to see the world but his mother did not like the idea of his going to England.
She did not want the youngest son to stay away from her. There was also the
problem of money. Moreover, she feared that Mohandas would lose his caste if
he crosses the ocean. The family friend assured her that there would be no much
difficulty and everything would be alright as his son Kevalram also stays in
England but his mother was still opposed to the idea. Mohandas pleaded with her
to allow him to go and he took a vow not to eat meat, not to drink and not to
touch a woman. Putlibai at last gave in and allowed him to go to England. On
September 4th, 1888 Mohandas left Bombay for England. Dressed in western
style he stood on the deck as the ship slowly steamed out of the harbour. He was
sad but was also excited.

CHAPTER 2 - PREPARATION FOR THE BAR

Gandhiji has been a very industrious student. He has written about the
difficulties he encountered due to his poor English. He put tireless efforts in
improving English. He studied Latin as well. His autobiography has many
references as to the books he read. It is pertinent to note the keen Gandhiji has
shown in purchasing his own copies and reading.

21
 There were hardly lectures to guide him. Gandhiji has also written the
curriculum was easy and examinations were easier.
Besides his law studies he passed the University of London matriculation
examination in June 1890 as he wanted to sit for a tough examination. He passed
in French, English and Chemistry but failed in Latin. He tried again and at last
passed in Latin. While he progressed in the study of law, in November 1888 was
admitted to the Inner Temple, the Bar.

CHAPTER 3 - ‘CALLED’-BUT THEN?

Being called to the bar was the main reason behind Gandhi’s going to England.
The two basic conditions to be fulfilled before being called to the bar were-
‘keeping terms’ and ‘passing examination’.
Mohandas was shy. He rarely left his cabin. He even ate his food there alone as
he was not sure about those unknown dishes served at the shop. He thought they
might contain meat. He did not wish to break his vow to his mother. So, he lived
on the sweets and snacks that he had taken with himself.
On the other hand, the curriculum was easy and there were two main subjects
that is the Roman Law and Common Law. Scrambling through notes on these
subjects for two- or three-months students could pass. Also, the pass percentage
used to be very high. Regular textbooks prescribed were scarcely read by
student but Gandhiji did not emulate them.
Finally, he passed the examinations and was called to the bar on the 10th of
June 1891, and enrolled in the High Court on the 11th.The following day, June
12, he sailed for India. Gandhi's three-year stay in England was eventful.
Those were days of great intellectual activity, and there was tolerance for every
school of thought. The country as a whole was a living university.
Gandhi also said that other than India, he would rather live in England than any
other place in the world.

MY HELPLESSNESS:
Although Gandhi passed his examination but was still worried as he did not
know the art of practicing law. Besides, he had no idea of the Hindu and Muslim
Law and also did not know how to draft a plaint.
He talked to some of his friends about his rough times. One of them suggested
that he should seek Dadabhai Naoroji's advice and also recommended him to
22
meet Mr. Frederick Pincutt who was a conservative and had deep affection for
Indian students.
After meeting Mr. Pincutt Gandhi felt a little relieved but as soon as he left his
place, the same thoughts starting bothering him again.

As Gandhi sailed for home on the S.S. Assam, Pincutt’s advice were like a little
ray of hope in his hard times.

SECTION 2: GANDHIJI AS A LAWYER

CHAPTER 4 - HOW I BEGAN MY LIFE
M.K. Gandhi after completing his education and qualifying as an advocate
returned to India to practice his profession further. He was returning from Eden
in England on a ship to Bombay dock. He came bearing fears and doubts in mind
on how to proceed as a lawyer in India. His elder brother had come to meet him
on the dock and he also made acquaintances of Dr. Mehta and his elder brother
who insisted Mr. Gandhi to stay with him in Bombay. Their relationship which
started in England turned out to be a permanent friendship over time. Gandhiji’s
elder brother had high hopes for him. His desire for fame and wealth made him
leave no stone unturned in order to prepare the field for Gandhiji’s practice.
By the time Gandhiji returned to India, two sects were divided. One which
accepted him and the other thought that going to England had made him unholy.
So his brother took him to Nasik and gave him a bath in the sacred river.
Gandhiji, out of respect towards his brother followed all his instructions and on
completing the ritual they finally reached Rajkot. It was a delight for him to
meet his boy who was now 4 and the other children of the house. He enjoyed
their company and wanted to help them in their education as well.
Everything was reformed on his arrival. Be it food, cutlery or clothes. All of it
was transformed according to the European culture. New dish like oatmeal
porridge and cocoa as a beverage was introduced. Naturally, the expenses went
up. New things were added on a daily basis and Gandhiji thought that practicing
in Rajkot would do him no good. No client would have hired an inexperienced
lawyer so he took his friends’ advice of moving to Bombay to gain some

23
experience in the high court before practicing. Bombay was no easy as there was
less income and more expenditure. All of these difficulties made Gandhiji think
that a barrister’s job was bad. More of exterior show with less of knowledge.

CHAPTER 5 – THE FIRST CASE

While living in Bombay, Gandhiji started reading the Indian law and his
experiments in dietetics with his friend Virchand Gandhi. For Gandhiji study of
Indian laws like civil procedure code and evidence act was very monotonous and
tedious. His friend Virchand Gandhi was preparing for solicitor’s exam and
would tell him stories of all barristers and vakils. He told him that Sir
Pherozshah’s ability was all because of him profound knowledge of law. He had
many laws at his tips and on the other hand, Badruddin Tyabji’s argumentative
skills used to awestruck the judges. According to Virchand, it was not unusual
for lawyers to spend a few initiative years in monotony and dullness.
Gandhiji’s expenses were mounting every month and in the meantime he
developed liking for the Evidence Act and read Mayne’s Hindu law with deep
interest. But even after all this, he was still not confident enough to fight his first
case. He felt as helpless as a newly wedded bride.
By this time, he took up a small cause case of Mamibai. He was asked to pay
the commission like everyone else but he out rightly declined and was adamant
on his decision. He said that he would be content with Rs. 300 per month. He
charged Rs. 30 for this case because he thought that it was just a day’s work.
This case was his debut in ‘small cause’ case and since he was fighting for the
defendant, he had to cross question the plaintiff’s witness. As soon as he stood
up to do so, his heart seemed to sink and he felt light headed. He was all numb
and couldn’t utter a single word. He sat down and told his agent to set Mamibai
with Mr. Patel who charged Rs. 51 and a case like this was a cakewalk for him.
Gandhiji left the court in shame and thought to not take any other case until he
was courageous enough. Also, according to him nobody was a fool to entrust
him with a case yet. He took up his next case in South Africa.
But there was another case of a poor Mussalman, who wanted a memorial to be
drafted. Gandhiji did it and his friends approved of it. This gave him a little bit
of confidence but the real worry was that just drafting memorials won’t put
breads on their plates so he thought of teaching English to matriculation boys.
He applied to a school as a teacher but was denied the job because he was not a
graduate even after having strong command on the subject. So the lack of
resources made Gandhiji switch back to Rajkot and continue his drafting there
among his family and hence his small establishment in Bombay closed.
Although he endured few habits in order to survive in a costly city like Bombay.

24
One of which was walking to his office and back home which according to him
is still paying him with lots of benefits. He points out the walk of Dandi March
here.

CHAPTER 6 – THE FIRST SHOCK

Even though Gandhiji was disappointed on leaving Bombay, at least he started
earning a sum of Rs 300 per month in Rajkot. His brother’s partner had a settled
practice there so he drafted applications and memorials for his poor clients since
he gave the important cases to big barristers. Coming to Rajkot brought a big
change in Gandhiji’s principles. He had to start giving commissions now
because he and his brother had a joint establishment and all the cases he used to
get was from his partner so in order to pay him as well, this had to be done.
Gandhiji deceived himself anyhow and made both ends meet. This was the time
when he got the first shock of his life.
Gandhiji’s brother was the secretary and adviser to the late Ranasaheb of
Porbandar before he was installed on his throne and he was accused of giving
Ranasaheb wrong advice while he was on that post. The matter had gone to the
officer who was prejudiced against him. Until then, Gandhiji had not seen a real
British officer face to face but had only heard of him. This officer was friendly
to him back in England so his brother wanted him to put a good word on his
behalf. Gandhiji found it disturbing and he said that if he was really innocent
then he should follow the law, draft a petition and face the result and on the
other hand if he was guilty then what use was his recommendation. His brother
did not listen to him and asked Gandhiji to do as he said because influence
works and also he had to follow certain duties of being a brother.

He couldn’t refuse his brother and had to go against his will. He was fully
aware of the fact that he was losing his self-respect in doing so but he had to. He
went inside, made the officer remember him but the officer on leave and that on
duty were completely different. He understood that he was there to exploit his
acquaintance. His voice turned stiff and he asked Gandhiji to send his brother
through all lawful channels if he has any problem. He didn’t want to hear
anything from him and asked him to leave immediately. Due to his selfishness,
he wouldn’t do so, so the officer ordered his peon to take him outside. This made
Gandhiji very angry and he wrote a letter telling him that he assaulted him
through his peon and insulted him. He wanted him to make amends. In reply, the
officer stated that he asked him to leave politely and he didn’t do so. Hence
proper action was taken and he was free to file any complaint against the same.

25
 This answer broke Gandhiji and he came to his brother and told him about
whatever had happened. He was grieved too. He spoke to his lawyer friends as to
how to proceed against the officer because Gandhiji didn’t know how. By
chance, Pherozshah was in Rajkot at that time and he sent his case papers to him
through a lawyer seeking his advice and not by himself because he thought of
himself to be really small in front of a personality like him. He advised Gandhiji
that it was common in barristers and lawyers. He didn’t know these officers as
he was young and just returned from England. He asked him to swallow the
insult because going against him will do him no good and on the contrary would
ruin him. This was hard for him to accept but he did that anyway and vowed
never to misuse any friendship like this in the future. This shock changed his
entire life.

CHAPTER 7 – PREPARING FOR SOUTH AFRICA

According to Gandhiji, he was at fault going to that officer but the way he
behaved after being drenched in pride and power was uncalled for. Five minutes
was all he asked for but he didn’t get that and later he came to know that the
officer was very impatient and treated all his visitors who were even a little
unpleasant. But most of his work started to be in that officer’s court only and
already having gone against him once, he had no desire to remain silent now.
After spending some time there, he started to get an idea of the politics that was
going on in the state. He found out that some people played a very important role
in this politics especially the officer’s shirastedar who according to him
definitely exceeded the amount he was supposed to be paid.

Gandhiji found this environment very destructive and poisonous. His brother
saw that he was not happy and was just surviving anyhow. He wanted to be free
from this atmosphere of intrigue. But without intrigue a ministership or
judgeship was out of the question. And the quarrel with the officer stood in the
way of his practice. His work was to secure more power for the prince since
Porbandar came under administration and to help Mers in case of heavy land tax.
He was successful in securing some power for the prince but was not able to
provide any relief to the Mers. He couldn’t have done anything because
whatever he tried, the administrator declined their interference. In the meantime,
a Meman firm from Porbandar reached Gandhiji’s brother seeking him to let
Gandhiji join them in the case in South Africa with their claim being 40,000
Euros. Gandhiji was tempted at this offer. His brother introduced him to the late
Sheth Abdul Karim Jhaveri, a partner of Dada Abdulla and Co., the firm in
question. He assured him that the task won’t be difficult and he will be making
acquaintance with the Europeans and his English skills would be handy to the
26
firm. They wanted Gandhiji for a year on a sum of 105 Euros and all other
facilities. He thought that this was more being a slave to the firm than a barrister
but the desperation to get out of India overshadowed every feeling and he was
ready to go to South Africa.

CHAPTER 8 – ARRIVAL IN NATAL

Now, leaving for South Africa was not as difficult as compared to leaving for
England because he was grown up and already had experiences of living abroad.
He had to leave from Mumbai and it was no unusual affair for him to move to
Bombay from Rajkot. The only thing that was difficult was his partition with his
wife. They had another child after he returned from England and their love
seemed to be purer. They both felt the necessity of being more together. The
only thing that made their separation bearable was the need to get out of India
and his attraction towards South Africa. He was to get his passage through the
agent of Dada Abdulla and Company but no berth was available. He was asked
to board on the deck and was assured that his meals would be offered in the
saloon but being a barrister, he thought that would lower his self-respect so he
declined. He did not believe the agent so he met the chief officer. The chief
officer told Gandhiji that they usually don’t have this much of rush but it was
now because of the arrival of the Governor-General of Mozambique. But the
officer was ready to give him an extra berth in his own cabin. He took this offer
and set forth to try off his luck in South Africa.
They reached the first port of Lamu in about 13 days. The captain of the ship
started to like Gandhiji because he wanted a partner in chess and Gandhiji
agreed. Gandhiji was a naïve player and the captain liked to teach him. Every
time he lost the game, captain went eager to teach him the moves. He also liked
Gandhiji because he was a patient pupil. Gandhiji liked the game, but never
carried his liking beyond the boat or his knowledge beyond the moves of the
pieces. After Lamu, the next ports were Mombasa and Zanzibar. There was an 8-
10 days stay before their move so he decided to take hotel and explore the place.
He was amazed to see the trees and its big fruits. After this, he boarded the next
ship and reached Natal.

CHAPTER 9 – SOME EXPERIENCES

At the port, Sheth Abdulla was already present to receive him. There the first
thing he noticed was the disrespectful behavior towards the Indians. He was
taken to the firm’s quarter and was shown his room next to Sheth Abdulla’s.
They both could not understand each other. Sheth thought that his lifestyle was
expensive due to the way he dressed. Also, the defendants were in Pretoria and
27
he had his clerks taking care of them and he was left with absolutely no work to
do. Sheth was illiterate but he had a huge fund of experience. By the time he had
gained the amount of knowledge of English which was required in conversations
and his firm was biggest Indian firm in Natal. He was intelligent and he knew
that. But the only thing that Gandhiji made conscious that he was very
suspicious. He was proud of Islam and loved to discourse of Islamic philosophy.
Though he did not know Arabic his acquaintance with the Holy Koran and
Islamic literature in general was fairly good. Contact with him gave Gandhiji a
fair knowledge of Islam and they used to have long discussions on religious
topics. Sheth took him to the Durban court where he was asked to take off his
turban to which Gandhiji denied and left the court. Later Sheith told him that
only Mussalman were allowed turban in court.
In the course of these two or three days he could see that the Indians were
divided into different groups. One was that of Mussalman merchants, who would
call themselves 'Arabs'. Another was that of Hindu, and yet another of Parsi,
clerks. The Hindu clerks were neither here nor there, unless they cast in their lot
with the 'Arabs'. The Parsi clerks would call themselves Persians. These three
classes had some social relations with one another.
But by far the largest class was that composed of Tamil, Telugu and North
Indian indentured and freed labourers. The indentured labourers were those who
went to Natal on an agreement to serve for five years, and came to be known
there as girmitiyas from girmit, which was the corrupt form of the English word
'agreement'. The other three classes had none but business relations with this
class. Englishmen called them 'coolies', and as the majority of Indians belonged
to the laboring class, all Indians were called 'coolies' or “samis”.
Gandhiji was thus a coolie barrister. The word completely lost its meaning and
the people would get infuriated if they were being called coolie when they were
not. So Gandhiji decided to put down the turban and switch to English hat.
Abdulla disapproved of the idea. He said that this will compromise those who
want to wear the turban and English hat would make him look like a waiter.
Gandhiji thought that there was practical wisdom, patriotism and a little bit of
narrowness in this advice. Wisdom and patriotism was visible but narrowness
was towards the waiters. Working as a waiter was considered derogatory at those
times. But overall he liked the advice and wrote to the press about the incident
and his will to keep the turban. This made Gandhi popular within the few days of
his arrival in south Africa. He was termed as ‘unwelcome visitor’ by the papers.
Some liked him and some severely criticized him. But his turban stayed with
him until the very last day of his stay in South Africa.

CHAPTER 10 – ON THE WAY TO PRETORIA

28
 Gandhi soon came in contact with the Christian Indians living in Durban. The
Court Interpreter, Mr. Paul, was a Roman Catholic. He made his acquaintance,
as also that of the late Mr. Subhan Godfrey, then a teacher under the Protestant
Mission, and father of Mr. James Godfrey, who, as a member of the South
African Deputation, visited India in 1924. He also met the late Parsi Rustomji
and the late Adamji Miyakhan about the same time. All these friends became
very close after a point of time. During this time the firm received a letter from
their lawyers saying that preparations should be made for the case and Sheth
himself or his representative should be sent to Pretoria. Abdulla asked Gandhi if
he wanted to go but he was unaware of the case so Abdulla made his clerks
understand Gandhi the facts of the case.
As Gandhi began to study the case, he got more and more confused because it
was on book keeping and accounts which he had never studied. He told the clerk
that he did not know what a P note was and later came to know that it meant
promissory note. He bought a book on accounts and book keeping which made
him gain some confidence. He saw that Sheth did not have any knowledge of
accounts but knew the intricacies because of his experience. He told Sheth that
he was ready.
Gandhi told Sheth that he was ready to live wherever his lawyers put him and
assured him that no confidential information would be leaked to the other party.
But he wanted to make friends with the other party and settle the dispute outside
court as the other party was Tyeb Sheth, Abdulla Sheth’s relative. After a week’s
stay, Gandhi was not a white elephant to Sheth. They both understood each other
well and Sheth warned him that Tyeb was not easy. One wrong move could put
them to ground and asked Gandhi to think twice before acting on anything.
Gandhi assured him that he would not talk to anyone there. He would only
suggest Tyeb to come to an understanding and save both of them unnecessary
litigation. With this, Gandhi left Durban for Pretoria.

CHAPTER 11 – FIRST DAY IN PRETORIA

After reaching Pretoria, he thought that someone from the firm would come to
pick him up but he won’t be an Indian because he requested not to stay at an
Indian lodge. But no one came to receive him since it was a Sunday and could
have been inconvenient. This made Gandhi confused as to where to go as he
feared that no hotel would accept him. Gandhi says that Pretoria station was very
different in 1894 from 1914. The lights burnt dimly and the passengers were
few. He thought to himself that when the ticket collector would be free, he
would hand him his ticket and ask him to direct him towards a hotel. But even in
asking this, he was afraid of getting insulted.

29
 When the ticket collector was free, Gandhi gave him his ticket and stared his
inquiry. He replied to him courteously but was of not much help. An American
Negro jumped into the conversation and asked Gandhi to join him on the way
towards a hotel. He was at first doubtful, but after sometime, accepted it. The
Negro took me to Johnston's Family Hotel. He drew Mr. Johnston aside to speak
to him, and the latter agreed to accommodate Gandhi for the night, on condition
that he should have his dinner served in his room. He assured Gandhi that he was
not colour prejudiced. It was just that most of his customs were Europeans and
he was afraid that if Gandhi joined them in the dining room, they would get
offended and leave. He accepted all the conditions and went to his room waiting
for the dinner. After sometime the owner showed and told him that he was
ashamed to have asked him to stay back at his room and asked other guests if
they had any problem with him. All the guests were okay with Gandhi dining
with them so the owner asked him to join everyone in the dining room and also
said that he could stay there as long as he wanted to. Gandhi thanked him and
had a hearty dinner.
Next morning he called on the attorney, Mr. A. W. Baker. He was courteous
and told Gandhi that he won’t have many problems to deal with as a barrister as
best counsel has been arranged. He said that he would only require him to the
extent of getting necessary information and he would make communication with
the clients easy. He set him up in the lodge of an old woman who had no colour
prejudice at 35 shillings a week. Next morning he went to see a friend for whom
dada Abdulla gave a note. He told him about hardships of Indians in South
Africa and insisted him to stay but he thanked him and left as he had already
made arrangements. He had his dinner and informed Abdulla that he doesn’t
have any immediate work to do.

CHAPTER 12 - PREPARATION FOR THE CASE

Gandhi recalls his stay in Pretoria which was the most valuable experiences of
his lifetime. It was then there that he had the opportunity of learning public
work and acquiring measures of capacity for it and it was here that the religious
spirit within him became a living force and he acquired the true knowledge of
legal practicing. He also learnt the things a junior barrister learns from a senior
barrister's chamber and also gained confidence that he would not after all fail as
a lawyer. It was likewise that he learnt the secret of success as a lawyer. He
states that the case of Dada Abdulla’s was not an ordinary/small case; the suit
being £ 40,000 arose out of business transactions which were full of intricate
accounts. The claim was based partly on promissory notes and partly on the
specific performance of promise to deliver promissory notes. The defence was
that the promissory notes had been fraudulently obtained and lacked sufficient

30
consideration. There were numerous points of facts and law in this intricate case.
Both sides had engaged the best attorneys and counsel. The preparation of the
plaintiff side for the attorney and the sifting of facts in support of the case were
given to Gandhi as the client had immense trust in him. He speaks about the
preparation and the efforts put in the case that gave him the fair measure of
comprehending and the capacity of marshalling the evidence. He took his
keenest interest in the case and went through the papers pertaining to the
transactions. He recalls the words said by Mr.Pincutt – facts are three-fourths of
the law. Though justice was on the side of his client but the law seemed to be
against them, so he approached the Mr. Leonard about the case and mentioned
that the facts of the case were very strong. Leonard told Gandhi “if they handle
the facts of the case the law will take care of itself. The litigation would ruin
both the parties’ relation as they were relatives so Gandhi approached Tyeb Seth
and asked him to visit an arbitrator so that they could compromise and the case
could be solved faster and easier, As the fees of the lawyers were rapidly
mounting up and as the case was pulled so longer he thought that it was his duty
to befriend both parties and bring them together. The arbitrator ruled in Dada
Abdulla’s favour, and awarded him £37,000. It was however impossible for
Tyeb Seth to pay down the whole of the awarded amount. Gandhi then managed
to persuade Dada Abdulla to let Tyeb Seth pay him the money in moderate
instalments spread over a long period of years, rather than ruin him by insisting
on an immediate settlement. Gandhi was overjoyed at the success of his first
case in South Africa and concluded that the whole duty of an advocate was not
to exploit legal and adversary advantages but to promote compromise and
reconciliation.

CHAPTER 13 - MAN PROPOSES, GOD DISPOSES

As the case concluded, Gandhi thought there was no reason for him staying in
Pretoria, so he made preparations for going home. Abdulla Sheth was not the
type of person who would let go off Gandhi without farewell hence it was held
at Sydenham. He says that god laid foundations of his life in South Africa and
sowed the seed of the fight for national self-respect. He went through the
newspaper and came across a caption “Indian Franchise”- which was in
reference to the Bill that was there then before the house of legislature, which
was to deprive the rights of the Indians to elect members of the Natal Legislative
Assembly. He was ignorant of the Bill and also were the others and hence he
enquired about that to Abdulla who answered that they had no knowledge about
it as they went only through the daily market rates as they understood things that
are related to trade as that was their work, and added our eyes and ears were the
European attorneys there; Gandhi questioned whether the Young Indians would
help. “Them!” said Abdulla in despair, he added that they never cared to come

31
and tell the truth hence he and his people never cared less to recognise them. The
Young Indian Christians were under the thumb of white clergymen, who in turn
were the subjects of the government. This was an eye opener to Gandhi and
started questioning himself whether this was to be the true meaning of
Christianity? Or did they cease to be Indians as they became Christians. So it
was time for Gandhi to return back but he had something on his mind that he
hesitated to express, so he mentioned it to Abdulla Sheth that if the Bill passes
out as law then there would be extreme difficulties for their lot and it would
strike at the roots of their self-respect. Indeed added Abdulla and mentioned that
they knew nothing about it but there was a person who made them realise about
their positions who was Mr Escombe of whom even Gandhi knew, Abdulla
further adds that Escombe was a great fighter and there was no love lost between
him and the wharf engineer, he was afraid that the engineer would deprive him
of the votes and defeat him in the election and so at his instance Abdulla and
others registered and voted for him, so he concluded by saying that he
understood of what Gandhi was trying to tell and asked what he would advise.
There were other guests who heard the conversation and one amongst them
advised that Gandhi could cancel his passage back and stay there for a month
and the rest would fight as he directed the rest all present agreed and asked
Abdulla to detain Gandhi back. They all agreed to persuade Gandhi on staying
back and Abdulla asked the rest of what to do about the fees, hearing to this
Gandhi was hurt and told Abdulla that this was a public work and hence there
was no need of fees, he told him that if everyone were to cooperate he would
stay back. He says that they would have to send telegrams and would have to
consult the local attorney as he was ignorant of their laws and was in requisite of
few law books for reference hence this all required money and many would have
to come forward everyone added Allah is great and merciful, money will come
in as there were many men who would pitch in. The whole outline of the
campaign was running in Gandhi’s mind at the end farewell party turned into a
working committee.

CHAPTER 14 - SETTLED IN NATAL

The foremost leader of 1893 in Natal was Sheth Haji Mohammed Haji Dada,
but financially Sheth Abdulla Haji Adam was the chief amongst them still they
gave first place to Sheth Haji Mohammed Haji Dada in public affairs, a meeting
was held under his presence at the house of Abdulla Sheth where they resolved
to offer opposition to the Franchise Bill. There were volunteers who enrolled and
the Christian Indian youths were also invited, The Durban court interpreter Mr
Paul and the headmaster of a mission school Mr Subhan Godfrey were present in

32
the meeting who were responsible for the presence of Christian youths in the
meeting, there were others who enrolled themselves as volunteers such as the
local merchants like Sheths Dawud Muhammad, Muhammad Kasam
Kamruddin, Adamji Miyakhan, A. Kolandavellu Pillai, C. Lachhiram,
Rangasami Padiachi, and Amad Jiva, Parsi Rustomji and clerks like Messrs.
Manekji, Joshi, Narsinhram and others, employees of Dada Abdulla & Co. and
other big firms were present. They kept their differences aside and everyone
were assembled as the servants of the motherland and had no idea of whether the
Bill was already passed or yet to be passed; Indians never expressed any
opposition to the stringent Bill, They dispatched telegram to the speaker of the
Assembly, Premier, Sir John Robinson, and another to Mr. Escombe, as a friend
of Dada Abdulla's requesting to postpone the discussion of the Bill and they
received a reply from the speaker that the discussion was postponed two days
later which made them happy. It needed many to work on the petition which was
to be submitted to the legislative Assembly. They all stayed up the whole night
and three copies were to be submitted and people who knew English and few
others were also present during this course to help, it was insisted that it would
be better if there were many signs which would make a great impact. The
principal copy was written by Mr.Author who was well versed in calligraphy,
and the rest was written by others. The merchants went on carts to get signatures
for the petition. This was sent to the Assembly and was also printed in the
newspaper which created some impression on the Assembly, but still the Bill
was passed. This issue brought them close and they became one and were
indivisible and as now it became their duty to fight for their political rights and
trading rights; after all they decided to submit a “monster petition” to Lord
Ripon the secretary of state for their colonies. Forming this petition required lot
of time and there were many volunteers who were enlisted to do this, Gandhi put
all his efforts in drawing up the petition for which he read all the literature that
was available on that subject. All the arguments that he made were centred on a
single principle. They had obtained ten thousand signatures over a night,
securing those signatures over the provinces was not an easy task as the men
were strangers to the work and hence there were competent volunteers who were
selected because the signatures were not to be taken until unless the signatories
understood of what they are signing for and what the petition was. He tells of
how Sheth Dawud Muhammad, Rustomji, Adamji Miyakhan and Amod Jiva
rose clearly before his mind as they bought in majority of the signatures. Every
person gave their part of the contribution and in between this Dada Abdulla’s
entire house became a public office. Almost thousand copies were printed for
circulating and Gandhi gave them to all the publishing offices he knew such as
The Times Now of India and London Times who supported their aims. It was
time for him to return but the others there requested him to stay back
permanently but Gandhi told them his problems that he wanted to setup an
independent household which is in a good locality and he dint want to stay in a

33
public house so the rest merchants gave retainer for their legal work and many
more and all this led to him settling down in Natal.

CHAPTER 15 - COLOUR BAR

Gandhi describes the Lady Justice of how it is the symbol in the court and how
her eyes were tied up with a cloth so that she doesn’t judge a person of his
exterior but of his intrinsic worth; he says that the Law Society of Natal set out
to persuade the Supreme Court to act in contravention of that principle and to
belie its symbol. Gandhi applied for the admission for the Supreme Court there,
as he held a certificate of admission from the Bombay High Court which he had
to submit with the English certificate for enrolling there and added further that it
was necessary to attach two certificates of character to the application for
admission, and thought that it carried more weight if it was given by Europeans,
hence he got it from two well-known European merchants whom he came to
know by Abdulla Sheth. The application was to be submitted through a member
of the bar, and as the rule Attorney General presented those applications without
fees. Mr. Escombe, who was a legal adviser to Messrs. Dada Abdulla and Co.,
was the Attorney General, Gandhi willingly asked him to present his application.
The law society rejected Gandhi’s application as their objection was that the
original English certificate was not attached but the real reason behind their
rejection was that the admission of advocates were made, on the possibility of a
coloured man applying could not have been contemplated. As Natal owed its
growth to the European enterprise, thus it was necessary that the European
element should predominate in the bar, they were afraid that if coloured people
were admitted, they might gradually outnumber the Europeans, and the bulwark
of their protection would break down. The Law Society engaged distinguished
lawyer to support their opposition. As all this happened Gandhi questioned
himself of what has his birth got to do with his profession and admission into the
society, and Gandhi was suggested to make an affidavit of Abdulla sheth and
submit it and when this was taken to the supreme court they mentioned that if
the affidavit turns out to be false then he would be prosecuted and his name
could be stuck if he was proved guilty. As law makes no distinction between
white and coloured people. The court therefore had no authority to prevent Mr.
Gandhi from being enrolled as an advocate. And later they took Gandhi’s
application and asked him to take the oath, wherein he had to follow their dress
code and hence had to take out the turban by looking at this act of Gandhi’s the
rest such as Abdulla Sheth and other friends did not like it and thought that
Gandhi should have fought for his right but he tried to tell them that if he
wouldn’t have done that it would be wrong on his part and he would disregard
the custom of court in the province of Natal. He knew they weren’t convinced
completely. But through all his life, every insistence on truth taught him to

34
appreciate the beauty of compromise. He understood that the spirit was an
essential part of Satyagraha; but truth is hard as adamant and tender as a
blossom. The opposition of the Law Society gave him another advertisement in
South Africa. Most of the newspapers condemned the opposition and accused
the Law Society of jealousy. The advertisement, to some extent, simplified his
work.

CHAPTER 16 - SETTLED IN BOMBAY?

Gandhi returned back to India in 1901 by the idea of settling down
permanently. on the advice of Sri Ghokale he settled in Bombay and practiced at
the bar and helped Ghokale in public work. He says that Ghokale was very
anxious that Gandhi had to stay back in Bombay. Public work those days meant
Congress work, and the chief work of the institution which Ghokale had assisted
to found was carried out by the Congress administration. He liked the advice
given to him but he was not overconfident of success as a Barrister. He had all
the unpleasant memories of failure with him. He decided to start his work first at
Rajkot, Kevalram Mavji Dave who was his old well-wisher who had induced
him to go to England was there and started straightaway with three briefs. Two
of them were appeals before the Judicial Assistant to the Political Agent in
Kathiawad and one was an original case in Jamnagar. Gandhi says that he did
not trust himself to do justice; to that Kevalram Dave told Winning or losing is
no concern of yours. You will simply try your best, and I am of course there to
assist you.' The counsel on the other side was the late Sjt. Samarth. Gandhi was
fairly well prepared, it wasn’t that he knew much of Indian law, but Kevalram
Dave had instructed him very thoroughly. He heard his friends say, before he
went out to South Africa, that Sir Pherozeshah Mehta had the Law of Evidence
at his fingertips and that was the secret of his success, this was in his mind and
during the voyage he had carefully studied the Indian Evidence Act with
commentaries thereon, it was also an advantage of his legal experience in South
Africa. He had won the case and that boosted some confidence in him and all
this inspired a hope in him that after all he wouldn’t fail as a lawyer in Bombay.
He also mentions about the apathy of the judges who were on constant move
these made the vakils and their clients follow the judge. This in turn made the
vakil charge his clients more which included the constant travel behind the
judge. He narrates an incident about an appeal which took place in Veraval that
was hit by a plague. Gandhi recalls there were 50 new cases every day in a 5,000
population. In this catastrophic condition the town was deserted and he was put
up in a Dharmashala outside the town, he worries about the poor who couldn’t
afford Dharmashala and stayed in the town who entrusted in all mighty that the
plague wouldn’t affect them. One of his colleagues also suggested him to write a
letter for transfer of camp. When he went to submit the application for the same

35
the sahib asked him whether he was afraid for which Gandhi replied that he was
concerned for his clients; for this the sahib proclaimed that the plague has come
to stay in India and people have to live with it, and told his Shirastedar to make
note of what Gandhi says and to see if there was inconvenience for the vakils or
the clients. Gandhi further felt that how could these men understand the
hardships of poor India, unaware of the idiosyncrasies, customs and needs of the
people, how could these English men legislate in India? As the saying goes
elephant is powerless to think in the terms of the ant, in spite of the best
intentions in the world, even so is the Englishman powerless to think in the
terms of, or legislate for, the Indian. Continuing with his story Gandhi tells that
he wanted to settle in Rajkot, during which Kevalram Dave asked him to settle
in Bombay. When Gandhi enquired him about how he would manage his
expenses and his practice, Dave said that the vakils made the Barristers. Dave
told Gandhi that they would get him back to Rajkot as a big lawyer and wouldn’t
let him vegetate in Rajkot. Dave convinces Gandhi that he had proved his worth
in Jamnagar and Veraval and his destiny was to do public work. Hearing this
Gandhi said he would leave for Bombay once he receives remittance from Natal,
which came after two weeks. On arriving in Bombay he hired a chamber in the
Fort and a house in Girgaum, within some days of moving into the house his
second son Manilal who previously had an attack of small pox was now down
with typhoid and pneumonia. This attack was so severe that Manilal became
delirious during the night after which Gandhi decided that he had to shift from
that house and move to a better place. On the advice of Sri Ravishankar Jagjivan
he hired a well vented bungalow in suburbs of Bombay. Bandra was ruled out
because of the proximity to the slaughter house, Ghatkopar and places around it
was ruled out because it was far away from sea. Then they finally settled for a
bungalow in Santa Cruz which was sanitation wise very good. Gandhi would
take a first class season ticket from Santa Cruz to Churchgate, which he was
very proud of as he was the only first class passenger in his compartment. He
also at times walked to Bandra to take a fast train to Churchgate. He prospered in
his profession better than he had expected. His South African clients often
entrusted him with some work, and it was enough to enable him to pay his way.
he had not yet succeeded in securing any work in the High Court, but would still
attend the 'moot' that used to be held in those days, though he never took part in
it. He recalls Jamiatram Nanubhai taking a prominent part. Like other fresh
barristers he made a point of attending the hearing of cases in the High Court.
More than the knowledge he enjoyed the soporific breeze coming straight from
the sea. he observed that he was not the only one to enjoy this pleasure. It
seemed to be the fashion and therefore nothing to be ashamed of. However he
began to make use of the High Court library and make fresh acquaintances and
felt that before long he should secure work in the High Court. On one hand he
felt ease about his profession and on the other hand Ghokale was making plans
on his behalf. Ghokhale would visit Gandhi in his chambers twice or thrice every

36
week along with his friends whom he wanted to introduce to Gandhi. Just when
he thought he was settling down he received an unexpected cable from South
Africa which asked him to return immediately. He remembered his promise and
cabled to say that he should be ready to start the moment they gave him funds,
they promptly responded. He therefore gave up the chambers and started for
South Africa.

CHAPTER 17 - SOME REMINISCENCES OF THE BAR

Gandhi recalls memories from his time in South Africa as some of his lawyer
friends asked him to give his reminiscences of the bar. The numbers of those
were large and, if he were to describe them all, it would occupy a lot of volume.
He says that it would be improper to recall some of those which bear upon the
practice of truth, he says that one never resorted to untruth in his profession, and
the large part of legal practice was in the interest of public work, for which he
charged nothing beyond out- of-pocket expenses; as a student he heard that
lawyer’s profession is a liar’s profession, but that did not influence him at all as
he had no intention of earning either by money or by lying. He says that his
principles were put to test many times in South Africa; sometimes he knew that
his opponents had tortured their witness, but Gandhi never did that and he never
was tempted to get his client lie or even the witness. He recalls about a case
where after winning he suspected that his client had deceived him, in his heart he
always wished that he should win his client’s case only if it was right, and when
it came to the point of fees he never charged it according to the case. He warned
every new client of his that he would never accept or take up any false case, so
some clients bought clean cases to Gandhi and took the doubtful somewhere
else. He speaks about one case which had a severe trial which was brought to
him by one of his best clients, which was a case of highly complicated accounts
and was prolonged one which was partly heard in parts of several courts; he says
that the award was completely in the favour of his client. When the senior
counsel became aware of the error, he was of opinion that the client was not
bound to admit it. He was clearly of opinion that no counsel was bound to admit
anything that went against his client's interest so Gandhi accepted the error
made. To that the counsel added that there are light chances of the court
cancelling the whole award and added that no counsel would put their client’s
case at risk to that extent; if the case was sent for fresh hearing then no one knew
of what the charges were and what would the result be. The senior counsel was
not ready to fight the case but Gandhi was if his client desired so and says that
he would have nothing to do with the case until the error was admitted, the client
was there during this and Gandhi looked towards him and the client replied that
you fight the case it doesn’t matter if we lose if that’s in our fate and let god
defend the right.

37
 Sharp Practice?
He says that he doubted all the doing for the justice of the case; as he had to
argue this difficult case in front of the Supreme Court hence he appeared before
the bench nervous. When Gandhi referred to the error in the case the judge
questioned him whether this was not sharp practice?; Gandhi boiled within when
he heard that, It was intolerable to be accused of sharp practice when there was
not the slightest warrant for it, in a polite way Gandhi replied to the question
stating that he was surprised by the lordship’s claim of sharp practice without
hearing him out to which the judge replied that it was just a mere suggestion. So
Gandhi requested the judge to hear him out; Gandhi was thankful to the judge
for rising up that question as in from the beginning he wanted to rivet the courts
attention towards his arguments and had enough materials in support of his
explanations, he was able to convince the judges that the discrepancy was due
entirely to inadvertence. They therefore did not feel disposed to cancel the whole
award, which had involved considerable labour. The opposing counsel felt
secure in the belief that not much argument would be needed after the error had
already been admitted, the judges continued to interrupt him, as they were
convinced that the error was a slip which could be easily rectified. The counsel
laboured hard to attack the award, but the judge who had originally started with
the suspicion had now come round definitely to Gandhi’s side. The court told if
he cannot point beyond the slip which any expert accountant is liable to commit,
the Court would be loath to compel the parties to go in for fresh litigation and
fresh expenses because of a patent mistake, hence they did not order a fresh
hearing when such an error could easily be corrected hence the counsels
objection was overruled; he forgets of whether the court confirmed the award
with the error rectified or ordered the arbitrator to rectify the error. Gandhi, his
client and the senior counsel were delighted, it was of his opinion that it is
impossible to practice law without compromising on truth; he tells us that even
truthfulness in the practice of the profession cannot cure it of the fundamental
defect that vitiates it.

CHAPTER 18 - CLIENTS TURNED CO-WORKERS

Gandhi compares the legal practices in Natal and Transvaal, says that in Natal
there was a joint bar, whilst he was admitted to the rank of advocate, could also
practise as an attorney whereas in Transvaal as in Bombay the life of an
Attorney was different to that of an Advocate; in Natal he was admitted as an
advocate whereas in Transvaal he was admitted as an attorney, and distinguishes
between both the place and says that as an advocate he couldn’t come in direct
contact with the Indians and the white attorneys in South Africa would not have
38
briefed him. The attorneys would appear before the magistrate in Transvaal and
he speaks about the case he handled before the magistrate in Johannesburg
where his client deceived him and broke down in the court and looking at this
Gandhi requested the magistrate to dismiss the case, because he realised that it
was false case that his client had taken to him whereas Gandhi never accepted
false cases, he had made sure of this during his profession and he never
concealed his ignorance from his clients or his colleagues. Whenever he felt he
couldn’t handle it he would ask his client to consult some other counsel or would
himself seek the advice of a senior counsel, and in a due course he won the
confidence of people and The large-hearted Indians magnified into service
professional work done for money, and when advised them to suffer the
hardships of imprisonment for the sake of their rights, many of them cheerfully
accepted the advice, not so much because they had reasoned out the correctness
of the course, as because of their confidence, and affection for, Gandhi and he
says that during this span of time there were hundreds who became his friends
and real co-workers in public services.

CHAPTER 19 - HOW A CLIENT WAS SAVED

Gandhi speaks about Parsi Rustomji who first became his co-worker and then
his client, he won Parsi’s confidence to such an extent that he would follow
every advice that Gandhi gave even including his private domestic matters;
Gandhi tells about how Parsi who kept on informing about the affairs to him as
he was a large importer of goods from Bombay and Calcutta, and who was into
smuggling; as he was on the best terms with the custom officials he was not a
suspect. He speaks about the use of simile form the Guajarati poet Akho, theft
like quicksilver won't be suppressed, and Parsi Rustomji proved no exception; he
had not told about the smuggling to Gandhi and hence in guilt he went to him in
tears and opened up about everything and said that he deserved to be jailed and
ruined and it were to only Gandhi who could save him from that predicament; he
hid nothing from Gandhi except for this because he thought of not bothering him
with this trick of the trade and never told about the smuggling part. Hearing to
this Gandhi replied everything including saving you is all in his hands and
saving him is through the means of confession, in turn Parsi asked that
confessing in front of him wouldn’t be enough, Gandhi added that Parsi hadn’t
done anything wrong to him but wrong to the government and hence his
confession to him is of no use. Parsi told that he would do exactly of what was
advised to him and asked whether he would consult his old counsel regarding
this who was to be a friend of Gandhi, later they went to the counsel who went
through the papers and told that ‘The case would be tried by a jury, and a Natal

39
jury would be the last to acquit an Indian.’ so Parsi replied by saying thank you
and added that he would like to be guided by Gandhi and would follow him.so
Gandhi told his point of view to Parsi that the shouldn’t be taken to the court as
it would be waste of time as the decision was of the Customs Officer to
prosecute you or to let you go, and in turn will have to be guided by the
Attorney- General, he was prepared to meet both thus asked Parsi to pay penalty
that the custom officer fixes and added that if not he must be ready to go to jail
as in Gandhi’s opinion the shame lies not so much in going to jail as in
committing the offence; Parsi dint take so well but gave himself to Gandhi and
would do exactly what he says; the Custom Officer told Gandhi he was under his
duties and had to be guided by the Attorney-General. Gandhi went to the
attorney general and told him everything and he was happy of Gandhi’s
frankness and was convinced that he hid nothing from the Attorney General. The
case against Parsi Rustomji was compromised and had to pay a penalty equal to
twice the amount he had confessed to having smuggled who reduced to writing
the facts of the whole case, got the paper framed and hung it up in his office to
serve as a perpetual reminder to his heirs and fellow merchants. Those friends of
Rustomji warned Gandhi not to be taken in by this transitory contrition and
when Rustomji asked about the warning he said: 'What would be my fate if I
deceived you?

SECTION 3: THE TRIALS OF GANDHIJI

CHAPTER 20 - BEFORE THE COURT IN 1907
A deputation was formed on 22nd Nov,1905 with Messrs. Abdul Gani
(Chairman, British Indian Association), Haji Habib (secretary, Pretoria
committee), E.S. Coovadia, P. Moonsamy Moonlight, Ayub Hajee Beg
Mahomed and Gandhiji that waited on Lord Selborne, High Commissioner for
Britain in South Africa and representations were made in regard to the repeal of
the Peace Preservation Ordinance. It was framed to keep the Colony dangerous
characters out and to prevent the British Indians from entering the Transvaal.
The working of the law was always harsh and oppressive.
The failure in obtaining redress of the deputation an agitation was formed by
the Indians led by MK Gandhi which enlisted the sympathy of many Englishmen
for the South African Indians. An influential committee was formed to guard
over Indian interests with Lord Ampthill as President, Sir M.M Bhownaggre as
executive chairman and Mr. Ritch as the Secretary and also a deputation for
British Indians in S.A was organized to wait on the Earl of Elgin, the Colonial
40
Secretary. The deputation with Lord Stanley, Mr. Dadabhai Naoroji, Gandhiji
and few more as its members waited on Lord Elgin on Nov. 8, at Colonial office.
The efforts of British committee in London and Gandhiji’s appeal to Lord Elgin
was successful only to the extent of securing declaration that ordinance would be
hung until the matter receives the consideration of the Transvaal Parliament. A
constitutional Government was formed and new measure received the Royal
Assent and became Law. After the efforts of the Indian community went in vain,
they were determined to fight and risk the consequences of disobedience for
which a resolution was passed with a mass meeting of 3,000 British Indians.
On 26th Dec 1907, assent to Immigration Act was announced and also two
Asiatic Community leaders were warned to appear before the Magistrate on
account of failing to apply for registration, as required by the law and shouldn’t
be ordered to leave Transvaal.
Gandhiji was arrested and brought to trial on leaving the Colony after the given
time. He also got a telephone message in the Christmas week informing his
arrest with 25 others. Gandhi ji gave a word that they all will be on time and
keeping his word he and the rest of the people appeared on time at the British
Criminal Court and on being asked by the Superintendent about the duly issued
registration certificates under Law 2 of 1907, he replied negatively for which he
was arrested and charged under Section 8 Sub-section 2 of Act 2of 1907. The
court was overcrowded during his arrest.
Mr. D.G. Shurman prosecuted on behalf of the Grown.
Mr. Gandhi pleaded guilty and without questioning he went into the box to
make a statement. He stated that he hoped for getting a chance in the court to
give a short explanation even when he was an officer of the court and he wished
to express for not submitting to this. Mr. Jordan (the magistrate) stated to MK
Gandhi that he has disobeyed the law and there’s no need of political speeches.
He even mentioned that a law has been passed by the Transvaal Legislature and
sanctioned, so he (magistrate) has to administer the law.
To the statements of Magistrate, MK Gandhi stated that he has no legal
evidence in extenuation and was proceeding to state when he came to Transvaal
as he was the Secretary to British Indian Legislature. At last, Magistrate
concluded that MK Gandhi did not approved the law and conscientiously
resisted it, so the court shouldn’t grant any indulgence and ordered him to leave
the country in 48hours.

CHAPTER 21 - BEFORE THE COURT IN 1908

41
 ON 11th Jan 1908, Gandhiji pleaded guilty for disobeying the order of the
court to leave the colony within 48hours.
MK Gandhi asked to make a short statement and he said that a distinction will
be made between his and other cases which are to be followed. He then received
a message from Pretoria that his compatriots had been tried and sentenced to
three months imprisonment with hard labor and fined with a heavy amount in
lieu of payment for which there will be extension of sentence for more three
months. But he asked the heaviest penalty for himself as according to him he has
committed a greater offence than others.
But the Magistrate denied MK Gandhi’s request for heaviest penalty because
that it will be totally out of proportion to the offence and for disobeying the Dec
28, 1907 which is more like a political offence. So, according to Mr. Jordan a
fair sentence of two months’ imprisonment without hard labor will be justified
for MK Gandhi.
After which MK Gandhi was removed in custody.

CHAPTER 22 - BEFORE THE COURT IN 1913

Gandhiji was leading a deputation to England when another deputation led by
Mr. Polak came to India to press the question of the repeal of the £3 tax. An
agitation was followed in England and India in 1910-12. Mr. Gokhale visited
South Africa to make a special representation as an undertaking was given that
tax would be repealed. There was no settlement and tension become more in
1913 when a measure was made in Parliament exempting women only from its
operation. Mr Gokhale stated that the promise of repeal was for everyone
affected by the tax. When Gov. declined the promise, Gandhiji asked the
indentured Indians to stop working. A historic march was commenced into the
Transvaal. In return of which a warrant was issued to arrest Gandhiji.
On 11th Nov,1913, MK Gandhi was charged with inducing indentured
immigrants to leave the province. Mr Turnbell was appearing for the prosecution
and Mr. J.W Godfrey appeared for Gandhiji. In the court, Mr Turnbell read the
sanction and left everything on the Magistrate whereas, Mr Godfrey stated that
he is only expressing the desires of the defendant because of which he
(defendant) is presented here and expects the Magistrate to perform his duty
fearlessly and give the highest punishment to the prisoner if the circumstances in
the case justified it.
On obtaining the permission MK Gandhi by the Court he gave the statement
that he had the thought of getting justice to himself and public by stating that the
counts against him were of such a nature that made him to take the responsibility

42
and he believed that the demonstration was for a worthy object. He also
mentioned that he has nothing against employers and regretted for the loss
suffered but he believed that the tax was heavily weighing down his countrymen
and it should be removed. On the other hand, he stands on the fact that he had
done his duty in advising the countrymen and will continue his duty until tax is
removed. It was certain that suffering is needed to get the grievances.
Finally, the Magistrate gave the statement that it’s hard to pass a sentence upon
a man like MK Gandhi for deliberate contravention of law but he (magistrate)
had to perform his duty fearlessly. The plea for guilty was accepted and
following sentences was passed: Count 1: £20 or 3months imprisonment with
hard labour. Count 2: £20 or 3months imprisonment with hard labour effective
after the expiration of the sentence in count 1 and Count 3: £20 or 3month’s
imprisonment with hard labour effective only after the expiration of sentence in
count 2.Gandhiji accepted the sentence calmly and elected to go towards goal.

CHAPTER 23 - WAS IT CONTEMPT OF COURT?

Proceedings against Mr. Gandhi and Mr. Desai
B.C. Kennedy – District Judge of Ahmedabad
Gandhiji – Editor, Young India
Shri Mahadev Desai - Publisher, Young India
On 11-12-1919 Registrar of High Court applied for a rule Nisi calling upon
respondents Gandhi and Desai. This rule was heard by Hon’ble Justices Marten,
Hayward and Kajiji on 3rd March 1920.
Mr. Gandhi and Mr. Desai were to show cause why they should not be
committed to contempt having published with comments in the issue of the 6th
August 1919 of their paper, a letter addressed by Mr. Kennedy.
The letter – “O’Dwyerism in Ahmedabad” along with an article headed
“shaking civil resisters” commenting on letter. O’Dwyer meant disturber of
peace. Article said that district judge was prejudging the issue.
The Hon’ble Sir Thomas Strangman, Advocate General with Messrs. Bahadurji
and Pocock appeared for applicant. Advocate general in opening case said that
proceedings were in contempt against Mr. Gandhi and Mr. Desai.
The proceedings took place in High Court. Mr. Gandhi was requested to attend
the chief justice chamber to give an explanation regarding the publication of
43
letter. As, Mr. Gandhi was going to Punjab, he sent a written explanation stating
that the letter was received by him in ordinary cause and that he believed it was
of great public importance and thought he was doing a public service
commenting on it. He claimed that publishing and commenting on the letter was
within the rights of journalist. In reply to this, Registrar wrote that chief justice
was not satisfied with the explanation, and further said an apology would be
sufficient in the next issue of Young India.
Form of Apology
The Advocate General said that he submitted form of apology with some
confidence that the opponent should have published. However, Mr. Gandhi did
not publish the apology and took counsel’s opinion and addressed a letter to
registrar expressing his inability to apologize. A few days before the hearing of
the rule Mr. Gandhi addressed a letter to the registrar dated 27th February with
which he enclosed copies of statements which he and Mr. Desai desired to
submit before the court.
Mr. Gandhi’s and Mr. Desai’s Statements
Mr. Gandhi in his statement explains his conduct addressing the Registrar. He
therefore attaches a copy of letter and expresses that he couldn’t accept the
advice given by his lordship as he does not consider that he has committed either
a legal or a moral breach by publishing Mr. Kennedy’s letter or by commenting
on the contents thereof. He also mentions that Mr. Mahadev Desai, the publisher,
published upon his request and advice.
Advocate- General proceeded to cite rulings to show what constitutes Contempt
of Court. The Advocate-General submitted that the publication of the letter and
the comments there on constitutes contempt in two respects: 1) in the language
of Lord Hardwicke it scandalize Mr. Kennedy; and 2) it was an attempt to
interfere with the course of justice. He added that publication after trial was
different from publication before it. In conclusion the Advocate-General drew
the deduction that the gist of Mr. Gandhi’s article was that as Mr. Kennedy was
fanning the fire of Bolshevism, the High court, if it acted on his letter, would
likewise disturb the peace and fan the fire of Bolshevism.
The Hon’ble Advocate-General had said that his comments on district judge
constituted contempt of judge. Mr. Gandhi commented on the district judge not
as a judge but as an individual. He therefore submits, he has committed no
contempt, have prejudiced no party and have made no comment on the action of
Mr. Kennedy as a Judge.
Mr. Desai in his statement expresses that he entirely associated himself with the
sentiment expressed by Mr. Gandhi, which is, they have committed no contempt

44
and have made no comment on the action of Mr. Kennedy as a judge. The
judgement was reserved.
II – Contempt case judgment
After stating the facts of the case, Justice Marten observes this case as ‘sub
judice’ which means that it does not matter whether those comments and extracts
favour prosecutors or accused, the vice is the interference with what is the
court’s duty and not a newspaper’s, viz. the decision of the pending case.
Justice Marten proceeds after citing numerous English authorities. He referred
to various cases like Reg. vs. Empire News Limited reported in the London
Times of 20th January, 1920.
He says that the publication of Mr. Kennedy’s letter contended by the
respondent Mr. Gandhi is erroneous, as the letter was written in the exercise of
his duties and follows the procedure laid down in the Civil Circulars of the court.
He also states that even if the letter was written in his private capacity, it
wouldn’t make any substantial difference as it is still important part of the
pending proceedings. The comments made were not only on pending
proceedings but are also of a particularly intemperate and reprehensible
character. Therefore, the publication of the letter is a serious contempt of court.
“No Public Duty”
After considering the various statements made by the respondents, they were
invited to the hearing to give any intelligible explanation or excuse for their
conduct. None such was forthcoming. Gandhi is in letter of the 11th December,
1919 contends that he performed public duty when their was great tension and
even when the judiciary was affected by the popular prejudice. But, Justice
Marten says that if that tension and popular prejudice existed, it would be
increased rather than diminished by the abuse of the local judge and this could
not be the public duty of any good citizen.

The order of the court and Mr. Hayward’s Judgement

The court shall pass the order accordingly and it shall be by severely
reprimanding the respondents and caution them both as to their future conduct.
Mr. Justice Hayward in a separate but concurrent judgment, made observations,
which mentions that the respondents have expressed their inability to apologize
formally but also at same time represented their readiness to submit and
punishment meted out to them. The respondents seem to have posed not as law
breakers but rather as passive resisters of the law. Therefore, it would be

45
sufficient to severely reprimand them for their proceedings and to warn them of
the penalties imposable by the Right Court.

CHAPTER 24 – CONTEMPT OF COURT

The long expected hearing of the case against the editor and the publisher of
Young India in connection with the letter of the District Judge of the
Ahmedabad regarding satyagrahi lawyers and Gandhiji’s comments has been
heard and has been pronounced. Both the editor and publisher have been
reprimanded. Gandhiji says that in his own reading of law, what he did was no
contempt of court. If he would have apologized, it would have been contrary to
his conscience. Gandhiji feels thankful for the judgment made by Justice Marten
as it doesn’t question the propriety of his action, though it went against him. The
court recognized the spirit of civility that lay behind Gandhi’s so called
disobedience. Here comes to an end of complete vindication of civil
disobedience. Disobedience to be civil must be sincere, respectful, restrained ,
never defiant, must be based upon some well-understood principle, must not be
capricious and above all, must have no ill-will or hatred behind it. Therefore,
Mr. Gandhi in his article submit that the disobedience offered by Mr. Desai and
him contained all the above mentioned ingredients.

CHAPTER 25 – THE GREAT TRIAL

The great trial happened as a result of Gandhiji publishing articles in his
newspaper “Young India” and the articles were supposedly meant to induce
hatred and contempt towards the British rule in India.
Gandhiji wrote articles entitled “disaffection a virtue” dated 15th June, 1921.
“Tampering with loyalty” dated 29th September; “The puzzle and its solution”
dated 15th December and “Shaking the manes” dated 23rd February, 1922.
These articles were published by Shri Shankerlal Banker. Warrants were issued
and Gandhiji was arrested from Satyagraha, Sabarmati Ashram, Ahmedabad on
10th March, 1922.
The first witness The Superintendent Of Police, Ahmedabad produced the
Bombay Governments’ authority to lodge a complaint for the 4 articles. A
second witness produced correspondence between Gandhiji and Mr. Kennedy,
Mr. Chatfield and the two formal policemen served as next witness.
Gandhiji accepted the accusation and stated that he would plead guilty so far as
disaffection towards government was concerned. Mr. Banker too accepted the
guilt of publishing the article. Charges were framed on 3 counts under section

46
124A of the Indian Penal Code and the trial was conducted on Saturday, 18th
March, 1922 at 12 noon before C.N. Broomfield District and Session Judge,
Ahmedabad. Sir Thomas Strongman was the advocate general; Rao Bahadur
Giridharlal, Public Prosecutor conducted the prosecution. The accused were
undefended.
Under 124A, the accused were charged of sedition and the two accused clearly
pleaded guilty of the charges.
Strangman urged the judge to conduct a detailed trial stating that it was
important to investigate the charges as they were of a serious character and
highly desirable in the public interest that these charges be thoroughly
investigated for which the full facts of the case were absolutely necessary. He
urged that as far as section 271, Criminal Procedure Code, the use of word ‘may’
and not ‘must’ in the section “If the accused pleads guilty, the plea shall be
recorded and he may be convicted thereon”, can make provision for a detailed
trial. His argument was that Gandhiji led an open and organised campaign to
spread disaffection openly and systematically overthrow the British
Government. The articles were not to be treated as isolated and having been
written by a highly educated man with phrases like “we have to destroy the
system” would have a destructing impact. Examples of Bombay occurrences and
Chauri Chaura that involved murder and destruction of property were quoted.
But the judge having had full discretion to convict on the plea proceeded to do
so and quoted section 10 of the Press Act as bearing the question of fine and
sentence.
Gandhiji’s oral and written statement:
He accepted all charges saying that preaching disaffection was his passion and
would continue to do it through non-violent means. He gave reference to Bar
Challenge, Zulu Revolt wherein he offered his voluntary services and won
applauds, with a belief of gaining full equality for his countrymen. However the
unfair answer came in the form of Rowlatt Act, Punjab horrors and Jallianwala
Bagh massacre leaving thousands dead and injured.
Thus, his hopes were shattered and led him from leaving a staunch loyalist to
an uncompromising disaffections and non-co-operator. In his opinion, “non-co-
operation with evil was as much necessary as co-operation with good” He
remarked that the judge either resign or impose on him the severe penalty.
Judgement :
Gandhiji was no doubt a great patriot and leader in the eyes of his million
countrymen. With this consideration and that of a similar case of Bal Gangadhar
Tilak, under the same section, the judgment was announced. Gandhiji was
awarded two years simple imprisonment for each count; six years in all. Mr.
47
Banker’s charges were less serious as it was under the influence of his chief and
hence simple imprisonment of six months for each count and a fine of a
thousand rupees with six months’ simple imprisonment was awarded.
Mr. Gandhi felt honoured to have been classes with Mr. Tilak and that the
whole proceedings and the judges were very considerate and courteous. Gandhiji
smiled and consoled all his well wishers and followers before he was taken to
the Sabarmati jail. And the Great Trial finished.

SECTION 4: LAWYERS AND SATYAGRAHA

CHAPTER 26- COURTS AND SCHOOLS
The Non-Cooperation Committee, by now, has started its first stage and has
included the boycott of law-courts and the Government schools. He states it was
necessary to do so because courts and schools are well established and very
functional institutions which are necessary, but are good only when the
Government and the Institutions are fair and just. These are just death traps if the
Government is unjust.

Gandhiji mentions one newspaper, Allahabad Leader, which countered his

views on the Non-cooperation movement with great ability and persistence. He
says that he would like to elaborate in a collaboration with the newspaper on his
views in his booklet Indian Home Rule, which he strongly adheres to. But he
refrains from doing so because it doesn’t affect his advice that the lawyers
should stop their practice, which he urges them to do so. He says that this is
essential because no one is a better supporter to the government and the law than
the lawyers. Lawyers work as interpreters of the law and justify them to the
people of the state, thus they support the authority.

The lawyers now are not supposed to suspend all practice and rest. They are
now expected to encourage their clients to suspend courts. They will improvise
new methods of Arbitration to settle disputes because a nation now bent on
forcing justice from an unwilling Government, has less time to engage in mutual
quarrels. This truth is what will make lawyers bring home clients from the
courts. During the late war in England, many lawyers suspended their work and
became whole-time workers. Real politics is not a game. Mr. Ghokale used to
state that we had been treating politics as pass time, we have no notion of how
much the country has lost because amateurs managed the battlefields and the
bureaucracy.

48
 The critics argue that the lawyers will starve without their profession. This is
not entirely true, many of the well-established and well earning lawyers take
breaks from their practice to visit Europe or otherwise. Those who survive hand
to mouth, each local Khilafat Committee can pay them compensation against
full-time service.

Gandhiji also states that there is a rumour going around that if Muslim Lawyers
suspended their practice, the Hindu Lawyers will take their business. He says
that he is hoping that the Hindu brethren don’t do this, even if they decide to not
suspend their practice. He also says that both Muslims and Hindu must fight
hand in hand against a common enemy, for their own sakes. It will only benefit
both of them if the Hindus do as they must. But the Muslims should go forth
whether the Hindus join them or not. It is the matter of life and death, they must
not count the cost if the preservation of one’s honour is on the line, especially
their religious honour.

The ones who will sacrifice are the ones who cannot abstain, forced sacrifice is
not sacrifice. The Khilafat movement will become strong only if the Muslims
treat the peace terms as an individual wrong. No man waits for someone else to
sacrifice when there is personal wrong, he seeks help but does not depend on it.
If justice is on his side, then it is the divine law that he does get help because
God helps the helpless.

CHAPTER 27- LAWYERS AND NON-COOPERATION

Gandhiji is facing a difficult situation by asking the lawyers to suspend their
practice. He knows that this will affect the livelihood of people but he cannot let
this slide because he is very well aware of how the Government will be able to
retain its power through these lawyers. Though it is true that the lawyers are the
ones leading the people of a state and fighting the country’s battles, when it
comes to fighting against the Government, the Government will look to the
lawyers to fight for them and preserve their self respect and dignity. He
therefore suggests his fellow lawyers to suspend their practice and show the
Government that they will no longer retain their offices. But what will happen to
law and order? He says that they shall promote alternative methods of delivering
justice, through arbitration courts. That is what he means by suspension practice.

49
 CHAPTER 28- THE HALLUCINATION OF LAW COURTS
Gandhiji says that if the people weren’t under the spell of the lawyers and the
law courts, humanity would be happier and he warns the people who frequent
courts and have taken a liking to it, to be careful of the evil that lies underneath.
He says that the courts support the authority of the Government and are
supposed to dispense justice, hence they are called Palladile of a Nation’s
Liberty. But if they support an unrighteous Government, then they are crushing
the nation’s spirit.

The Englishmen in India have also been privileged in receiving the punishment
for similar crimes committed by Indians. But this is not going to change if
Indians replace the British judges and prosecutors. There were Indian judges and
prosecutors who were as guilty as the British officials. Gandhiji says that he
doesn’t have anything against the Englishmen in general, there are many of them
who he has come to admire and respect. But once they are put in a position of
power, he cannot trust them to do the right thing for his fellow Indians, which
makes him resent them.

Gandhiji says that he is digressed on the fact that if Indians did have control
over the Government but it functioned as it does in the control of the
Englishmen, then it would be intolerable as it is. This is why he is dissatisfied
even if there are Indians appointed by the government to higher official places.
He believes that Indians should have absolute equality in theory and practice,
and the ability to do away with the connection to the British.

As long as there is superstition that these government institutions and law

courts will provide justice along with the lawyers, there is no scope for
improvement. Gandhiji is telling the people not to get swayed by the opinions of
those who use the law and the justice for their personal gain and greed. Without
the law courts the Government will perish. He is aware that his plan may not
entirely subjugate the Indians to withdraw from courts, but this will place them
on a higher moral ground and make them more respectable. Therefore every
lawyer who is suspending their practice is helping in bringing down the prestige
that these courts hold for the betterment of the nation.

Gandhiji says that until now no one has considered the large economic drain
that these closed law courts will cause, though it is not trivial. India has one of

50
the most extravagant law court system and the lawyers charge a large fee, when
compared to the lawyers in South Africa. Legal practice is not ought to be a
speculative business. The best legal talent should provide to the poorest at a
reasonable rate, but they have adopted the way the Englishmen practice. The
price for education is also very high, only certain sections of society are able to
afford it. India will not be able to handle such an economic drain. The English
influence on the Indian environment is not suitable for our nation, that is why
this extravagant lifestyle is putting our country’s economy at risk. So Gandhiji
says that any person considering this profession should take all of these factors
into account and those who are already lawyers should suspend their practice.

CHAPTER 29- COBBLERS V. LAWYERS

Babu Motilal Gosh summoned Maulana Mohomed Ali and Ghandhiji to
convince them to invite the lawyers to join Congress, to which they said that
they will only invite those who decided to suspend their practice. Motibabu, to
this, said that the lawyers found it offensive that Gandhiji stated that lawyers
breathe the same air as cobblers. Gandhiji felt very sorry and he says that he has
mentioned many statements which were not meant to offend lawyers. He has
said many harsh things about lawyers, but he never imagined them being guilty
of caste prejudice. Having been a lawyer himself, he would not do anything to
offend his professional brethren and he will not forget the unique and the
extraordinary service they do to that society.

He commends lawyers on their courage and says that they are the voice of the
people and the guardian's of their country’s liberty. He says that if today they are
not considered leaders, it is not because they do not possess the qualities of a
leader, which are courage, endurance, fearlessness and self sacrifice. It is
because a person belonging to a suppressed class with these qualities would be a
leader, but the same privileged one should fail. He is also pleased to see that
there are many lawyers who have not suspended their practice, but are followers
of the movement.

Motibabu says that there has been intolerance in the movement, the non-
cooperators are insulting the lawyers who refused to suspend their practice.
Gandhiji believes that this might be true to a certain extent, he says that
intolerance itself is a form of violence and it is an obstacle to the growth of
democracy. He says that a non-cooperator is nothing if not humble, arrogant
assumptions of superiority with very little effort is very dangerous to the
movement. A person on the path of sacrifice finds out the measure of
51
selfishness, and must wish to give more and not be satisfied until there is
complete surrender.

Gandhiji says that humbleness and tolerance is the basic ability one should
have. It is the exclusiveness and easy self-satisfaction which have kept his
people unwavered from their motto, which is conversion by gentle persuasion
and constant appeal to the head and the heart. So he says that they should be
courteous and patient and not see their opponents as the enemy of the nation.

Lawyers who are supporters of the movement but have not been able to
actively take part, have been promoting the ideals subtly through the matter of
Swadeshi. Gandhiji says that there is no reason why a lawyer cannot make Kadhi
fashionable at court or why he and his family shouldn’t spin in their leisure time.
He says that everyone cannot be a leader, but everyone can be bearers. He hopes
that the non-cooperators make it easy for such countrymen who are trying to
offer their service.

CHAPTER 30- HOW MANY LAWYERS AND STUDENTS HELP

There are hundreds of lawyers and students who are not suspending their
practice or studies only out of weakness. He finds it strange that if they do not
non-cooperate in a particular way, they are not affecting the cause at all. A
lawyer who cannot suspend his practice can certainly help by providing money,
by doing public service, introduce honesty and fairness in his profession, can fix
his chargers according to the type of client, he can spin kadhi with his family and
wear kadhi with his family. There are some things which can be done by every
lawyer, just because he cannot do one thing that does not mean he cannot
contribute in other ways. What Gandhiji has said applies to students also. Most
of the volunteers are students and it is a privilege which the government cannot
take away from them. Both lawyers and students must be content being
unambitious servants of the nation. Even if it is not possible to boycott the
english schools, steps must be taken to bring down its prestige, until all the
schools are nationalised.

CHAPTER 31- PRACTISING LAWYERS

Gandhiji talks about the Patrika, a newspaper which dedicated a column for
expressing strong disagreement to the matter regarding the lawyers. They think
that practising lawyers can lead the public opinion in favour of the movement
52
and that the Congress has asked only few lawyers to suspend practice. Gandhi
disagrees with both of these statements. He says that he has called all the
lawyers to come together and take a greater initiative and those lawyers who
cannot suspend their practice should not hold positions in the Congress. There
might be corrupt practices introduced or there may be differences of opinions
which may lead to further issues.

He says that the Patrika has made the error of comparing lawyers to merchants,
though not many merchants have taken part in the movement, those who have
stepped forward have renounced dealing with foreign cloth. He says that there
are many people who have been weak but humble followers of the movement,
and that this is the path the practising lawyers should take. It will be an
honorable and dignified approach.

The Patrika is now promoting insult and derision as an alternative to

suspension. A person succumbing to such practices would be an unworthy non-
cooperator. Not electing the weaker participants to the movement and congress
is one thing, but insulting them is completely intolerable according to Gandhiji.
He says that these people deserve sympathy.

Gandhiji says that the Patrika is completely wrong with this idea. Though
practising lawyers cannot be leaders of the movement, they should be safely left
to practice. Lastly, he says that Patrika is not wrong in stating that the Congress
has called suspension in order to secure services. It is clearly stated in the
preamble that the main aim of the non-cooperation movement is to undermine
the prestige these Government institutions carry.

CHAPTER 32- A PROTEST

G. C. Verma writes a letter, which Gandhiji addresses in this chapter. In the
letter, Mr. Verma talks about an article he read in the Servant which describes an

53
incident of Gandhiji meeting two young sons of merchants in Jubbulpore. He
points out that the facts are wrong and those two men were actually Malguzars
(tenure-holders). Their main occupation, according to Mr. Verma, to exploit the
poor and pay high tax to the government through extracting rent from them. He
is outraged by this fact and says that if these people are not cooperators with the
Government, then no one else could be cooperators.
He says that if lawyers who do not suspend cannot be an office-bearer, then
they should not be too. Malguzars are more attached to the Government than
lawyers. He states that in Jubbulpore, lawyers are leading the movement and not
the Malguzars. He says that if Gandhiji had spent sufficient time there, he could
have met the members of the bar who would have discussed the matter with him.
He finally states that he hopes to clear the misconception and that he is
suspending practice in November.

Gandhiji says that he is glad to have received such an energetic protest and that
the lawyers are leading the movement in Jubbulpore. But when he was there he
did not meet any of the lawyers and that was suspicious, the two men referred to
him were the sons of the landlords, who seemed to be the main organisers of the
event. Young-men like them should be encouraged by these lawyers, who are an
honorable part of the upliftment of the nation. The Congress has also not asked
the landlords to give up their lands, or stop collecting the rent. He says that he
genuinely liked these men and that he is sorry to disagree with Mr. Verma.

CHAPTER 33- PRACTISING LAWYERS

Gandhiji says that he has been continuously receiving regarding practising
lawyers in holding offices in Congress Committees. He still stands by his views
that there should be no practising lawyers holding offices, even if they are more
capable than others. He believes that the movement should be led by humbly-
guided lawyers, who believe in self-sacrifice. He advises the electors to choose
the lawyers who have suspended their practice. He says that success is
dependent on bravery, sacrifice, truth, love, faith and not legal acumen,
calculation, diplomacy, hate and unbelief.

54
 CHAPTER 34 - ABOUT LAWYERS
Gandhiji mentions about the one lakh rupees fund which was collected for the
practicing lawyers who were suspended in the Nagpur resolution and also that he
could not tell them to go back, as he was sure that many of them would not
support the idea of returning to the country. Gandhiji suggests the provincial
committee not to leave the lawyers on their own instead take up assistance from
the central fund to avoid delay in national work. He says that the lawyers are
eager to take part but cannot lead as they would weaken the movement and that
the top men could be lost to waken the supreme crisis. The non-cooperators were
told to sign the volunteer pledge and that the use Khadi of could be a little
inconvenient but Gandhi is sure that they would not mind it for the requirement
of the pledge. The non-cooperators were invited to take up activities as they
would not sacrifice and give their best in response to country’s contribution and
that they were priding themselves on their achievements. Gandhiji says that a
person who does not have a little or nothing to sacrifice can put on his khadi for
the practicing lawyers and others who are serving the country and that with a
willing heart they should receive a thank you.
CHAPTER 35 - THE SATYAGRAHI LAWYERS
Here the Bombay High Court judgement in the case of lawyers who should be
punished as a outcome but got postponement and that they had asked for a clear
decision. They had also been offered the arisen of civil disobedience movement.
The learned judges who had their legal conduct had questions like; people who
live by law must keep the law? This means that no lawyer could commit a civil
breach without incurring the court meaning their would no movement. Gandhi
says that the lawyers are the most dangers of bad legislation and that it is their
duty to commit civil breach for prevention of criminal breach. And that they are
the guardians of law and liberty as book ‘pure and undefiled’. He says that the
judges have presented the profession of lawyers in a greedy way and only way to
escape the situation is to restore the case to the board asking for the final
decision. The judges have left the course open to the satyagrahi lawyers

CHAPTER 36 - MYSORE LAWYERS

The Mysore satyagraha struggle had many Mysore lawyers who had been
removed by the Mysore chief court in which the most respected and was
55
standing for twenty-years was H.C. Dasappa. There is a newspaper named ‘THE
HINDU’ in the case which gave Gandhi a painful reading. Gandhi says that Shri
Dasappa had a daring for not obeying the magistrate’s order for attending the
meeting and also that he advised the satyagrahi prisoners to boycott the
departmental inquiry which was under the instruction of Gandhi by Justice
Nageswara Iyer. He says that Shri Dasappa is person to be rejected by the
society but Gandhi knowing him personally makes him says that he is a man
with spotless character and trustworthy who was given best of their ability in
non-violence practice that no other could
do in British India. Advocate Bhualabhai is a advocate-general, Advocate
Munshi and Advocate Chakravarti Rajagopalachari are the two who have been
ministers in the provinces. Gandhiji puts on his opinion that the judges of the
Mysore court have forgotten themselves while giving the judgement and that
Shri Dasappa has not suffered but will ride in the people of Mysore and that the
Mysore judges will suffer.
Gandhiji brings up an incident on false judgement that a Durban magistrate was
carried away by someone which led to sentence an innocent man, and then that
his judgement reversed the judges whichled to the removal of the magistrate. He
also says that the Punjab judges were disgraced that many had pronounced the
judgement which did not support the evidence. Gandhiji says that the Mysore
judgement is worst than the Punjab judgement, in which murders took place by
the mob and the famous men were not taken to the ordinary courts but to the
Martial Law Tribunals.
Gandhi congratulates Shri Dasappa and others as he has nothing but to
congratulate and tells them that their punishment would turn into blessings. He
says let these lawyers be proud of their poverty and remembers Thoreau’s saying
that riches is a crime and poor are virtue in administration. Gandhiji writes with
no pleasureto the removed lawyers who have a rare opportunity to remodel their
lives and to put efforts to produce the state of affairs in Mysore that what Gandhi
described should become impossible.

CHAPTER 37 - SHRI DASAPPA’S CASE

Gandhiji remarks were explained with the facts on the order of Mysore chief
judge directing Shri H.C. Dasappa, who had charges of disobeying the Kolar
district magistrate’s order and second Dasappa as a president advised the
congressmen not to participate in inquiry by the government. The inquiry was all
about torture being made by the congress against the police officials. On
Gandhiji’s advice the congress members had decided not to participate in the
inquiry and a part of Shri Dasappa being the president of congress described

56
with his conduct as a lawyer and was asked by the high court to explain his
conduct and were questions were leading the circumstances to decision for non-
participation in inquiry.
Gandhiji mentions about the provoked chief justice who had made certain
statements, a foul allegation was made against one’s neighbor and to refuse the
withdrawal of conduct to which a decent-minded man who had not lost sense of
fairness, which he explains that from respondents’ statement, it’s aim is to have
a political association to form a responsible government in the state which all
would admire. He says that the form of government would not bring success to
the country and that the respondent has his followers withdrawing the charges.
Gandhi says that no man is fit to be an advocate in the court for such conduct
and it was surprising to seethe reports of the Hindu that the respondent’s truth
should be in such a way, it is because the truth is always degraded in the country
is nothing more than the respondent had lost appreciation of meaning and
value.it is sad to degrade someone like this and that it would not be fair to other
members of this profession to work with a man who lowered his morals.
Gandhiji clears gives opinion that the respondent has defect character to stay in
this court as a advocate.
CHAPTER 38 - BABU KALINATH ROY
Babu Kalinath Roy was a Satyagarahi and also a editor of the newspaper Name
‘Tribune’ who had written few articles in Punjab. Gandhiji takes up the
responsibility of Babu Kalinath Roy to prove him innocent in his case and who
had also told his respected friend of Gandhi and leader Sannyasi Swami Shri
Shraddhanandaji to look into this case. Gandhi did not know Mr. Roy personally
but to prove his writings, he looked into the writings and judgments which had a
serious allegation on Mr. Roy under section 124-A of IPC. A thorough reading
led Gandhi think that Martial Law court had allowed it’s judgments to be distrust
and also he gives a proof to his writings and articles which were extracted from
the Tribune were from the Delhi Affairs. He says that Mr. Roy had published
issues on agitation against Rowlatt Legislation and also had appealed to the
readers of the judgements to wait for the inquiry’s result that he had asked to the
court. Mr. Roy had asked for a memorial in the memory of Delhi Martyrs who
were shot down in Delhi and not a memorial fund/ relief, he also points out the
errors of the government and local authorities in his article in which the court
resents the term Delhi Martyrs in the issues of 6th and 8th April. The other
article in which Mr. Roy had used the word ‘DUPE’ to Honorary Magistrates
and Municipal Commissioners who had advised the shopkeepers to not to close
the shops which the editor had wrongly misstated the facts in article.
Gandhiji talks about the other two articles which Mr. Roy had written ‘Delhi
Tragedy’ about the public inquiry on the Government of India and then the

57
‘Blazing Discretion’ which was against Sir Michael O’Dwyer who had a
irritative and wrongful speech in Punjab Legislative Council. Gandhiji states that
his purpose is not prove Sir Michael O’Dwyer guilt but to prove Mr. Roy’s
innocence and ask for prayers for his release. He says that the articles which are
against Mr. Roy should amount to sedition as Gandhiji hold on and they do not
that he should be set free.

CHAPTER 39 - LALA RADHA KRISHNA’S CASE

Gandhiji upon being asked by many of his friends that why did he take Babu
kalinath Roy’s case instead of Lala Radha Krishna’s case; he says that he did
not know him and that he would be glad if he gets the papers of this case to
study. The petitions of Lala Radhakrishna and translations of Pratap from the
charge-sheet were published in the issue and that the reader has a definite
conclusion. According to Gandhiji the judgement has a false justice and that the
accused is sentenced under the section of IPC and that the rules were passed by
the government under Defense India Act not by the Legislative council. Rules
could be offences against it under the orders of government and officers to be
appointed.
Gandhiji states that the prosecution had put false statements in the paper about
being fired without cause in Delhi and that this could be a dangerous inaccuracy.
He says that there are words in charge-sheet which are omitted and that the
accused’s meaning which was in his favor has also been omitted. When the
authorities started taking the initiative the people started throwing stones and
brickbats in the third count. The part of defendent would led to supresso veri
(suppression of truth) and that he could put himself out of the court.
Gandhiji talks about the remark in the charge-sheet that the accused had
published in his provoking articles and that he had not seen something so
argumentative. He feels sorry that the judgments has the same impression as the
charge-sheet on one’s mind and that the prosecution has established false
statements that are removed from the context and were incomplete. There would
no evidence to prove the incomplete statements and their they are left to examine
only two statements; first statement about the Musalmans and Hindu being killed
and that they are not known how many were killed. He says that it is not about
how many people are killed but about the fact that people should be alarmed
(known about the firing).The newspapers like Anglo-Indian press and the Pratap
had to dismiss the plea of the statements by the judges.
He says that the second statement was that they cannot deny the fact the most
who were killed and wounded were innocent. The petition by Lala Radha
Krishna had that the Delhi Authorities had taken up the initiative to open a

58
public fund to the innocent sufferers in the riot. Gandhiji adds on this that the
people who are killed or wounded were not guilty of their act and that the courts
has believed the facts that they were the members of violence and dangerous
mob. He says that these facts don not prove that people who are killed are guilty
nor the writer’s articles shows; it is all about the firing happening and also
necessary to examine the charges of Lala Radha Krishna.
Gandhiji says that the statements have not proven to be wrong or that
prosecution has not put any grounds to believe the statements and that the
judgement is all about cause a fear or alarm; that the false statements had caused
alarm or fear in the people. L. Radha Krishna on this point says that the
prosecution witnesses the instances of such alarms by these articles.
Gandhiji says that L. Radha Krishna’s fact that there was no reason for
regretting and had written exaggerating articles. As there would be no error of
death counts by him before the official announcement was published in Civil and
Military versions and the petitions of Lala Radha Krishna’s release has the
attention of Governor of Punjab. Gandhi hopes that the people of India and the
press would stay united for his justice.

CHAPTER 40 - THE LAHORE JUDGEMENT.

Lala Harkishnan Lal, Bar-at-Law, Chaudhary Rambhai Dutt, Vakil and Mr.
Duni Chand Bar-at-Law and Messrs along with Allah Din and Motasingh who
were the minor offenders were under section 121 and 121A of the IPC and
sentenced to transport of life and forfeiture being the lowest penalty and death
by hanging being the highest penalty. The learned judges had the power to not
convict them in this but in other charges and that the judgement had swenty-
seven sides was being presented to the readers of newspaper ‘YOUNG INDIA’,
urges to read it word by word. Gandhiji says that this judgments when read with
the Amritsar judgemnet is the saddest commentary on British justice which also
has no other justice better than this and that we sometimes tend to put ourselves
into a false belief by thinking that the British courts are the palladia of liberty.
Gandhiji talks about Mr. Winston Churchill who was a educationalist said that
the judges too are not free from political bias and also wished that the people
could avoid the litigation. And then asked that what if we are dragged to the
courts? He answers saying we should not defend if we are wrong then we would
be sentenced and if we are wrongly brought then our innocence will prove.
Gandhiji says that the Lahore judgments is on Rowlatt Act and the protest began
with a meeting held at Bradlaugh Hall. He refers to letter which included
Satyagraha vow, firing at Delhi, Amritsar disturbances and Badshahi Mosque;

59
says that these were the main facts that prosecution combined with accused to
show the Rowlatt Act was by criminal means and also that the defense had made
us believe that there were no organization for the hartals in Lahore, Muzang and
Bhagwanpura that the shopkeepers had closed their shops in form of protest. The
Langarkhana were open during the meetings and that when a crime is committed
their is imprisonment. The least could happened was to continue agitation
against Rowlatt Act so that government could give liberty to the agitators and
that Gandhiji is not afraid of an outbreak but advises hartals again.
Gandhi’s arrest while proceeding to Delhi had bought violence by the
government and that the motive of calming down the atmosphere in Lahore and
Amritsar. It bought a stubborn protest against the act by arresting the leaders of
the people Drs.Kitchlew and Satyapal and that there would repetition of hartals
organized without any force or a drop of blood being shed. Remove our suffer or
we shall close our shops, suspend our business or we shall starve; was the
formula of Chaudhary Rambhai Dutt to prove that criminal conspiracy existed.
There was effective demonstration being degraded by Mr. Shaft and others who
were bring peace but had cries as ‘Hai Hai Rowlatt Bill’ or ‘Hai Hai George mar
gaya’ or C.I.D inspector beaten up or sheets like Danda Akbar or destruction of
pictures of the majesties. Gandhiji says that the acts of Lala Harikshanlal, Lala
Dunichad and the co-accused are the act of war then no other agitation is
possible in the country. Then how did the government have the right to launch
the prosecution for criminal conspiracy and that the judgement is of political
bias.

Gandhiji says that there are no clear issues stated but the legal carrying of the
agitation would involve processions, hartals, fasting etc; and that the statements
of government is same as the judges. He says that he would not welcome the
release of accuse if the judgement has nothing to show to that the accuse was
encouraged by the violence. And that the intention to the violence would bring
peace as a combination and also the incidents would create a warning for the
leaders. The making of peaceful, law-abiding citizens as criminals or liars for
justifying the declaration of martial law and that the duty of a Indian is; by quiet,
persistence and powerful agitation without violence, to secure the Rowlatt
Legislation and the reversal of the sentence.

CHAPTER 41- JAGANNATH’S CASE

The fact that Gandhi had to direct public attention to the third defeat of justice
in Punjab was not without deep anguish. This time, though, Mr. Jagannath was
60
not a celebrity, but a person who was foreign to fame and unrelated to any public
activity. He was sentenced to transportation for life and deprivation of property
by one of the martial law tribunals, for declaring war against the majesty. One of
the fifteen accused in the Gujaranwalla case was Mr. Jagannath.

The court ruled that the defendant was present at the meeting on the 5th. Also
on April 12 and 13, despite his rejection. And there was enough evidence to state
that the defendant engaged in the closing of shops on the 14th. Gandhi submits
that unless the meetings were incriminating, the accused had committed no.
About the meeting of 5 April, the court noted that the people of Gujaranwalla
knew nothing and did not care about the Rowlatt Act. But on 4th of April the
accused agreed to launch an agitation against this act, which was likewise
adopted by Gandhi in the other part of the country. Gandhiji says that these facts
could not include any crime under any known statutes. The court itself doubted
the existence of an indictable conspiracy before the 12th of April. The court
further claimed that on the evening of the 12th and during the day of the 13th, in
consultation with Bhagat, some of the accused decided to follow Amritsar's set
example of burning bridges and breaking telegraph. Gndhiji says that while these
facts proved a criminal conspiracy, the court was silent about which accused
agreed upon the crimes cited in the paragraph. There was a meeting held by the
district congress committee on the 12th before the evening meeting of the 12th
noted by the court. Gandhi submits that the court needs to find out whether the
accused was present in the meeting for the agreement to arrive at. But there was
nothing in the finding of the court beyond a vague general statement about the
accused's presence at the meetings of the 12th and 13th. And the presence of the
accused in Gujaranwalla on the 14th would amount to no offense unless proved
to be a party in the agreement referred to.

The accused's defense rested upon an alibi. He stated that he left Gujaranwalla
on the 12th of April by the 5 p.m. train en route to Kathiawad. He applied for a
subpoena to summon witnesses to show that he was in Dhoraji on the 16th of
April. The court rejected the application, but granted interrogatories, put the
accused, a poor man, to the expense of Rs. 250 for the expenses of the
Commission, and yet pronounced the judgment against the accused. The
accused had contended in the petition that on this ground alone the conviction
was illegal and ought to be set aside. The petition refers to the register of the
Foujdar of Dhoraji. He shows that it takes 44 hours to reach Dhoraji from Delhi
by the fastest train. He couldn't be in Gujaranwalla after 6 p.m. on the 13th.
The accused was a petty shopkeeper, ignorant of Urdu as well as English, with
no education. He had never taken part in politics, nor was he a member of the
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local District Congress Committee. The humbleness of his position maked the
injustice all the more galling, writes Ravi Agrawal. The meanest of the subjects
of the King suffers no wrong, he writes. Bad as Babu Kalinath Roy's and Lala
Radha Krishna's cases were, this is worse in that Martial Law Judges declined to
wait for a return of the Commission they had granted.

CHAPTER 42 - ANOTHER SCANDAL

Gandhiji’s troublesome situation was to present another batch of cases to the
Punjab reader that showed an intolerable state of affairs. They hoped H. E. the
viceroy to end the growing agitation by appointing the promised committee of
Inquiry. Mr. Montagu announced that at least two out of the three justices of the
Punjab special tribunals were judges of the high court of three years standing.
And where the members were not High Court Judges, they were eligible for that
high post. The sorrow increased by the knowledge that perpetrators of injustices
were judges. The desire to secure for Englishmen almost absolute immunity
from physical harm from the 'natives' by inflicting exemplary punishments on
someone appears to have been the master-passion overruling discretion, wisdom,
and justice. Gandhiji couldn't understand the judgments that had come under his
notice on any other hypothesis. These reflections were caused by a perusal of the
judgment and the evidence in the Hafizabad case. He had never encountered
instances in which capital punishment was so loosely pronounced during his
practice of law, by no means inconsiderable, ranging over an unbroken period of
twenty years, on the flimsiest evidence taken down in a most perfunctory
manner, as appeared to have been done in the Hafizabad case.

The case was handed over to Gandhiji in respect of only one of the nineteen
defendants who had been tried. Karamchand, the 19th accused—a student at
Dayan College and the Anglo-Vedic College. Gandhiji had no hesitation in
claiming that there were no evidence before the court to support a conviction
against any of the accused of waging war. The accused was charged under
Sections 121, 147, 307, 486, and 149 of the Indian Penal Code. It was simple
enough to reject all the milder parts if the Judges had wanted to do so. But in
every act of the crowd, they smelled war. In the absence of specific evidence
against the other accused, it was difficult to form a conclusive opinion. Gandhiji,
however, cannot conceal the very suspicion that the full text of the evidence will
not disclose any ground for the statement of the Judges. Nowhere had Gandhiji
seen any attempt during those days of April to 'overthrow the Government.'

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 The court held Karamchand peculiarly guilty for he gave Hafizabad crowd a
reason to believe that their insurrection would be successful. The court further
claimed that the four men deserve the extreme penalty. The other three men were
among the active assailants of lieutenant Tatam. The evidence showed that the
Prosecution witnesses admitted that they were 'utter strangers' to Karamchand.
He was charged with bringing news from Lahore on the 11th of April, not that
he did anything on the 14th. Two witnesses on the train that carried Lieutenant
Tatam have given only identifying evidence. They were unable to say that
Karamchand himself did anything at all. B. B. School’s Headmaster’s testimony
said that Karamchand was a student of the D. A. V. College, Lahore. He was
talking about the riots of Lahore that the people were being fired upon with a
machine-gun at Lahori Gate. He was going to say more but the headmaster
stopped him and advised him not to say such things at Hafisabad. Upon cross-
examination, he told that the accused did not belong to Hafizabad. Prosecution
witness 27 gave evidence corroborating with that of the Head Master’s
And one fails to see what peculiarity the judges found in Karamchand’s case.
Karamchand says he went to his village on the 12th. He produced four witnesses
to prove that he was in his village Udhoki on the 14th April. The two witnesses
for the prosecution were never seen by Karamchand before and never saw him
doing anything active. It was not justice to sentence a man to be hanged on the
very inconclusive testimony as to identify. The sentence was then commuted to
10 years' rigorous imprisonment, but the victim's father was not satisfied with it.
Gandhiji hoped that His Honour the Lieutenant Governor of Punjab would study
the case personally, and if he did so, Gandhiji doubts not that Karamchand
would be discharged.

Gandhiji noted that nothing that was done in Hafizabad could surpass the
wicked and wanton cruelty of the mad mob at Viramgam. He further also claims
that the proceedings in Ahmedabad were in contrast to those of Punjab,
Ahmedabad Tribunal had carried on the inquiry with judicial calmness. Hence,
its judgments did not provoke much hostile criticism. Only the promised
Committee of Inquiry could solve the discrepancy, he adds. He hopes the public
will demand full and unconditional discharge in cases of palpable injustice.

CHAPTER 43 - VICTIMS, NOT GUILTY

Gandhiji now keeps the Ramnagar case before the readers. The able petition on
behalf of Lala Karamchand was presented by his old mother Gangadevi, who
showed his son, Devidas’s letter that read that the accused in the case were,
‘Victims, not Guilty’.

63
 Gandhiji says that if the simple narrative of Lala Karamchand’s son is true,
then the whole proceedings were a farce and called it a mockery of a trial. The
accused, twenty-eight in number, were all tried together. The trial was finished
in one day during which altogether 150 defense witnesses were examined. The
question that raised was, how the Judge could examine so many witnesses in a
day? The only inference was that no notes were kept. The accused were arrested
eight days after the alleged offense. The order was completely restored
throughout Punjab by that time. The trial took place on the 22nd of May, five
weeks after the alleged offense. Gandhiji asserts that the supposed crime was not
such that it may be committed in secret. It was said to have been publicly
engaged. The story of the prosecution was varied from time to time. One of the
accused appeared to have been a mere spectator. The facts were common to all
the accused. Gandhiji was also supplied with the papers on Lala Daulatram. The
facts therein set forth tally with those furnished in Lala Karamchand's case. And
hence Gandhiji was convinced that twenty-eight innocent men have been
ignorantly condemned. They should be set free. Lala Daulatram was the son of
one who had rendered meritorious service to the Government. The whole family
belonged to the official class. It was cruel that such men should have been so
shamelessly punished. Gandhiji says that The judgment was self-condemned and
that it breathes vindictiveness and anger. The case was later sent before His
Excellency the Viceroy.
CHAPTER 44 - Dr. SATYAPAL’S CASE
Gandhiji was disappointed at the gross injustice done to Dr. Satyapal and to Dr.
Kitchlew. They were accused of all sorts of things which they had never done.
the speeches made by the doctor were incorrectly reported by the C.I.D officials.
Gandhiji quoted some of the facts stated in the letter written by Dr. Satyapal’s
father, such as the change in the government’s intention to prosecute Drs.
Kitchlew and Satyapal due to which they acquired an additional statement
implicating both these gentlemen. Though Dr. Satyapal did not attend the 30th
March meeting, the court accused him of sedition. A platform ticket agitation
carried on by Dr. Satyapal in January and February last was shamelessly brought
into the trial to prejudice him. The agitation was entirely harmless and
successful, and about which Dr. Satyapal even received thanks from the station
authorities. The letter concluded with a fact that Dr. Satyapal offered himself for
military service in 1915 and was granted a temporary commission as a lieutenant
I.M.S. In 1918 he again volunteered for service but the arrangement fell through.
It was indeed a befitting sequel to be convicted under section 124A after such a
record of services to the Government and public both.

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 It was not mercy that the accused ask for, but the justice that they seek and on
which the public must insist.

CHAPTER – 45 LALA LABHU RAM

Gandhiji says that Lala Labhu Ram’s case was not better than the rest of the
cases seen in Punjab. Systematic injustice done to people had become a tradition
in Punjab. Gandhiji further explains what happened in this case. Evidence for the
defence was not considered to be complete even though the whole of the
evidence was received by Lala Labhu Ram's solicitors. The notes of evidence
contained the remark, "Cross-examination for accused No. 9. Nothing relevant!"
Gandhiji sarcastically claims that the judge might have considered the defence
evidence also irrelevant. Fortunately, the exclusive petition of Mr. Labhu Ram
was reliable, as it was a must to accept it as a correct statement of the evidence
in the absence of any contradiction.
Unlike Karamchand and Jagannath, Mr. Labhu Ram was not a poor student lad.
He was a civil engineer and belonged to a very respectable and loyal family in
Lahore. He had completed his education in Glasgow and had returned from
England in 1912. He worked as State Engineer for some time in the Poonch
state, where he not only discarded his professional duties but also materially
helped the authorities in recruiting work. He was not a member of any political
society or any Samaj or Sabha. He did not even take part in any propaganda of
any kind whatsoever. Gandhiji had dealt with Mr. Labhu Ram’s position in
society. Because the case at the worst turned upon the credibility of witnesses.
Several of the accused, of whom Lala Labhu Ram was one, pleaded an alibi. Dr.
Bodhraj, a well-known physician of Lahore, and his compounder gave evidence
that Labhu Ram was busy with them in connection with the treatment of his
ailing son at the time of the alleged assault. However, courts have always looked
upon the defence of alibi with considerable distrust, says Gandhiji. It was,
therefore, necessary to dispose at its worst and give the court credit for fairness
in weighing evidence. Gandhiji further submitted that in light of the lack of an
overwhelming and unimpeachable testimony against Lala Labhu Ram, the court
was bound to accept his evidence and grant him an honorable discharge. While
the status of the accused was a material consideration in coming to a decision,
Gandhiji claims that Lala Labhu Ram enjoyed a noble status in the society.
Labhu Ram was arrested on the 20th of April, i.e. eight days after the day of the
alleged offence. Mr. Labhu Ram’s name did not even occur in the police diary of
assaulters. Out of the 11 prosecution witnesses, six had nothing to say about the
accused. The only witnesses who identified the accused were the policemen or

65
the people who vested their interests with the policemen. This also means that
they were professional witnesses. when the prosecution was questioned
regarding the delay of the arrest, they answered stating that since the name of the
accused was not entered in the diary of the complainant, they could not say how
or when the police came to know of his complicity. Gandhiji claims that the case
of the defence is overwhelming.
Shockingly, Mr. Labhu Ram was sentenced with transportation for life with
forfeiture of property, which was later alleviated to fourteen years. Gandhiji
further says that Mr. Labhu Ram was no child. He was a man of the world, of
culture, and fully aware of his responsibility. Had he took part in a cowardly
assault on an inoffensive man who was but doing his duty he deserved stern
justice and no mercy. If his case was not true, it was not one for mercy, and if it
was true, justice would be hardly satisfied. Evidence before the court did not
sustain a charge of waging war against the King. The long-expected Commission
had now been appointed. If the reference included the power to revise the
sentences, the members of the Commission would have an opportunity of
pronouncing upon cases like Mr. Labhu Ram's. However, Gandhiji submits to
the Punjab Government and the Government of India that in cases where the
recorded evidence itself showed a patent miscarriage of justice, they were bound
in honour to discharge the accused without hiding themselves behind the
Commission.

CHAPTER – 46 GUJARAMTIMAL’S CASE

Gujaratimal was a lad eighteen years old, having received no more than middle
school education. At the age of 16, he got himself appointed as a dresser in the
Military Department. After working for about a year in Multan Cantonment, he
went to Egypt and spent one year there.
He remained at his village, Madhranwala, getting his shop repaired. But to his
astonishment, some policemen came there on the 16th with warrants against him
and prosecuted him accordingly. This was Gandhiji’s one of such cases where a
firm decision could not have been taken on a mere reading of the evidence. The
case of Gujaratimal was one out of 19 tried together. Upon analysis, Gandhiji
found a similarity between the judgments pronounced in the Karamchand case
and lad Karamchand’s case. Gandhiji also observed that none of the accused
were arrested red-handed, but sometime after the alleged crime. Gujaratimal was

66
sentenced death. His sentence was subsequently commuted to transportation, and
still more subsequently, according to what his father had heard, to seven years'
rigorous imprisonment. Gandhiji found it a serious matter to sentence a lad of 18
years to death. If the facts supplied by the father of Gujaratimal were true he was
entitled to complete discharge without further investigation. Gujaratimal was a
man of poor circumstances. The accused is an insignificant lad. In Gandhiji’s
opinion, therefore, the case became all the stronger for a searching inquiry. The
prosecution should have questioned the truth of the identification evidence led
by the prosecution as none of the prosecution witnesses who afterward gave
evidence against him could identify him, nor even Lieutenant Tatam. This
discrepancy can be proved from the recorded evidence. The trial should be
concluded without delay, says Mr. Ravi Agrawal. The case requires a thorough
investigation, he adds. The verdict is quashed and the case is referred to the
Supreme Court for further proceedings. The father later petitioned His
Excellency.

CHAPTER – 47 LABH SINGH, M.A., LL.B., (CANTAB), BAR-AT-LAW

"No mere reduction of sentence, it is most humbly submitted, can be a
consolation to Your Excellency's memorialist or in an adequate measure will
right the wrong that has been done him or meet the ends of justice." This is an
extract from the petition of Mr. Labh Singh, Bar-at-Law.

Gandhiji sympathizes with the above-quoted words as they show the wrong
that had been done to Mr. Labh Singh and at the same time, admires it for the
jail had not broken the spirit of the young barrister. Mr. Labh Singh asked for
nothing but justice. Despite H.E, The Viceroy's remarks to the contrary, the
spirit of justice moved slow and disinclined to do real justice. Gandhiji further
refers to Sir Edward Maclagan’s speech in reply to the Hon. Pandit Malaviyaji’s
resolution for the appointment of a commission. He recalled the warning of the
Viceroy against the temptation to minimize the events of April. His honor
begged the question by saying that the findings of the special courts should be
accepted as they represented the unanimous conclusion in each case of the three
veteran officers. His Honour, however, silenced his critics by saying that he had
never found a case where he felt justified in impugning the substantial
correctness of the findings of the court. Gandhiji further claims that if the Lieut.
Governor of Punjab that not found a single case for challenging the correctness
of the findings of the special courts, out the many that had come before the
public then, it had not been Gandhij’s good fortune to find many cases to inspire
confidence in their correctness. He took this very case to illustrate his point and
noted the judges' remarks in this case, which stated, Labh Singh, accused 4, took
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an active part in the inception of the agitation against the Rowlatt Act. He is said
to have at first opposed the commission of acts of violence, but finally agreed.
He was seen in several places with the mob on the 14th but appeared to have
assisted the authorities. Gandhiiji questions the judgment of the court, as the
remarks given in this case were nothing but good. This was in the same
judgment in which poor Jagannath was sentenced in the face of an established
alibi, and even before replies to the interrogatories issued by the Commissioner
had been received. It was admitted that beyond signing the notice for the 5th
April. Mr. Labh Singh neither convened nor addressed a public meeting at
Gujaranwalla or elsewhere at any time within 12 to 15 months preceding the
occurrence of the 14th of April.
Gandhiji asks every lover of India and every public man to carefully study
these documents together with the judgment in the case. As we owe a very plain
duty to Mr. Labh Singh and his co-prisoners. According to Sir Edward
Maclagan, they were all guilty, according to the evidence before the public, they
were all innocent. We may not allow young men of brilliant ability and moral
worth to have their careers blasted for life by our indifference. Posterity will
judge us by our ability to secure justice.

CHAPTER 48 - MORE PUNJAB TRAGEDIES :

YOUNG INDIA:
A weekly paper or journal in English published by Gandhiji for 12 years (1919-
1931) where Gandhi wrote various quotations in this journal that inspired
many . He used Young India to spread his unique ideas and thoughts etc,.
Gandhiji have called Punjab as land of tragedies because of the farcical
political trails held in which several innocent persons were sentenced by specials
to death or life imprisonment on the flimsiest of evidence. The trails indeed
furnish a sad commetry on the administration of justice in Punjab during that
period of great storm and stress.
24-9-1919 Young India: Gandhiji have mentioned about the misery or
injustice happened in the case of MR. Gurudayal singh and Dr .Mahomed
Bhashir where death sentence is passed against them being unheard.
Mr. Gurudayal Singh case which came into light because of the letter sent by
brother of Mr. Gurudayal which is attached with an prescription saying that on
14th and 15th he is confined to bed due to “seriously sick of appendicitis “and
was being attended by an government subassistent. Also mentions that his
brother is unaware of the charges against him except through the mouth of the
prosecution witness.

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 Dr. Mahomed Bashir case is an another such case(tragedy)in which the
evidence of defense is remarked worthless and completely denied many of the
statements ,the judgment has been completely wrapped and death sentence is
passed.

CHAPTER 49 - HOW NOT TO DO IT

In this chapter the author mentions how an good cause can be spoiled by an bad
advocate .In tha case of kesar mai his wife maya devi produces her petition
praying for the release of her husband .Though the petition is overlaid by the
adjectives and declamations and he mentioned that, as practiced drafts men it is
pleasure for him to dissect another businesslike petition from the land of sorrow
and warns the writers of the petioners either pleader or otherwise to assure that a
bare statement of facts to be well decorated with adjectives which is far more
effective than a narrative glowing with an exuberant (abundantly fruitful)
language.
Under the privilege of serving under MR.Gokhale and Dadabhai naouroji to
the petitioners that ,the petition must be brief, written to the point and stick to the
facts, and never travel beyond the
Analysis of young kesar mai case:
This is one of the hafizabad cases arised out of the confusion took place in
hafizabad station during which lieut. Tatam is alleged to have been the object of
the mischievous attention of the crowd that gathered at the at the station. Kesar
mai was sentenced to be hanged,the sentence being subsequently commuted to
10 years imprisonment. His wife’s petition humbly seeks for the justice to her
husband. The grounds as can be collected from the petion says that the
prosecution statement is inconsistent ,and according to mr Tatam’s statement in
police station none tried to snatch his child from him, and he did not identified
kesar mai even as one of the person assaulting him. And lieut.Tatam reported to
have said that “your depute commissioner Lieut.Col.Obrien is a very strong man
and he has unnecessarily compelled him to make too much of case. The witness
provided by prosecution are all Govt.servents who are allegedly made to give
evidence. The prosecution witness against kesar mai are either prejudiced or
themselves feared “implications”or expected favours. Another prosecution
witness named kishan dayal later agreed that he stated to have yield to police
influence and it is said ,he is now sorry for his wrong and cruel statement. And
the defense evidence was entirely ignored although the defense witnesses are
impartial men of position.

69
 If these allegations are true it is clear that kesar mai has been wrongly
convicted and is entitled to be discharged. And Gandhiji states that cases like
this prove that there is a great need of an impartial commission to investigate
them. Later on sir William Vincent appointed a community stating that two
judges will be appointed to investigate such cases and report upon them to govt.

CHAPTER 50 - FINING THE LABOURERS:

Ahmedabad , the government has decided, has to pay a fine of nine lakh in
connection with April disturbances due to mill-hands strike ,under the same
section of police act nadiad has dealt with. A law that imposes arbitrarily impose
a penalty is a bad law. But, the reason Gandhiji is concerned is that the major
damage is already done to the life of people and the case of Ahmedabad mill-
hands fine of 176 thousand has been fixed and the recovery is to be made from
all mill hands employed during September 1919,within the municipal limit .
Where the problem occurs during the end of April as the new members
constanly came in with the , women and children of whom there is a
considerable numbers in the mill has to pay . And in order to pay the amount as
fixed before sept 26, 1919 was collected which is equal to one week’s wage of
manual labour was collected. And now before his Excellency the governor and
Gandhiji has ventured the hopes that wrong done to the labourers of Ahmedabad
will be redressed,that the sum taken from the labourers is too much for them and
it should be reduced, women and boys should be exempted and the payment
received by easy stages and assured that terrorizing punishment is hardly the
best method of weaning offenders but in the present situation the punishment
will fall upon innocent shoulders. Later on the authorities have recognized the
delicacy of the situation in that they drafted special police to Ahmedabad and
taken extraordinary precautions in order to cow them down into submission,

CHAPTER 51 - THE AMRITSAR APPEALS:

[On July 21 ,1919 leave of appeal was granted by the privy council to the 21
citizens of Amritsar who were convicted at Lahore for Amritsar riots of
april,1919 .they appealed that the viceroy had no power to issue the marital law
ordinances & the procedure followed was irregular].
The best council advocated the appeal but still it was dismissed though the
judgment doesn’t came up as a surprise & as sir simon developed the argument
from appellants side which lead to except a favorable verdict .the author
believed that the judgments of even high tribunals aren’t un affected by subtle

70
political considerations . even though the privy council considers the limitations
of human institutions it is good enough only for the normal conditions and the
consequences favourable to people would have exposed the Indian government
which would have been difficult to free for an entire generation.
As soon as the news was received to Lahore the capital of Punjab was reported
to be in deep mourning and preparations made for the welcome of lala lajapat rai
were cancelled where as now the popular discredit was that rightly or wrongly
there is no justice under the British government when large political or racial
considerations are involved. And according to Gandhiji as Indian minds will
quickly responds to generousity, the cancellation of death sentences by Punjab or
central government and to let the appellants free is the only way to avoid the
tragedy.
And it is required to take two important considerations .one is to restore
confidence as mentioned above and second is the fulfillment of the royal
proclamation as mentioned to release the 21 appellants in any shape or form who
have never committed any crimes before , as majority of them were respectable
citizens and were committed the crime only under the grave provocation .as the
majority of the convections by the marital law tribunals were unsupported by
any good evidence.
And Gandhiji consoles the people of Punjab not to lose their hearts and we
must prepare ourselves for the worst as no nation has ever raised without
sacrifice and sacrifice can only be spoken of in connection with innocence and
not with crime.

CHAPTER 52 - THE PUNJAB SENTENCES

The commissioners were appointed by the Congress Punjab Sub-committee and
they have made a report in which they have clearly stated about the death
sentences. This case came under the Martial Law Tribunal which comes under
the Royal Proclamation in accordance with its interpretation by the Punjab
government. It was found that the murders in Amritsar were not due to some
private quarrel between the murderers and the victims but it was due to some
political cause and was committed under excitement. Huge amounts of
compensation were made for the murders and arson and also there was a
reduction in the death sentences. The popular belief that was favoured was the
innocents were not given a fair trial. The execution has been delayed a lot
therefore hanging at that stage would have given rude shock to the Indian society
and so Viceroy announced commutation of the death sentences. According to the
Viceroy Mr. Montagu, if the government makes a mistake of carrying out the
71
sentences the people will equally get angry and this can result in misfortune
happenings and huge revolts. He says that the citizens must be prepared for mass
attacks and murders and if needed not only this thousand, in fact many more
people can be murdered so that they get the higher status all over the world.
Further he added that hanging should be treated as an ordinary affair of life.

CHAPTER 53 - A HARD CASE

Gandhi received a telegram from the families of Messrs Bugga and Ratanchand
saying that they were transferred to Andaman. Bugga was suffering from hernia
and piles and was operated and Ratto was over 40 so couldn’t be sent to jail
under Jail Manual Rule 721. The readers will remember that these were the
accused on whose behalf appeals were made to the Privy Council in common
with others and whose appeals were rejected on technical grounds. Pandit Nehru
analysed the cases and concluded that they were no guiltier than others who have
been discharged. Several who were given death sentences were commuted to life
imprisonment and are now free. What distinguishes these two cases? Gandhi
questioned that if it was appeal. Or if any philanthropic lawyer had taken up the
case and fought for them, they would have won. H. H. the Lieutenant-Governor
of the Punjab was showing a generous discretion in releasing many who suffered
between April and June the previous year. Although he had the opportunity, after
the dismissal of the appeal, to hang Messrs Bugga and Ratanchand, H. E. the
Viceroy, it was equally true, has commuted the sentence of death to one of
transportation. But he opined that if the Royal Proclamation was to be given
effect to in the fullest measure, Messrs Bugga and Ratanchand were entitled to
their liberty. They were no more a danger to the State than Lala Harkishen Lai,
Pandit Rambhuj Dutt Chowdhari and others of that distinguished company. But
seeing that the case was strong he did not want a complete release but only
wanted them to stay in Punjab for their wives. He did not want the public to
think that the acts of government were driven out of fear and not logic.

CHAPTER 54 – LAWYER’S DUTY

The author in this chapter talks about the contribution made by the lawyers to
the fight for freedom. He mentions few eminent lawyers like Pherozeshah
72
Mehta, Lokamanya, Manmohan Ghosh, Motilalaji, Prakasam, Munshi,
Deshbandhu, Vitalbhai Patel, Sardar, Jairamdas and many other lawyers who
sacrificed lakhs in the service of the country. Despite of all the sacrifices made
by these lawyers people still talk ill about them and the author says that there is a
reason behind it. A lawyer, by his very profession, is an advocate of people’s
rights, an expert in law and politics and one who saves the victims of oppression
by the state. Therefore, when a class of people who should regard service of the
country as their profession give themselves up to the pursuit of self-interest, lead
a life of self-indulgence or have no other aim than making money by
encouraging litigation, people will naturally speak ill about them.
He says that lawyers have not remained untouched by the present awakening.
They should come forward in large numbers to offer civil disobedience and
remain undeterred if the courts cancel sanads. The author also suggests some
services in which the lawyers can can help the people of their districts once they
become fearless. Few of the services are: keeping accounts of public funds;
explain legal intricacies to the people; explain to the people all cases of arbitrary
use of authority; help in manufacturing khadi; help the women in bringing about
boycott of foreign cloth and many more.

GRAMMAR

73
Parts of speech
Parts of Function or “job” example words example sentences
speech
Verb action or state (to) be, have, do, English club is a web
like, work, sing, site. I like English
can, must Club.
Noun Name, place, Pen, dog, work, This is my dog. He
animal and things music, town, lives in my house.
London, teacher, We live in London.
John
Adjective describes a noun Good, big, red, My dogs are big. I
well, interesting like big dogs.
Adverb Describes a verb, Quickly, silently, My dog eats quickly.
adjective or adverb well, badly, very, When he is very
really hungry, he eats
really quickly
Pronoun replaces a noun I, you, he, she, Tara is Indian. She is
some beautiful.
Preposition links a noun to To, at, after, on, We went to school
another word but on Monday.
Conjunction joins clauses or And, but, when I like dogs and I like
sentences or words cats. I like cats and
dogs. I like dogs but
I don’t like cats
Interjection Short exclamation, Oh!, ouch!, hi!, Ouch! That hurts!
sometimes inserted well Hi! How are you?
into a sentence Well, I don’t know.

Articles
Articles are words that define a noun as specific or unspecific.
Eg: After the long day, the cup of tea tasted particularly good.
There are two types of articles, definite and indefinite.
Definite

74
The definite article is the word the. It limits the meaning of a noun to one
particular thing. For example, your friend might ask, “Are you going to the
party this weekend?” The definite article tells you that your friend is referring to
a specific party that both of you know about. The definite article can be used
with singular, plural, or uncountable nouns. Below are some examples of the
definite article the used in context:

Eg: Please give me the hammer.

Eg: Please give me the red hammer; the blue one is too small.

The Indefinite Article

The indefinite article takes two forms. It’s the word a when it precedes a word
that begins with a consonant. It’s the word an when it precedes a word that
begins with a vowel. The indefinite article indicates that a noun refers to a
general idea rather than a thing. For example, you might ask your friend,
“Should I bring a gift to the party?” Your friend will understand that you are not
asking about a specific type of gift or a specific item. “I am going to bring an
apple pie,” your friend tells you. Again, the indefinite article indicates that she
is not talking about a specific apple pie. Your friend probably doesn’t even have
any pie yet. The indefinite article only appears with singular nouns. Consider
the following examples of indefinite articles used in context:

Eg: Please hand me a book; any book will do.

Eg: Please hand me an autobiography; any autobiography will do.

TENSES
75
  action in the present
Simple A: He taking place always, every
Present speaks. regularly, never or …, never,
several times normally, often,
N: He does  facts seldom,
not speak.  actions taking place sometimes,
one after another usually
Q: Does he  action set by a
speak? timetable or if sentences
schedule type I (If I talk,
…)

 action taking place in

Present A: He is the moment of at the moment,
Progressive speaking. speaking just, just now,
 action taking place Listen!, Look!,
N: He is not only for a limited now, right now
speaking. period of time
 action arranged for
Q: Is he the future
speaking?

 action in the past

Simple Past A: He taking place once, yesterday, 2
spoke. never or several minutes ago, in
times 1990, the other
N: He did  actions taking place day, last Friday
not speak. one after another
 action taking place in if sentence type
Q: Did he the middle of II (If I talked,
speak? another action …)

 action going on at a
Past A: He was certain time in the while, as long

76
Progressive speaking. past as
 actions taking place at
N: He was the same time
not  action in the past that
speaking. is interrupted by
another action
Q: Was he
speaking?

 putting emphasis on
Present A: He has the result already, ever,
Perfect spoken.  action that is still just, never, not
Simple going on yet, so far, till
N: He has  action that stopped now, up to now
not spoken. recently
 finished action that
Q: Has he has an influence on
spoken? the present
 action that has taken
place once, never or
several times before
the moment of
speaking

 putting emphasis on
Present A: He has the course or all day, for 4
Perfect been duration (not the years, since
Progressive speaking. result) 1993, how
 action that recently long?, the
N: He has stopped or is still whole week
not been going on
speaking.  finished action that
influenced the
Q: Has he present
been
speaking?

77
  action taking place
Past Perfect A: He had already, just,
before a certain time
Simple spoken. never, not yet,
in the past
once, until that
 sometimes
N: He had day
interchangeable with
not spoken.
past perfect
if sentence type
progressive
Q: Had he III (If I had
 putting emphasis only
spoken? talked, …)
on the fact (not the
duration)

 action taking place

Past Perfect A: He had before a certain time for, since, the
Progressive been in the past whole day, all
speaking.  sometimes day
interchangeable with
N: He had past perfect simple
not been  putting emphasis on
speaking. the duration or
course of an action
Q: Had he
been
speaking?

 action in the future

Future I A: He will that cannot be in a year, next
Simple speak. influenced …, tomorrow
 spontaneous decision
N: He will  assumption with If-Satz Typ I (If
not speak. regard to the future you ask her, she
will help you.)
Q: Will he
speak? assumption: I
think,
probably,
perhaps

78
  decision made for the
Future I A: He is future in one year,
Simple going to  conclusion with regard
next week,
speak. to the future tomorrow
(going to)
N: He is not
going to
speak.

Q: Is he
going to
speak?

 action that is going on

Future I A: He will at a certain time in in one year,
Progressive be the future next week,
speaking.  action that is sure to tomorrow
happen in the near
N: He will future
not be
speaking.

Q: Will he
be
speaking?

 action that will be

Future II A: He will finished at a certain by Monday, in
Simple have time in the future a week
spoken.

N: He will
not have
spoken.

Q: Will he
have

79
 spoken?

 action taking place

Future II A: He will before a certain time for …, the last
Progressive have been in the future couple of hours,
speaking.  putting emphasis on all day long
the course of an
N: He will action
not have
been
speaking.

Q: Will he
have been
speaking?

 actionthat might take

Conditional A: He place if sentences
I Simple would type II
speak.
(If I were you, I
N: He would go
would not home.)
speak.

Q: Would
he speak?

 action that might take

Conditional A: He place
I would be  putting emphasis on
Progressive speaking. the course / duration
of the action
N: He
would not
be
speaking.

80
 Q: Would
he be
speaking?

 action that might have

Conditional A: He taken place in the if sentences
II Simple would have past type III
spoken.
(If I had seen
N: He that, I would
would not have helped.)
have
spoken.

Q: Would
he have
spoken?

 actionthat might have

Conditional A: He taken place in the
II would have past
Progressive been  puts emphasis on the
speaking. course / duration of
the action
N: He 

would not
have been
speaking.

Q: Would
he have
been
speaking?

81
ACTIVE VOICE

The active voice describes a sentence where the subject performs the action
stated by the verb. It follows a clear subject + verb + object construct that's easy
to read. In fact, sentences constructed in the active voice add impact to your
writing.

PASSIVE VOICE

With passive voice, the subject is acted upon by the verb. It makes for a murky,
roundabout sentence; you can be more straightforward with an active voice. As
such, there are many ways to change the passive voice to the active voice in
your sentences.

Active Voice Passive Voice

Harry ate six shrimp at dinner. At dinner, six shrimp were eaten by
Harry.

Beautiful giraffes roam the The savannah is roamed by beautiful

savannah. giraffes.

Sue changed the flat tire. The flat tire was changed by Sue.

We are going to watch a movie A movie is going to be watched by us

tonight. tonight.

I ran the obstacle course in record The obstacle course was run by me in
time. record time.

The crew paved the entire stretch The entire stretch of highway was
of highway. paved by the crew.

Mom read the novel in one day. The novel was read by Mom in one day.

I will clean the house every The house will be cleaned by me every

82
Saturday. Saturday.

The company requires staff to The staff are required by the company
watch a safety video every year. to watch a safety video every year.

Tom painted the entire house. The entire house was painted by Tom.

The teacher always answers the The students' questions are always
students' questions. answered by the teacher.

The choir really enjoys that piece. That piece is really enjoyed by the
choir.

A forest fire destroyed the whole The whole suburb was destroyed by a
suburb. forest fire.

The two kings are signing the The treaty is being signed by the two
treaty. kings.

The cleaning crew vacuums and Every night, the office is vacuumed and
dusts the office every night. dusted by the cleaning crew.

Larry generously donated money Money was generously donated to the

to the homeless shelter. homeless shelter by Larry.

The wedding planner is making all All the reservations are being made by
the reservations. the wedding planner.

Susan will bake two dozen Two dozen cookies will be baked by
cupcakes for the bake sale. Susan for the bake sale.

The science class viewed the The comet was viewed by the science
comet. class.

The director will give you Instructions will be given to you by the
instructions. director.

Thousands of tourists visit the The Grand Canyon is visited by

Grand Canyon every year. thousands of tourists every year.

83
The homeowners remodeled the The house was remodeled by the
house to help it sell. homeowners to help it sell.

The saltwater corroded the metal The metal beams were corroded by the
beams. saltwater.

The kangaroo carried her baby in The baby was carried by the kangaroo
her pouch. in her pouch.

REPORTED SPEECH

If we report what another person has said, we usually do not use the speaker’s
exact words (direct speech) but reported (indirect) speech. Therefore, you need
to learn how to transform direct speech into reported speech. The structure is a
little different depending on whether you want to transform a statement,
question or request.

Statements

When transforming statements, check whether you have to change:

 pronouns
 present tense verbs (3rd person singular)
 place and time expressions
tenses (backshift)

Type Example

Direct speech “I speak English.”

Reported speech He says that he speaks English.

(no backshift)

84
Reported speech He said that he spoke English.

(backshift)

1) Pronouns

2) present tense verbs (3rd person singular)

3) Place and time expressions

4) Tenses (backshift)

Questions

When transforming questions, check whether you must change:

 pronouns
 present tense verbs (3rd person singular)
 place and time expressions
 tenses (backshift)

Also note that you have to:

 transform the question into an indirect question

 use the interrogative or if / whether

Type Example

with direct “Why don’t you speak

interrogative speech English?”

85
 reported He asked me why I didn’t
speech speak English.

direct
“Do you speak English?”
speech
without
interrogative
reported He asked me whether / if I
speech spoke English.

Simple Sentences
A simple sentence has only the most elemental building blocks of a sentence: a
subject and a verb used in a complete thought, also called an independent
clause.
Here are some examples of simple sentences:

 Kristinadrank her morning coffee. (Kristina = subject, drank = verb)

 Kristina showered and dressed. (Kristina = subject, showered and
dressed = compound verbs)

Simple sentences are usually short. You may use compound subjects and verbs
to add length, but for the most part, using too many simple sentences makes
your writing choppy.

Compound Sentences
Compound sentences marry two independent clauses together with a
conjunction.

86
Kristina drank her morning coffee, and then she showered and dressed.

Notice the first part of the sentence and the last part can stand alone as
independent sentences. The key is to not use too many compound sentences
together or your writing will sound stilted.

Complex Sentences
A complex sentence uses an independent clause combined with one or more
dependent clauses. A dependent clause is similar to an independent clause, but it
can’t stand on its own as a complete sentence. Complex sentences use
conjunctions to tie them together, too.

Examples:

 Because she woke up late when her alarm malfunctioned, Kristina missed
her morning As Kristina watched the train pull out of the station, she
realized she would be late for work yet again.

The dependent clauses can also fall at the end of an independent clause as in
these examples:

 Kristina missed her morning train because she woke up late when her
alarm malfunctioned.
 Kristina realized she would be late for work yet again as she watched the
train pull out of the station.

Here’s a complex sentence with two compound independent clauses and one
dependent clause:
87
  Kristina missed her morning train, and as she watched it pull out of the
station, she realized she would be late for work yet again.

TYPES OF SENTENCES

What Are the Four Types of Sentences?

Declarative sentence
Imperative sentence
Interrogative sentence
Exclamatory sentence

And there are only three punctuation marks with which to end a sentence:

Period

Question mark

Exclamation point

Using different types of sentences and punctuation, students can vary the tone
of their writing assignments and express a variety of thoughts and emotions.

What is a declarative sentence?

A declarative sentence simply makes a statement or expresses an opinion. In
other words, it makes a declaration. This kind of sentence ends with a period.
Examples of this sentence type: “I want to be a good writer.” (makes a
statement) “My friend is a really good writer.” (expresses an opinion)

88
What is an imperative sentence?
An imperative sentence gives a command or makes a request. It usually ends
with a period but can, under certain circumstances, end with an exclamation
point.

Examples of this sentence type:

“Please sit down.”
“I need you to sit down now!”

What is an interrogative sentence?

An interrogative sentence asks a question. This type of sentence often begins

with who, what, where, when, why, how, or do, and it ends with a question
mark.

Examples of this sentence type:

“When are you going to turn in your writing assignment?”
“Do you know what the weather will be tomorrow?

”What is an exclamatory sentence?

An exclamatory sentence is a sentence that expresses great emotion such as
excitement, surprise, happiness and anger, and ends with an exclamation point.

Examples of this sentence type:

“It is too dangerous to climb that mountain!”
“I got an A on my book report!”

Interrogative sentences ask questions.

89
Form Function example

auxiliary verb + subject + verb... ask a question Does Mary like John?

The typical form (structure) of an interrogative sentence is:

auxiliary verb + subject + main verb

Do you speak English?

main verb BE + subject

Were you cold?

TRANSFORMATION OF SENTENCES

90
SIMPLE TO COMPOUND

Simple sentences can be converted into a compound sentence by expanding a

word or a phrase into a clause and by using the coordinating conjunction to
connect the clause.

 Driven by rain, he took shelter under a tree. (Simple sentence)

 He was driven by rain and took shelter under a tree. (Compound
Sentence)
 Besides being beautiful, she is intelligent. (Simple Sentence)
 She is not only beautiful but also intelligent. (Compound Sentence)
 In spite of his poverty he is happy. (Simple Sentence)
 He is poor but he is happy. (Compound Sentence)

SIMPLE TO COMPLEX
A simple sentence can be converted into a complex sentence by
expanding a word or phrase into a subordinate clause - which can be a
noun clause, an adjective clause or an adverb clause.

Noun clause

He liked my suggestion. (Simple sentence)

He liked what I suggested. (Complex sentence)
His advice did not prove successful. (Simple sentence)
What he advised did not prove successful. (Complex sentence)
Note that it is usually a noun or a noun equivalent that can be changed
into a noun clause.

Adjective clauses

There I saw a beautiful girl. (Simple sentence)

There I saw a girl who was beautiful. (Complex sentence)

91
A wounded tiger is very fierce. (Simple sentence)
A tiger that is wounded is very fierce. (Complex sentence)
COMPLEX TO COMPOUND
We can convert a complex sentence into a compound sentence by changing the
subordinate clause or clauses into main clauses.
Note that subordinate clauses are introduced by conjunctions like because, as, if,
when, where, since and though. The conjunctions commonly used in compound
sentences are: and, or, but, yet and for.

Complex: Though he is poor, he is happy.

Compound: He is poor, but he is happy.
Complex: Although she is ill, she worked very hard.
Compound: She is ill, yet she worked very hard.
Complex: Though the class was lengthy, the class was enjoyable.
Compound: The class was lengthy, but it was enjoyable

COMPOUND TO COMPLEX
If a compound sentence contains just two independent clauses, you can convert
it into a complex sentence by changing one of these independent clauses into a
dependent clause. If the compound sentence contains three independent clauses,
you will have to change two of them into dependent clauses.

Compound: Take care of the pence, and the pounds will take care of
themselves.
Complex: If you take care of the pence, the pounds will take care of
themselves.
Compound: Speak the truth, or I will kill you.
Complex: I will kill you if you don’t speak the truth.

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LETTER WRITING

93
94
RESUME

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  Special skills
 References
 Declaration
 Signature

LEGAL TERMS

SERI LEGAL MEANING SENTENCE

AL TERM
NO.

1. Accused Refers to a person or people Although he has been

who have been charged with accused of burning
crime. down the building, the
suspect has not been
proven guilty.

2. Accomplice A person who helps another The police were hoping

commit a crime. that the accomplice
would lead them to the
mastermind of the
crime.

3. Arrest Seize ( someone) by legal The police arrested him

authority and take them into for the possession of
custody. drugs.

4. Amendment A minor change or addition The entire text of the

designed to improve a text, amendment is on the
piece of legislation, etc. ballot this year.

5. Adjournment To have a rest or pause during The solicitor moved for

a formal meeting or trial. an adjournment of the
case.

6. Award Give or order the giving of The school won a

(something) as an official national award for

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 payment, compensation or having the highest
prize (to someone). student test scores.

7. Arbitration Is a private process where They agreed to settle

disputing parties agree that one their dispute by
or several individuals can arbitration.
make a decision about the
dispute after receiving
evidence and hearing
arguments.

8. Agreement A negotiated and typically The agreement was to

legally binding arrangement solve the dispute by
between parties as to a course arbitration.
of action.

9. Approver A person who endorses or The nominated approver

gives permission for may only obtain the
something. listings after the package
has been submitted for
approval.

10. Bail The temporary release of an The alleged killer has

accused person awaiting trial, been released on bail
sometimes on condition that a and is awaiting trial.
sum of money is lodged to
guarantee their appearance in
court.

11. Bench It can simply indicate the The constitutional bench

location in a courtroom where decided the matters
a judge sits. It also describes concerning the
the members of a judiciary constitution.
collectively or the judges of a
particular court.

12. Bond A formal written agreement by A bond was formed

which a person undertakes to between the lawyer and
perform a certain act. his client.

13. Breach of Occurs when one party in a Workers who have lost
contract binding agreement fails to their jobs plan to sue the
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 deliver according to the terms company for breach of
of the agreement. contract.

14. Consent When two parties entered into Testing patients without
the contract they should agree their consent would
upon the same thing in the constitute a professional
same manner. and legal offense.

15. Contract An agreement between private The court ruled that the
parties creating mutual contract must be
obligations enforced by law. terminated.

16. Contempt It is the offence of being The tobacco companies

disobedient to or disrespectful may be guilty of
towards a court of law at its contempt of court for
officers in the form of refusing to produce the
behaviour that opposes or document
defies the authority, justice and
dignity of the court.

17. Counterclaim A claim made to rebut a The defendant's

previous claim. counterclaim substantial
damages for alleged
defects in what was
supplied.

18. Court A place where trials and other His court duties were
legal cases happen, especially presumably over now
the officials and those deciding that the case was settled.
if someone is guilty

19. Counsel A barrister or other legal The man decided to find

adviser conducting a case. a new legal counsel as
his current attorney
doesn't seem to care
about his case.

20. Compromise Settle a dispute by mutual The land dispute was

concessions. compromised and both
the parties get equal

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 rights to that land.

21. Coercion The practice of persuading The coercive gangster

someone to do something by promised to come after
using force or threats. Lar’s family if they
didn't obey him.

22. Claim State or assert that something The wife claimed 50%of
is the case, typically without her husband's property.
providing evidence or proof.

23. Damages A sum of money claimed or The accused is hereby

awarded in compensation for a ordered to pay for the
loss or an injury. damages.

24. Decree An official order that has the You are hereby decree to
force of law serve 20 years in jail.

25. Defamation The action of damaging the The newspaper was sued
good reputation of someone; for defamation after
slander or libel. publishing lies about a
celebrity.

26. Defendant An individual, company or When a divorce is

institution sued or accused in a granted, the defendant is
court of law. not permitted to marry
other than the plaintiff
for three years, unless
the plaintiff dies.

27. Defence The case presented by or on His only attempt at

behalf of the party accused of a defence had been to tell
crime or being sued in a civil Josh that things aren't as
lawsuit. they appeared.

28. Document A piece of written, printed, or Jayant gave this

electronic matter that provides document to the press to
information or evidence or that publish the news.
serves as an official record.

29. Distress The act or process of He was evidently

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 distraining. distressed, and breathed
painfully, but could not
restrain the wild laughter
that convulsed out of
him.

30. Divorce The legal dissolution of a They went through a

marriage by a court or other lengthy divorce process.
competent body.

31. Evidence The available body of facts or The evidence brought

information indicating whether forward to the court
a belief or proposition is true proved that the accused
or valid. was guilty.

32. Estoppel Is a legal principle that The Rees claimed that

prevents someone from the court should apply
arguing something or asserting the doctrine of
a right that contradicts what promissory estoppel,
they previously said or agreed which can make
to by law. promises binding even
when unsupported by
consideration.

33. Equity The quality of being fair and The rules of common
impartial. law and equity are both,
in essence, systems of
private law.

34. Execution The carrying out of a sentence He is in prison awaiting

of death on a condemned his execution.
person.

35. Fraud Wrongful or criminal He was found guilty of

deception intended to result in bank fraud by the court.
financial or personal gain.

36. Hearsay The report of another person’s You cannot judge a

words by a witness, which is person solely based on
usually disallowed as evidence hearsay.
in a court of law.

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37. Homicide A homicide requires only a Even the homicide
volitional act by another detectives were surprised
person that results in death. It by the macabre level of
may result from an accidental, this crime.
reckless or negligent act even
if there is no intent to cause
harm.

38. Injunction A judicial order restraining a The court has issued an

person from beginning or injunction to prevent the
continuing an action, distribution of the book.
threatening or invading the
legal right of another.

39. Insolvency State of financial distress in When satisfied that a

which a person or business is bank has become
unable to pay their debts. insolvent, the
commissioner may take
possession of it and wind
up its affairs.

40. Instrument Is a legal term of art that is It is the first legal

used for any formally executed instrument designed to
written document that can be reduce tobacco related
formally attributed to its death and disease around
author, records and formally the world.
expresses a legally enforceable
act, process or contractual
beauty, obligation or right and
therefore evidence that act,
process or agreement.

41. Issue A dispute in court in which the I will issue an alert to the
application of law is contested. police.

42. Judgement A decision by a court or other The supreme court has

tribunal that resolves a passed the judgment on
controversy and determines the the accused man.
rights and obligations of the
party.

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43. Jurisdiction The limit of a judicial authority The court has
or the extent to which a court jurisdiction over most
of law can exercise its criminal offenses.
authority over suits, cases,
appeals, etc.

44. Jurisprudenc The study, knowledge or He has a basic respect

e science of law. for American
jurisprudence and its
traditions.

45. Juri A group of usually 12 people The jury failed to reach a

sworn to deliver a true verdict verdict.
according to the evidence upon
a case presented in the court of
law.

46. Justice Basically, means being just, I saw no justice in the

impartial, fair and right also court’s decision.
means the implementation of
concepts like equality and
liberty.

47. Juvenile It is enlisted in the law for He works to keep

relating to a young person who juveniles away from
is not yet old enough to be drugs.
considered an adult as per the
Cambridge dictionary.

48. Kidnap The crime of unlawfully The police balked the

seizing and carrying away a attempt to kidnap the
person by force or fraud or child.
seizing and detaining a person
against his or her will with an
intent to marry that person
away at a later time.

49. Lawyer A person who through a A man is his own lawyer

regular programme of study I has a fool for his client.
learned in legal matters and
had been licensed to praise his

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 or her profession.

50. Liability Describes the condition of Once you contact the

being actually or potentially a card protection scheme
subject to a legal obligation. your liability for any loss
ends.

51. Litigation The process of taking legal The company wishes to

action. avoid litigation.

52. Maintenance Financial support provided for We support local

a person’s living expenses. initiatives that ensure the
maintenance of
community spirit.

53. Minor A person under the age of full The law prohibits minors
legal responsibility. from smoking.

54. Murder The unlawful premeditated Most jurisdictions

killing of one human being by authorize a sentence for
another. murder ranging up to life
imprisonment, and a
minimum sentence of
imprisonment for a
substantial number of
years.

55. Mortgage A legal agreement by which a He will have to take

bank, building, society, etc mortgage in order to buy
lends money at interest in the house.
exchange for taking title of the
debtor’s property, with the
condition that the conveyance
of title becomes void upon the
payment of debt.

56. Negligence Breach of a duty of care which His negligence was

results in damage. remarked by his
colleagues.

57. Notification The action of notifying I was given no

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 someone or something. notification that you
received my paymen.

58. Notice Notification or warning of Notices was sent to the

something, especially to allow parents about the school
preparations to be made. trip.

59. Oath A statement or promise Soldiers take an oath to

strengthened by such an defend the nation.
appeal.

60. Objection The action of challenging or He said he had no

disagreeing with something. objection to the plan.

61. Partnership It is a formal arrangement by A marriage is a

two or more to manage and partnership among two
operate a business. people.

62. Partition A division into or distribution We will use a partition

in portions or shares. to divide our living area
into a living space and a
workspace.

63. Perjury Giving false testimony after During his testimony,

swearing to state the truth. Jim committed perjury
when he misled the court
about his wife’s
whereabouts

64. Petition An official document that A nonviolent way to

makes a request and is signed protest a law is by
by supporters. signing a petition
requesting the annulment
of the law.

65. Petitioner A person who creates a The petitioners

petition or signs a petition in discovered that there
order to change or ask for was nothing sacred
something. about property rights
when altering them was
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 thought to be in public
interest.

66. Plaintiff In court the individual who After the plaintiff fell on
claims someone else is the grocery stores wet
responsible for a misdeed. floor, she filed a lawsuit
hoping the damages
would cover her medical
bills.

67. Plaint An accusation or charge. There was only one

plaint in the district court
but two appeals in the
court of appeal.

68. Pleadings A formal statement of the The lawyer presented the

cause of an action or defence. pleading for his client.

69. Privity A relation between two parties There is no privity of

that is recognised by law, such contract between the
as that of blood, lease or manufacturer and the
service. consumer.

70. Pre emption The action of pre-empting or The commission had the
forestalling, especially of right of pre- emption.
making a pre-emotive attack.

71. Proviso A condition or qualification He was released from

attached to an agreement or prison with the proviso
statement. that he doesn't leave the
country.

72. Prosecutor A person, especially a public The defence and

official who institutes legal prosecutors agreed to
proceedings against someone. recommend a one-year
jail sentence

73. Prosecution The act or process of holding a Prosecution of the

trial against a person who is defendant will be
accused of a crime to see if difficult since the
that person is guilty. evidence against him is

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 all circumstantial.

74. Procedure An established or official way I have no acquaintance

of doing something. with court procedure.

75. Presumption An idea that is taken to be true There was a presumption

on the basis of probability. that the pair was in a
relationship, even
though they denied it.

76. Punishment The infliction or imposition of The punishment for

a penalty as a retribution for an murder is life
offense. imprisonment.

77. Right A moral or legal entitlement to The criminals were

have or do something. deprived of their civil
rights.

78. Remedy The legal means to recover a The Presidents advisor

right or to prevent or obtain suggested that the
redress for a wrong. remedy for the economic
problems is the tax cut.

79. Redemption The action of regaining or The peasants found the

gaining position of something terms of redemption
in exchange for payment, or unpleasant.
clearing a debt.

80. Remand Place (a defendant) on bail or The prosecutor applied

in custody, especially when a for a remand to allow
trial is adjourned. forensic evidence to be
investigated.

81. Respondent A party against whom a The first respondent had

petition is filed, especially one to make an appeal
in an appeal or a divorced case. against the regulations.

82. Regulation A rule or directive made and The FCI plans to set new
maintained by an authority. food processing
regulations.
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83. Rule Pronounce authoritatively and The rule of law is
legally to be the case. mandatory in all
scenarios.

84. Sentence The punishment assigned to The man had to face a

the defendant found guilty by a three- year sentence in
court, or fixed by law for a prison.
particular offense.

85. Settlement The act of adjusting or The parties have not

determining the dealings or been able to reach a
dispute between persons settlement in the case.
without pursuing the matter
through a trial.

86. Statute A law enacted by the The state legislature

legislative branch of a passed the statute by an
government. overwhelming margin.

87. Summon A law enacted by the The queen summoned

legislative branch of a him back to the palace.
government.

88. Summons A call by the authority to The judge issued a

appear at a place named or to summons.
attend a duty.

89. Surety A formal engagement (such as As sureties, they will be

a pledge) given for the liable in his place.
fulfilment of an undertaking.

90. Title The right or proof of There are several

ownership. problems with titles in
real estate.

91. Transfer It is the movement of assets, They demanded a

funds or ownership rights from transfer of power into
one place to another new hands.

92. Tort A wrongful act or an Judge Gardener awarded

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 infringement of a right (other the plaintiffs the whole
than under contract) leading to amount that they
legal liability. requested for tort against
the men who harassed
them.

93. Trespass Entry to a person’s land or Authorities had

property without permission. previously warned the
people not to trespass on
the property.

94. Trial A formal examination of The man was on trial for

evidence by a judge, typically murder.
before a jury in order to decide
guilt in a case of criminal or
civil proceedings.

95. Vicarious Acting or done for another. My paralyzed uncle

takes vicarious pride in
his son's running
achievements.

96. Verdict A decision on an issue or fact The critical verdict about

in a civil or criminal case or an the show was positive.
inquest.

97. Void Not valid or legally binding. The Supreme Court

declared the lower
court’s decision void and
overturned the ruling.

98. Voidable Is a transaction or action that is For the void contract or

valid but may be annulled by voidable contract, the
one of the parties to the possible remedies
transaction. include restitution and
paying for the damages.

99. Warrant A document issued by a legal The judges of Amiens,

or a government official however, perused him
authorizing the police or with a warrant for his
another body to make an arrest, arrest, which took place
search premises or carry out in Brumaire of the year
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 some other action relating to 11.
the administration of justice.

100. Witness A person who sees an event The lawyers are trying to
typically to a crime or convince the unwilling
accident, takes place. witness to testify.

101. Will Legal declaration intended to In her will, she asked

dispose of property. that her money be
donated to the church.

All and sundry

Meaning: all, everyone
Example: The movie star had a big wedding and all and sundry from the film industry
were invited.

Alpha and omega

Meaning: beginning and the end
Example: He knows the alpha and omega of his job.

Apple of discord
Meaning: the cause of anger, tension, and disagreement
Example: The right to host the next Olympics has become an apple of discord
between the two countries

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.
Apple of one’s eye
Meaning: a favourite or beloved thing
Example: His new baby girl was the apple of his eye.

As a matter of fact
Meaning: a fact as distinct from an opinion or conjecture
Example: As a matter of fact, the teacher taught us this topic yesterday itself.

At sixes and sevens

Meaning: in a state of confusion and disarray
Example: We have been at sixes and sevens in the office this week.

At one’s fingertips
Meaning: readily available or accessible
Example: All the word-meanings of the chapter were at her fingertips.

Bone of contention
Meaning: the subject of continuous disagreement
Example: The ongoing court case has been a bone of contention between the two
brothers.

Be a party to
Meaning: be involved in
Example: Rohit was a party to all the corruption going on in the department.

Bear a grudge
Meaning: maintain anger or resentment
Sentence: My boss still bears a grudge against me for getting complimented by the
management, on the annual report

Beat about the bush

Meaning: discuss a point without coming to a point
Example: He did not prepare for the presentation, so he continued to beat about the
bush.

Blow hot and cold

Meaning: alternate inconsistently between two moods, attitudes, or courses of action
Example: She keeps blowing hot and cold about the wedding.

Blow one’s own trumpet

Meaning: to talk about one’s achievements, to boast
Example: The crew tried to blow their own trumpet, but the manager did not buy their
story.

Bring a book

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Meaning: to punish someone or to make them explain their behaviour publicly
Example: None of those responsible have been brought to book thus far in this case.

Bring to the ground

Meaning: to reduce something to a lower level
Example: It took a bulldozer fifteen seconds to bring it to the ground.

Bring to a standstill
Meaning: to cause a process to reach to a point where it must stop
Example: The operation was brought to a standstill because one of the members got
hurt.

Burn one’s fingers

Meaning: to harm oneself
Example: He burned his fingers in the stock market by investing too early.

Burn the midnight oil

Meaning: work late into the night
Example: To score well in the exams, we need to burn the midnight oil to study.

Build castles in the air

Meaning: to make plans with a little chance of them happening
Example: Let us not build castles in the air but be practical.

By leaps and bounds

Meaning: with startlingly rapid progress
Example: The recovery rate of Covid cases has increased by leaps and bounds.

Cast a spell
Meaning: to use magic to change someone or something
Example: She cast a spell on him to become a wise person.

Caught red handed

Meaning: apprehend someone in the course of wrongdoing
Example: Ram was caught red handed stealing his friend’s lunch.

Every now and then

Meaning: from time to time, occasionally
Example: Every now and then I visit the orphanage.

Fair and square

Meaning: with absolute accuracy and honesty
Example: The judgement of the Supreme Court was fair and square.

Far and near

Meaning: everywhere

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Example: We searched far and near for his dog.

Far and wide

Meaning: over a large area
Example: Corona Virus has spread far and wide.

Fight tooth and nail

Meaning: engage in vigorous combat with strenuous effort, with all resources
Example: She fought tooth and nail for the job.

Get off scot free

Meaning: to not get the punishment that they deserve
Example: I went scot free even after riding a bike without a helmet.

Get rid of
Meaning: act to be free
Example: Everyone must take precautions to get rid of coronavirus.

Give one’s word

Meaning: to make a serious promise or vow
Example: I give you my word that I will return your books this Sunday.

Go astray
Meaning: become lost, misled
Example: The money had gone astray.

Hand in hand
Meaning: connected or associated, with affection
Example: Everyone must work hand in hand for the grand success of this event.

Hand in glove
Meaning: in close collusion or association
Example: She worked hand in glove with the opponent team.

Hang in balance
Meaning: to be in a precarious situation, unsure of the future
Example: The match was hanging in the balance till the last over.

To turn a deaf ear

Meaning: refuse to listen or respond to a statement or request.
Example: The police turned a deaf ear to all the pleas made by the girl’s family.

Turn a new leaf

Meaning: to alter your behaviour in a positive way
Example: He promised to turn over a new leaf and study harder.

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Under the pretext of
Meaning: to reveal the true identity
Example: The day before he carried out the bomb attack, he left the house under the
pretext he was going to visit friends.

Under lock and key

Meaning: securely locked up
Example: The rifle was stored under lock and key.

Yeoman’s service
Meaning: hard and valuable work one does to support a cause
Example: He did a yeoman service to develop the school.

Take a bird’s eye view

Meaning: To look at something from a broad view
Example: One should have a bird’s eye view while making a decision

Take up arms
Meaning: To take up weapons to defend oneself
Origin: The term came up in 1400s in the sense of war
Example: Sometimes there is no option but to take up arms against the enemy.

To the best of one’s ability

Meaning: To do something with all the available skills, resources or energy
Example: When taking up a job, we should do it to the best of our ability.

To the letter
Meaning: Exactly or precisely obey the law to the word
Origin: The French equivalent of this phrase is au pied de la lettre, which has been
used in English since the late 18th century.
Example: Instructions, especially during the exam, should be followed to the letter.

To the point:
Meaning: Relevant to the matter at hand
Example: Instead of rambling unnecessarily, we should talk to the point.

Part and Parcel:

Meaning: An essential or integral component.
Origin- Used since the 15th century as a Legal term, with ‘part’ meaning a portion
and ‘parcel’ something integral with a whole.
Example: Dealing with angry customers is a part and parcel of the job.

Put to paper:

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Meaning: Start writing something.
Example: The judge announced the verdict and put it to paper.

Rain cats and Dogs:

Meaning: Rain heavily.
Origin- Cats and Dogs may come from the Greek expression cata doxa, “which
means contrary to experience or belief”
Example: It was raining cats and dogs earlier this afternoon.

To stand in One’s way:

Meaning: To prevent someone from doing something.
Example: The only thing standing in my way is my low self-esteem.

Swim with the tide:

Meaning: To follow what everyone else is doing.
Origin- In the late 1600’s this idiom was also put as ‘swim down the stream’, a usage
not much heard today.
Example: She never gives her own opinions. Instead, she always swims with the
tide.

Null and void:

Meaning: No longer valid, legitimate, or enforceable.
Example: No longer valid, legitimate, or enforceable.

Nook and corner:

Meaning: Every corner
Example: He traced my missing ring in every nook and corner of the house

Of one’s own accord:

Meaning: Voluntarily, without prompting or coercion
Example: The entire audience rose of their own accord to appreciate the singer

On the verge of
Meaning: anything that’s on the verge of happening
Example: The country was on the verge of becoming prosperous and successful

Over and over again:

Meaning: doing something that has been done before.
Example; I have told him over and over again that I would not be going to the party

Make a mountain out of a mole-hill

Meaning: To exaggerate or put too much focus on a minor issue and make it seem
like a major one.

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Example: You're making a mountain out of a mole-hill for just losing 2 marks in the
test.

Make both ends meet

Meaning: To have just enough money.
Example: It was impossible for the family to make both ends meet.

Move heaven and Earth

Meaning: To do everything you can to achieve something.
Example: He had to move heaven and Earth to get the job.

Nip in the bud

Meaning: To stop something from becoming serious by dealing with it as soon as
you notice it.
Example: Many serious illnesses can be nipped in the bud if they are detected early
enough.

Now and then

Meaning: From time to time
Example: Every now and then she regretted her decision.

In the twinkling of an eye

Meaning: If something happens in the twinkling of an eye, it happens very quickly
Example: Microprocessors do calculation in twinkling of an eye

Keep aloof from

Meaning: Emotionally or physically distant from someone
Example: I have never seen the CEO before, he stays pretty aloof from rest of us

Keep in the dark

Meaning: Keep someone unaware, not informed, keep somebody off from my any
act
Example: My best friend kept me in the dark about his plan of starting new business
with my brother

Keep one’s promise

Meaning: Make good on something you have agreed
Be faithful to your words
Example: Her boss cannot keep the promise he made about a pay rise

Leave no stone unturned

Meaning: Try every possible course of action in order to achieve something

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Example: The doctor said he will leave no stone unturned to find a cure for his
illness.

Heart and soul

Meaning: With all the effort you can put into it
Example: The sculptor put his heart and soul into the statue to impress the king.

In a nutshell
Meaning: A concise summary of whatever has been said
Example: The crowd wanted the politician to explain his plains in a nutshell.

In black and white

Meaning: Either correct or incorrect, good or bad
Example: He is used to seeing situations in black and white and that’s why he
ignores the grey areas.

In full swing
Meaning: At the peak of its operation
Example: The preparations for the festival were in full swing

In the midst of
Meaning: During an event
Example: Holding exams in the midst of this pandemic is proving to be tough.

Dr Anita Raghavendra.

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