‘The assassins of Mahatma Gandhi were not worshipped during the 1975 Emergency. Boys and girls were free to choose partners of their choice. They were not persecuted in the name of ‘love jihad’.’
On this day in June 25, 1975, Emergency was declared by the Indira Gandhi government, but for Lalu Prasad Yadav, on June 25, 2023, an undeclared Emergency is afoot thanks to the excesses of the Narendra Modi government.
Lalu was in the forefront of the Jayaprakash Narayan-led movement during the seventies. In his interactions with me, excerpts from which made their way to the biography Gopalganj to Raisina: My Political Journey, the Rashtriya Janata Dal president noted how parallels exist between the Emergency of 1975 and the conditions of today.
Some of his observations are given below. Notes from me are in italics.
– Nalin Verma
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“India today is reeling under an undeclared Emergency. The very idea of India enshrined in the constitution is under threat. People and political parties are uniting against the spell of this undeclared Emergency.
We (all the opposition parties) are under pressure from the people all across the country to unite and dislodge the Narendra Modi government so that the undeclared emergency comes to an end and the people can breathe in free air. The oppositions’ conclave at Patna on Friday-June 23- was also an expression of the people’s wish to fight collectively against the dictatorial regime of Modi.
“Though there is no official censorship, several media houses, owned by major corporates, hesitate to air opinions or shows that are unpalatable to the Modi government. Let me draw a parallel between the Emergency of 1975 and the undeclared one today.
Prime Minister Indira Gandhi had resorted to constitutional provisions to declare Emergency in India. That Emergency was different from the present spell in the sense that Indira ji put many of us behind bars, but she never abused us. Neither she nor her ministers or party leaders ever called us ‘anti-national’ or ‘unpatriotic’.
She never unleashed vandals to defile the memory of Baba Saheb Bhimrao Ambedkar – the architect of our constitution. She didn’t unleash lynch mobs to kill and maim minorities and Dalits in the name of religion and caste. Cattle-traders were not persecuted and killed on doubts of possessing beef.
Journalists and writers were put behind bars and were released later. They might have been tortured in jail but they were not shot dead in cold blood.
Her ministers didn’t loiter around Jawaharlal Nehru University (JNU) and other educational institutions to question the morality of young students. Activists, writers and people at large defied the Emergency and dissented with Indira ji and her policies. But she didn’t ask anyone to go to Pakistan.
I was a young student leader and was one of the fiercest critics of the dictatorship at that time. But given my understanding of Indira ji and her regime, I can say with certainty that she would never have tolerated her ministers and party workers asking people to go to Pakistan.
The assassins of Mahatma Gandhi were not worshipped during the 1975 Emergency. Boys and girls were free to choose partners of their choice. They were not persecuted in the name of ‘love jihad’.
Photo taken during the trial of the persons accused of participation and complicity in Mahatma Gandhi’s assassination in a Special Court in Red Fort, Delhi. The trial began on May 27, 1948. V.D. Savarkar, wearing a black cap, is seated in the last row, while Nathuram Godse and Narayan Apte are up front. Credit: Photo Division, GOI
Indira Gandhi never spread superstition. She never said that Lord Ganesha had got an elephant trunk through plastic surgery. She made India a nuclear power. The Indian Army during her days as the prime minister defeated Pakistan and created Bangladesh in 1971. But she behaved like a statesman.
Dignified in defeat
Our Janata Party defeated her in 1977. She battled hard against us and regained power in 1980. She travelled through Bihar and other parts of India during her campaign, but she didn’t utter blatant lies. She didn’t make false promises. She never said she would give two crore jobs every year to the youth or deposit Rs 15 lakh into the accounts of every Indian. She didn’t promise achhedin (good days) and unleash lynch mobs to bring about buredin (days of trouble) on the minorities and the Dalits either.
JP’s movement was not directed against any individual. It was against the regime of that time.
The Sangh Parivar leaders had played a dubious role then and JP never liked them. He asked them to disassociate themselves from the RSS to get into the Janata Party based on his principles of socialism, equality and justice. The Sangh Parivar never abided by JP. They used the movement to gain recognition in society. They feared being jailed and did not participate in the jailbharo campaign.
New Delhi: Bihar CM and JD(U) leader Nitish Kumar with RJD supremo Lalu Prasad after their meeting with Congress interim President Sonia Gandhi, in New Delhi, Sunday, Sept. 25, 2022. (PTI Photo/Kamal Kishore)(PTI09_25_2022_000279B)
Lalu had been arrested under the Maintenance of Internal Security Act (MISA) and stayed in jail for nearly two years during the JP movement. Nitish Kumar, Shivanand Tiwary, Bashishtha Narayan Singh and several of Lalu’s colleagues in the JP movement too stayed in the prison for months.
But today they are playing the victim card against the Emergency.
I laugh when some Union ministers narrate how ‘bravely’ they fought during the Emergency. I was the chairman of the steering committee of the movement that JP had constituted. My colleagues Shivanand Tiwary, Nitish Kumar, Bashishtha Narayan Singh and I in the steering committee didn’t even know many of the ministers in the Modi government who talk so much about the Emergency today.
We had not heard of Narendra Modi, (Arun) Jaitley or Venkaiah Naidu during the Emergency.
A political leader who made his presence felt during the Emergency and whom Lalu had the utmost respect for after Jayaprakash Narayan was former Prime Minister, Chandra Shekhar.
Chandra Shekhar was in the Congress. Indira Gandhi could have made him a top minister had he wished. But Chandra Shekhar ji quit the Congress to join the JP movement. He was like an elder brother to me. I respected him as an elder brother and also my leader as long as he lived.
The RJD president also named Karpoori Thakur, George Fernandes, Madhu Limaye, Madhu Dandavate, Sharad Yadav and others with respect.
People like L.K. Advani and Murli Manohar Joshi were committed to the RSS’s Hindutva ideology. They had joined the movement to earn respect and recognition among the people which they didn’t have then but they were more loyal to Nagpur than to the cause of the constitution and democracy that the JP-led movement espoused.
RSS-ABVP
In the initial stages of the agitation, JP gave a jailbharo (fill the jail) call and asked me to arrange for students to court arrest in large numbers. The movement was still in its nascent stage and only a few people were ready to go to prison. I organised a group of 17 persons – mostly belonging to the ABVP-RSS – and brought them to Patna. I promised them a feast of puri and jalebi too, at my friend’s home. I put them on a police bus which carried them to Buxar jail. But as the bus neared Buxar jail, all the 17 activists fled. It is true that I had ensnared them with false promises, but the manner in which they had run away on seeing the jail says enough about their commitment to JP’s cause.
The news that the movement ‘activists’ had fled in a cowardly manner reached Patna. Acharya Ram Murti, a veteran freedom fighter and associate of JP, summoned me and expressed concern at the attitude of the 17 activists and suggested that I meet JP. I was nervous.
I faced JP with an innocent expression and said, ‘Babuji! The 17 student activists did not actually flee. They had somehow learned that you had fled from Hazaribagh jail in 1942 and successfully carried out an underground movement against British rule. They tried to emulate you.’
JP just smiled. Perhaps he had seen through my act. Thus, I defended the ABVP activists despite their treachery. But that did not stop them from seeking to backstab me every time they got an opportunity.
The RSS-BJP was full of vengeance against me when I was a 22 or 23-year-old student leader. They are full of the same against me when I am in my 70s.
Lalu Prasad Yadav is a former chief minister of Bihar and a former Union minister.
Nalin Verma is a senior journalist and co-wrote Lalu’s biography, Gopalganj to Raisina: My Political Journey.
In an interview with Karan Thapar, the historian says history will not be kind to India’s current prime minister.
On August 10, 2022, historian Romila Thapar was interviewed by Karan Thapar for The Wire. In the 42-minute chat, Thapar said that Modi’s India does not represent the fulfilment of the dreams and expectations she had in 1947 when she was a 15-year-old who was terribly excited by independence.
Speaking as a historian about how history is likely to remember Narendra Modi, she made it clear that it is unlikely to be kind to him. He may be a colossus but history finds that all colossi have cracked feet.
This is the transcript of the interview. It has been edited lightly for syntax and clarity.
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Romila, in 1947, you were just 15. What did independence mean for you? What were your dreams and expectations?
I regarded myself and my generation as having grown up on what I always refer to as the cusp of independence, so there were immense expectations. The expectations were largely of the imminence of something exciting that was going to change our society and make us into a new people from what we had been as colonised subjects. So there was tremendous excitement; excitement of a kind that drew in contemporary events and one’s thoughts about them.
It was my last year in school. But we were a bunch of people, as many many people of my age, who the moment the school was over and homework was done, and fortunately those days one wouldn’t have too much homework, we would rush to Gandhi’s prayer meetings. Every time he came out of jail, he held a prayer meeting, and we would rush there and listen and chat amongst ourselves about “did we really understand what he was saying?”, “what was he saying?”, “what was it like?”, and so on.
And then there was this big event in school, when I was told on August 15 we are going to celebrate the independence of India. And so there would be a meeting of the entire school with parents, well-wishers, friends, everybody, a huge gathering. And the prefects of which I happened to be one would plant a sapling, bring down the Union Jack and put up the Indian flag, and that was a tremendously emotional moment for all of us, the change of flags. And then I was told I was to make a speech. I was terrified. What was I going to say? All of these people there whom I didn’t know, and I ran around in circles for two weeks asking everybody “what shall I say?”, “what shall I say?”.
And then one of my teachers, who happened to be the history teacher, said to me: “Look, you are discussing all of these issues amongst yourselves. Doesn’t matter whether they are sensible. Just get up and say this is what we have been talking about.”
So I sat down and wrote my little speech and it began with the usual clichéd quotation from Wordsworth, “Bliss was it in that dawn to be alive but to be young was very heaven”, and we were all very conscious of the fact that we were young, and we were the inheritors of something that was going to be new and thrilling, and was going to change our lives.
So a new world was opening for the young Romila!
Yes, a new world was opening, and one had immense expectations. The one word that kind of sums it up is “what were the slogans we were shouting?” and now when I think of it, it’s ironic, “Inquilab Zindabad!”, “Azadi!”. “Azadi” was the commonest slogan that everybody was shouting. There was nothing anti-national about it!
But at 15, those slogans had a particularly deep meaning for you?
Oh yes! It had the meaning of not just freedom for the country and independence.
But freedom for me!
Freedom for me to do what I want to do.
So it was a coming of age.
It was a coming of age.
Seventy-five years ago, in contrast to your sense of coming of age, many in the world thought India wouldn’t survive as a united country. And the truth is, we had challenges of caste, creed, ethnicity, region, language and cuisine. What were the strengths and what were the qualities that India found in itself that defied the doubters? Why did we survive united for 75 years?
Well, I would think of three things. One is, we were a very mixed bunch of people. In school, for example, I was trying to remember the other day the names of all my close friends, people who I have moved around with everywhere. So there was Leela Bhandari, a good Khatri Punjabi, Prabha Moite, a good Maharashtrian woman, Zia Sayed, the daughter of a tradesman from the city, Katie Shroff, the daughter of a Parsi entrepreneur, Margaret Kurpale, who’s an Anglo-Indian, whose father was predictably in the railway service, and Gillian Coreman, who’s the daughter of a British officer, working in the civil service. In fact, Gillian was the first person who taught me all about jazz. This was a completely mixed-up bunch of people. We were in and out of each others’ houses, we were talking to each other as if we all knew each other, not just superficially.
Was this the strength of India? That different people could mingle together and be friends?
Absolutely! They were my closest friends and I kept up a correspondence with at least three of them, until a couple of years ago.
So India’s diversity wasn’t its weakness, it was its strength.
It was its strength. And I think that, you know, we misunderstood a lot of the Indian tradition back then, by making it single, monopolistic, and so on. It’s that spread, it’s that plurality which is really very effective and I know it’s a cliché to say we had plurality. But we must define it in terms of the plurality of living together and the consciousness.
And this is what the world didn’t understand. When they predicted India would fall apart, they didn’t realise that actually plurality, diversity, heterogeneity, were India’s strengths, not its fracture points.
Yeah, because there is always a place for something. I mean religion wasn’t monolithic. It was a whole series of sects that were attributed to various religious movements.
And they all could live happily together?
And they could live happily together, or they could live unhappily, but it would be at the level of the sect. There was no such thing as an all-India religious organisation.
Which is why it didn’t threaten the unity of the country. Today, it’s become fashionable to decry and denigrate Nehruvian India, but almost 90% of the people who do it have no idea what Nehruvian India was like, and yet, those were your formative years.
Absolutely.
How do you remember Nehruvian India?
Well first of all, the feeling that one could do things if one tried. So we were all in a sense, I hate to use that word, ‘pioneers’. I remember when I finished my PhD in London and I was coming back to India, somebody said to me, “I suppose you now chase after a job in Delhi University.” And I said, “No, I’d like to go to a new university.” “Why a new university?” I said, “Try out new ideas, try out new ways of writing history.”
So the first quality of Nehruvian India was that it was a pioneer age?
It was a pioneer age, and one saw in it everything he did. For one thing of course, he was a very dignified politician. We’ve never had a prime minister that was so dignified.
Did you admire him?
I guess so. I’m not given to admiring people.
For the young 15-year-old Romila?
He was certainly an icon. There’s no question.
And he had a particular style about him, with a rosebud in his lapel.
Yeah, that, and more than that you know he was a man of dignity and he was somebody who was for me, very attractive. He was well-read, and it was reflected in his readings. And he had written up his reflections. Now, this really put him apart from the run-of-the-mill. And sometimes I joke about it and say, politicians do very well when they are put in jail for long periods because they can read and write and talk to others.
Jawaharlal Nehru addresses the midnight session of the Constituent Assembly of India in New Delhi on August 15, 1947. Photo: Wikimedia commons
He had spent 10 years in jail under the British.
Exactly. And this was a great sort of outcome.
So Nehru was someone young Romila Thapar in her late teens and early 20s looked up to and admired?
Yeah. Let me give you a little anecdote about that. I never really met him, in the same way my meeting with Gandhi was momentary. He spoke one sentence and I said, “Yes of course, Gandhi.” My life didn’t change but still, I met him briefly somewhere, there was a students’ organisation in Delhi that hosted the reception and a whole lot of us, 28 of us or so, were introduced to him and we said “Namaste” and that was it. Then someone said to me, when my book on Ashoka came out, someone said to me, “He’s very interested in that subject of history. Why don’t you send him a copy?” and I said, “I don’t like sending copies of my books to politicians. I mean, they won’t read them.” And they said, “No no, you know, he’s different.”
So after much persuasion, I sent him a copy of the book with a little note saying, “I know you won’t have time to read it but in case you are interested…” The next week, I got a letter back from him, saying, “Thank you for sending the book. I’m very interested in this subject and I see that you have also done a translation of the Edicts and so on. I hope I will in the near future have time to read it, and if so I will send you my comments. Yours sincerely, Jawaharlal Nehru.”
And I thought to myself which prime minister would have the courtesy to write back to a young student, a young teacher, starting off in her profession, and say thank you for sending me your book?
Let’s at this point come to politicians because India as you know is a very political country. The discourse in our country is dominated by politics. So let me start by asking you how much does India today, the sort of country that we’ve become, owe to its first prime minister? How much does the fact that we have survived and succeeded as a democracy owe to Jawaharlal Nehru?
I would say that the foundations that he laid have kept us going. Not the superstructure, but the foundations. What do I mean by that? He was concerned with the definition of nationalism, which everybody has, it is secular and democratic, and there is a certain nationalist position. It’s secular because he was the one person who insisted that religion mustn’t come in the way of politics. The two have to be, and quite sensibly so, religion is a great thing. It’s a matter of faith, belief, it’s a matter of one’s psychological instincts. It shouldn’t come into politics. At all. He was firm on that. So much so that when the Somnath Temple was being rebuilt, and everyone was rushing around to do a pooja and whatever was required, Rajendra Prasad was asked as President of India to come and do the inaugural pooja.
And Nehru objected.
Nehru objected, Prasad still went, and Nehru’s comment was that “Sometimes I think I am the only secular person in this country.”
So would you go so far to say that the fact that we were for 40-50 years a secular country, that we were democratic and tolerant of dissent, that we had a free press, all of that, in a sense, is owed to Jawaharlal Nehru?
Yes. I mean even democracy, for example, there was this huge debate, I remember, on adult franchise, where people said you cannot have adult franchise because you can’t have people who are not educated or have people who are not sufficiently qualified. And he said nothing doing. A citizen is a citizen. And what did it do? It opened up the vote, particularly, to women and to Dalits, the Avarna category, those outside the caste system.
Nehru was one critical phase in our 75 years. Another was the Emergency of Indira Gandhi from 75-77. As you view it, was it an aberration or was it given India’s inherent contradictions, inevitable?
Actually, I would say neither of those, because what triggered off the Emergency – apart from whatever inclinations Mrs Gandhi and Sanjay may have had – what triggered it off was a judgment. And I don’t think people give enough attention to how crucial that judgment was.
To her career?
To her career and to democracy in the country.
So the judgment that threatened her career was the reason why India’s democracy was derailed for two years?
Well, I wouldn’t say it was the reason, but it had a lot to do with why democracy was derailed by the Emergency.
One woman under threat of her career decided that the way to repair the damage to herself was at the cost of India’s democracy.
That’s putting it in a very extreme way, but roughly yes. I think there is an element of that, there is a strong element of that which has not been given enough attention.
Was India embarrassed by the Emergency? You were, by then I suspect in your 40’s. Were we an embarrassed country? Did we feel embarrassed?
We were embarrassed, yes, again if I may be permitted an anecdote. We were embarrassed because, for example, within days of the Emergency, the British newspaper The Guardian had a full-page advertisement saying the Emergency was completely undemocratic and unrequired, signed by British intellectuals. And the Government of India wished to reply. There was that concern; what is the world thinking of us? So they drafted a reply, and I remember a serial copy of the draft, and there was no way I was going to sign it. And that led to further troubles in my life, but nevertheless.
We did at least in those days care about what the world thought about us.
Very much so.
India’s image and people appreciating what we were doing was important to us.
Yeah, it was important.
The third phase in our 75 years is I suppose the rise of Narendra Modi and his rise of Hindutva and Hindu nationalism. Do you view it as a decisive break with the preceding 67 years, or do you see it as a realisation of India’s inner identity?
You know, one has to then define India’s inner identity and far be it for me to attempt a definition of that it’s much too complicated, but to go back to nationalism, what did nationalism mean to us soon after independence to us? It meant secularism, democracy, and the concept of a nation-state. Secularism meant that religion was not to interfere in politics. The coexistence of religions, yes, but there was to be an equality of religions and religion was not supposed to interfere in politics. It has done so. Democracy meant adult franchise and the voice of every citizen to be represented.
And I presume the tolerance of dissent and difference.
Yeah.
The right to disagree?
The right to disagree. All right. Certainly, the right to disagree and the right to express that disagreement. Elections are seeming to give way to defections. That’s not democracy. You’re voted into one party, you stand for one lot of beliefs, and then you move across to another party that doesn’t endorse those beliefs.
It sounds as if you are suggesting that India under Modi’s Hindutva and Hindu nationalism is a reversal of the ideals and cherished traditions of the preceding 67 years.
Well, it’s certainly a reversal of the values and ideals that the Indian national movement for independence stood for.
So this is not a continuation, it’s a break.
It’s not a continuation, I see it as a break. And also, let’s not forget, that the big change, here I am speaking as a historian but nonetheless, the big change with the coming of independence, was yes independence, but it was a change from being a subject people. You were subject to the Raja, who called you his Praja, his infants; you were subject to the colonial crown, the British Crown; but you were the citizens of Free India.
Now, what did this change mean? It is a huge change, which I don’t think we fully understood. Citizenship is a free person. Is a person who has rights, and the rights of what? The rights of a citizen are to water, food, shelter, to education, to health, to employment, to social justice and social equality.
Independence and the constitution gave us all that. Let’s then in that context talk about what the last 75 years have meant for the people of India. To begin with, let me raise you this controversial concept of a ruling class because India clearly has one. I’m talking of leading politicians, top industrialists, stars of Bollywood, captains of the cricket team, academics, authors, whatever. Do these people, in your eyes, the ruling class, constitute the best of India, indeed, are they even representative of India as a whole? Or is it a class that is separate from, on top of but not connected to the rest of the country?
You see, the ruling class, the qualifier, the ruling class, automatically makes it into a small segment of the population, because the entire population doesn’t rule. It rules through representatives. So the question really is to what extent are these people representing the population?
What is your answer?
My answer is that they are creating a kind of society in which they and their likes, and I include myself in that because I am very much a member of the middle class which is what we are talking about in effect, we are talking about members of the middle class, believe they are working for the good of the country and believe they are working for the welfare of the country.
But are they actually working for their own interests?
They’re more largely working for their own interests because the kind of welfare that one expected in 1947 as a 15-year-old hasn’t happened. And what do I mean by that? Let me just conclude this. Two things that have really bugged us badly right through history: caste and poverty. We have not, leave alone eradicated, even marginally affected the functioning of caste as a body of power, political power, economic power, and so on. We may be trying to do that., but there is no way.
Are we trying to do it? I know we have an Adivasi president at the moment, and we are proud of that fact. I know we have had Dalit presidents, but the truth is, and you know this better than me, that India’s Scheduled Castes and Scheduled Tribes are amongst the most deprived in our country. Have we done enough to wipe away their tears, as Gandhi would have wanted us to do?
No, I think we haven’t at all and remember that people like a tribal president or a Dalit president, these are tokens. With the best will in the world, you can say that these are tokens of intention, but they are not actually registering change.
A sand sculpture of Droupadi Murmu, India’s first Adivasi president, made by artist Ajay Rawat, in Pushkar, July 22, 2022. Photo: PTI
So tokenism is what we have gone for rather than substantial…
Rather than the actual, because the actuality in this case, if we are going to be talking about the change in the lives of tribals and of Dalits, and so on, the actuality would be precisely bringing in laws, bringing in structures, where there is no caste and where poverty is annulled.
And that we haven’t done, at least not sufficiently.
No.
You also mention poverty. It is often said that India is a fantastic country for the rich, the powerful, the influential, and people with contacts. But India is also a democracy or meant to be one. What sort of country is India for the poor, for people without influence, for people without contacts? In other words, what sort of country is India for the majority of the country?
For the majority, I would imagine a very difficult country. There is no guarantee from the state of fulfilling the rights of a citizen. What I just mentioned. Is there a guarantee of food and drinkable water?
Technically there is a guarantee of food.
Technically, but actually. Food, water, shelter; absolutely no guarantee for large numbers of people. And what happened, for example, with the migrations during COVID. That’s not a demonstration of advanced citizenship.
So whatever the rhetoric of governments, and I’m saying that in the plural, the ordinary poor Indian citizen is left on his or her own to fend with the trials of life.
Absolutely! To fend with the trials of life. To try not to give in, because you are born you have to live, you have to live your span, you have to do something to keep going.
So India is not a country for poor people?
No. Certainly not.
The poor are forgotten.
The poor are forgotten, or they are sidelined, or they are not taken seriously enough.
When talking in the context of the ruling class, it’s often said that the ruling class of today is very different to the ruling class of the 50s and 60s, because today’s ruling class is more representative of the people, it’s more rooted in the soil in the country. Would you agree with that?
But today’s ruling class is not making the fundamental changes that would be required. You see the problem for me, the way I see it is if we take these two parameters of caste and poverty, in order to decrease their ill-effects, leave alone annul them, you have to make very major changes in the social and economic functioning of your society.
Just like the ruling class of the 50s and 60s didn’t, nor is the ruling class of 2020.
I mean when you say take away their tears that Gandhi talked of, what are we doing with our tribals? We’re making them face a nightmare of corporates coming in and mining the very land that they are cultivating. They’re insecure because they’re holding on to the land that they are cultivating…
But you’re saying something deeper that the ruling class is letting the country down.
To that extent, yes. I mean the ruling class should have a plan of advancing the economy to the degree that poverty is reduced.
That vision is missing?
That vision is missing, because that vision requires a very fundamental change of Indian society.
Let me at this point raise with you something that has happened increasingly in the last six, eight, ten years. It’s the way history is written, interpreted, and understood in our country, and you are, as I said in my introduction, possibly the foremost historian in our country. Increasingly, the period from 1200 to 1800 is viewed in terms of religion, and interpreted in terms of a Hindu-Muslim divide. No doubt that accords with the ideology of the ruling establishment of the day, but as a historian, who sees the writing and interpretation of history being almost turned on its head, how do you respond to this?
Now that question will set me off. So you have to give me a full five minutes, don’t worry if I carry on. It begins with colonials coming to India saying “where is your history?”, and not finding the equivalent of the Greek historians and the Chinese historians, and saying “we have to write the history of this country”. So they set out to write the history of this country. They write about many things which have come up to the surface, which we’re contesting.
One, James Mill, for example, writes about there were two nations in India, the Hindu nation and the Muslim nation. And he uses the word ‘nation’, and they are constantly in conflict. James Mill 1870, The History of British India. That statement is repeated again and again and again by colonial writers. Historians, writers, everybody. It’s picked up by the Indian middle class and becomes part of the fundamentals of the history of the second millennium AD. Now the crisis comes when 50 or so years ago, historians started saying “are you sure this makes sense in historical terms?”
In other words, was Mill right or wrong?
Was Mill right or wrong? Then you start analysing the history of that one millennium, and find that Mill was hopelessly wrong. This is not what was there.
But by then, we had accepted the Mill interpretation.
We have accepted the Mill interpretation, and what we are now arguing is that first, there is no such thing as a Hindu nation and a Muslim nation, because nationhood comes in a post-colonial phase. It doesn’t go back to the past. There are no nations that belonged to the earlier centuries.
Secondly, where’s the evidence for talking about a Hindu nation and a Muslim nation? There’s nothing. If you say that the Muslims, as is said by Hindutva today, the Muslims victimised the Hindus, and therefore, we have had 1,000 years of slavery, and you know, many dramatic statements of that kind are made, when you look at the texts and the sources, you find that there are all kinds of mixtures going on. Artisans and craftsmen repairing the Qutub Minar in Delhi have little inscriptions saying, “I, Bhondu, Dhodu, Hundu, Handu”, all of these pet names that people had, are masons who repaired this destruction over here, and we are very grateful to our God Vishwakarma for helping us. Inside the Qutub Minar.
In other words, Muslims and Hindus worked side-by-side on the same project.
They worked side-by-side. Or you had traders. I mean the whole of the west coast of India, which has Khojas, Bohras, Mappilas, Nawayas, and so on. These are Arab traders who married locally and became communities of mixed religion.
Another example of this is the fact that Akbar had Hindu generals, and Prithviraj Chauhan had Muslim generals.
Yeah.
Akbar’s court. Photo: Wikimedia Commons
And they fought against each other, but it wasn’t Hindu versus Muslim.
And only last night, I was reading an interesting book on the history of the horse in India, in which it was said that the Mughals and the Rajputs – high-caste Rajputs – had 27 marriages that took place in the families of both.
So what Hindutva is doing today, and has been doing for the last six, eight years, is to read back Mill’s interpretation of Indian history, which was untrue in 1870 when he wrote it, but then are reading it back six centuries to reinterpret the past.
I mean what is really happening, to put it in a nutshell, is the revival of the colonial history of India, by pretending that this is the indigenous history.
And that’s not true?
And that’s not true. And this is our problem today, that the professional historian who says “but look at the evidence” is dismissed because the evidence for them doesn’t exist. It’s just what you make-believe of the past that holds.
In other words, an ideological predilection that suits a particular group is being read into history, and as a result, history is being misinterpreted, because the misinterpretation suits a political body.
You see, let me just be a little pedantic over here. The good historian today has to be aware of a huge number of sources. Texts are not the only sources, there is archaeology, there is even genetics, that is coming into the writing of history all over the world. Environmental factors, all over this. So, the sources have gotten very much wider. The interpretations, therefore, have become much more exploratory. Was it really this that explains the change or was it also that? And the two may be rather different, but somehow are connected. And the historian is looking for these connections.
Then you come to the methods, which have changed completely. History is not a narrative of the past. History is an attempt to understand and explain what happened in the past, so as to understand the present better. So, you go for evidence, and it has to be reliable. You can’t say “such and such a God came and then this happened” or “such and such a Rishi had supernatural powers and this happened”. You have to have reliable evidence, and when you talk about A and B being connected, you have to be logical in making that connection.
So you are saying that the writing of history is increasingly becoming, as you said exploratory, which makes it more fluid. You’re taking more factors and sources into account, which also means that certainty of an opinion, particularly of the Mill’s variety is Hindu versus Muslim, is not possible any longer.
The certainty of an opinion is not possible. You have to say that you know all of us as historians, start off with the premise that this is my understanding, my generalisation. But, something may come along and it will change it all together.
So, is the rewriting of history we are seeing over the last six, eight years, simply a rewriting, or is it actually a distortion done with political motivation in mind?
Well, some of us think it is a distortion done with political motivation in mind.
Do you think it is a distortion?
I think it is a distortion, and I’ve been heavily heavily attacked in the worst, in the most disgusting of ways, because I am a woman and you know, women are easy targets, especially for sexist attacks. And I’ve been heavily attacked, but I still maintain that the history that is being propagated as “Hindutva history” is not history.
Representational image of Hindutva groups. Photo: Reuters.
In other words, what we are seeing in 2022, 2021, 2020, 75 years of independence, is actually an undoing of history and the truth.
Yeah.
As far as history is concerned, we’re not advancing, we’re regressing.
Let me qualify that and say that it’s a strong attempt to undo history because fortunately, so far, we do have some excellent young historians who are not buying this.
But there is an attempt being made not to further the understanding of history, but to regress it.
Yes. To formulate it into terms they think is the correct formulation. History is becoming a catechism. You’re given a question and you are given an answer. You stick with that question and you stick with that answer, don’t ask another question and don’t look for another answer.
This is the stultification also of young minds.
Which is why one is so worried about the New Education Policy.
Well, coming to the end of this interview, let me raise with you, directly, the figure that, like Colossus, stands above all of us, our prime minister. Clearly, Modi has had an impact on India that very few of his predecessors did, with the exception of perhaps Jawaharlal Nehru. He’s been prime minister for eight years, he’s got two years more, arguably he could have five more after that. As a historian, is there any way we could get some sense of how history will remember him?
Well, yes I mean history of course, or historians of the future, will explore a lot of things. And they’ll dig up a lot of things, which are today being quietly pushed aside. So, the image that will emerge will be, if they are good historians, the image that will emerge will be a rather different image I suspect. Not completely, but there will be nuances that will not be the same.
Historians look at past figures at two levels. One is the human being; “what kind of human being was this ruler?” I mean we do that with all our kings and queens and this, that and the other. And there, the human qualities come in, and whereas with someone like Nehru, you can see the human qualities, because they are palpable, they’re apparent.
With Modi?
They seem to be hidden.
Deliberately?
I don’t know.
Or are they missing?
Well, maybe, maybe he doesn’t wish to publicise them.
So you’re suggesting – if I can interpret what you said – that the man who is viewed as a Colossus today, might be seen by future historians as a Colossus with cracked feet.
Look, everybody has got cracks, there’s nobody who is a Colossus without cracks.
But today those cracks in Modi aren’t visible. They’ll be written about in the future.
They’ll be written about in the future and let’s not forget that when we talk about somebody, a politician or some public figure being a Colossus, this is an imagination of publicity. People aren’t colossi no matter what position.
They’re just projected as that.
They’re projected as that. And I think that…
Which suggests the colossi of their own making.
Maybe, of their own liking of their own making, how they project themselves or like to see themselves projected. How others project them.
History will see through all of that.
History will see through all of that and the sense that history doesn’t believe in the domination of colossi. It believes in the working of men and women.
Again you’re suggesting that history won’t be kind to Modi.
Well, history is never kind to any Colossus.
Prime Minister Narendra Modi speaks during the opening ceremony of the 44th Chess Olympiad in Chennai, Thursday, July 28. Photo: PTI
Well coming to the end let me ask you a personal question. You have the good fortune of not just living through the 75 years, but being old enough to observe it, understand it, feel it, respond to it, and react to it. Today, in 2022, do you like the sort of country? Do you personally like the sort of country Modi is making India?
Look, I like the country because I have had ample opportunities to pick up and leave. No dearth of good jobs elsewhere.
But I’m asking you…
Why have I stayed? I have stayed because for me it’s very important, when I go through a security check at the airport, and the guy who is doing the checking looks at my passport and identity and says, “Toh accha aap wohi hai?”, and I say “Kya matlab?”, and he says “Jo itihas likhti hai?”. And then I say to him, “Have you read anything?”, and then he says, “Yes, I have read this or I read that. I liked it very much.” “Why did you like it? and, “It has a feel of reality to it, which other books on history I have read…”. That is a tremendous bonding. That is a tremendous sense of being responsible for what you are doing to a public that is more than just XY and Z.
And, this is a perfect explanation for why Romila Thapar loves her country, but I’m asking a different question.
I know
Do you like the country Modi is making India?
No, I don’t. I don’t.
You don’t like Modi’s India.
No, I think it’s too narrow, it’s too limited, it’s too one-sided. It hasn’t got the richness. It hasn’t got the anticipation of possibilities of what could happen. It hasn’t got that fantasy of the kinds of human beings we could make of ourselves.
Modi’s India is not the dream of India you had when you were 15?
No, it is not.
It’s the antithesis of it?
Hm?
It’s the antithesis of it?
Yeah.
Finally, when you look at people, when you look at institutions, that haven’t stood up and defended the ideals of our constitution adequately, or sometimes you could say, at all, that haven’t done their bit to fulfil the dreams and expectations 15-year-old Romila had in 47. Of all those institutions, which do you blame the most? Parliament, the Election Commission, the judiciary, the media, or does it go deeper than that? Is it the Indian middle class that is increasingly enamoured of Modi, Hindutva and the vision he has of India? Which of these?
Well, I think it goes deeper and I think it’s the Indian middle class because if it wasn’t the Indian middle class, you wouldn’t have the weaknesses that have come into these three legs that the constitution speaks of. But when I say the middle class, I include myself in it. I mean I’m not staying out and saying “they”. All of us. And I think the basic factor has been that we, or maybe my generation, took it for granted that whatever we were aspiring to in the national movement, will eventually come about. And we didn’t push hard enough.
Didn’t work enough?
We didn’t work enough to ensure that those basics of secularism, democracy, nationalism of a nationalist kind, that these should be constantly there and should not be tampered with.
So the Indian middle class is guilty of taking things for granted and not doing enough to ensure they happen?
Yes, I would say that.
Is there a sense in which the Indian middle class has let us down?
I think so, I think the Indian middle class has not been sufficiently loyal to the ideas of the New India that the Indian National Movement held out.
India is back not only to the era of the Vajpayee-Advani ‘jugalbandi’ but to the relentless authoritarianism of the Indira-Sanjay days.
It has become customary for the Indian political class to “observe” June 25, the day the Emergency was formally proclaimed by the Indira Gandhi-Sanjay Gandhi regime in 1975. Bogus and meaningless noises in defence of “democracy” are made by insincere politicians who hoard authoritarian instincts in their closets. This year, the ritual was performed with perfect Kafkaesque absurdity: the prime minister censoriously recalled the “emergency” while his policemen were on the loose arresting activists and journalists.
The formal “Emergency” was an exercise in “legalistic” authoritarianism but it was made possible and preceded by an internal political working style within the Congress. That very phenomenon is now rampant in today’s Bharatiya Janata Party.
Indeed, the recrudesce of this internal authoritarianism within the BJP was anticipated exactly 20 years ago by the veteran Hindi journalist Ram Bahadur Rai in a column he wrote in Jansatta. A bit of context and a spot of introduction are needed. Known among his friends as “Rai Saheb,” Ram Bahadur Rai was once a prominent Akhil Bharatiya Vidhyarti Parishad activist who came of age in the JP movement. Since then, he has remained located within the ambit of the “Sangh parivar” and its ideological pretensions – without allowing himself to be bound by its much-touted “anushashan” or discipline.
As a journalist, Rai Saheb was rarely tempted to become a cheer-leader; consequently, his journalism was both informed and detached, and therefore influential within the larger Sangh parivar. And, while this intellectual autonomy made Ram Bahadur Rai an odd man out in the Sangh fraternity, it also earned him grudging respect from those very men who were accustomed to commanding – and securing – obedience. In 2016, he was appointed president of the Indira Gandhi National Centre for the Arts.
In 2019, a collection of his select columns was published, under the title, “Niti aur Rajniti.” This collection includes a remarkable piece, dated June 29, 2002, entitled: ‘Jai-Jaykara ke jamavade se ‘nindak’ ko door rakhein’ (‘Exclude the critic from this gathering of sycophants’).
The context of this piece was the air of intrigue and conspiracy at the highest level of the BJP, when the Vajpayee and the Advani camps joined hands to suborn Jana Krishnamurthi’s presidency of the BJP because they believed he was more willing to act on the advice of Murli Manohar Joshi rather their dictates. The duo saw to it that the BJP had a pliable president: Venkaiah Naidu. This was an unadulterated power play, a crucial redefining moment in an otherwise disciplined political party. Contextualising the sordid drama, Ram Bahadur Rai ended up de-coding the BJP’s new organisational style:
From top to bottom, no leader need develop a backbone or have a spine.
No leader is entitled to use his/her independent thought process.
“We two and only two of us” have to be followed fully and thoroughly.
Wait for a direction from the top, otherwise do not act. No initiative allowed.
Do not make the mistake of judging politics by standards of national interest, ideology or global context. Politics is to be used for personal political career advancement.
If you want to further your political career, learn every day new techniques and lessons in sycophancy.
Disabuse your mind of the notion that the BJP is a party committed to the idea of collective leadership.
The new preferred mantra mandates that the party has to applaud each and every decision taken by its government; and, even if the decisions are unpopular, do not let the people’s anger and resentment bother your public postures.
Fast forward 20 years and it is clear the impulses highlighted in this indictment have acquired an altogether ominous momentum. The BJP, under the dual control of another Prime Minister and another Home Minister, stands transformed into a subservient instrument of rampant megalomania. The party has been recast into a passionate and animated sycophantic army; ministers and party officials are available on tap to sing praises, heap encomiums, rewrite history or revile the opposition in order to exalt the Supreme Leader. This total subordination of party and government to the whims and fancies of the leader cannot augur well for the BJP and its spiritual patrons in Nagpur. Even the RSS and other Sangh parivar affiliates find themselves too compromised and too inadequate to slow down the inexorable personality cult. Unhappy consequences, intended and unintended, are already upon us, disrupting our social harmony and poisoning our polity.
India is back not only to the era of the Vajpayee-Advani jugalbandi but to the relentless authoritarianism of the Indira-Sanjay days.
The only difference is that instead of the heavy-handedness and clumsiness of a Vidya Charan Shukla, today there is finesse and sophistication in the practices of everyday authoritarianism. The Indian state seems to be at its very best when innovating new ways of intimidation and coercion. No citizen or institution is beyond the thanedar’s reach.
Ram Bahadur Rai’s bill of indictment 20 years ago ended with the invocation of Kabir’s timeless advice to rulers for all ages in his famous couplet, “nindak niyare rakhiye”: keep a critic at hand because without water and soap he can help the ‘king’ cleanse his act. Kabir was obviously cautioning the king against the dangers of sycophantic durbaris and advising the ruler to appreciate the very indispensability of dissent to what in modern parlance is called ‘good governance.’
“Nindak’ has become a vanishing breed in Naya Bharat. The ruling clique’s hired drum-beaters are kicking up such a din that not only the ‘nindak’s voice gets drowned but any dissent now virtually stands criminalised. No ‘nindak’ is needed . What is worse, the rulers of new India seem to care a fig for Kabir. We are already blessed with new vishavgurus.
“Indira Gandhi’s place has been taken by Narendra Modi,” he wrote in Shiv Sena’s newspaper Saamana.
Mumbai: Terming the 1975 Emergency an outdated issue which needs to be permanently “buried”, Shiv Sena leader Sanjay Raut targeted the Centre saying that the prevailing situation in the country is such that one can say the Emergency period was better.
In his weekly column Rokhthok published in the party mouthpiece Saamana, Raut, who is the executive editor of the daily, questioned Congress leader Rahul Gandhi’s move of expressing regret over the Emergency imposed by his grandmother and former Prime Minister Indira Gandhi.
“People of India punished Indira Gandhi for her decision to impose Emergency. They taught her a lesson but later forgave her by bringing her back to power. Emergency is an outdated issue. Why rake it up again and again? … The issued should be permanently buried,” he said.
Raut described Rahul Gandhi as a straightforward and simple person, who casually spoke about the past incident. “His comments triggered a debate on the issue once again. The 1975 Emergency was imposed under unprecedented circumstances. The present generation in politics and media have no inkling about the past and were not at all affected.
“The prevailing situation in the country is such that one can say that the 1975 Emergency was better,” he said.
Raut said the recent Income Tax department raids on filmmaker Anurag Kashyap and actor Taapsee Pannu came when they spoke against the government’s policies.
He added that the Washington Post (an American newspaper) has raised question marks over the “undeclared Emergency” under the Modi government as it talked about the arrest of climate activist Disha Ravi on sedition charges.
“Political control over media houses, political strategies to win elections and break the opposition, defying constitutional norms – all these things are just the same even now as what happened in 1975. Indira Gandhi’s place has been taken by Narendra Modi,” he wrote.
The Sena MP added that Indira Gandhi had expressed regret over the excesses committed during that period and promised that there will be no Emergency in the future. “She was firm that the step had to be taken against the prevailing backdrop where provocation was done in an attempt to create anarchy. She was of the view that Emergency was imposed because democracy was derailed,” Raut said.
The Supreme Court is examining a plea seeking the 1975 Emergency to be declared unconstitutional. It will also investigate if such declarations can be made decades after the event.
New Delhi: The Supreme Court on Monday sought a response from the Centre on a plea filed by a 94-year-old woman seeking to declare the proclamation of Emergency in 1975 as wholly unconstitutional.
While agreeing to hear the plea, a bench headed by Justice S.K. Kaul said the apex court would also examine whether it is “feasible or desirable” for it to examine the validity of proclamation of Emergency after a lapse of 45 years.
“We are having difficulty. Emergency is something which should not have happened,” the top court observed while hearing the plea.
Senior advocate Harish Salve, appearing for petitioner Veera Sarin, said that Emergency was a fraud and it was the greatest assault on the Constitution as rights were suspended for months.
The Emergency was proclaimed minutes before the midnight of June 25, 1975 by then Prime Minister Indira Gandhi. The proclamation was revoked in March 1977.
Here’s an account of the rivalry between Y.V. Chandrachud and P.N. Bhagwati, and how they went on to become chief justices of the apex court.
“They were put to a test and found wanting.”
– Times of India, January 7, 1978.
The test was one of judicial spine which “they” failed to demonstrate in the Habeas Corpus case heard in the dark night of Indira’s Emergency. The news report summed up the national mood and the sentiment of the Bar. The two justices referred to were life-long rivals as destiny had pitted each against the other. Yet destiny again, by twist of irony, had placed both on the same side of ignominy.
Bhai Morarji sat at his table and took a deep breath. His advisors were clear. Both had discredited themselves and were unfit to sit on the High Chair as the pater familias of India’s judicial family. Morarji had played deputy to someone younger, greater pedigree and yet someone, he always thought was less accomplished than he. Yet Desai sworn an oath at Raj Ghat administered by JP that his government would not repeat Indira’s mistakes.
His decision would leave its indelible mark on India’s judicial history. It could also cut short a decades-long rivalry in a manner neither of the protagonists had ever imagined.
His father may not have been a sitting judge of the high court, but Yeshwant Chandrachud was born into no less an illustrious legal family. Vishnu was one of the first LLM graduates from Bombay University. The family was well off, as, in addition to earnings from the law, there were always the earnings from the family jagirs.
In November 1943, at age 23, he enrolled himself as an advocate of the Bombay high court. After a brief stint in Pune, he was drawn to the big city where he spent the next three decades.
In the high court, the young lawyer must have appeared in the court of justice N.H. Bhagwati. Bhagwati would one day go on to sit in India’s highest court. Like in India from the days of Mahabharata, N.H. Bhagwati had a weak spot. His son. Bhagwati Junior was a young, upcoming lawyer, and Bhagwati Senior was determined to charter great heights for him.
Was it then an unconscious act on his part to be unpleasant to all young lawyers who could be viewed as a threat to his son? None felt it more that this young lawyer from Pune – Yeshwant Vishnu Chandrachud. Young, intelligent and accomplished and only a few years elder, he was indeed “the” rival for the Bhagwatis to look out for, when, on October 8, 1946, the justice’s son was enrolled as a high court advocate.
In fact, Chandrachud’s own grandson, Abhinav Chandrachud, in his book Supreme Whispers gave a riveting account of this great rivalry between these distinguished jurists. He claimed that Bhagwati Senior was transferred out of the coveted original side to the appellate side of the court as advocate general H.M. Seervai complained against him to Chief Justice M.C. Chagla.
Bombay high court. Photo: A. Savin/Wikimedia Commons
This is the story of that rivalry.
The race to chief justiceship
Unlike the Chandrachuds, the Bhagwatis were “a family of modest means but grand ambitions.” However, unlike young Chandrachud, who was a law abiding and conformist, Prafullachandra Natwarlal Bhagwati was deeply influenced by the Indian independence struggle, which had reached a critical point, and the Quit India Movement had its epicenter at an open ground just a few kilometers from the Bombay high court, where both our protagonists would go on to practice.
Bhagwati was caught distributing the banned Congress Patrika and had to suffer a month’s incarceration. On release, he again devoted himself to the underground activities of the Congress Socialist Party.
In December 1952, Chandrachud began to represent the Bombay government in the high court as an additional assistant government pleader. Four years later, in May 1956, he was promoted as assistant government pleader. In another two years, by June 1958, he was a government pleader. It was during this time that he appeared for the state in the infamous Nanavati Case.
In 1960 the Bombay state had been split on linguistic lines and Bhagwati, a Gujarati, had been invited to be a foundational member of the new high court. Bhagwati, like many Gujarati-speaking Bombay residents, was more attached to the city than to the new state carved out for Gujarati speakers.
The Gujarat Chief Justice designate, S.T. Desai, got father Bhagwati, who was his close friend, to nudge him and, at 38, on July 21, 1960, he became a judge of the newly minted Gujarat high court!
While Bhagwati’s judicial career got cracking, Chandrachud met with a roadblock. Chief Justice B.P. Sinha in a speech at the Bombay bar had expressed an opinion that no lawyer should be elevated unless he was between the ages of 45 and 55 years. Abhinav Chandrachud claimed that Bombay high court Chief Justice Hashmatrai Khubchand Chainani took this as a formal mandate and refused to forward Chandrachud’s name.
It was then left to Gajendragadkar, a fellow Maharashtrian and a sitting Supreme Court justice, who viewed himself as young Chandrachud’s mentor, to clear the roadblocks. It is not without reason that, years later, in the middle of the Kesavananda Bharati hearings, when law minister H.R. Gokhale was trying to reach out to Chandrachud, who was a member of the bench, to get him on the government’s side, the services of Gajendragadkar were requisitioned!
At the age of 40, as American scholar Gadbois said, “young especially by Bombay standards”, Chandrachud became an additional judge of the Bombay high court on March 19, 1961.
Bhagwati beat Chandrachud in the race to be a high court chief justice as well! On September, 16, 1967, at only 45, Bhagwati was already chief justice. In fact, while Bhagwati would serve for six years as chief, Chandrachud would not have served even a day as one.
The Gujarat high court. Photo: Wikimedia Commons
Conflicts within the ranks
While certain Gujarati justices in the top court had a soft spot for Bhagwati, the mighty Gajendragadkar looked out for the Maharashtrian, after all, the families had known each other for years and Chandrachud’s uncle used to send work to Gajendragadkar, the lawyer. Chandrachud was twice-blessed. The Maharashtrian law minister Gokhale, a key member of Indira Gandhi’s kitchen cabinet, was also rooting for him.
Abhinav Chandrachud wrote that justice J.C. Shah – not a personal favourite of Indira Gandhi, whose succession as Chief Justice of India, madam had tried her best to thwart but failed when Hidayatullah threatened her with resignation and embarrassment at the international jurists’ conference that was to take place in Delhi – recommended to the then Chief Justice S.M. Sikri Bhagwati’s name for elevation to the Supreme Court.
This was, however, vetoed by Shah’s colleague in the bench, justice Shelat, who had also served as Gujarat high court chief justice, as he carried an impression that Bhagwati was “interested in pleasing the government”.
Shelat seemed to recall a speech made by Bhagwati at a public function in Ahmedabad in 1970 or 1971, in the presence of law minister Gokhale – that all judges should be committed to the Congress. This had embarrassed even Gokhale who had to stand up and clarify that this was not what the government had in mind when it called for a “committed judiciary”.
Shelat withdrew the nomination so that his protégé’s future chances would not be hurt. Bhagwati, years later, in conversation with Gadbois, had speculated that Shelat’s hostility towards him could be traced back to his family having spurned the marriage proposal of Shelat’s daughter with his brother. Bhagwati claimed that Shelat never liked him since.
Abhinav Chandrachud claimed that justice Sikri had indicated that the relative ages of the two protagonists had been factored in while deciding who would be brought up first. Shelat’s animosity towards Bhagwati also weighed against him. Justice Hegde, who thought Bhagwati was more qualified, tried his best to counter Shelat and prevail upon Sikri. Having failed, he assured Bhagwati that his would be the next appointment.
After Chandrachud was elevated to the top court, justice Jaganmohan Reddy, in his autobiography, wrote, “There was a grouse entertained by a Chief Justice of a High Court who, though junior, thought he should have been considered by reason of the office held by him. His attempts did not succeed.”
Inside the Supreme Court. Photo: Pinakpani/CC BY-SA 4.0
Legal history
After more than eleven years on the Bombay bench, when he was the third seniormost judge at 52, Chandrachud became the juniormost judge of the Supreme Court. Like the legendary Bombay high court Chief Justice M.C. Chagla, Chandrachud also had some reservations about giving up the high court. His two senior judge colleagues were about to retire soon, and he could look forward to serving as a chief justice of that premier high court for a decade.
Like many judges, Chandrachud may have done the math and sacrificed the crown of Bombay for the top seat in Delhi, which would be his for five and a half years after the retirement of A.K. Mukherjea in January 1980. Of course, what he did not know then was that Mukherjea would die in harness, leading to Mirza Hameedullah Beg getting to be Chief, only to retire early in 1978, giving him an even longer tenure. Of course, he almost did not even become chief justice of India, but we are getting ahead of ourselves.
Bhagwati finally caught up on July 17, 1973, after having served six years as chief justice. Even then he was only 51 when sworn into the Supreme Court.
When Beg was to demit office, the Janata Party government – many of whose ministers were détenues during Indira’s Emergency, and whose pleas had been tossed out on the strength of concurring opinions of Chandrachud and Bhagwati – was in a dilemma. It was committed to not repeating Indira’s errors in dealing with the judiciary.
Yet it could not also ignore the growing clamour of legal luminaries, retired judges, journalists and intellectuals that the tainted duo be bypassed for high judicial office as “they were both ‘committed judges’, whose SCI appointments at a relatively young age were the work of law minister H.R. Gokhale ‘with an eye to guaranteeing the succession of committed judges’ to the chief justiceship. They argued that ‘to restore the convention of seniority now would be to perpetuate a hierarchy built upon commitment.”
The legendary M.C. Chagla issued a statement that although he had known and “admired” Chandrachud for “decades”, his opinion in the ADM Jabalpur case was a “grave misdeed” of such a magnitude that he was undeserving of being CJI. Recalling the iconic tribute to justice Khanna – the dissenting judge in that case – in the New York Times, Chagla warned that if indeed Chandrachud was made CJI, “we would be making ourselves the laughing stock of the whole judicial world”.
Morarji curtly responded, “It is not the lawyers who will be making the appointment.” While he did not commit himself to the seniority principle, his law minister Shanti Bhushan indicated that the government would consult all Supreme and high court judges. There were rumours that Nani Palkhivala had been approached to take oath as the first direct Chief Justice of India but he settled for an ambassadorship instead.
In February 1978, barely three days before Beg would demit office on 22nd February, papers reported that Morarji had ultimately followed the seniority rule! A couple of days later, Prime Minister Desai explained that of all the justices consulted, only two high court chief justices were of the opinion that Chandrachud should be made to pay for his conduct during the Emergency.
When asked to respond to Chagla’s appeal, Morarji struck a note of reconciliation saying, “(The Emergency) was a time when everyone functioned in a state of fear and that cannot be forgotten.”
Indira Gandhi. Credit: Public.Resource.Org/Flickr CC BY 2.0
Morarji Desai. Photo: Wikimedia Commons
The executive-judicial conflict
On February 22, 1978, when President Neelam Sanjiva Reddy swore in Chandrachud at the Rashtrapati Bhavan as the Chief Justice of India, with bhai Morarji Desai sitting in the audience, Chandrachud was 58
During Chandrachud’s marathon tenure as Chief, with Bhagwati waiting in the wings, Gadbois reported that Bhagwati “had different views about who should be appointed and made these views known to the law ministers”. It seemed often Chandrachud, on judicial appointments, would consult none of his colleagues and simply forward names. No wonder Gadbois concluded, “During his tenure, he had to battle on two fronts – with the executive and with some of his colleagues”.
In fact, Abhinav Chandrachud wrote, “Bhagwati made Chandrachud’s tenure as chief justice somewhat difficult”, hinting that he vetoed two candidates Chandrachud had proposed – V.S. Deshpande and Chandurkar. Behind his back, claimed the grandson, the grandfather was betrayed when Bhagwati reached out to the prime minister and the president to blackball these names.
While the two protagonists tried to convey a picture of bonhomie, their rivalry was the court’s worst kept secret. In S.P. Gupta’s case (known as the First Judges Case), while Bhagwati, as the presiding judge hearing that case, compelled Chandrachud, as the chief justice, to file an affidavit, which raised many eyebrows, in his written opinion as a peace offering Bhagwati, cited an article written by Chandrachud’s son Dhananjay Chandrachud, who would himself one day go on to sit in the same court.
This, the father found, was “generous on his part”. He chose to ignore the fact that his affidavit filed as a sitting chief justice had been dismissed by his J1 in his judgement as “delightfully vague”! This sleight is also noticed by Fali Nariman.
Chandrachud, post retirement, sought to explain that, “(t)he general impression that all is not well between us arose because of observations made by him in his two judgements which, with respect, were somewhat harsh”. He was referring to the First Judges Case and Minerva Mills.
In the Minerva Mills case, Bhagwati had opined that Chandrachud had not given sufficient opportunity for the judges to deliberate. Coomi Kapoor claimed that Bhagwati’s charge of breach of the principle of “collectivism” by which all judges come to a decision, stood refuted by justices N.L. Untwala and P.S. Kailasam, who were on the Minerva Mills bench, in the form of a written note to Chandrachud. In fact, Rajeev Dhavan claimed that Chandrachud faced criticism for giving a free rein to Bhagwati in PIL matters.
Upendra Baxi minced no words when he described the period as a “seven-year war”. He said, “Several articles were written in the press by supporters of both groups of justices.”
Abhinav Chandrachud wrote, “Bhagwati himself considered Chandrachud to be a good judge but a weak leader”. As a contemporary journalist, Coomi Kapoor noted that the “clash of ideologies and differences on the bench have spilled over into the open”.
She made a note of the subtle manner in which Bhagwati sought to communicate this in a speech when he described his critics as “ostrich-like” and “trained in old British tradition of adversarial justice…their minds are fossilized and intellect suffering from jurisprudential pubescence”.
On July 12, 1985, Chandrachud finally retired to make way for Bhagwati to take over. A small section of the bar boycotted his farewell for his role in the habeas corpus case and for backing an alleged corrupt contractor of the court canteen!
Bhagwati, who also spent 12 years in the apex court, finally emerged from the shadows! Unlike the cliff-hanger for Chandrachud, Rajiv Gandhi’s Congress government announced well in advance on May 10, 1985, that Bhagwati would be the next chief.
In an interview to Shekhar Gupta, on demitting his office, Chandrachud said, “The threat from within (the judiciary) is the result of materialistic ambitions and lack of contentment.”
Questioned about two judges calling out Bhagwati for his Minerva Mills remarks, he admitted the same and explained that his “constant endeavor has been to hold the court together, even at the cost of personal embarrassment. The institution has to be greater than the individuals who man it.”
When prodded, he was more specific, “There have been no notable differences between me and my successor… No two individuals are alike and the approach of the judges at the level of the Supreme Court is bound to differ from person to person. There is not a single incident outside the court which can be pointed out as reflecting personal animosity between me and justice Bhagwati.”
Significantly, when asked whether he was consulted on his successor, he said, “My unquestioned choice was Justice Bhagwati.”
The other protagonist could not be left behind. As a sitting Chief Justice, Bhagwati also decided to give an interview to Sumit Mitra. This time, when he was asked about not being consulted by Chandrachud in the Minerva Mills case, he said, “I do not wish to enter into any controversy.”
He denied that the Supreme Court was divided. “Today the entire team is with me.” He summed up his career with the words, “Controversy has always chased me and I have faced it squarely.”
Gadbois wrote how Chandrachud, a “man of the middle”, had to struggle to balance the “personalities to his left and right”. He concluded, “It could not have been much fun being CJI during those years.” For Bhagwati, he wrote, “No one waited in the wings for the chief justiceship longer than Bhagwati. Throughout the entire Chandrachud regime, he was the seniormost associate judge”.
V.D. Tulzapurkar, a common colleague of the protagonists on the bench, in a speech at a law college in Pune in 1982, a few years after Bhagwati’s controversial congratulatory missive to Gandhi’s electoral success against the Janata Party, summed up the tension on the bench best when he said that the threat to the judiciary came not from without but from within.
He wondered if a judge could maintain his appearance of impartiality “if he sends fawning and flattering congratulations to political leaders or if he goes to the airport or railway station with a garland or bouquet to see off the prime minister or other ministers”. It is not without reason that professor Upendra Baxi described Tulzapurkar as the “chief public flagellator of the Supreme Court”.
Noted constitutional jurist A.G. Noorani observed of the times: “In the past there might have been some words between a few judges. Justices Meher Chand Mahajan and Kania were hardly on the best of terms, but the present Supreme Court justices are wrangling like cats. There has never been such degree of pettiness and malice.”
The court survived this conflict. The shame of surrender that haunted the court led it to atone in the years to come and emerge as a true champion of the people. There came a time, when the citizen, whose faith had been eroded from all the edifices of governance, turned to that court where our two protagonists sat for redemption. The court always survives. It has to.
All through the dark times of 1976, legal professionals continued to stay invested in the fight against authoritarianism.
“If India ever finds its way back to the freedom and democracy that were proud hallmarks of its first eighteen years as an independent nation, someone will surely erect a monument to Justice H R Khanna of the Supreme Court. It was Justice Khanna who spoke out fearlessly and eloquently for freedom this week in dissenting from the Court’s decision upholding the right of Prime Minister Indira Gandhi’s Government to imprison political opponents at will and without court hearings… The submission of an independent judiciary to absolutist government is virtually the last step in the destruction of a democratic society; and the Indian Supreme Court’s decision appears close to utter surrender”
This iconic tribute by a journal several seas away marked H.R. Khanna’s transition from mortality to judicial immortality.
While Justice Khanna, who penned the dissent at the cost of the Chief Justiceship of India, cannot be grudged his canonisation, it must not be forgotten that the case which gave him the opportunity to demonstrate his judicial spine – ADM Jabalpur v Shiv Kant Shukla, 1976 AIR 1207 – arose out of orders passed by liberty minded justices of nine high courts who held that Indira Gandhi’s constitutional coup could not come in their way of defending the inalienable basic rights of the citizens.
Rajinder Sachar, himself a judicial victim of the Emergency, maintains that if the Supreme Court had supported these brave high court justices, Indira’s Emergency itself would have collapsed.
“As for the judiciary, I must say that the High Courts have come out with flying colours in the present crisis. But the record of the Supreme Court is unfortunately very disappointing, mainly because Mrs. Gandhi has packed it with pliant and submissive judges except for a few.”
The darkness of Indira’s Emergency is also a story of the courage of many members of India’s Bar and the Bench. This is their story.
In fact, the executive had anticipated that the high courts might show some spine. Granville Austin notes that a powerful individual in the Prime Minister’s house “apparently had it “in for” the high courts from the beginning”. He refers to an order issued on 25.06.1975 “to lock up the high courts”.
Om Mehta, the then Minister of State for Home, reported this audacious move to the Indira’s kitchen cabinet member Bengal chief minister Siddhartha Shankar Ray, who, as a senior advocate himself, knew how outrageous such an order sounded. Deft manoeuvres on his part, not without Sanjay Gandhi’s outburst at it, ensured this was timely aborted!
Express journalist Kuldip Nayar was arrested under the Maintenance of Internal Security Act and his wife Bharati Nayar challenged the detention before the Delhi high court. The formidable V.M. Tarkunde, former Bombay high court judge and widely respected for his commitment to human rights, presented Nayar’s case before Justices S. Rangarajan and R.N. Aggarwal. The state simply refused to disclose to the court the material on the basis of which the detention order had been passed. The court responded by quashing the detention holding that the right to a writ of habeas corpus had not been suspended.
Justice Hans Raj Khanna. Photo: GoI
The Bar was as vocal. Taraporewala recalls that the Emergency was met with lawyer’s strikes in several parts of the country. On the day of declaration of Emergency, the legendary Nani Palkhiwala, who, until a few days ago, was Indira’s own lawyer pleading before the vacation judge Krishna Iyer, to stay Justice Sinha’s order disqualifying her from electoral office for six years, led a delegation of lawyers to the chambers of Bombay high court Chief Justice Kantavala. His bench partner, Justice Tulzapurkar was also present.
Nani informed the judges that all lawyers in Bombay had decided to go on strike in protest. The Chief’s sympathy was obvious from the fact that, while he emphatically stated that judges could not go on strike, in the same breath he assured that as litigants should not suffer, no adverse orders would be passed by courts.
On 12.10.75, under the banner of “Citizens for Democracy”, an All India Civil Liberties Conference was held in Ahmedabad presided over by Justice J.C. Shah, a retired Chief Justice of India. One factor behind choosing this venue was that Gujarat was then an Opposition Ruled state. Yet even in Congress states, Ananth V. Krishna observes, for some reason, though a number of former judges and lawyers protested, they were not arrested. The Ahmedabad meeting passed several significant resolutions seeking immediate restoration of the liberties of the citizens. The legendary M.C. Chagla was also a delegate.
The fire spread to neighbouring Bombay at the initiative of N.P. Nathwani, a retired justice of the Bombay high court. The “Committee of Lawyers for Civil Liberties” formed by him was to hold a meeting on 18.10.75, at the Jinnah Hall to discuss “Civil Liberties and the Rule of Law under the Constitution”. The Bombay police declined permission and, for good measure, invoked the Defence of India Rules to ban any such lawyers’ meetings anywhere during the duration of the Emergency.
Nathwani, an office bearer of this Committee, challenged this ban before the bench of Chief Justice R.M. Kantawala and Justice VD Tulzapurkar. The charge of the petitioners was led by none other than Mr Nani Palkivala with 157 lawyers supporting him. The Bar had risen in one voice. The court quashed the ban saying that, even when Emergency was imposed, it was lawful to meet and assert a view that its imposition was unlawful, unjust and illegal.
Justice Tulzapurkar was savage when he pointed out that:
“A family unit of five consisting of husband, wife and three children cannot sit together for a dinner at a table without obtaining the prior permission of the Police Commissioner and a Muslim cannot socially meet his four wives at one place and time without obtaining the prior permission of the Police Commissioner.”
The Supreme Court promptly stayed the order in appeal. For good measure, the court even stayed the “judgement” in addition to its operative part.
When the famous Jinnah Hall meeting finally took place with former chief justice Chagla and former Supreme Court Justice J.C. Shah in attendance, many lawyers actually chickened out. One senior told Soli Sorabjee and Taraporevala, “Goodbye. I do not want to be jailed with you both.” There was panic and a feeling was created that even attending a protest meeting could get one into trouble.
The retaliation was swift. The targets were those judges who had been responsible for the release of political opponents. Justice Lalit of the Bombay high court and Justice R.N. Aggarwal of the Delhi high court were additional judges. In the tooth of all convention, their appointments were not confirmed. Graville Austin claims that even Indira’s law minister Gokhale as well as the respective high courts had favourably recommended the confirmation of these two judges.
It came out in the report of the Shah Commission, set up by the Janata Party to inquire into Emergency excesses, that Indira had rejected her own law minister’s note of recommendation with the handwritten noting “I do not approve”. In fact, the Shah Commission concluded that this non-confirmation was an “abuse of authority and a misuse of power.” Justice Aggarwal’s misfortune was that he was on the bench that had decided in favour of Kuldip Nayar. In an unprecedented move, he was demoted to the Sessions Court. The senior member of the bench, Justice Rangarajan was transferred to Guwahati.
Sixteen judges who had issued habeas corpus writs or had not fallen into line were transferred to different high courts. This included the members of the Division Bench (D.M. Chandrashekar and M Sadananda Swamy) which had quashed the detention orders of A.B. Vajpayee and L.K. Advani. Justice Chandrashekhar was transferred to Allahabad and Justice Swamy to Gauhati. Justice A.P. Sen (One of the judges in Shiv Kant Shukla vs ADM Jabalpur) was transferred to the Rajasthan high court as acting Chief Justice.
Austin has written about how the list of judicial transfers were “discussed in the Home and Law Ministries and sent to Chief Justice Ray who had to ‘sign the transfers or resign’”. Austin also notes that “Senior officials in the Law Ministry did not favour the transfers, but there was no higher level dissent because the issue had already been decided.”
In fact, a list of fifty-six to seventy judges, apart from the sixteen transfers, was also leaked to the press to keep the potential trouble makers on their toes. This had its desired effect and in the words of M.C. Chagla, “Judges hesitate where they used to be fearless.”
Post Emergency, on April 5, 1977, law minister, Shanti Bhushan, apprised the Lok Sabha that during the emergency as many as 21 judges were transferred from one court to another, without their consent. The courageous ones were:
Chief Justices:
S Obul Reddy: Andhra to Gujarat
B J Divan: Gujarat to Andhra
P Govindan Nair: Kerala to Madras
Other Judges:
D S Tewatia: Punjab & Haryana (P&H) to Karnataka
O Chinappa Reddy: Andhra to P&H
C. Kondiah: Andhra to Madhya Pradesh
D M Chandra Shekhar: Karnataka to Allahabad
J R Vimadalal: Bombay to Andhra Pradesh
S H Sheth: Gujarat to Andhra Pradesh
Sadanand Swamy: Karnataka to Gauhati
S Rangarajan: Delhi to Gauhati
C Lodha: Rajasthan to Madhya Pradesh
A P Sen: Madhya Pradesh to Rajasthan
T U Mehta: Gujarat to Himachal
D B Lal: Himachal to Karnataka
A D Koshal: P&H to Madras
M Baha-ud-ddin Farooqi: Jammu & Kashmir to Allahabad
Rajinder Sachar: Sikkim to Rajasthan
Transferred as Chief Justices:
S N Shankar: Delhi to Orissa
M R A Ansari: Delhi to J&K
Manmohan Singh Gujral: P&H to Sikkim
The late Ashok Desai recalled that the news of transfer to Calcutta high court of Justice Mukhi of the Bombay high court who was keeping indifferent health, impacted him so much that he passed away in September 1976 though by that time the transfer had been revoked.
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One person stood out was Justice Sankal Chand Seth, a transferred judge, who challenged the constitutional validity of his transfer before the high court of Gujarat.
The full bench of the Gujarat high court unanimously struck down the transfer order. In the Supreme Court, the appeal was heard by a constitution bench of Chandrachud, Bhagwati, Krishna Iyer, Untwalia and Fazal Ali, JJ. During the pendency of the appeal, the central government decided to withdraw the transfer order. The court still went ahead and pronounced on the law. The majority (Chandrachud, Krishna Iyer and Fazal Ali, JJ.) held that independence of the judiciary was not imperilled if consent of the transferee judge is not obtained. The minority view (P. N. Bhagwati, Untwalia, JJ.) was to the contrary.
Noted lawyers P.N. Lekhi and Rama Jois (subsequently a judge) were arrested and imprisoned. In March 1976, about 200 lawyers’ chambers in the Tis Hazari Court Complex were demolished and 43 lawyers jailed. This provoked the Supreme Court Bar Association to summon its Emergent General Body Meeting on 30.03.76 to strongly condemn executive highhandedness against the bar.
The chairman of the Bar Council of India in those days used to speak against the government and his explosive speech to the Palghat Lawyer’s Conference in Kerala ensured a MISA Arrest warrant bearing Ram Jethmalani’s name. Bombay Lawyers had filed a petition against Jethmalani’s detention order drafted by Soli Sorabjee along with Ram’s son Mahesh. Nani Palkhivala had obtained interim relief. However, the ADM Jabalpur’s ruling of the Supreme Court, which came while the petition was pending, ensured minimal chances of success. Ram had no option but, on Nani’s advice, to flee India the day after Justice Khanna read out his dissent.
All through the dark times of 1976, the legal profession continued to stay invested in the fight against authoritarianism. Towards this end, the lawyers roped in academicians, journalists and other public-spirited persons. Ashok Desai asserts that many lawyers refused to accept government briefs in solidarity with those protesting against its draconian action. Coomi Kapoor states that all bar associations of India, with the exception of the Calcutta Bar, had issued statements condemning the Emergency.
On June 14, 1977, William Borders reported for the New York Times that “two young lawyers, wearing the black robes and starchy white dickies customary in Indian court rooms” were sitting in a Bombay Law Library and sipping tea. One of them observed, “The Rule of Law has swept back like fresh air. The awful politicization of our cherished judiciary has been reversed, thank God.”
I am waiting to sip that cup of tea. Every generation deserves such a moment of serendipity.
The various illegal and legal but illegitimate means used by the Indira Gandhi government in 1975-76 could still be used to suppress the rights of the media today.
It’s been 45 years since the nation was led into darkness – the emergency was proclaimed on June 25, 1975 – which makes this an occasion to recall the events of that time.
Events in history ought to be recalled not merely to lament over memories, particularly those that are unsettling, but as lessons to learn from. And among the lessons from the emergency, the most appropriate today is that of the press – what happened to this instrument for democracy. It is appropriate to recall some of the legal (but illegitimate) measures as much as the illegal ways that the emergency regime used to emaciate this important instrument of democracy in the short history of our republic.
The legal (but illegitimate) measures then were by way of legislation duly passed in parliament. These happened only in February 1976, more than six months after the proclamation of emergency. A set of three laws were passed on February 11, 1976. These were: The Prevention of Publication of Objectionable Matter Act, 1976; the Parliamentary Proceedings (Protection of Publication) Repeal Act, 1976; and the Press Council (Repeal) Act, 1976.
These legislations had only replaced ordinances to this effect promulgated on December 8, 1975, and in that sense were ‘legal,’ though illegitimate. In other words, these laws denying the press of the freedom guaranteed by the constitution were made following the procedure established by law, notwithstanding the fact that their consequences militated against the due process of law.
All these laws were rendered redundant just after a year and few months of their existence by the Janata party regime. The Prevention of Publication of Objectionable Matter Act, 1976, was repealed by parliament on April 18, 1977. Parliament also repealed the Parliamentary Proceedings (Protection of Publication) Repeal Act, 1976, and restored the Act of 1956 (also known The Feroze Gandhi Act), that guaranteed the right of the press to report all that was said on the floor of the house without fear of charges of defamation, on the same day. The Press Council, which had come into existence in 1965 with a life of 10 years via a law enacted by parliament and had been allowed to lapse in on December 31, 1975, was revived by the Janata party government on September 7, 1978. All these legislations to restore rights to the press were set in motion by the then minister for information and broadcasting, L.K. Advani.
However the attack on press freedom by measures that a section of the higher judiciary declared illegal was more debilitating. In other words, the emergency regime’s moves and measures from the evening on June 25, 1977, when it was declared, until the set of ordinances promulgated on December 8, 1975, and turned into Acts on February 11, 1976, warrant recall today, 45 years after it happened, because it has lessons for the press to learn from.
Cutting off the light of freedom
The earliest of the illegal acts was resorted to by the emergency regime a couple of hours before the then president of India, Fakhrudin Ali Ahmed, signed the proclamation after 10:30 pm on June 25, 1975. This act was recorded by the Justice Shah Commission of Inquiry as follows:
“The Government disconnected electricity to the newspaper offices on the night of June 25, 1975, when Emergency was imposed. Shri B.N. Mehrotra, who was the then General Manager of Delhi Electric Supply Undertaking was given oral orders on the night of June 25, 1975, by the Lt. Governor of Delhi, Shri Krishan Chand, that electric supply to the newspaper offices in the city should be disconnected… According to Shri Kishan Chand, the then Lt. Governor of Delhi, the instructions for disconnecting power supply came during one of a series of meetings at the Prime Minister’s House on June 25, 1975, but he was unable to recollect as to who gave the specific orders.”
Thus the regime could prevent the printing of the June 26 edition of many of the Delhi-based newspapers which would have contained the news of the emergency and the arrest of almost all the leaders of political parties who had held a rally on the evening of June 25 at the Ram Lila maidan and resolved to protest against the then prime minister, Indira Gandhi, whose election to the Lok Sabha in 1971 had been declared void.
Front page of Indian Herald announcing the imposition of the Emergency on June 26, 1975.
As B.G. Verghese, then editor of the Hindustan Times, put it, ‘idiocy often triumphs’ and so it did that evening. The Hindustan Times and The Statesman did not suffer the power outage that evening and Verghese managed to re-open the front page of the Hindustan Times well past 2:30 am and print a special supplement of the June 26 issue. The editorial column of the day’s newspaper was left blank.
His efforts did not yield much. Only a few hundred copies were printed ‘before the rotary ground to a halt.’ The regime had swung into action and ensured that the newspaper’s proprietor – K.K. Birla – achieved whatever they had failed to accomplish by leaving the New Delhi Municipal Corporation area out of the power outage order the previous night! Verghese ended up losing his job and Birla appointed Khushwant Singh, whose admiration for Sanjay Gandhi was unqualified, as editor of the newspaper in September 1975.
The brazen act of a power outage to prevent newspapers being printed was perhaps to buy time. The regime began working in real earnest to devise ‘legal’ means to constrain the press and this was taken up at the highest levels. The decision to impose pre-censorship on the press was taken in principle, based on a recommendation to that effect by the Ministry of Home Affairs, at the cabinet meeting at 8:30 pm on June 26, 1975.
The search for a law to do this was not too difficult. The Defence of India Rules, 1971, drawn out of the Defence of India Act, 1971, passed in the wake of India’s war against Pakistan in December that year and the external emergency promulgated then, was invoked. In a couple of days, it was dressed up adequately to become the Defence of Internal Security of India Rules (DISIR) promulgated by an ordinance on June 30, 1975.
The Hindu’s front page on the declaration of emergency. Photo: polemicsnpedantics.com
The censor’s red pen
Censorship guidelines, first issued on June 26, were amended many times. The last of them were issued on August 12, 1975. All of them had been drawn out of the DISIR. These were declared illegal by the Bombay high court, first by a single judge, R.P. Bhatt, on November 25, 1975, then upheld with little modification by a division bench of Justices D.P. Madon and M.H. Kania on February 10, 1976.
The litigant, in this case, was acerbic leader Minoo R. Masani in his capacity as editor of Freedom First, a magazine from Bombay (Binod Rao versus Minocher Rustom Masani, [1976] 78 BOMLR 125). The law as held by the Bombay high court in this case was also relied upon by the Gujarat high court in April 1976 to declare illegal the seizure of copies of Bhoomiputra and the forfeit of the printing press where its October 26, 1975, issue (reporting a fiery speech by Justice M.C. Chagla against the emergency) was printed.
The point to stress here, when we recall the experience of the emergency 45 years after the event, is that the illegality of the pre-censorship rules were challenged by only two publications, Freedom First and Bhoomiputra, both of which can be classified as non-mainstream publications. Those established mainstream newspapers that had established themselves by then as business models and whose proprietors had found advertisements as a source to make up for a drop in revenue from the cover price ended up submitting to the guidelines; some did that while murmuring against them (Indian Express and The Statesman) while the rest made hay crawling before the regime. As for the censorship that went on, the Shah Commission held:
“The capriciousness of the Censor authorities and their arbitrariness has been commented upon by a number of Editors. Shri Cho Ramaswamy, Editor, ‘Tughlak’, gave a number of examples of how jokes, cartoons and satirical articles in his magazine were all subjected to censorship without their being even remotely concerned with the Defence of Internal Security of India Rules and Statutory Orders made thereunder. Thus even birthday greetings to Shri Morarji Desai on the latter’s birthday which was sought to be published in the ‘Tughlak’ was completely censored. Even quotations made by Smt. Indira Gandhi were taken objection to by the Censor. Shri Ramaswamy disclosed how he was asked to submit articles and sometimes whole issues of his magazine for pre-censorship because the issue of ‘Tughlak’ dated July 15, 1976 carried (i) editorial excerpts from Nehru (ii) letters from readers (iii) quotations from speeches of Indira Gandhi (iv) quotations from Hitler (v) quotations from Mussolini (vi) passages from stage play ‘Tughlak’, all of which were held objectionable by the Censors.” (Emphasis added)
Censorship was not the only means adopted by the emergency regime and the more effective curb on press freedom was by resort to yet another brazen means: to starve of advertisements those newspapers that refused to fall in line.
Indira Gandhi. Photo: PTI
A decision to review its advertisement policy was taken at a high-level meeting held in the room of Indira Gandhi on July 26, 1975, which was also attended by V.C. Shukla, then minister for information and broadcasting (since he replaced I.K. Gujral on June 26).
Shukla, at a coordination committee meeting held on June 29, 1975, had asked the principal information officer (PIO) to prepare a list of newspapers which were to be categorised as friendly, neutral and hostile. A.R. Baji, then the PIO, made a list where “the categorisation originally was done on the basis of the news and comments appearing in newspapers prior to the declaration of emergency and soon after it.” The draft list was further fine tuned with the direct involvement of Shukla. The process of fine tuning, according to Baji, involved “a narrower study” into “the views reflected in the editorial columns of newspapers between June 12 and June 26, 1975.”
The chart said everything:
A (Friendly)
B (Hostile)
C (Neutral)
A ‘+’ (Positively friendly)
B ‘+’ (Continuously Hostile)
C ‘+’ (Shift from neutral position towards positive side)
A ‘-’ (Friendly but with some reservations)
B ‘-’ (Less Hostile than Before)
C ‘-’ (Shift from Neutral position towards hostile attitude)
The Indian Express was placed in the ‘continuously hostile’ category while The Statesman was placed under the ‘B’ category, otherwise hostile. Meanwhile, the Times of India, Hindustan Times (and its Hindi newspaper, Hindustan), Amrita Bazar Patrika and The Hindu were all placed under the A plus category, meaning positively friendly. The classification was not merely an innocent act but meant to prop up the financial condition of those newspapers considered friendly and deny the same to those who were declared ‘hostile.’
In the Shah Commission’s words:
“The Government during this period utilised its advertising policy as a source of financial assistance or denial of financial assistance in newspapers, etc., in complete variance with the policy which it had enunciated on the Floor of the Parliament. Newspapers and journals which were critical of the Government’s policies were denied advertisements whereas others like Amrita Bazar Patrika and National Herald which were regarded as being supporters of Government policies were given advertisements beyond their legitimate due.”
Government advertisements are an important component of newspaper revenue. When the Press Commission examined newspaper revenues in 1954, government advertisements accounted for a mere 7% of the total revenue earned by all the newspapers. But the proportion of newspaper revenue from government advertisements tends to vary according to the state of the economy at the moment.
People watch PM Narendra Modi addressing the nation amid concerns about the spread of coronavirus disease, March 19, 2020. Photo: REUTERS/Amit Dave
In the economic boom of the 1990s, government advertisements were outpaced by advertisements from the private sector. As the economy has slowed in recent years and newspapers and media outfits have taken desperate measures to cut costs by closing down operations and sending journalists and non-journalists home, the need for revenue from government advertising has grown again.
Now that the media is forced to depend on the government as a source of advertisement revenue, it is appropriate to recall the brazen means that the emergency regime adopted to get the newspapers to fall in line. With revenues falling, the newspapers at the time were vulnerable and turned malleable and ductile before the whims of the emergency regime.
Schooling the media
If one of the tasks of history is to learn from the experience of another time, it follows that historical events must be viewed with the concerns of the present (as Beniditto Croce said, ‘All history is contemporary history’ and R.G. Collingwood elaborates on this in propounding the idea of history). It makes sense for us in the times we live in to examine the turn that the media has taken, led by a section of media proprietors since the 1990s, which made the media as much a business proposition as the manufacture of commodities like soap and shampoo. This change in focus must be revisited and critiqued. The press and the media ought to be seen as an instrument of democracy. Allowing the institution to turn into an industry, as the experience of the press during the emergency teaches us, is fraught with the danger of weakening democracy as much as it causes its own destruction.
It was thus that the press was rendered un-free during the emergency, by resort to legal but illegitimate and brazenly illegal acts by the government. Those proprietors who decided to not fall in line (by itself an act of resistance) paid a price, witnessing their business model being wrecked. The darkness, however, did not last long. It ended with the Congress party being voted out of power in March 1977. The Janata government, without losing time, repealed all the laws that the emergency regime enacted in February 1976.
But the fact remains that the media remains vulnerable to such pressures as those exerted during the emergency, as much today as then. An important lesson that the emergency teaches, 45 years after the event, is that the media ought to remain an institution; an instrument of democracy. Not an enterprise or a big business opportunity.
V. Krishna Ananth is a professor of history at Sikkim University and the author of India Since Independence: Making Sense of Indian Politics. This essay is based on research for an upcoming book on media and the right to freedom.
Under the scheme, people who spent three months in jail under MISA during the Emergency were being given Rs 10,000 per month.
Raipur: The Congress government in Chhattisgarh has scrapped the pension scheme launched by the earlier BJP administration for those detained under the Maintenance of Internal Security Act (MISA) during the Emergency, drawing criticism from the main opposition party.
According to a gazette notification issued by the General Administration Department on Thursday, Loknayak Jaiprakash Narayan (MISA/Defence of India Rules (DIR) detainees) Samman Nidhi Rule, 2008, has been repealed.
The scheme was meant for people jailed under these provisions, including MISA, during the Emergency (which was in force from June 25, 1975, to March 31, 1977), an official here said.
Under the scheme, people who spent three months in jail under MISA during the Emergency were being given Rs 10,000 per month. Those imprisoned for six months were getting Rs 15,000 per month and those jailed for over six months Rs 25,000, officials said.
Notably, the state government, in January last year, had suspended the scheme from February 2019 stating it will be continued after physical verification of the beneficiaries and reassessment of the disbursement process.
Hailing the decision, state Congress spokesperson Vikas Tiwari said the scheme was meant to keep BJP-RSS leaders happy and now the money being paid to its beneficiaries will be spent on employment schemes for youths.
Tiwari was the one who had urged Chief Minister Bhupesh Baghel to scrap the scheme after the Congress came to power in the state in December 2018.
The then Raman Singh government (in 2008) had launched the scheme to keep the BJP and the RSS happy in the name of giving honour to MISA detainees.
“Now the huge amount of funds being spent on this scheme will be utilised for employment schemes for youths,” he said.
Senior BJP MLA and Leader of Opposition Dharamlal Kaushik dubbed the Congress government’s move as anti-people and murder of democracy, and demanded restoration of the pension scheme.
The ruling Congress has been taking anti-people decisions one after another which is highly condemnable, Kaushik said.
At present, there are around 300 people who were getting pension under the scheme in the state, he said.
The scheme was launched by the BJP for those who fought for fundamental rights crushed by the Congress government at the Centre during the Emergency, Kaushik added.
This “inappropriate” move is also a violation of a recent Chhattisgarh high court order directing release of pension for MISA detainees, BJP MLA said.
During the Emergency imposed by the then Prime Minister Indira Gandhi, thousands of people were detained across the country under MISA, which gave sweeping powers to law enforcement agencies.
On his birth anniversary comes the sobering realisation that if Narayan were to come alive today, he would be vilified as an ‘anti-national’ and ‘patriotic nationalists’ would be baying for his blood.
Freedom was at the forefront of Mahatma Gandhi’s ideas. For him, hate and fear were the worst enemies of freedom. But today’s ruling establishment is governing the country through hatred and fear. Where then is the freedom for which Gandhiji lived, fought and died for?
Jayaprakash Narayan (JP), whose 117th birth anniversary falls on October 11, was among the twelve apostles of the Mahatma and had been a front-soldier during the Indian freedom struggle. In this fight, JP imbibed a combination of ahimsa and aggression.
One sparkling instance shows JP’s mettle: On the Diwali night of November 8, 1942, JP escaped from the high-security Hazaribagh Jail and a massive manhunt was launched by the British regime to capture him ‘dead or live’. This episode inflamed the fading ‘Quit India Movement’, launched on August 8 that year by Gandhiji, and eventually lead to the collapse of the colonial empire and India’s freedom.
A.P. Sinha, a co-prisoner and friend, whom JP tried to persuade to also escape, had this to say:
“JP, I am sorry I cannot make the break with you…. Let me help to cover your getaway. You have got the passion that can make people’s spirits soar up. You can inspire them to self-sacrifices, to accept sufferings. You are a great national leader”.
The national emergency proclaimed on the night of June 25, 1975, and the terror that followed proved how prophetic Sinha was about JP. During the 20 months of the Emergency, there was gloom all around as the world’s largest democracy was slowly but surely sliding into dictatorship.
But through this all, one single soul, one lonely spirit, continued to stir in anguish and agony, for the first six months in captivity at Chandigarh and later attached to a dialysis machine at Bombay’s Jaslok Hospital and a spartan house at Patna. Yet, this defiant, indomitable spirit in JP dared the might of Indira Gandhi’s dictatorship and defeated it in less than two years, thereby restoring Indian democracy. He did this despite being in the frailest of health and living on borrowed time. I am a living witness to this.
Former US President, Bill Clinton had once declared: “The story of 20th century is the triumph of freedom. We must never forget the meaning of the 20th century or the gifts of those who worked and marched, who fought and died for the triumph of freedom”.
JP was among India’s tallest leaders who had ‘worked and marched, fought and died’ for independence and the triumph of freedom in a country which is home to one-sixth of the human race. JP did it not once, but twice – fighting for freedom from foreign rule under Gandhiji’s leadership and later winning it back from a native coterie, which brought in ‘emergency rule’ through the back door, under his own stewardship. With the current trend of events, could the story of the 21st century be the defeat of freedom?
Be that as it may, there is a common belief that post-Independence, the Indian National Congress claimed the legacy of Mahatma Gandhi, captured political power and ruled India for decades. Similarly, there is a belief that the Bharatiya Janata Party claimed JP’s legacy, captured political power in 1999 and again in 2014, and is ruling the country now.
It is a fact that both the RSS and its political wing, the BJP, have been laying claim to JP’s legacy. Among the tributes paid to him, the most poignant one came from former Prime Minister Atal Behari Vajpayee, when he said:
“JP was not merely the name of one person; it symbolised humanity. When one remembered Mr Narayan two pictures came to one’s mind. One was reminded of Bishmapitamah lying on a bed of arrows. The second picture was one of Christ on the Cross and Mr Narayan’s life reminded one of Christ’s sacrifices”.
Prime Minister Narendra Modi called JP his “guiding beacon” and an icon and had pledged to carry forward his legacy.
The legacy of JP is akin to that of the Mahatma and echoes him on issues that have cropped up in the post-Gandhi era. All of them are topical and in JP’s own words:
Freedom
“Freedom became one of the beacon lights of my life and it has remained so ever since… Above all it meant freedom of the human personality, freedom of the mind, freedom of the spirit. This freedom has become a passion of my life and I shall not see it compromised for food, for security, for prosperity, for the glory of the state or for anything else.”
Democracy
“India’s democracy is to rise storey by storey from the foundation, consisting of self-governing, self-sufficient, agro-industrial, urbo-rural local communities — gram sabha, panchayat samiti and zilla parishad—that would form the base of Vidhan Sabhas and the Lok Sabha. These politico-economic institutions will regulate the use of natural resources for the good of the community and the nation.
Development
“Idea of development envisages independent India as sui generis, a society unlike any other, in a class of its own that would not follow the western pattern of mega industrialisation, urbanisation and individuation. India’s would be agro-based people’s economy that would chart out a distinct course in economic growth, which would be need-based, human-scale and balanced while conserving nature and livelihoods.
Such a ‘development’ process would be democratic and decentralised. The best development model for India is diversified, democratic decentralised and value-added agriculture as the root, manufacturing small/medium industries as trunk and branches and widespread service sector as a canopy. The almost universal tendency for a centralised political, economic model, and social system that is associated with both of them should be abandoned.”
Jawaharlal Nehru with Jayaprakash Narayan. Photo: http://www.nehrumemorial.nic.in/
Communalism
“Although almost every religious community had its own brand of communalism, Hindu communalism was more pernicious than the others because Hindu communalism can easily masquerade as Indian nationalism and denounce all opposition to it as being anti-national.”
Hindutva
“Those who attempt to equate India with Hindus and Indian history with Hindu history are only detracting from the greatness of India and the glory of Indian history and civilisation. Such person, paradoxical though this may seem, are in reality the enemies of Hinduism itself and the Hindus. Not only do they degrade the noble religion and destroy its catholicity and spirit of tolerance and harmony, but they also weaken and sunder the fabric of the nation, of which Hindus form such a vast majority.”
Hindu Rashtra
“In ‘the long struggle for national freedom there emerged a clear enough concept of a single, composite, non-sectarian Indian nationhood’. All those who spoke about divisive and sectarian nationalism were therefore outside the pale of this nationalism, evolved during the freedom struggle. The hostile and alienating nationalism we hear about today is antithetical to the ethos of freedom struggle and against the belief of all those who helped it evolve.”
“When, following Gandhiji’s murder, the Rashtriya Swayamsevak Sangh was under a shadow, there were many protests made about its being entirely a cultural organisation. But apparently emboldened by the timidity of the secular forces, it has thrown its veil away and has emerged as the real force behind, and controller of, the Bharatiya Jana Sangh. The secular protestations of the Jana Sangh will never be taken seriously unless it cuts the bonds that tie it so firmly to the RSS machine. Nor can the RSS be treated as a cultural organisation as long as it remains the mentor and effective manipulator of a political party. (1968)
RSS identifies the Indian nation with Hindu Rashtra. Such identification is pregnant with national disintegration, because members of other communities can never accept the position of second-class citizens. Such a situation, therefore, has in it the seeds of perpetual conflict and ultimate disruption. RSS should ‘give up the concept of Hindu Rashtra and adopt in its place Indian nationhood, which is a secular concept and embraces all communities living in India’.” (1977)
Cows
“The Hindu concept that a cow’s life is inviolate is the outcome not of any primitive taboo, because beef was a common food of Hindu society at one time, but of the gradual moral and spiritual development of the Indian people in which non-Vedic Hindu religions such as Jainism and Buddhism perhaps took the lead. In the course of time, respect for human life grew and non-violence came to be more and more emphasised in human relations.”
Kashmir
“It will be a suicide of the soul of India, if India tried to suppress the Kashmiri people by force. Rather than rely on repression, what the government of India can do is go back to the time when the state had acceded to India only in three subjects [i.e. defence, foreign affairs, and communications]. This would mean providing for the fullest possible autonomy. If, in Kashmir, ‘we continue to rule by force and suppress these people and crush them or change the racial or religious character of their state by colonisation, or by any other means, then I think that means politically a most obnoxious thing to do’.”
“Kashmir has distorted India’s image for the world as nothing else has done. The only way to get rid of this black mark on Indian democracy was to assure the Kashmiris ‘full internal autonomy, i.e., a return to the original terms of the accession’. To think that we will eventually wear down the people and force them to accept at least passively the Union is to delude ourselves. That might conceivably have happened had Kashmir not been geographically located where it is. In its present location, and with seething discontent among the people, it would never be left in peace by Pakistan.”
We see today that the Gandhi-JP legacy has not only been turned on its head but mingled in the dust. If JP were to come alive today, he would be vilified and abused as an ‘anti-national’ with ‘patriotic nationalists’ baying for his blood. Is the ‘New India’ on offer?
M.G. Devasahayam is a former IAS officer hailing from Kanyakumari district.