Gandhi: The Inner Temple Lawyer
Gandhi: The Inner
Temple Lawyer or Law Graduate of University College, London?
Siby
K. Joseph
“Who would say
Gandhiji was not educated? Nobody has the courage to say that. But did you
know that he did not have a single university degree or qualification.[i] There are many of us who think that
Mahatma Gandhi had a law degree. No he did not. His only qualification was a
high school diploma. He qualified to practise law. He did not have a law
degree…. (But) Just look how educated he was…Our Father of the Nation” Lieutenant
Governor of Jammu and Kashmir Manoj Sinha reported to have said
while delivering a keynote address of Ram Manohar Lohia Memorial Lecture at ITM
Gwalior on March 23, 2023.[ii] The statement
made by Manoj Sinha has to been in the larger context of ongoing
discussion about the educational qualification of people in public service or
holding the most powerful office in India. According to the Right to
Information Act, 2005 [iii]
there are certain matters come under the exemptions which shall not be
disclosed. Clause 8 (j) of the Act states that “information which relates to
personal information the disclosure of which has no relationship to any public
activity or interest, or which would cause unwarranted invasion of the privacy
of the individual unless the Central Public Information Officer or the State
Public Information Officer or the appellate authority, as the case may be, is
satisfied that the larger public interest justifies the disclosure of such
information”
The moot
question is whether the educational qualification of a person is personal or
third party information. If someone decides not to disclose his / her
educational qualifications, it could be treated as his /her personal choice.
But if he/she uses educational qualification for employment or position then it
cannot be considered as personal information. M K Gandhi described himself as
an attorney during his initial days of legal profession in India and
later in South Africa. We have photographs of Gandhi in public domain
standing with colleagues in South Africa with the background of a plaque on the
wall describing “MK Gandhi Attorney”. It is true that in the great trail of
1922 at Ahmedabad, Gandhi described himself as a farmer and weaver by
profession. In that trial Gandhi was sentenced to six years’ imprisonment
on charges of sedition inciting disaffection towards the British
Government. Gandhi was convicted of a criminal offence and he was
disbarred as a member of the Inner Temple, London at a meeting of the Bench
Table, on 10 November 1922 [iv]. It is
pertinent to note that Gandhi never sought readmission as a member of the Inn
during his lifetime. In 1969, Lord Mountbatten, the chairman of the committee
formed to mark the centenary of Gandhi’s birth, wrote to the Inn about
posthumous readmission to the Inner Temple but it was declined by the Bench
Table. Though the Inn declined readmission, another suggestion of Lord
Mountbatten that a commemorative plaque offered by the Calcutta Arts Society
was accepted and it was unveiled in May 1971. It is part of history that Bench
Table of the Inn on 3 November 1988, readmitted Gandhi posthumously to the
Inner Temple.
A careful
reading of Lieutenant Governor of Jammu and Kashmir Manoj Sinha’s
statement quoted above shows that he was aware of the implications
of what he was saying. It appears that he wanted to tell the
audience that Gandhi is not having a single university degree or qualification.
But what he says later contradicts with what he says former. “His only
qualification was a high school diploma. He is qualified to practise law.” Thus
he admits the fact that Gandhi is qualified to practise law. What he
wants to precisely say comes later. “He did not have a law degree. (But) Just
look how educated he was…Our Father of the Nation.” Everybody understood the
context and the message he wanted to convey. Is it necessary or relevant
to discuss the educational qualification or degree of Gandhi in the present
context? Is it to inspire people or using the name of Mahatma to justify
certain things? Now it has become a tendency of some people to bring
Gandhi into the picture to convey their standpoint. It is not a welcome
development.
There was a lot
of emotional outpouring from different quarters after his address. Tushar
Gandhi, great grandson of Mahatma Gandhi took the lead and wrote in Twitter “M
K Gandhi passed 2 Matrics, 1 from Alfred High School, Rajkot, second its equivalent
in London, British Matriculation. He acquired, by studying and passing exams, a
Law degree from Inner Temple, a law college affiliated to London University,
and simultaneously got two diplomas – one in Latin and the other in French.
Issued to educate the Deputy Governor of J&K,” “I have dispatched a
copy of Bapu’s autobiography to the Raj Bhawan in Jammu with the hope that if
the Deputy Governor can read, he will educate himself,” he said in another
tweet. In a separate tweet, Tushar Gandhi said: “I agree Bapu didn’t hold a
degree in Entire law”
On 27 March 2023
Tushar Gandhi wrote an article “The ignorance of those who question Gandhi’s
educational qualifications”[v]In that article
he produced copies of certificate admitting him to Honorable Society of Inner
Temple and called to the bar, document of matriculation from Kathiawad,
declaration made by Gandhi before called to the bar by the Inner Temple. In
this article he wrote “ Mohan cleared his LLB from University College, London.
Along with the law degree, Mohandas also secured diplomas in French and Latin.
Then he applied to be enrolled to the bar at the Inner Temple. After fulfilling
all requirements, in June 1891, Mohandas Gandhi was admitted to the bar and
became a qualified and registered barrister.”[vi]Tushar
Gandhi concludes his article by stating the very purpose of writing this piece
“This is to educate those who want us to believe that Mohandas Gandhi did not
have any degrees. Degrees did not matter to him, but he studied and acquired
them through honest means. The only degree Mohandas Gandhi never earned was
‘Entire’ Law Studies.”
All these statements
including Tushar Gandhi created confusion among the people who have not
studied Gandhi whether he studied law in University College London or Inner
Temple and legal status of Inner Temple.. As everyone knows, Gandhi after
clearing his matriculation in 1887 joined Samaldas College in Bhavnagar.
But later he went to England in 1888 to study law. The question is where he
studied law? University College London or Inner Temple ? The records are
in favour of Inner Temple and very clearly not substantiated in the case of
University College London. As per the admission records available
in the archives of Inner Temple, Gandhi was
admitted as a student of the Inner Temple on 6 November 1888 and he paid
£140-1s-5d in fees on the same . His call to the Bar, on 10 June 1891,
was proposed by A G Marten, Master of the Bench. Hon. Judge Deborah
Taylor, of the inner temple in her recorded video talk[vii]
produced before the listeners the call papers and admission papers of M. K.
Gandhi which are available in the documents archive of the Inn. She said
“I am delighted to talk about the history of Mahatma Gandhi, one of our
illustrious former members and his time at the inn…..The admission paper that
we have showed that his address was in Barron's court in West Kensington. He
studied law for three years and was called to the bar in Trinity term of 1891.
Most of his study would be external at home unlike today when students attend
courses and additional training sessions within the inn. And of course we have
his core papers to the inn which are supported as would be today by a master of
the bench.” The certificate issued by the Inner Temple Trinity term of 1891
clearly states that he has kept twelve terms. It also
corroborates what Gandhi describes in his autobiography and
the same is reproduced in a document of Inner Temple library
Architects of Indian Independence [viii]“There were two conditions which had to be
fulfilled before a student was formally called to the bar: ‘keeping terms’,
twelve terms equivalent to about three years; and passing examinations.
‘Keeping terms’ meant eating one’s terms i.e. attending at least six dinners
out of about twenty-four dinners in a term. Eating did not mean actually
partaking of the dinner, it meant reporting oneself at the fixed hours and
remaining present throughout the dinner. Usually of course everyone ate and
drank the good commons and choice wines provided. A dinner cost from two and
six to three and six, that is from two to three rupees ... I often ate nothing
at these dinners, for the things that I might eat were only bread, boiled
potato and cabbage. In the beginning I didnot eat these, as I did not like
them; and later, when I began to relish them, I also gained the courage to ask
for other dishes.[ix]The website
describes its legal status “ The Inner Temple is an unincorporated
membership association which has existed since the 14th Century. The Inns of
Court hold the exclusive right to Call students to practise law at the Bar of
England and Wales.”[x]
Soon after Gandhi
was called to the Bar, he returned to India and sought admission as
an Advocate of the Bombay High Court.In his letter to the Prothonotary and
Registrar of the High Court of Judicature at Bombay and a certificate given by
W. D. Edwards who g recommended his name mentioned only about Inner temple. The
texts of the same are given below.
Gandhi’s
application for enrolment as an advocate of Bombay High Court[xi]
Bombay
November 16, 1891
To,
The Prothonotary and Registrar
of the High Court of Judicature at Bombay.
Sir,
I am desirous of
being admitted as an Advocate of the High Court. I was called to the Bar in
England on the 10th June last. I have kept twelve terms in the Inner Temple and
I intend to practise in the Bombay Presidency.
I produce the
certificate of my being called to the Bar. As to the certificate of my
character and abilities, I have not been able to obtain any certificate from a
judge in England, for I was not aware of the rules in force in the Bombay High
Court. I, however, produce a certificate from Mr. W. D. Edwards, a practising
Barrister in the Supreme Court of Judicature in England. He is the author of
the Compendium of the Law of Property in Land, one of the
books prescribed for the Bar final Examination.
I
beg to remain,
Sir,
Your most obedient servant,
M.K. Gandhi
Certificate
from W. D. Edwards[xii]
11,
Stone Buildings
Lincoln's Inn
9th June 1891
I beg to
recommend Mr. M. K. Gandhi of the Inner Temple, who has been proposed for call
to the Bar in England in the present term (Trinity 1891), and who as I
understand will be duly called on the 10th instant, as a fit and proper person,
upon his admission to the English Bar, to be admitted to practise as an
advocate of the High Court of Bombay. Mr. Gandhi has resided in England for a
period of about three years during which he has kept terms for the Bar. I
believe that his career as a student of the Inns of Court has been in every
respect creditable to him, and that he is a gentleman of unexceptionable
character.
William
Douglas Edwards
11 Stone Buildings
Lincoln's Inn
Barrister at Law
of Lincoln's Inn
It is pertinent
to note in these two documents also there is no mention of University College ,
London.If he had a relevant degree which qualified him to practise as a lawyer
he would have definitely mentioned about the same. Thus it is
evident that the relevant qualification was the Inner Temple certificate.
The
argument that Inner Temple does not give a degree in law is not a new one or
the discovery of Lieutenant Governor of Jammu and Kashmir. In response to
historian Vinay Lal’s reference to Gandhi’s degree in an
article, he received a communication way back in October 2003
from a person describing himself as a barrister, a graduate of the
University College London (UCL), and as a member of the “Inner Temple”, stating
that the Inns of Court do not confer degrees, that Gandhi in fact earned his
degree from UCL” in response Vinayalal wrote “Though with respect to one
of these points, namely the fact that the four Inns of Court — Gray’s Inn,
Inner Temple, Middle Temple, and Lincoln’s Inn — do not confer degrees, this
gentleman is entirely correct, so long as strict fidelity to empirical facts is
the only criterion of what counts as “right” and “wrong”, it does not appear to
me to stretch the point to suggest that the brief description offered by myself
of Gandhi’s experience with the institutions peddling a law degree, so to
speak, can stand as it is.”[xiii]
There is no mention of University College London in Gandhi’s Autobiography
or biographies which dealt his London days.[xiv] M. K. Gandhi : Attorney at Law The
Man before the Mahatma written by Charles R. DiSalvo throws some light on
Gandhi’s legal education. He wrote “The world of legal education into which
Gandhi stepped in the fall of 1888 would be almost unrecognizable to legal
educators today. It is now almost universally true that there is a serious
academic component in one’s training for the bar, usually in a university
context. It often includes or is followed by practical training in either
simulated or actual practice settings or both. Legal education at the close of
the nineteenth century in London could hardly have been more different. To
begin with, the student prepared for the call to the bar in something other
than a traditional university setting. Since at least the middle of the
fourteenth century those who wished to become barristers received their call to
the bar by first enrolling in one of the four Inns of Court.”[xv]
In the preceding paragraphs he wrote “ Like every barrister-to-be, Gandhi had
his choice of inns. Of the four— Gray’s Inn, Lincoln’s Inn, the Middle Temple,
and the Inner Temple—the Inner Temple was the most expensive. Gandhi chose the
Inner Temple.” [xvi]
Here also there is no mention of University College London.
The
certificate awarded to Gandhi read as follows , "This is to Certify to
whom it may concern That Mohandas Karamchand Gandhi of 20 Barons Court Road,
West Kensington, the youngest son of Karamchand Uttamchand Gandhi of Porbandar,
India deceased, was generally admitted of The Honourable Society of the Inner
Temple on the sixth day of November One thousand eight hundred and eighty eight
and was called to the Bar by the same Society on the tenth day of June One thousand
eight hundred and ninety one and has paid all duties to the House and to the
Officers thereunto belonging." This certificate doesn’t give any
clue whether it is a diploma or degree. But Declaration to be made by a
student before call to the Bar give clues what it is or it is equivalent to
degree. Declaration to be made by a student before call to the Bar is a
printed format and MK Gandhi duly signed on it on 28 th May
1891. Below that declaration the relevant order is printed. It reads as follows:
Inner Temple
Bench Table Order
16 th June 1789
Ordered- That no
Master of the Bench do from henceforth propose any of this Society to be called
to the Degree of the Bar, without he is able to give some amount to their
Masterships(if required) of the character and qualifications of the gentleman
he proposes.
Below one can
see the endorsement of the Bencher that is “I intend to propose the call
to the Bar of Mr.Mohandas Karamchand Gandhi in Trinity Term 1891” It was
signed by A.G.Marten, Bencher and addressed to the Sub Treasurer of the
Inner Temple on 27 May 1891. Thus it is clear that calling to the bar is
nothing but calling to the degree of bar or becoming a barrister. Therefore,
there will not be any doubt Gandhi was qualified barrister.
Now let us
look at the claim of University College, London that Mahatma was a
UCL alumnus. It is true that his name is still in the list of UCL alumni
in the website of UCL [xvii]. Based
on a reference made by Soli Sorabjee in an article entitled
“Terrorists, National security and Gandhi “in his series Out
of Court on October 28, 2001[xviii]
S. B. Kher, the editor of the book, The Law and
Lawyers by M. K. Gandhi added a new note in the section -1 “Gandhiji as a Law Student”
item number two “Preparations for the Bar” in the new editions of
the book. It read as follows: “As the Bar examinations did not require much
study, Gandhiji did not feel pressed for time. He therefore thought that he
should not only be called to the Bar, but have some literary degree as well. He
inquired about the Oxford and Cambridge University courses but gave up the idea
of going to either of these places as it would have meant greater expense and a
much longer stay in England than he was prepared for. Ultimately he decided to
study for the London Matriculation. It appears, however, that from 1888 to
1889, Gandhiji had enrolled himself as a student in the University College,
London, for recently the University College, London has proudly claimed
Gandhiji as one of its 18th Century distinguished alumni. The alumni department
of the college dug back its archives and found an old card index box containing
a small yellowing index card in which is handwritten Gandhiji's name and dates
of attendances. It is now established that Gandhiji from 1888 to 1889 was
enrolled as a student in the University College, London for courses in Indian
law and jurisprudence.”[xix]
However, this
claim of this University was challenged by Simon Wroe in an article appeared in
Camden New Journal on 10 September 2009[xx].
This article cites research into the college archives undertaken by UCL
law professor Andrew Lewis. It confirms “a single alumnus record for “Mahatma
Karamchand Gandhi”, later corrected to Gandhi’s given name, Mohandas,
registered for the 1888-89 session. But, according to Mr Lewis’s report
published in a UCL Laws newsletter, Gandhi’s name is nowhere to be found in the
surviving class registers for law or any other subject, meaning he may have
attended lectures at UCL and not signed in. Or he might have never set foot on
campus.”
The
article further states “There are three references to Gandhi in UCL’s
records – the main one being an index card/student record card giving the
academic year 1888-1889. It has been amended at a later date to reflect his
assassination in 1947.
The spokeswoman added: “The other reference can be found in the Professors’ Fees
Book for 1888-89, where he appears to be listed for two terms under Professor
Henry Morley, who taught English.
“There is also a reference to ‘Gaudhi’, a spelling mistake which is believed to
refer to Gandhi, in the calendar for 1889-90, which details students from the
preceding year. Students of arts, laws and the sciences are all grouped
together rather than under subject headings on this document.”
Based on
these findings it would not be appropriate to describe Gandhi took his law
degree from University College, London. “Gandhi did
audit class at University College, London” the statement made by Lieutenant
Governor of Jammu and Kashmir Manoj Sinha to refute Tushar Gandhi's claim
is also not substantiated by evidence. At the most we can say that he had
undergone some courses on English or Law. Further the statement of
Lieutenant Governor "Inspirational stories of
many people including Gandhiji to explain the real importance of education
instead of just getting a degree "[xxi] is difficult
to digest . Similarly the claim that “throughout
the speech, the Lt Governor tried to explain the real purpose of education to
the students by telling them about the greatness of Mahatma Gandhi”[xxii]
is nothing but a “post truth” interpretation.
Notes and
References
[i] . The emphasis added by the author.
[ii] . https://indianexpress.com/article/india/mahatma-gandhi-university-degree-education-jk-manoj-sinha-8516269/
[iii]. The Right to Information Act, 2005 No. 22 of 2005
[15th June, 2005.] https://rti.gov.in/rti-act.pdf
[iv] . John Williams, In
Search of Gandhi’s London The Pioneer, Monday 2 October 1972.
https://www.innertemple.org.uk/who-we-are/history/historical-articles/gandhi-jayanti/
[v].
https://www.allindiansmatter.in/the-ignorance-of-those-who-question-gandhis-educational-qualifications/
[vi] . Ibid.
[vii]
.https://www.innertemple.org.uk/who-we-are/history/historical-articles/gandhi-jayanti/
https://www.youtube.com/watch?v=K9SBQLWKPw8&t=108s
[viii] . Architects of Indian Independence July 2015
Based on an article in the Inner Temple Library Newsletter Issue 10, October
2007
[ix]. Ibid .
[x]. https://www.innertemple.org.uk/
[xi]. S. B. Kher (ed.) The Law and Lawyers
by M. K. Gandhi, Navajivn, Ahmedabad, (19930,p.266- a.
[xii] . D. G. Tendulkar, Mahatma, Life of Mohandas
Karamchand Gandhi, Vol. I, Times of India Press, Bombay (1951), p. 40.
[xiii]. See Vinay Lal’s article “Gandhi in London: The Law Student and the
“Inner Temple”
https://southasia.ucla.edu/history-politics/gandhi/gandhi-law-student/
[xiv] . Vinay Lal further wrote in
his article “Gandhi in London:
The Law Student and the “Inner Temple” “Gandhi’s most notable
biographers, for instance D. G. Tendulkar, Robert Payne, B. R. Nanda, and
Geoffrey Ashe, make no mention of University College London….”
https://southasia.ucla.edu/history-politics/gandhi/gandhi-law-student/
[xv] . Charles R. DiSalvo, M. K. Gandhi : Attorney
at Law The Man before the Mahatma University of California Press
,California, 2013, p.5.
[xvi] . Ibid. p. 9.
[xvii]. UCL alumni include Mahatma Gandhi (Laws 1889,
Indian political and spiritual leader); https://www.ucl.ac.uk/news/2006/jun/intimate-encounters-desirable-objects-ucl
[xviii] . https://timesofindia.indiatimes.com/home/sunday-times/all-that-matters/out-of-court/soli-sorabjeebrterrorists-national-security-gandhiji/articleshow/360389431.cms
[xix] . See the online version of the book
https://www.mkgandhi.org/law_lawyers/02preparation_for_bar.htm
[xx] . Simon Wroe “University challenged over
‘Gandhi was graduate’ claim
Camden New Journal 10 September 2009” http://www.thecnj.com/camden/2009/091009/educ091009_01.html
[xxi] . “Why controversy over J&K L-G Manoj
Sinha's Mahatma Gandhi law degree remark is uncalled for” Reported by Devendra
Parashar
https://www.indiatvnews.com/news/india/mahatma-gandhi-law-degree-remark-controversy-jk-l-g-manoj-sinha-tushar-gandhi-twitter-latest-updates-2023-03-26-857755
[xxii] . Ibid.
About the
Author
Dr. Siby K. Joseph is noted Gandhian Scholar
and Director of Sri Jamnalal Bajaj
Memorial Library and Research Centre for Gandhian Studies, Sevagram
Ashram Pratishthan, Sevagram,Wardha-
442102, Maharashtra and his most recent book is Ashrams
of Gandhi and Lanza del Vasto (2023) Email:
directorjbmlrc@gmail.com
November 16, 1891
The Prothonotary and Registrar
of the High Court of Judicature at Bombay.
Sir,
Your most obedient servant,
M.K. Gandhi
Lincoln's Inn
9th June 1891
11 Stone Buildings
Lincoln's Inn
Barrister at Law
of Lincoln's Inn
 |
| Declaration made by M K Gandhi as a law student of Inner Temple London Before call to the Bar |
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Certificate stating that MK Gandhi was admitted to House of Inner Temple in November 1888 and kept twelve terms in Trinity term 1891 |
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| Gandhi's application to be admitted as Advocate of High Court before the Prothonotary and
Registrar of the High Court of Judicature at Bombay on November 16, 1892
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