Remembering H.M. Seervai (1906-1996)

Here we go again - Campaign to rescue Mr Jinnah from the clutches of history continues....

One disclaimer I want to add is that I haven`t had the opportunity of reading Seervai`s ``Constitutional Law``.... and I have reason to believe now that it might not span over 4 volumes... but it is a book that is often quoted as the greatest introduction to Constitutional Law.

Yasser,

In fairness, you must be commended for continuing to bring to us biographical information from the lives of such people – people that time somehow seems to have forgotten – as they got eclipsed by other individuals. Most people from that era have a certain amount of historical significance, for history they helped create and their lives do hold lessons.

An article like this would have more value if you avoided using it to push your own deeply-held views on Jinnah.

Mimicking another person is an exercise in futility – it is better to evaluate every person with eyes open (and be able to look at his/her positives AND negatives) – and pick and choose from more than one persons.

If you had to enumerate the (top) three things for readers to gain from your article – what would they be?

Sincerely,
Beej.

Yasser:

Thanks for bringing this wonderful chronicler on this forum. I do not read law books, but his analysis of the Partition remains one of the very best.

It is pretty obvious that you are not pushing any Jinnah agenda here. In fact, I am surprised considering Seervai had interesting opinion on the Quaid. He had deeply-held views on the founder of Pakistan!

Perhaps a bit more about his cases would have embellished the piece further...

Farzana

Dear Beej,

If only I was writing for your benefit sir.


Dear Farzana,

Thanks for the encouragement...

I am thinking of writing a review one of these days on Seervai`s book... I think it needs to be publicised because it shatters history as we know it on both sides ... (after all history on both sides is a mere mirror image of each other)...

The reason I wrote this piece is because this Saturday I finally started the ball rolling on my intimation to the Punjab Bar Council that I wish to practise there as an advocate and an officer of the court. The decision to do so made me re-evaluate where I have come from, where I stand and where I am going... H M Seervai was very much on my mind... but seeing his book in the market just sealed my decision to write on him. As I now begin to build my Law library, I would be purchasing his excellent works on law as well.

I have no doubt that when the history of constitutional law is written in the subcontinent Seervai will be the foremost jurist in the Indian (and South Asian) History of legal tradition... kind of like a Jaafar Sadiq, Abu Hanifa or Shafi... their legends have lived way beyond their time.

-YLH

I read first sentence and was confused. QAMA Jinnah wanted to be like mr. gokale. Is it true Mr. M.K. Gandhi use to consider mr. Gokale his Guru/ teacher also ? If true its ironic extreme Secular Jinnah and reactionary and recist and reactionary rabble rouser and trouble makerer Mr. Gandhi took inspiration from same person.

I wonder in dress code mr. Gokale followed like Jinnah , well dressed westernised dress or like half naked fakir ( Mr. Churchill was horrified when king received halfnaked person )
Can anybody throw light on dress and life style of Mr.Gokale.
Thanks

Re: # 6

This is not an article on Gokhale... but let us go into some whatifs.

Gokhale was a constitutionalist moderate. He did not dress either way and was a thorough liberal. His life was tragically cut short... Had he remained alive several things would have happened...

1) Jinnah and Gandhi would have emerged as lieutenants of the father of self governing dominion of India, Quaid-e-Azam Mahatma Gokhale.

2) There would be non-cooperation/illegal mass movement and no Khilafat movement.

3) India would have been a dominion much like Australia and Canada as early as 1925.

Gandhi did say that Gokhale was his guru but if you read the life and politics of Gokhale, there is pathetically little of Gokhale that Gandhi followed... which is why Gandhi`s application to join Gokhale`s ``Servants of India`` organisation was rejected.

Mr Madani it would be wise to read a little bit more about the circumstances Mr Gandhi faced when he turned up in India in 1916. It is true that he had prejudice as you can see in the patronising remark he made on seeing Jinnah: that he was glad to see a muslim taking such an active part in India`s politics and public life.

But you have to also understand the situation of the congress which was hardly an effective tool for obtaining independence or even self governance Mr Gandhi made into a mass organisation, he was a politician and understood the importance of symbolism but his agenda was not to divide or force muslims to adopt hindu ways or to consider hindu culture and nationalism to be indian nationlism. he said muslim lives by the thousands and may be millions by his personal intervention. he was inded a great leader. a man has to be understood as a product of his times and his social circumstances.

Mohammed Ali Jinnah was a great man until the late thirties, but his problem was that he belonged to a minority and was totally secular/westernised the hindus didnt vote for him, because in the subcontinent votes go by religion, ethnicity and caste and the muslims didnt consider him their own. They also, like minority`s every where were eager to safeguard their identity and interests and moreover since they were lead by a middle clas and rich feudal class whose culture and identity was very different from the bulk of the poor muslims who were so to speak only nominally islamised and were basically local half converts. on top of this was their bourgeoise concerns of safe guarding govt. jobs and adequate political representation which with the aid of some british prodding some of their leaders foolishly thought would be safer in seperate electorates. jinnah understood the pernicious effect of seperate electorates he understood they would encourage sepratism and had increased the chasm between muslim and hindu and he also understood that he would have absolutely no hope if he evr had one of being considered an indian leader if the electorates were not joined. It was his secular constituency which would be most strenghthened by a joint electorate so he tried hard for it. he tried to convince the ML and told them that he would bargain/negotiate a good deal for them with more substantive reservations in other more practical concerns of identity and economics in return for this and more representation in minority provinces like UP. This would have been ideal i.e. some seats being reserved for muslims but electorates being joint like seats are reserved today for schedule/low castes in india. this would have encouraged the development of cross community appeals in politicians both hindu and muslim because compulsions of political arith metic would have forced that. but some resistance within the congres and specifically the very negative atitude of the mahasabha led to the deal following through despite motilal agreeing to it in initial negotiations with jinah, this is the real decisive moment in the inevitable sequence of events to Partition.

By the way Gokhale admired gandhi`s work in South Africa but was also wary of gandhi and his role in India he said so in a letter he wrote, so its down in writing. he like Motilal and later Jawahar also had a low opinion of tilak, bipin chandra pal and lala lajpat rai all of whom were extremists and chauvinists/communalists. It is interesting that Jinnah though intelectually and morally aligned with the moderates had also a good working relationship with tilak this shows that though he didnt have mass appeal he understood the compulsions of politics at an early age.

Re: # 8

a good summation of Jinnah, Gokhale and Gandhi.

#7,8,9 Thanks for details. I should read but some how I have not so inquired.
I am think this gentleman is bawa ? appears from name. He looks nice gentleman, white cream color complexion and intelligent. I like as these are good people and not cheats they have ethics. I have Adamji/ insurace/ stock investment it some time went down but these honest people management brough back co in good shape. They are not corroupt deshis, unfortunately they are dieing people and deshis are breeding like rats is problem- I know that I am also deshi. General many good people die early and useless burden people very long life that is real problem most of time
Again Thanks.

Thank you for another though provoking article, Yasser, and also, good luck with your application at the Punjab bar Council.

ahmedmadani/06, on your query about dress code, all I want to add is that Mahatma Gandhi took the trouble of mastering western dress codes and habits, the whole razz-ma-tazz that precedes getting into the British legal system, before (IMHO) cocking a bit of a snook at the same British ``system`` by choosing to dress in a dhoti.

So, did Gokhale dress like a Westerner? No, I am informed that he dressed like a very well off Indian from Maharashtra.

Did Gokhale know about Western dress? Yes, I am informed that he did.

+++

Observe carefully, on televisions when travelling overseas, by and large the Indians wear ``band galas`` (when not in safari suits or dhotis/kurtas) . . . . and the Pakistanis wear lounge suits (when not in uniform).

Sartorial implications of ``I wouldn`t want to be like you``, also a great song by Alan Parson`s Project.

+++

Yasser,

What kind of cases are you gonna take?

Burp

Re#12

Based on track record, mostly self-defence!

Re: # 13

So I refuse to honor the nonsense in your earlier post, couched no doubt in false modesty, with a response and now you are coming up with a new accusation.

I am afraid I find no intellectual value in discussing any issues with you.

Re: # 12

Well right now I am going to go into general practice... but mostly civil.

Later I fancy either corporate or constitutional...

Slaves in imperial colonies do not have any rights, constitutional or otherewise. To wake up Shira Bhai from the dead to defend Jinnah`s secularism is abusurd. However Manto, you made yourself a public promise on Chowk that you were going to build the best Hindu temple in Pakistan to realize Jinnah`s secular dream. How is that project going? Are you gainfully employed yet or just living with your mummy and writing inane letters?