M. K. Gandhi : Law Study in London
Deconstructing the Debate: Gandhi’s London Law Study
Siby Kollappallil Joseph
Mahatma Gandhi's educational background has been a topic of
discussion in recent times, with some claiming he had a law degree from
University College London, while others argue he didn't. Gandhi himself never
boasted about his educational qualifications, and his humility on the matter is
evident in his writings. Gandhi wrote : “
I admit my limitations. I have no university education worth the name. My high
school career was never above the average. I was thankful if I could pass my
examinations. Distinction in the school was beyond my aspiration. Nevertheless,
I do hold very strong views on education in general, including what is called
higher education.” 1
In fact, Gandhi's formal education was quite
modest. He completed his primary education in Porbandar and later attended
Alfred High School in Rajkot. Gandhi's higher education journey took him to
Samaldas College in Bhavnagar, but he dropped out and later pursued law studies
at Inner Temple London. It's interesting to note that the question of whether
Gandhi had a law degree from University College London is a relatively recent
debate. Perhaps such claims are made being
made to leverage Gandhi's international reputation for institutional marketing
purposes. There is some truth in what is referred here by a participant about
the statement made by a Lieutenant Governor and counter claims by Gandhi’s great
grandson Tushar Gandhi. It sparked a
debate on Gandhi’s educational qualifications and it is still in minds of
people. That is why this question is placed before discussion. Therefore, understanding
the facts surrounding Gandhi’s law studies in London calls for looking into all
these factors.
“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. 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” These words were
uttered by the
Lieutenant Governor of
Jammu and Kashmir Manoj Sinha while delivering a keynote
address of Ram Manohar Lohia Memorial Lecture at ITM Gwalior on March 23,
2023.. 2 l look upon the statement made by the Lieutenant
Governor 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 3 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. 4
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 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.
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”5
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.” 6
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 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 7produced
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. 8 “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 did not 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. 9 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.”10
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 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 11
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.
Certificate from W. D. Edwards 12
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.
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.”13 There is no mention of University College
London in Gandhi’s Autobiography or biographies which dealt
his London days.14 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.” 15In
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.” 16 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 17 . 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 18 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.” 19
However, this claim of this University was challenged by
Simon Wroe in an article appeared in Camden New Journal on 10 September 2009 20.
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 most it can be said that Gandhi 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
"21 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”22 is nothing but a “post truth” interpretation.
Notes and References
3. The Right to Information Act, 2005 No. 22 of 2005 [15th
June, 2005.] https://rti.gov.in/rti-act.pdf
4. 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/
5.
https://www.allindiansmatter.in/the-ignorance-of-those-who-question-gandhis-educational-qualifications/
6. Ibid.
7.https://www.innertemple.org.uk/who-we-are/history/historical-articles/gandhi-jayanti/
https://www.youtube.com/watch?v=K9SBQLWKPw8&t=108s
8.Architects of Indian Independence, July 2015 Based
on an article in the Inner Temple Library Newsletter Issue 10, October 2007
9. Ibid .
10.https://www.innertemple.org.uk/
11. S. B. Kher (ed.) The Law and Lawyers
by M. K. Gandhi, Navajivn, Ahmedabad, (1993 ),p.266 .
12. D. G. Tendulkar, Mahatma, Life of Mohandas
Karamchand Gandhi, Vol. I, Times of India Press, Bombay (1951), p. 40.
13. 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/
14. 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/
15 . Charles R. DiSalvo, M. K. Gandhi :
Attorney at Law The Man before the Mahatma University of California
Press ,California, 2013, p.5.
16. Ibid. p. 9.
17. 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
19. See the online version of the book
https://www.mkgandhi.org/law_lawyers/02preparation_for_bar.htm
20 . 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
21. “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
22. Ibid.
About the Author
Dr. Siby K. Joseph is Director of Sri Jamnalal Bajaj
Memorial Library and Research Centre for Gandhian Studies, Sevagram Ashram
Pratishthan, Sevagram,Wardha- 442102, Maharashtra Email: directorjbmlrc@gmail.com
This article was written in response to the discussion in the
Online Course on Gandhi and King : Soul force and Social Change offered by
Dr.Michael Sonnleitner in collaboration with Peace Foundation Germany and the
Library and Research Centre for Gandhian Studies of Sevagram Ashram Pratishthan, Wardha, Maharashtra, India.
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