Third Way PDF
Third Way PDF
Third Way PDF
TH IRD WAY
By
DATTOPANT TH ENG ADI
Founder
Bharatiya Mazdoor Sangh
Bharatiya Kisan Sangh
Swadeshi Jagaran Manch
Compiled by
BHANU PRATAP SHUKLA
ISBN 81-86595-03-1
— Shri Guruji
PUBLISHERS' NOTE
But during this intervening period it came to our notice that the
book suffered from pardonable as well as unpardonable printing
mistakes and also that it was necessary to restructure the contents in
view of the current requirements. On account of my preoccupations, it
was impossible for me to undertake this much-needed revision.
Fortunately at such a juncture Prof. M.P. alias Bapu Kendurkar came
to my rescue and accomplished this Herculean task in a very
satisfactory manner. I am thankful to him as well as to M/s. Sahitya
Sindhu Prakashana, Bangalore, for bringing out the second edition of
the book, the first edition of which was published by M/s. Janaki
Prakashan, New Delhi.
I feel confident that patriotic readers will receive this edition with
the same enthusiasm.
D. B. Thengadi
COMPILER’S INTRODUCTION
(First edition)
It is a great pleasure for me to associate m yself with the
publication of this collection of articles and speeches by Shri
Dattopant Thengadi on various aspects of national reconstruction.
It is now obvious that the existing institutional framework is
inadequate to deal effectively with the current complex problems which
could not be com prehended by the learned members of the
Constituent Assembly. It is generally felt that the constitution of a
new Constituent Assembly is the need of the hour. This is not to
devalue the competence or brilliance of those stalwarts who framed
the Constitution. But, as Jefferson said, "Each generation has a right
to choose for itself the form of government it believes most
promotive to its own happiness." Evidently, by 'the form of
government' he meant the entire social order.
Shri Thengadi is of the view that it is neither advisable nor
practicable to think in terms of a blueprint. Practical thinkers like
M.N. Roy, Pt. Deendayal Upadhyaya, Swatantryaveer Savarkar, Marx
or Lenin refused to present any utopia, because, according to them, it
was an exercise in futility. A blueprint may be evolved in course of
actual implementation in the light of the broad guiding principles of
the basic ideologies, and that too by a trial-and-error method. Before
reaching the stage of implementation, what can and should be offered
is a general guideline of the new socio-economic order, and such
guidelines have already been furnished by every ideology.
Since communism has failed and capitalism is on the way out, the
search for a 'Third Way' is already on in the western countries
including the United States. Peter Drucker, Samuelson and others
have foreseen the inevitability of the collapse of capitalism, though
their public expressions are sufficiently guarded. This should not give
rise, Shri Thengadi cautions, to any euphoria in the minds of those
who had condemned both these thought-systems all these years. Any
attempt to evolve a new model must be preceded by adequate home
work on the subject, he thinks.
xi
second edition, the latter is not a mere reprint of the first one. For
example, two articles in the first edition - (i) 'Anti-Communalism X-
rayed' and (ii) 'On a Hindu Ideologue' - have been dropped in this
edition as they are not in any way - not even remotely - in tune with
the overall import of this collection. The essay 'On Revolution' is
given in the Appendix and not in the body of the book.
It was surely creditable for the editors of the first edition to
group under four heads so many articles and speeches, coming close
to one another in contents - which are spread well over twenty years.
Just to add to their endeavour in pointing out the common thread of
import of the contents in these groups, more homogeneously, some
changes in the grouping of articles and speeches are effected.
'Bharatiya Vichar' of part IV in the first edition is placed at its
logical position in the second part 'The Hindu View'. 'Parties Based
on Economic Ideologies' in part III of the first edition is now
included in part III 'Thoughts on Constitutional and Legal System'.
Similarly 'The Hindu Concept of World Order' in the first part of the
first edition is shifted to part III of the second edition. 'South-South
Co-operation' of part IV of the first edition is shifted to the present
part IV - 'Swadeshi'. The entire matter is divided into five parts
instead of four parts in the first edition, with Part I 'The Hindu
Approach’ serving as a sort of prefatory part and part V 'Reach for
Param Vaibhavam' as the concluding part.
With the intention of having a more appropriate order of thought
content, the sequence of articles in part I - 'The Hindu View' - is
slightly changed bringing all economic thinking together in a
consecutive order.
Similarly placements of section III 'Whither' and section IV
'Dharma - Our Point of Reference' in the first paper 'The Hindu
Approach' are interchanged with a view to making the contents and
the import of the same more meaningful and logically more consistent.
With the same intention, some paragraphs in other articles are
also rearranged and the sequence of some words and phrases is
changed in the same.
A word or two are added occasionally to make the meaning more
explicit. An effort has been made to the maximum extent to
maintain uniformity in giving quotations, names of the authors,
XIV
Appendix I
On Revolution.......................................................................... 258
Appendix II
In the materialist West, it was believed that matter is basic and the
mind is only a superstructure on it. Consequently, socio-economic order
was basic. Once an appropriate order is established, corresponding
psychological changes in popular mind would follow automatically. That
this belief was not correct has been proved now beyond doubt.
* See Appendix II
The Hindu Approach 11
m
18 Third Way
Sarcastically, he observes :
"Development is an oozy term that is currently used for a housing
project, for the logical sequence o f thought, for the awakening
o f a child's mind, or the budding of a teenager's breasts. But
'development' always connotes at least one thing: a person's
ability to escape from a vague, unspeakable, undignified
condition called 'sub-desarollo' or underdevelopment, invented
by Harry Truman on 10 January 1949.
III
Dharma - Our Point of Reference
^ ^ ^
See Appendix II
36 Third Way
There is, therefore, no justification for pessimism. Revered Shri Guruji
used to quote the following one-stanza poem of Tennyson - The
Play - talking with the shortsighted prophets of doom:
Act first, this earth a stage so gloomed with woe
That you all but sicken at the shifting scenes,
And yet be patient, our Playwright may show
In some Fifth Act what this wild drama means.
Today we are on the threshold of this Fifth Act. 'The Global
Vision - 2000' is the first scene of this last Act. This marks the
commencement of the new millennia, - the Hindu, that is, the Human
Millennia; for the Hindu and the Human are synonymous. On this
auspicious occasion, let each one of us take a solemn vow, in the
immortal words of one of the greatest humanitarians the world has
ever produced, "to do all which may achieve and cherish a just, and
a lasting peace, among ourselves, and with all nations", "with malice
towards none; with charity for all; with firmness in the right, as God
gives us to see the right."
It is not without profound spiritual significance that this land of
Lincoln is playing host to the centenary celebrations of the historic
Address of Swami Vivekananda, the Cultural Ambassador of the
land of the earliest Rishis of mankind.
CHAPTER 3
Quo Vadis*
'Hindu Economics' of Dr. M.G. Bokare will be considered as a
landmark in the history of economic thinking of our country. It may
also give an unpleasant surprise to the 'left' as well as the 'kept'
intellectuals to find a former Marxist asserting that the first book on
Economics was written in India and that it was in India that
'Economics' was defined for the first time in the world history of
Economics literature. When apprised of this fact by Dr. Bokare,
J.K. Galbraith appreciated his suggestion that western economists
ought to be informed about the literature on economics in ancient
India. In course of time, Dr. Bokare may find that it is easier to
convey any truth to western intellectuals than to the intellectuals in
this country who are still under the influence of some 'modern'
superstitions and are still feeling happy at the loss of their
intellectual autonomy. As economists they are not the legitimate
successors of Dadabhai Naoroji who first originated the 'drain
theory', or Justice M.G. Ranade, Gopal Krishna Gokhale and Ramesh
Chandra Dutt who criticised British economic policies in the spheres
of public finance, taxation, banking, industrialisation and revenue
system. They are not even acquainted with Arthachintaks, i.e.,
Professors of Economics in ancient India.
When the Hindu nationalists entered the economic field in 1955 it
was immediately certified that they were ignorant of economics. That
was a self-evident fact. They must be ignorant because they were
'Hindu'. It could not be otherwise. All their words and deeds were
ridiculed with utter contempt. That they were new entrants in the
field was obvious. But who had granted the monopoly of all
intelligence in the land to their critics is not yet known. Arrogance,
rather than intelligence, was the main asset of these traders in
imported intelligence.
PART-IV
Even in the remotest past our sages are found to be taking care
of all the various aspects of social life. This could be discerned
even by a distinguished leftist thinker who undertook a journey
from primitive communism to slavery in ancient India.
Their thinking was dynamic, keeping pace with the
ever-changing situations and challenges.
The literature on this subject is scattered in various Dharma
Shastras and the accounts of foreign tourists.
It shows how they worked out details of every aspect from time
to time keeping in view the contemporary social conditions.
See, for example, the details of the role of the state in economic
life of society during a particular period.
From the account of Hieu-en-Tsang it is evident that the state
and the Vaishya community had, during his times, established
charity homes and well-equipped dispensaries for the benefit of
paupers, widows, childless persons, and other helpless citizens.
According to Kautilya even widows, defective girls, female ascetics,
old mothers of prostitutes, king's old maids, and the dismissed maids
of temples could not be suffered to remain unemployed. He has laid
down that they should be given the work of spinning wook, bark
thread and cotton (Kautilya 2/23/41/2). Women unable to leave their
homes, helpless due to their husband's absence, physically
handicapped girls, and women in need of earning their livelihood,
should be provided with jobs at their homes by the Superintendent
of the Textile Industry (Kautilya 2/23/41/12). The sons of dead
employees, the old, the minor, the infirm, the afflicted, the paupers,
and women due for maternity deserved financial assistance from the
Quo Vadis 53
state (Kautilya 5/3/91/29/31). Mahabharata (Sabhaparva, 124) directs
the king to look after the destitutes and the disabled ones.
In his 'Labour Problems in Ancient and M edieval India,'
Shital Prasad Mishra explains how the government did not recover
taxes from workmen because they worked for the government. The
government, states Hieu-en-Tsang, was liberal and did not take
forced labour from the people; the work was got done with restricted
payment of wages. The government servants received land in lieu of
remuneration and the workers received wages.
According to Megasthenes, the state used to give priority to the
security of workers and artisans. They were exempted from taxes,
could receive state-aid during the periods of distress, and enjoyed
many other facilities at the expense of the government. An employer
hurting any limb of an artisan was sentenced to death. A1 Baruni
also refers to the systematic arrangements for the safety of the
employees and their protection from accidents.
It was customary to offer extra work, in the service of the state,
in lieu of the payment of taxation. Vasistha directs artisans to perform
governm ent work without wages for one day in a month
(Vasistha Smriti Ch.19, P 1-490).
Gautama prescribed the same rule for artisans, labourers, sailors
and charioteers (Gautama Smriti 10-397). Megasthenes also refers to
such honorary service to the state, but states that the builders of
ships and armourers were given wages and food by the state.
During the Mauryan period, the factories under the civil boards
used high quality materials, and employees therein were paid fair
wages by the municipal board. During the same period, the practice
of digging mines and working of factories at the government
expense came into being. Under Vijayanagar empire 500 artists are
recorded to have been working upon gold and silver thread in the
government factories.
Nevertheless, the role of the state in case of such industries had
been that of a patron.
There was no centralisation which stifles individual freedom and
stultifies the natural growth of human personality. Guidelines on
public finance and taxation given in shastras are useful even today.
This is only one instance to illustrate the point.
In fact, our sages had taken into consideration all the dimensions
54 Third Way
of economics, which, according to them, covered a very large
canvas. Arthashastra is defined by Kautilya as the branch of
knowledge which deals with the acquisition and preservation of
dominion. It is held to comprise the art of government in the widest
sense of the term. The list of contents of Kautilya's Arthashastra
will surprise modern teachers of economics. The Arthashastra was
preceded by fairly voluminous literature on the subject which is now
lost to us. Kautilya's masterly treatise itself has been recovered from
the oblivion of centuries by the fortunate discovery of a complete
manuscript of the work and its publication by R. Shama Shastri in '
1908. Exploration into such literature is our patriotic duty. Even the
available ancient literature on the subject, if brought together, would
make a voluminous document. It is creditable for Dr. Bokare that he
could dive deep into this ocean of relevant information. Of course,
for want of space and to maintain a sense of proportion in the
arrangement of the thesis, the author had to be selective, confining
himself only to such significant references as are more pertinent to
modem mental matrix.
Not happy with the ivory tower of Westernism, the author is in
close and direct touch with Bharatiya realities. He is of the earth,
earthy.
It is noteworthy that a public debate is already initiated on one
of the basic points incorporated in this thesis. At the instance of
Dr. Bokare the nationalist organisations operating in the economic
field have raised a demand that the cost of production of every
product - be it industrial or agricultural - must be declared.
The Government should
1. publish cost audit reports of the companies;
2. obtain the copies of the reports of Bureau of Industrial
Costs and Prices; and
3. ask the joint stock companies, the co-operatives, and the
public sector undertakings to publish the data of cost of
production in their annual reports and balance sheets.
At the present state, it may appear fantastic to demand that all
the countries should declare the costs of production of the
commodities they export to other countries. But it is indisputable
that despite the differences between Ricardian theory of foreign trade
and Hecksher-Ohlin's theory of foreign trade, in elucidations, both
are governed by cost of production. The traditional basis of Hindu
Quo Vadis 55
price-policy has been the cost of production, the degree of utility
(i.e., the use-value) and the degree of availability. In this context, the
author has also referred to the observations of Dr. Ambedkar, Pigou,
Patinkin and Lemer.
This should suffice to indicate how the author’s mind is attuned
to the spirit of our culture and alive to the requirements of the
current critical situation.
PART-V
Fortunately, Dr. Bokare is free from the influence of western
concepts. He does not feel that m odernisation is necessarily
westernisation. He does not subscribe to the view that western
paradigm is the universal model of progress and development. For an
ancient country like Bharat having a rich cultural heritage, it will be
shameful to borrow any western term to describe its ultimate goal.
Every culture has its own model of development. The current
western concept of 'development', though fashionable, is disastrous.
Ivan Illich, the famous author of "Towards A History o f Needs",
"Medical Nemesis", "Tools fo r Conviviality" and "De-schooling
Society", narrates his Mexican experience of 'The Development
Myth'. He sees the effect that 'development' has had on the life of
the poor in the rural areas and slums; erosion of means of
subsistence and traditional skills, loss of self-reliance; dignity and
solidarity of communities; spoliation of nature; displacement from
traditional environments; unemployment, bulldozing traditional self-
reliant communities into the cash economy; cultural rootlessness, and
the corruption of politics. He asks whether this is development or
the price that is being paid for a blueprint of development that has
no relation to the conditions and goals of the communities that are
described as beneficiaries of development.
Sarcastically, he observes,
"Development is an oozy term that is currently used fo r a
housing project, fo r the logical sequence of thought, fo r the
awakening of child's mind, or the budding o f a teenager's
breasts. But 'development' always connotes at least one thing: a
person's ability to escape from a vague, unspeakable,
undignified condition called 'Sub-desarollo' or under
development - invented by Harry Truman on 10th. January 1949."
56 Third Way
And, again,
"Development means to have started on a road that others know
better, to be on the way towards a goal that others have
reached, race up a one-way street. Development means the
sacrifice o f environments, solidarities, traditional
interpretations and customs to ever-changing expert advice.
Development promises enrichment, and fo r the overwhelming
majority, has always meant the progressive modernisation of
their poverty."
In conclusion, Ivan Illich says:
"The time has come to recognise development itse lf as the
malignant myth whose pursuit threatens those among whom I
live in Mexico. The 'crisis' in Mexico enables us to dismantle
'development' as a goal."
The western thinking is in direct contrast with the Hindu
concept of progress and development.
For example, in his speeches at Thane Meet in 1972, Shri Guruji
explained the basic Hindu view on economic problems. Deductions,
that naturally flow from his enunciation, are as follows:
1. The basic needs of life must be available to every citizen.
2. Material wealth is to be acquired, with the object of serving
society which is but a manifestation of God, in the best possible
ethical manner, and out of all that wealth, only the minimum
should be used for our own purposes. Allow yourself only that
much which is necessary to keep you in a condition to do service.
To claim or to make a personal use of more than that is verily the
act of theft against the society.
3. Thus we are only the trustees of the society. It is only when we
become true trustees that we can serve the society best.
4. Consequently, there must be some ceiling on the individual
accumulation, and no person has a right to exploit someone else's
labour for personal profit.
5. Vulgar, ostentatious and wasteful expenditure is a sin when millions
are starving. There must be reasonable restrictions on all
consumption. 'Consumerism' is not compatible with the spirit of
the Hindu culture.
6. 'Maximum production and equitable distribution’ should be our
motto; national self-reliance our immediate goal.
Quo Vadis 57
7. The problem of unemployment and under-employment must be
tackled on a war footing.
8. While industrialisation is a must, it need not be the blind imitation
of the West. Nature is to be milked and not killed.Ecological
factors, balance of nature and the requirem ents of the
future generations should never be lost sight of. There should be
an integrated thinking on education, ecology, economics and
ethics.
9. Greater stress should be laid on the labour-intensive rather than
the capital-intensive industries.
10. Our technologists should be required to introduce for the benefit
of the artisans reasonably adaptable changes in the traditional
techniques of production, without incurring the risk of increase in
unemployment of workers, wastage of the available managerial and
technical skills, and complete decapitalisation of the existing means
of production, and to evolve our own indigenous technology with
emphasis on decentralisation of the processes of production with
the help of power, making home, instead of factory, the centre of
production.
11. It is necessary to reconcile efficiency-with employment expansion.
12. Labour is also one form of capital in every industry. The labour of
every worker should be evaluated in terms of share, and workers
raised to the status of shareholders contributing labour as their
share.
13. Consumers' interest is the nearest economic equivalent of national
interest. Society is the third, and more important party to all
industrial relations. The current western concept of 'collective
bargaining' is not consistent with this view. It should be replaced by
some other terms, such as, ’National Commitment1, i.e., the
commitment of both, the employers and the employees, to the
Nation.
14. The surplus value of labour belongs to the Nation.
15. There need not be any rigidity about the pattern of industrial
ownership. There are various patterns, such as, private enterprise,
state ownership, co-operatives, municipal ownership, self-
employment, joint ownership (state and private), democratisation
etc. For each industry the pattern of ownership should be
determined in the light of its peculiar characteristics and the total
requirements of the national economy.
58 Third Way
16. We are free to evolve any variety of socio-economic order,
provided it is in keeping with the basic tenets of Dharrna.
17. But changes in the superstructure of society will be of no use if the
mind of every individual citizen is not moulded properly. Indeed, the
system works ill or well according to the men who work it.
18. Our view of the relation between individual and society has always
been, not one of conflict, but of harmony and co-operation, born
out of consciousness of a single reality running through all the
individuals. The individual is a living limb of the corporate social
personality.
19. The Samskaras of identification with the entire nation constitute the
real infra-structure of any socio-economic order.
Of all the Hindu Samskaras, the most important one is that of
Yajna (Sacrifice). The significance of this concept of Yajna has been
explained thus by Swami Rama Tirtha:
"Putting our hands together fo r the good is sacrifice to Indra;
putting our heads together fo r universal good is sacrifice to
Brihaspati; putting our hearts together is sacrifice to the
Devata o f hearts of Chandra. In short, sacrifice to the gods
means offering my hands to All the Hands or the whole nation;
offering my eyes to All the Eyes or entire community; offering my
mind to All the Minds; merging my interests in the interests of the
country; feeling all as if they were my own Self; in other words,
realising in practice ’tnr 3rffr’ 'That Thou Art'."
m
themselves'."
66 Third Way
In 1920, the International Federation of Christian Trade Unions
(the IFCTU, now 'WCL') was formed. In 1952, the 'Young Christian
Workers' Movement' was started in Belgium by Joseph Cardign.
On May 1, 1955, the Pope christianised May Day by
establishing for that day the feast of St. Joseph, the worker.
Leo X III in 1889 proposed St. Joseph as a model for
proletarians. Benedict XV advised the workers to follow St. Joseph
as their special Guide. And Pius XII explained the role of the
workman of Nazareth as patron in the struggles against atheistic
communism in the following words:
"To hasten the advent of the 'peace of Christ in the Kingdom of
Christ' so ardently desired by all, we place the vast campaign of
the Church against world communism under the standard of St.
Joseph, her mighty protector."
Thus Pius XII managed to mobilise his Christian forces on the
same field which was being monopolised (ideologically) so far by
the leftists in general and the communists in particular.
It was, however, realised before long that this sectional activity,
though commendable in itself, would not serve fully the purpose in
hand. Emboldened by its experience in evolving 'Christian Science'
and 'Christian Art', the Vatican undertook the task of evolving
'Christian Economics' also. 'The 30,000 words Vatican Encyclical’*
mentioned on May 2, 1991, the futility of both the systems -
capitalism as well as communism.
D eterm ined and system atic effort is already going on to
formulate 'Christian Economics'. But it is not certain whether this
would be able to offer the much-needed 'third alternative' because
Christian economists also are brought up so far in a particular
discipline. Their minds have been conditioned in a particular way for
so many decades in the past. They will not be able to make much
headway unless they prepare themselves to unlearn everything
pertaining to capitalism and consumerism. Again, they will have to
remember that Max Weber eulogised capitalism as the consummation
of Christian religion and Tawney in his 'Religion and Rise o f
Capitalism' has similarly disclosed how Christianity and rise of
capitalism can be sophistically rationalised, while according to
Kenneth Boulding, the demand-structure in religious economic life
would be different from that in the capitalist economic life would be
different from that in the capitalist economic life.
See Appendix II
Quo Vadis 67
It is now generally known that in certain quarters it was felt that
the Encyclical, mentioned above, has not distanced itself sufficiently
from the prevalent capitalist thinking.
At an inter-disciplinary seminar held at Bombay on July 5, 1992,
some of the participants speaking on this "Centesimus Annus", the
Encyclical issued by Pope John Paul, expressed the view that it was
bending backwards towards capitalism, harsh on communism mainly
for its athesim, "goody-goody" but lacking in persuasive statements
on issues like population control, and diplomatic and conservative
on issues like GATT and the North-South Dialogue. This Encyclical
issued to mark the centenary of the above-mentioned "Rerum
Novarum" Encyclical or the "workers' charter" did not go much
further. The Encyclical lacked bite, though it threw more light on
Christian understanding of issues. "Why did the Pope not say he
preferred a modified form of socialism with less state-intervention,
instead of asking for a modified form of capitalism?" they questioned.
Fr. Aguiar, editor of the 'Examiner', felt that the Pope has not
come to terms with the massive dehumanisation in the world and that
the Encyclical had no models to present as alternatives to
communism.
Anyway, the efforts to evolve "Christian Economics" are already
afoot.
W hatever may be the degree of success these Christian
economists achieve ultimately, their intellectual efforts can be
complementary to Hindu Economics, if they are imbued with the
spirit of true Christianity as reflected in: "I have come to fulfil, and
not to destroy."
It is not generally realised that in the context of this exercise of
evolving a socio-economic order, the followers of Islam have a
distinct advantage over those of Christianity. Mohamed, the. Prophet,
was not only the founder of a religion; he was a lawgiver also.
Christianity originated with Lord Jesus, though, wisely enough, he
did not found any Church. But that apart, he was not a lawgiver, his
famous Commandments notwithstanding. For example, the Bible has
a reference to anarchy of taxes and corruption of tax-collectors, but
it does not indicate the way to taxless society. This fact has placed
his followers in a disadvantageous position, so far as this particular
task is concerned.
68 Third Way
The Islamic scholars have been busy for decades in evolving
Islamic Economics, the special characteristic of which is the creation
of an interest-free economy. To pass any judgem ent on this
particular aspect, it is necessary to investigate into the actual
functioning of financial institutions in different Islamic countries and
also to study in depth the entire literature on Islamic Economics
which is in the process of evolution such as -
1. 'Banking without Interest' by Dr. Nejatullah Siddique.
2. 'Some Administrative Aspects of the Collection and Distribution
o f Zakat and the Distributive Effects o f the Introduction of
Zakat into Modern Economics' by Mr. Raquibuz Zaman.
3. 'Monetary and Fiscal Economics o f Islam' edited by Mohammed
Ariff: (Selected papers presented to the Seminar on the
International Monetary and Fiscal Economics', held at Mecca
on October 7-12, 1978).
4. Journals of King Abudul Aziz University Islamic Economics,
Jeddah.
5. 'Money and Banking in Islam and Fiscal Policy and Resource
Allocation in Islam', by Dr. Ziauddin Ahmed, Dr. Munawar Iqbal
and Dr. M. Fahim Khan (Papers and proceedings of the Seminar
on Islamic Economics held at Islamabad in January 1981).
Incidentally, it can be stated here without exaggeration that the
Islamic research scholars working at Islamabad, Jeddah and Leicester
will stand to gain if they critically study the approach of this thesis
on the subject of interest-free economy. (It may be noted that some
Christian economists like Demant and a German economist, Silvio
Gessel, also plead for interest-free loans.)
The intellectual pursuits of these Islamic economists are
praiseworthy inasmuch as they are striving to bridge the gap
between the static fundamentalism and the dynamic character of the
present-day economic scene. However, their task is complicated by
the fact that while they are called upon to evolve a
'Weltanschauung'* for the global 'Ummah', i.e., the world community
of Muslims, they are also required to evolve a 'strategy for survival'
for the Muslims who reside in predominantly non-Muslim countries.
"The Muslim Manifesto - a strategy fo r survival," issued by the
Muslim Institute of Great Britain on the occasion of the All-Britain
See Appendix II
Quo Vadis 69
Muslim Conference held at London on 14 July 1990, was the first
organised effort to carry out the latter task. Another hurdle these
economists will have to cross is the attitude of the Muslim rulers
who are prepared to finance this project but unwilling to follow its
findings in practice. They are enamoured of the western economic
order. For example, there is no place for stock exchange in Islamic
economics, because it is an institution for monopoly in economy.
But no Muslim ruler will dispense with stock exchange and other
monopolies. Theirs is a case of schizophrenia in this respect.
However, all seekers of truth would appreciate the idealism and
the perseverance of about two hundred Islamic economists, scholars
and thinkers who are conducting their research "to find Islamic
solutions for modern economic crisis and conflicts for which
contemporary economic ideologies have failed to provide satisfactory
answers."
Anyway, one thing is certain. Those who are determined to
discover or evolve non-western pattern of economics in keeping with
the spirit of their own culture, should possess, apart from academic
intelligence, the moral courage to declare fearlessly that -
(1 ) "The different stages of economic evolution infer communist society and
slavery, capitalism and then the fin al communism that is fin al
communist society. When it is dialectical materialism described as a
common phenomenon in the history of the mankind, really it has no
existence whatsoever outside the European history. These stages
were never passed through by any people outside Europe." (M o h m e d
K u tu b .) A n d -
(2) "The western paradigm is not the universal model of progress and
development." (C lau d e A lv a r es).
70 Third Way
PART-VIQ
Though this is the first ever comprehensive effort to spell out
the Hindu Economics in all its aspects, the nationalist organisations
operating in the economic field were striving, in the light of the
Sanatoria Dharma, to evolve formulations to meet the challenges of
modern times. No doubt, their efforts were sectional, confined to
their respective spheres of activity. But this exercise has been going
on for the last forty years.
See, for example, the following sample formulations.
Bharatiya Mazdoor Sangh has been active in the economic field
since 1955. While it is neither possible nor necessary for the purpose
of this book to give a gist of the entire Bharatiya Mazdoor Sangh
literature, we are presenting here two of its formulations as samples
of its organisational thinking.
I
The surplus value of labour is managed and deployed by:
Employers Under Capitalistic order.
(Accountable to
themselves)
State Under Communistic order
(Accountable to
the party)
Workers Under Bharatiya order
(Accountable to the
Nation)
n
The industrial structure in future would continue to be complex,
with various patterns of ownership existing side by side. But greater
stress will have to be laid on setting up industries which will be :
Financed by Commoners
Owned by Workers
Supervised by Institutions (Financial)
Decentralised by Technologists
Quo Vadis 71
Served by Experts
Co-ordinated by Planners
Disciplined by Parliament
Assisted by State
Utilised by Consumers
Governed by Dharma
But this treatise stands on a different footing. The Hindu
Thought, waiting to get projected in modern context, suffered from
one disadvantage. It was a paradoxical situation. Those well-versed
in Hindu Scriptures were not acquainted adequately with the western
thought. And those proficient in the latter were sufficiently ignorant
of the former.
The fact of the matter is that on account of their contempt for
everything Hindu, many of these 'intellectuals' have not cared to
study the Sanskrit language, - much less its arsha (archaic) form.
Whatever knowledge they gathered about Sanskrit texts was through
their English translations - mostly by European scholars who had
not understood accurately the letter and the spirit of the language
which was foreign to them. The 'arsha' languages of the Vedic
literature was Greek and Hebrew to them. Even texts in classical
Sanskrit received shabby, casual treatment at their hands. They
described the 'Ramayana', the 'Mahabharata', the 'Manusmriti' and
the 'Arthashastra' as 'mythological books'.
The wiser among them, therefore, considered it as a colossal
waste of time and energy to study the 'Ramayana' with its seven
books known as 'Kandas' divided further into several 'sargas'
i.e., cantos; the 'Mahabharata' with its eighteen books known as
'Parvas'; the 'Manusmriti' with its twelve chapters; and the
'Arthashastra' with its fifteen 'Adhikaranas' and 150 'Prakaranas'.
That the authors of various other Smritis and the predecessors of
Kautilya were not taken cognisance of by them was not at all
surprising. Because of such prejudice, they could not even suspect
that the origins of modern economics could be found in the most
ancient book of mankind, that is, the 'Rig Veda'.
In this context the following observation of K.T. Shah is
noteworthy. In his 'Ancient Foundations of Economics in India', he
remarked:
72 Third Way
"Economics is a social science, concerning man in his everyday
life and pursuits, which would be im possible without
association, organisation and concerted action to
pre-determined ends. And it is the peculiar richness of India's
ancient civilization that her seers and sages had recognised
these basic facts, almost in the dawn of our recorded history, even
if not in the twilight of one epic age or the last horizons of our
Vedic beginnings."
"Modern attem pts at a rediscovery o f our past and its
reconstruction are not actuated merely in a vain sense of self-
complacency, or fruitless pride of glorious ancestry. They are
rather accepted ideals, and working institutions of a socio
economic character can be traced to their foundations thousands of
years ago. And if today we perceive any weakening o f the
superstructure, if today we perceive any complexity through which
it is difficult to pursue a ll the ramifications o f growth or
development, if today we fail to find a solution to the problems that
face us for the moment by research into our ancient foundations, it
is because, in the intervening centuries, so much of superfluous,
uncongenial or undigested alien material has been overlaid on
those foundations, that it becomes impossible even to understand
the meaning or purpose, and to perceive the roots which could
furnish some satisfactory explanation o f the nature o f these
problems, and the way they were dealt with in those remote days
of India's native empires."
Dr. Bokare had been a confirmed Marxist for decades. In his
enthusiasm for party propaganda, he often converted his class-room
into the recruiting ground for Communist Party. As a learned
professor of economics, he was simultaneously an authority on
classical economics and neo-classical economics. He was quite at
home with all its exponents, from Adam Smith, Ricardo and Malthus
to Samuelson.
Our sages have remarked that absence of dogmatism is the fruit
of genuine intellectualism. ‘5 %: wm; 3rmrg':i’ Intellectual honesty of
Dr. Bokare inspired him to study in depth the entire literature of
Islam and Christianity from this point of view, the Gandhian
economics, and finally, the Hindu Shastras also. He has been
considered as an authority on Gandhism and his book 'Economic
Theory o f Sarvodaya' has been recognised as a standard wok on
that subject. He was thrilled to find that Vedic economics stands for
( 1 ) abundance of production as a result of the principle of genuine
competition, resulting in its turn in the trend of declining prices, and
Quo Vadis 73
(2) the direction of economic development capable of eliminating
many economic categories of modern economics. His resolve to
undertake the unfoldment of Hindu economics as his life mission has
been the culmination, the mature fruit, of his life-long penances as a
scientific thinker. It can, therefore, be stated safely that Dr. Bokare
has taken sixty-seven long years to write this thesis, 'Hindu
Economics.' And, then, this is his first step in his long march in this
direction. He is convinced that Hindu economics consummates all
that is noble in Quran, Bible and Gandhian economics. In 1984, he
had predicted the collapse of communism; in 1992, he declares that
Hindu Economics is the Economics of the Future.
The speciality of this book is that it fulfils the most urgent need
of the hour. Earlier, different modern scholars of repute conversant
with different aspects of Hindu economics have furnished the
readers with the voluminous information on the subject in academic
style. As academicians their merit is indisputable. They are great in
their own right. Their contributions are valuable. Prominent among
them are K.T. Shah's 'Ancient Foundations o f Economics in India';
K.V. Ramaswami Iyengar's 'Aspects of Ancient Economic Thought';
Ramakrishna Mission's 'Cultural Heritage o f India', Vol. II (pp.
451-464, and pp. 655-677); K.G. Gokhale's 'Indian Thought Through
Ages' pp. 49-75); K.M. Munshi and R.R. Diwakar's 'Hindu
Civilization'; Altekar’s 'State and Government in Ancient India';
Jayaswal’s 'Hindu P o lity’; Ghoshal's 'Hindu Revenue System';
Mookharji's 'Local Government in Ancient India'; the works of
A.N. Bose, S.K. Maity and S.K. Maitra. But all of these illustrious
authors wrote during a period when there prevailed a sort of
ideological stability in the western mind, adherents of each western
ideology following their respective articles of faith with full
conviction and dedication, with blind faith in the inevitability of the
ultimate triumph of their own 'scientific' ideology. The process of
disillusionment started after the October 1987 crash in the capitalist
camp and publication of 'Perestroika' in the communist world. The
psychological status-quo was upset. That "There lies more faith in
honest doubt" was gradually realised even by fanatics in both the
camps. All of them perceived the consequent ideological vacuum
leading them to frustration. 'Hindu Economics' of Dr. Bokare is
appearing on the scene at this critical juncture. And it boldly
pledges to fill the vacuum and indicate the 'Third' way which may
ultimately be recognised as the 'Only' way. This work is the
74 Third Way
harbinger of what Dr. P.R. Brahmananda appropriately termed as
'Dharmanomics
Recapitulation of whatever has been unfolded in the following
pages may appear to be superfluous, - even redundant. But, for the
convenience of understanding, the salient features of the picture that
emerges out of his unfoldment may, however, be sketched out in the
following manner.
The WESTERN and the HINDU; - these are the two entirely
different paradigms with their entirely different value-systems,
institutional arrangements and parameters.
WESTERN HINDU
Compartmentalised thinking : Integrated thinking
Man - a mere material being : Man-a physical-mental-intel
lectual-spiritual being
Subservience to Artha-Kama ,; Drive towards Purushartha
Chatushtaya
Society, a club of self- : Society, a body with all
centred individuals individuals therein as its limbs
Happiness for oneself : Happiness for all
Acquisitiveness : 'Aparigraha' (non-possession)
Profit motive : Service motive
Consumerism : Restrain consumption
Exploitation : Antyodaya'
Rights-oriented conscious : Duty-oriented consciousness
ness of others' duties of others' rights
Contrived scarcities : Abundance of production
Economy of rising prices : Economy of declining prices
Monopoly capitalism through : Free competition without
various devices** manipulated markets
Economics*
This paper is not intended for extensive and detailed criticism of
current official policies. It is primarily concerned with the general
perspective. The general direction of economy, as has become
evident from various indicators, is, however, distressing. It would not
be inappropriate to state a few facts here indicative of the impending
catastrophe. These are only illustrative, and not exhaustive. As a
matter of fact, politicians and newspapers have already enlightened
the general public about many aspects of this subject.
The facts that invite our attention are our dwindling foreign
exchange reserves; the craze on the part of the Government to
export gold by way of pledging it to secure expeditiously a much-
needed loan to tide over the Balance of Payments (BoP) crisis; the
steep devaluation of rupee; the budget indicating shameless
surrender to foreign capital; and the new industrial policy.
The statement on Industrial Policy and the Budget 1991-92
presented to Parliament on July 24 are documents drafted at the
instance of the International Monetary Fund.
During the last decade, the domestic debt increased six-fold from
Rs. 48,451 crores in 1980-81 to Rs. 2,79,528 crores in 1990-91. The
ratio of internal debt to GDP increased from 35.6 per cent in 1980-81
to 54.4 per cent in 1990-91. The external debt of India at the end of
1989 was $ 62.509 billion which at the current rate of exchange would
be a bit more than Rs. 1,56,272 crores. Including the borrowings of
1990, this figure comes to about Rs. 1,70,000 crores, though the
official estimates mention the total external debt as Rs. 1,20,000
crores.
The total assets of the Central Government comprising capital
investments and loans advanced have increased from Rs. 59,670
crores at the end of 1980-81 to an estimated Rs.2,36,619 crores at the
end of 1990-91. In the same period the liabilities of the Government
have increased from about Rs. 65,000 crores to Rs. 4,50,000 crores.
T h is paper w a s circu lated and d isc u sse d am on g in tellectu als in O ctob er 1992.
Economics 77
The trade balance which is negative adds up to Rs. 77,939
crores. In terms of U.S. dollars this will come to $ 64.22 billion. After
devaluation, it means about Rs. 1,60,000 crores.
The squander-mania, the corruption, the irresponsible race for
personal gains gathered momentum after the exit of Shri Lai Bahadur
Shastri.
The present gestures of Dr. Manmohan Singh are due to the
cumulative effect of the wrong policies pursued since then. As he
remarked in his budget speech, the room for manoeuvre, to live on
borrowed money or time, does not exist any more.
To state only a few facts as specimens:
The new industrial policy has already allowed 51 per cent foreign
equity with automatic approval in 34 high-priority industries. But the
Government will not be averse to 51 per cent equity without
automatic approval in other delicensed areas except the 8 industries
reserved for public sector, 18 industries requiring compulsory
licensing and over 800 items reserved for small scale sector.
A company with foreign equity upto 51 per cent would now be
treated at par with any other Indian company. The Government
could allow 24 per cent equity participation in the small scale sector
by both domestic and foreign managed companies in India. It would
also now be possible for big units to produce items reserved for
SSIs, though their equity participation in the latter will be restricted
to 24 per cent. The idea has been to provide access to the capital
market and also to encourage modernisation of SSIs. Through this
device, the big ones will be able to usurp some of the concessions
meant for the small ones.
The character of the public sector is sought to be changed by
selling a part of the equity to financial institutions and the general
public, a gesture which can be taken advantage of by the monopoly
capitalists only. Companies are effectively controlled by monopolists
though they hold only a small part of the share capital; in the large
industrial houses, private capital is often less than 10 per cent,
public funds constituting 90 per cent of the capital.
Unrestricted technology imports, in a regime of unfavourable
balance of payments, and foreign indebtedness without any incentive
78 Third Way
for use of indigenous technology would only intensify the imports
of items that could be indigenously made available.
After removing the restrictions on asset limits, regulation of the
monopoly houses by the MRTP Commission (the Monopolies and
Restrictive Trade Practices Commission) will be even more difficult.
The proposed privatisation of public sector will lead to replacement
of social perspective by private profit motive.
While it is a fact that unless industry prospers, labour cannot
benefit and that perpetuation of inefficiency in industry would not
be beneficial, it is also true that in Bharat, efficiency cannot be the
sole criterion and that it must be balanced by the need to expand
employment avenues. Retraining of the workers is the necessary
requirement of a new technology. But it is misleading to state that
through such retraining the displaced workers can be re-deployed in
the same industry. Their number is usually small. The number of
those who cannot be retrained is much larger because of the
sophistication of new technology. They will be thrown out of
employment. Fresh employment avenues will have to be opened for
them. The cost of technological change and modernisation should
not fall on workers.
Still more distressing is the apathy of the people to their own
self-interest as well as the national self-respect.
The Hindu Nationalists were the first to caution the people
against the danger of the foreign economic imperialism. The
statement issued by Shri Guruji after the Tashkent Agreement
stressing the need for national self-reliance and forewarning the
people against arm-twisting by foreign powers was ridiculed by the
'radicals’ as fantastic nonsense. The various organisations managed
by the Swayamsevaks have been exhorting all patriots to forge a
united front to fight the mighty demon, viz., foreign economic
imperialism. For more than a decade they have been categorically
declaring that 'debt-trap' is 'death-trap', that we are already under
economic slavery and that further major policy decisions on
economic front would be taken, not by New Delhi but by the
capitals of the foreign countries.
It was amusing to note that our politicians were criticising every
official measure as if it was an isolated event. No measure, be it
Economics 79
devaluation or budget or anything else, is an event in itself; it is an
integral part of the process that is continuing since 1966.
And now we have reached a stage where the line of
demarcation between the so-called 'liberalisation' and "national self
liquidation" has become extremely thin and almost vanished.
Our intellectuals are familiar with the fashion of 'model' making,
For example, Growth Models of Prof. P.C. Mahalanobis, Harrod and
Domar and Keynes and H.W. Singer; Balanced Growth Strategy of
Prof. Nurkse and W.A. Lewis and Unbalanced Growth Strategy
propounded by Hirschman; theory of Big Push propounded by M.I.T.
Study Group and Rosenstein-Rodan; theory of Critical Minimum
Effort propounded by Prof. Harvey and Leibenstein; theory of Back
Wash Effect and Spread Effect tendencies explained by Prof. Gunnar
Myrdal, etc.
From Adam Smith to Samuelson the economic thinking of the
West has covered a long way. True, in the communist world there
had been no great thinkers after Lenin and Mao; but in the rest of
the West, thinking in the economic field has been pragmatic,
dynamic and forward-going, without being too much worried about
the direction of such advance. For example, in modem times, Lionel
Robbins defined 'Economics' in terms of unlimited wants and relative
scarcity of resources, necessitating choice. Robbins paved the way
for "Positive Economics" which is concerned with "what is" rather
than "what ought to be" (Normative). He said the duty of an
economist was to explore and explain, and not to advocate or
condemn. He was only for explaining the situation as it was without
any positive prescriptions.
P.J. Thomas, on the other hand, argued that the duty of the
economist was not only to explore and explain but also to advocate
and condemn.
According to Oscar Lange, Economics is the science of
administration of scarce resources.
According to Marshall, 'consumers' surplus' is the difference
between what a consumer is willing to pay for goods/services and
the price he actually pays - a very useful concept in taxation
(especially commodity taxation) and pricing of public utilities.
80 Third Way
In the analysis of public welfare, welfare economics developed
by Pigou and later writers and the public welfare policy initiated by
Lord Beveridge (i.e. womb to tomb social insurance) may be more
pertinent.
But for analysis of the 'saving-investment-income' generation
process, Keynesian model is more appropriate.
The Harrod-Domar model can certainly be a good starting-point
for understanding the plan models.
But in our context, Fei Ranis model or Lewis model with
unlimited supplies of labour may have to be understood in its
totality.
Apart from his "Back Wash" effect, Gunnar Myrdal has given
some other concepts deserving serious consideration.
The development of certain industries or areas leads to growth
of other industries or further development of its surrounding areas,
spreading the favourable effect of growth to surrounding areas
through linkages. This is termed as the 'spread effect'.
His other concepts are,
-'Forward linkage' - the development of an industry results in the
production of outputs which are used as intermediate products or
inputs by other industries. This is called 'growth propulsion'.
-'Backward linkage' - the development of those industries which
provide inputs to the industry concerned.
-Industries with higher forward and backward linkages have
greater "growth propulsion" capability, such as, steel industry.
Hence in planning industrialisation, importance should be
attached, according to Gunnar Myrdal, to selecting those industries
which have the greatest "growth propulsion" - in terms of highest
forward and backward linkages.
Application of Keynesian model for planning was attempted by
Harrod and Domar. They estimated the growth rate as a function of
Investment ratio and Capital output ratio.
Then, the pioneer of Monetarist School, Milton Friedman with
Economics 81
James Tobin and Bronfenbrenner; P.A. Samuelson, the spokesman of
modem capitalism, with Michael Solow and K. Arrow; Joan Robinson
with her theories of market; W. Leontief with his input-output
analysis; Ragnor of micro-economics; Nicholas Kaldor of Expenditure
Tax theory; Mitchell and R.C.O. Mathews with trade cycle theories;
Debreau of General Equilibrium analysis; Richard A. Musgrave on
public finance; Daniel Thorner of agricultural economics; Atkinson
and Michael Lipton on Poverty and Development; J.R. Hicks and
Kenneth Arrow of indifference curve analysis and theory of
consumer behaviour; O. Tinbergen, H.B. Chenery, R.F. Kahn with
economic development theories, - all these experts have made rich
contributions to Economics.
These theories must be studied in depth to understand the
economic structure and mechanism of the West. It will be helpful in
evolving our own m ethodology, learning from the m istakes
committed by them and the failures of their experiments. As Bernard
Shaw remarked, "Wise men learn from other people's experience, fools
from their own."
But this should not be for imitation. Even Lord Keynes wrote in
his introduction to 'General Theory': "For the author of this book, it
was a long struggle of escape from classical theory." Keynes also
expressed in his preface to 'Cambridge Economics Handbook Series'
that economics does not furnish a body of settled conclusions. It
provides the practitioner a logical tool for rational thinking.
As stated elsewhere, Gurudev Tagore has said that God has
given different question papers to different countries. And so
copying cannot help.
And, most important of all, the system developed through the
intellectual labour of all these distinguished and respectable masters,
is itself showing signs of its failure in the United States.
Many in our country may not be knowing that the U.S. has
become dependent on investors in Tokyo to finance 120 billion
U.S. dollar fiscal deficit.
The Wall Street Journal, on the occasion of its centenary, asked
"Will America's children be better off in 2005 than their parents are
now?" and answered, "Not long ago, just to ask that question
would have been heresy. Faith in the promise of the future is as
6
82 Third Way
fundamental to the American character as the bill of rights is to its
»democracy. But now that faith is being tested."
J. Hicks, a Nobel laureate, thinks that predictability is absent in
our current economic thinking. Samuelson shares this view; he
describes American economists as 'kept economists'. In 'Crisis in
Economic Theory,' edited by Daniel Bell, the helplessness of the
current economic thinking is described. 'The World's Vatican
Encyclical' mentioned on 2 May 1991 the futility of both the
systems, capitalism and communism, and urged fresh thinking. The
World Trade Union Conference held at Moscow in November 1990
highlighted the failure of market economy as well as communism and
made a plea for finding a third alternative.
But it is difficult for western scholars to immediately make any
headway in this matter, because for many a decade their minds have
been conditioned in a particular way. They may fall back upon
Christianity. But, as Kenneth Boulding of United States has rightly
remarked, demands in religious economic life will be different from
those in the capitalist economic life. Consumerism is the special
feature of the latter.
CHAPTER 5
Technology*
Recently, the government has admitted that the brain-drain
caused by migration of graduates from the various Indian Institutes
of Technology (IITs) to U.S. etc. was in the range of 40 to 60 per
cent, depending on the discipline. The IITs seem to be creating
products largely for the United States market. We are importing
technology often developed by our own IIT graduates living abroad.
It is time for us to change this situation so that our engineers get
the opportunity to develop, adapt and assimilate modern technology
within the country.
For the first time, this has been admitted officially. Modern
technology of the post-second-industrial-revolution society has
placed 'knowledge classes', i.e. scientists and technologists, in the
pivotal position. Till now, in industrial society, engineers and semi
skilled workers were in the pivotal position. In the latter society, we
have 'economic haves’ and 'economic have-nots'; in the former,
'educational haves' and 'educational have-nots'.
Education or the 'knowledge industry' would be the largest
single industry in technologically advanced countries. Technicians
include draughtsmen and designers for computers, T.V.s, cars, ship
building, aircraft industry, etc., and repairmen.
The chief characteristic of the new society will be that its
dominant figures will not be, as in the past, the entrepreneur, the
businessman, and the industrial executive; the "new men" are the
scientists, the mathematicians, the economists and sociologists, the
practitioners of the new "intellectual technology" through computer.
In the United States of America, 'manual' or blue-collar workers
make up only l/3rd of the labour force; in the European industrial
countries, they make up for 1/2 of the labour force. If computerisation
proceeds unrestrained, by 2000 A.D. the blue-collar labour force could
decrease by half a million a year; instead of increasing by one and a
half million, this would bring it down to about 10% by 2000 A.D.
* T h is paper w a s circu lated and d isc u sse d a m o n g in te lle ctu a ls in O ctob er 1992.
84 Third Way
In Britain, 2.5 workmen are employed to produce the same quantity as
one man in the U.S. If by some miracle, the present efficiency of the
U.S. is achieved in Britain, the fraction of number of production
workers could at once drop to 20%.
The new technology would exhaust the natural deposits of
metals, coal, oil and natural gas. Because of the exhaustion of raw-
material, there are natural limits to the efficiency of technology,
though uranium in the rocks and in the sea would solve the problem
for quite some time.
It is not as if the demerits of the new technology are not at all
appreciated in the advanced countries. In 1971, the SST (a supersonic
airliner) was not allowed to fly in the United States by the Congress.
This was historically the first instance of a legislature calling a stop
to 'technological progress'.
The most formidable critic of 'Technology Autonomy' is Lewis
Mumford, especially his two volumes (1) The Myth o f the Machine,
Techniques and Human Developmnt and (2) The Pentagon of Power.
Alvin Toffler in his book 'Future Shock' pleads for social
control of technology. He says that social indicators must also be
given when we are planning; there should be social control of
technology, that an office of a technological ombudsman should be
created which would be an institution to investigate into the
behaviour, conduct and misconduct of public officials. He further says
that our politicians, administrators, technologists and scientists are
having a short-term horizon. Whatever is useful immediately will
be adopted by them; they will not pause to consider the long-range
effects, over long distances of time and space. But humanity will have
to suffer.
Toffler insists that our scientists and technologists should also be
made to becom e human beings, not merely scientists and
technologists.
He believes that the present planning by scientists and
technologists is defective for three reasons : first because it is
econocentric, the whole basis being economics; secondly it is
short-ranged; and thirdly it is undemocratic in the sense that people
are not consulted as to what type of future they want for themselves.
Technology 85
Then he pleads for earlier anticipation of direct and indirect effects of
technology over distances of time and space.
Every invention will have its impact on social structure. If you
completely control genetics you are controlling every living being in
society. Then what will be the value system in society? If there are
test-tube babies, if the husband and wife have little to do in the
production of the progeny, what will happen to the family? What will
be their mutual relationship? All these problems will have to be
answered. Another scientist notes that not only the type of
advancement and the quality of advancement but even the pace of
advancement and the rate of advance are also relevant, and unless
mankind is ready to adjust itself to a particular rate of advancement,
probably that rate of advancement may overcome mankind. How to
face this new challenge? One eminent thinker says,
"Change is life itself, but change rampant, change unguided,
change unrestrained, accelerated change, overwhelming not
man's physical defences but his decisional processes - such a
change is the enemy of life."
There is nothing inherent in the evolutionary process to
guarantee man's own survival. The reaction to such great and rapid
advancement by another United States scientist by name Ralph Lap
is also worth recalling:
"No one, not even the most brilliant scientist alive today, really
knows where science is taking us. We are aboard a train which
is gathering speed and racing down the track, on which there are
an unknown number o f switches, leading to an unknown
destination. No single scientist is in the engine cab. There may
be demons at the switches. Most of society is in the cupboards
looking backwards."
Another human behaviourist, B. F. Skinner, says in his book
Beyond Freedom and Dignity:
"We need a new technology now, technology of human behaviour.
Presently we have none."
And then Dr. Lero Augustein, chairman of the department of
Biophysics at Michigan State University, says in his book Let Us Play
God:
"Science marches on, fast and furious. But all too often ability to
handle our new-found powers does not keep pace. Increasingly
86 Third Way
the advance being made in many areas o f science and
technology pose ethical and moral dilemmas which cannot be
solved by facts alone."
The westerners also realise that left to itself, a computer can no
more solve a problem than a fountain pen can write a poem, or a
cricket ball can claim a wicket. A computer is a tool, not a
handyman. A computer is not even stupid, it is brainless. A computer
cannot discover a new law of Nature, it can only apply it. A computer
is only as good or as bad as the programmer who instructs it.
The share-crash in the world-market on 19th October 1987 was
mainly due to computer operations.
As prices fell, the computer sold off shares, which brought
down the prices further, which brought more computerised sales,
which brought down the prices still further. Prices were falling because
shares were being sold, and computers were selling shares because
prices were falling.
The case of developing countries is still different.
It is generally experienced that in a developing country high-
tech industries create their own economic zones. Foreign technologies
which depend upon imported inputs and services from the same level
of technological zone, do not promote the growth of local
subsidiary industries in the surrounding undeveloped economic
zone that is functioning at a lower economic level with low purchasing
power (inadequate to purchase the products of the high-tech
industries). The high-tech economic zones thus developed
get linked with higher technological zones in foreign countries and
isolated from the low-technology economic zones in their own
country; such islands of high-technology zones surrounded by the
vast ocean of low-technology economy create crises because of the
linkage of the former with advanced foreign economies and their
isolation from the other levels of national economy. Experience
indicates that such technological linkages culm inate in the
inauguration of foreign economic imperialism.
On the other hand for developed countries, technological
obsolescence is a permanent phenomenon; and where else is the
dumping ground for their obsolescent technologies and production
processes, if not in the economies of underdeveloped or developing
Technology 87
countries? Consequently, the technological linkage is generally
between the higher developed zone of the developing country and an
obsolescent economic zone of a developed country.
Only the gullible will believe that any innovation or technology can
be equally useful under all conditions, irrespective of the stages of
development, the levels of available infrastructure, and the nature of
existing economic and social structures and their requirements. Sudden
application of a new technology, useful in one set of socio-economic
conditions, to a different economy in which those conditions are
absent may considerably upset the socio-economic life and relations
prevalent under the latter. No technology can be usefully introduced in
a new area without simultaneous introduction therein of its other
attendant factors.
The leading industrial countries use a certain, though small,
percentage of their Gross National Product to suppress pollution. The
developing countries may not be in a position to do it efficiently.
An UNCTAD study laid down the following acceptable major
policy objectives for developing countries in the use of modern
technology :
1. The creation of a social, economic and institutional framework that
would ensure the widest possible access to technology and the sharing
of its benefits so as to meet basic needs;
2. The creation of an indigenous capacity for generating technological
know-how and for applying both foreign and domestic technology that
makes appropriate use of material, human and environmental resources;
3. Control over the importance of technology through the exercise of
bargaining power, and acquisition of the ability to obtain the best terms
and conditions and to link import with the development of local
technology;
4. The development of mechanisms for mobilising mass participation
in the choice and application of technology.
For rural sector of our country, it is advisable to develop
indigenous technology with the help of locally available inputs and
skills. Bharat must have its own technological, research and
development base. There is a strong case for unification of research
work that is being conducted by research cells under the Planning
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Commission and the various ministries, so as to eliminate duplication
of work and promote efficiency.
While it is true that the requirements of defence and other heavy
industries can be met only by steel factories producing special steel,
the requirements of the rural industries can be fulfilled by rural iron
workshops; for simple appliances like plough-shares, cart wheels, etc.,
require the generally available type of iron.
It is necessary to conduct research in modern as well as
traditional, indigenous technology with a view to -
1) Evolving a National Technological Policy to determine what
portions of western technology are to be adopted, what others to be
adapted, what others to be rejected, and the areas in which evolution
of Bharatiya technology is imperative;
2) Scrutinising the traditional technology to ascertain what portions
of it are adaptable to modem conditions;
3) Developing our own indigenous technology in consonance with
our socio-cultural pattern taking this precaution that it should lead to
decentralisation of the process of production; exploring the
possibilities of converting home, instead of factory, as a production
unit with the help of power and atomic energy.
4) Introducing for the benefit of our village artisans and craftsmen,
appropriate modification in the traditional techniques of production,
without enhancing the risk of (a) increase in unemployment, (b)
wastage of available managerial and technical skills, and (c) complete
decapitalisation (partial decapitalisation is understandable) of their
existing means of production.
CHAPTER 6
Environment*
Shrimati Indira Gandhi gave a pleasant surprise to the world
environmentalist meet at Stockholm (1972) when she told them that
her country had been ecology-conscious right from the early Vedic
period.
That has not been the case with the West.
Probably, the concern for conservation of Nature was expressed
for the first time in English literature by W. H. Hudson in his
'Green Mansions', published in 1904. But it was only a novel, a
tropical romance, not a scholarly thesis.
After a long experience in high-tech industrialisation, some
western thinkers have now come to conclude that western
technology is eco-destructive and socially disintegrative. It is Nature-
destructive and society-disintegrative because it has only one goal -
industrialisation. The modern Cartesian reductionist philosophy has
pitted man against Nature as if man himself is not part of nature.
It permits ruthless destruction of Nature in the service of the
ever-growing appetites of man. The result is serious depletion of
natural resources, grave disturbance of the eco-system and a level of
pollution that is increasingly endangering all life-forms.
The modern industrial system consumes tremendous amounts of
non-renewable raw-materials and energy sources. Progressively
greater utilisation of renewable energy sources and renewable
materials is not feasible under the modern system and this results in
the pollution of air and water. The system discourages evolution of
the region-specific technologies which can utilise locally available
resources to satisfy local needs using technical and managerial skills
of local people.
The pollution per inhabitant in the upper fifth of the world is
about fifty times more than in the other four-fifths, and full industrial
development of underdeveloped countries might raise the world
Humanism:
Western and Integral
Today we are suffering from a number of maladies in every field
of national life. But a close scrutiny of each one of them would
reveal that the root-cause lies in our deviation from our 'Swabhava'
and 'Swadharma' which is the 'Ekatma Manava Darshan' (Integral
Humanism). Today we are victims of regionalism, linguism, casteism,
communalism, sectarianism, and other disruptive tendencies. But we
are aware that our Swadharma had once raised us to the level
higher than that of the homocentric West. Homocentricism of the
West finds its typical expression in the following words of a
character in Gorky's play, 'The Lower Depths':
"All things are part of man, all things are for man." The Vedas
recognised that "All is one." But our self-oblivion consequent to the
impact of western civilisation has degenerated every one of us into
the worst type of individualism . The sooner we return to our
original 'Swabhava' the better for all of us.
The practical implications of homocentricism are not yet being
adequately understood in our country. It is because of the ignorance
about many relevant facts. For example, how many have taken
cognisance of the fact that rabbits, guinea-pigs, dogs, frogs, mice
and monkeys, etc., are brutally and painfully kept alive or killed for
cosmetic testing, apart from pharmaceutical research? How many
have noted the cruelty to animals at spectacles, sports, films and
fiestas? The sad plight of hogs, sables, camels and sheep? Once in
every ten minutes, a great whale is dying in indescribable agony
somewhere in the world. Whales are gentle, sensitive and non-
aggressive, unlike sharks.
The dolphins, known for their intelligence, are exploited to
become performing artists. The same is the fate of bears, monkeys,
dogs, snakes, mongooses, cocks and parrots. The gentle and
graceful antelopes are trapped for their beautiful skin and antlers.
The elephants are killed for a needless desire - ivory. The budgerigars
(love-birds) are given life imprisonment for the crime of being
pretty. Puppies, when unwanted, are m ercilessly destroyed.
Humanism : Western and Integral 97
There is unnecessary torture and killing of animals in the name of
beauty, glamour, vanity fashion and art.
Do our fashionalbe ladies know that shampoos, lipsticks, tooth
pastes and soaps could contain animal fats, which could be either
beaf or mutton tallow; that perfumes, especially of high quality, can
contain sexgland secretions from various animals; that stearates,
stearic acid, oleic acid, glycerine, glycerol, gelatine oestrogen, musk,
ambergris - each one of these is derived from animals, and that
animal fats and tallow-derivatives can be substituted by non-edible
vegetable oils in many coetics plants, and that the pursuit of beauty
need not lead to animal-based products?
A common man is not aware of the cruelty to the bovine
species, the musk deers, honey-bees, fish, civet cats, loris, silk
moths, tortoises, squirrels, oysters, leopards, ostriches, lizards, lynxes,
fox-cuts, turtles, pregnant mares, kangaroos, and beavers.
This is the homocentricism of the West. A few organisations like
the S.P.C.A. (Society for Prevention of Cruelty to Animals) or the
BWC (Beauty Without Cruelty) have succeeded in getting some
pieces of legislation enacted in different countries, but they have not
yet made much impact on the materialistic mind of the West. They
are making commendable efforts "to create and enlighten public
awareness of the totally unnecessary torture and killing of innocent
animals, in the name of beauty, glamour and art; to put an end to all
brutality to animals, to develop through research, products which are
effective alternatives to cruelty-derived ones; to make available and
encourage the use of products which do not contain any animal
ingredients and which are not tested on animals; and to arrest and
prevent anti-animal activity either current or planned, and to take
prompt remedial action." They are trying to appeal to the conscience
of the West that all animals are born with an equal claim to life and
to the same rights of existence as man enjoys, and that it is the duty
of man to use his knowledge for the welfare of all animals. In the
words of Shakespeare -
"O, it is excellent
to have a giant's strength,
But it is tyrannous
to use it like a giant."
(Measure for Measure, Act 11, Scene 2)
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Anyway, different varieties of 'humanism' in the West are not so
far above this homocentricism. Humanism of the kind of Shibi Raja is
qualitatively different from that of the West.
In India 'Beauty Without Cruelty' has succeeded so far in getting
the Government to prevent the skinning of karakul lambs within 48
hours of their birth for their soft, curly fur and to ban (1)
the export of monkeys for painful experiments; (2) the import of the
unweaned calf less than 2 weeks old slaughtered for rennet, and (3)
the export of frog-legs chopped barbarically leaving the other half
quivering with life. It has also acted as an eye-opener to thousands
of people who voluntarily shun items of fur, snake-skin wallets,
crocodile-skin hand bags, leather jackets, ivory, silks, animal-based
perfumes and other such objects of vanity. The much-publicised
achievement of the BWC was the removal of one Prime Minister's fur
cap. The Wildlife Protection Act was passed in 1972. A project was
launched in 1975 to restrengthen the population of gharials. The
captive hatching of gharials in Tieverpara in Orissa was the first
report of its kind in the world.
Notwithstanding these successes, the fact remains that the
common man in our country is not fully aware of the implications of
western homocentricism. It is essential to understand the basic
differences betw een the w estern humanism and the Integral
Humanism of Pt. Deendayal Upadhyaya.
M odern western humanism could claim that it was more
progressive than the East while Christian Humanism was based in
fact on the Churchianity of St. Paul, and not on the original precepts
of Jesus Christ. It was in reality 'Church-centred Humanism', though
they termed it as 'God-centred Humanism'. In their over-enthusiasm to
oppose theocracy and the tyranny of the Church, the western
humanists denied the very existence of God. As Etienne Borne
observed, "Atheism marks itself out as a form of humanism."
According to Feuerbach, western humanism presumed that "in order
for man to becom e all, God must be reduced to nothing."
Protagoras's motto was "Man is the measure of all things." This
exclusive and lopsided emphasis on 'Man' made them anti-God on
the one hand and homocentric on the other. The following remark of
Daumer about the psychology of European revolutionaries of the
mid-19th century is significant:
Humanism : Western and Integral 99
"The frightful tortures that unfortunate beasts suffer at the
tyrannous and cruel hand o f man are fo r these barbarians
'rubblish' nobody should bother about!"
In h is 'True Humanism', M a r it a in s a y s ,
Bharatiya Vichar*
I consider it a great privilege to be present here on this occasion,
because inauguration of Bharatiya Vichar Kendra is a very important
affair according to me. I feel that it is a modest beginning of a gigantic
affair. But howsoever gigantic an endeavour it may be, the beginning
must necessarily be modest, for it is said that "even a thousand-mile
long march must begin with the first step." So, though this is a modest
affair today, it is sure to grow and therefore, I think that to be able to
be present here on this occasion is a. great privilege and honour. And
for this, I am extremely thankful to Shri Parameswaranji, who is the
main spirit behind the whole affair.
Now, we are here for the formal inauguration of Bharatiya Vichar
Kendra. This 'Vichar' is a very important word that indicates the type
of activity that is to be undertaken by the centre. Nowadays, under
democratic set-up, 'Vichar' is relegated to the background and all that
remains in political life is 'Prachar', i.e., propaganda: not seeking the
truth nor giving education, but only propaganda. Therefore, people
are accustomed more to 'Prachar' and less to 'Vichar'. Vichar is only
seeking the truth. Truth does not depend for its validity on
propaganda. If it receives mass support, well and good. But, even if it
is opposed by a vast majority, Truth stands on its own legs. Its
validity does not depend upon majority support. The seeker of truth is
objective, dispassionate, scientific in approach, devoid of prejudices,
biases, inhibitions and so on. All that he seeks is truth and nothing
but the truth. And to arrive at the truth is the reward for all his efforts;
it does not wait even for recognition. Once Rabindranath Tagore
visited the Pondicherry Ashram. He had discussions with Yogi
Aurobindo. At the end, Rabindranath asked, "Why don't you come out
to give your message to the world?" Yogi Aurobindo replied: "Truth
need not go elsewhere." That shows the type of confidence of a truth-
seeker.
Today, it cannot be said that there are no centres of the type of
Bharatiya Vichar Kendra. There are many centres, but, their approach
is not objective. That is the whole difficulty. Their approach is
* See Appendix II
8
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Obviously, the western model has miserably failed to ensure
continued stability and security for the developed countries. Their
'development' itself has become a bane, a Frankenstein for them.
THOUGHTS ON
CONSTITUTIONAL AND LEGAL SYSTEM
CHAPTER 10
Towards an Indigenous
Legal System*
i
I am aware that every activist of the Akhil Bharatiya Adhivakta
Parishad is a patriotic and responsible member of the society
comporting himself, at all times, in a manner befitting his status as an
officer of the court, a privileged member of the community, and a
gentleman, bearing in mind that what may be lawful and moral for a
person who is not a member of the bar, or for a member of the bar in
his non-professional capacity, may still be improper for an advocate;
an advocate fearlessly upholding the interest of his client and canons
of conduct and etiquette adopted as general guidelines, and thus
fulfilling his duties to the court, the client, the opponent, fellow
lawyers, the Bar Council, the persons under training and the indigent
and oppressed in need of free legal aid, and engaging himself - if at all
necessary - in part-time employment provided that the nature of the
employment does not conflict with his professional work and is not
inconsistent with the dignity of the profession. Every delegate
attending this meet is a votary of value-based life.
It is a rare privilege, nowadays, to meet such lawyers in such a
large number in one congregation. I am therefore extremely thankful to
the conveners of this conference for providing me this golden
opportunity. I heartily welcome all the delegates whose presence here
has revived my hopes about the future of the legal profession, as well
as the future of the country through the invaluable contribution of
this dignified profession.
We are meeting here at a time when all those concerned with the
future of the country are becoming increasingly sceptical about the
efficacy of the present legal system, doubting seriously whether today
the 'Right is Might' or the 'Might is Right'. It is true that, as T. K.
Oommen explains,
"The social milieu in the Indian context is constituted by (a) the
persistent values o f the old social order, (b) the aspired values
o f the evolving new society, (c) the incongruity or mismatch
* Inaugural address to Akhil Bharatiya Adhivakta Parishad at New Delhi on 7
September 1992.
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between these two, and (d) law as a system-stabilising and/or
change-promoting instrument in society", and that "the important
elements of legal milieu are (a) the process of law-making, (b) the
style of law-implementation, (c) the mechanism of dispute
processing, (d) the response of those involved in disputes (the
attitude and behaviour of litigants) to the legal institutions, and (e)
the personnel in interaction in dispute-processing - judges, lawyers,
court officials, police and para-professionals (e.g., lawyers' clerks).”
Comprehensively viewed, legal professionals comprise a variety of
occupational categories - jurists (academic lawyers and scholars),
judges and magistrates, practitioners of law and legal advisers, legal
technicians (e.g., petition writers) etc. But ours is a congregation of
practising lawyers who can, more than any other category, influence
the nature and the character of the legal system. Unfortunately, the
prestige of the legal profession is declining today. And along with it is
declining the prestige of the legal system. Hence the scepticism, if not
cynicism, of a common man. Consequently, it can be stated without
exaggeration that the timing of this gathering of the legal luminaries
has enhanced its importance, significance and utility.
Of course, a common man is not expected to be conversant with
all the intricacies, niceties and subtleties of law and the constitution,
but his common sense often enables him to perceive instinctively some
of the facets of reality that often escape the notice of learned experts.
He fails to understand, for example, why a number of Conventions of
the International Labour Organisation (ILO) are not yet ratified and
implem ented; why in keeping with the letter and the spirit of
Article 44 there has been no effort to evolve a uniform civil code; why
Article 370 introduced initially as a temporary measure is being
recognised as a perm anent feature and an integral part of the
Constitution; why Articles 29 and 30 are not being interpreted in a
manner so as not to encourage separatist tendencies and 'minorityism';
why steps are not taken in pursuance of Article 48, for preserving and
improving the breeds and prohibiting the slaughter of cows and calves
and other milch and draught cattle; why the number of courts is not
being increased on the slippery plea of lack of funds - when the
unprecedented arrears of cases are an obvious fact, and justice has not
yet become cheap and expeditious - a fact resulting inevitably in the
denial of justice to an unprecedented extent, since justice delayed is
justice denied; why power of judicial review, which was intended to be
a curb on arbitrariness of the executive, is being allowed to be
Towards an Indigenous Legal System 121'
misused; why universally accepted criterion for the appointment of
judges is being ignored in a number of cases; or objective assessment
of the need for the review of law and the judicial reforms is not yet
being undertaken. Obviously, this enumeration is only illustrative, and
not exhaustive: firstly because the lawyers are quite aware of the
misapprehensions in the mind of a common citizen, and, secondly, I
may be crossing the limits of propriety if, in this attempt, I prejudge
the issues you are going to discuss and decide in course of this
conference.
The fact of the matter is that those who were in charge of the
destinies of Bharat after the transfer of power were blind followers of
their colonial masters and their systems, forgetting the fact that our
course of historical development has been entirely different from that
of Great Britain, and the Westminster model cannot be suitable for a
country with pluralistic society and a very high percentage of illiteracy
and poverty. They were ignorant of the Bharatiya ethos and the
systems evolved under it. The 14th report of the Indian Law
Commission was wrong in asserting that
"Had the ancient system (of law) been allowed to develop
normally, it would have assumed a form not different from the
one that we follow today."
This observation had been made on the strength of ignorance
and was not the outcome of first-hand knowledge of Bharatiya order.
It was fashionable, though incorrect, in those days to state that
Modern Indian Law "is unmistakably Indian in its origin and
outlook." Such a statement served the political purpose of the rulers,
but it was not in keeping with the actual facts. Our leaders did not care
to study in depth the Bharatiya systems. But, what was worse, they
did not even assimilate the real spirit of the Britishers and their
systems. Thus they managed to miss the best of both the systems.
The scene immediately after the transfer of power proves the
intellectual slavery of our leaders.
Lord Mountbatten was the first Governor-General of Free India.
The Indian Army continued to be under the Supreme Command of
the British Commander-in-Chief, General Boucher, for two years
after August 15, 1947. Our Defence Services Education continued to
be in their hands. The first Government of Free India retained the
previous administrative habits and procedures, from parliamentary
procedure to those of the secret files on the lower staff, introduced
and evolved by the colonial administration to preserve law and
order. In April 1948 Jawaharlal Nehru told the Constituent Assembly:
122 Third Way
"One has to be careful about the steps one takes so as not to injure
the existing structure too much - / am not brave and gallant enough
to go about destroying any more."
Cautious but not dynamic, in spite of revolutionary slogans! One
is compelled to agree with the following observation of Nagi Reddy:
"Whatever the outward changes in political control, nothing
essential has changed either in our social set-up or in our
economic organisation."
The same holds good regarding our legal system also. Alladi
Krishnaswami Aiyar said:
"We are not starting a constitution anew after a revolution. The
existing administrative structure which has worked so long
cannot be altogether ignored in the new framework.”
So also the colonial legal system of trial. The colonial laws are
carried over and their procedures retained.
To cite a single example, see the system of trial. Our traditional
system is investigative. It can fully serve the purpose of justice. The
British system is accusatory. Lord Denning says:
"In the system of trial which we have evolved in this country, the
judge sits to hear and determine the issues raised by the parties,
not to conduct an investigation or examination on behalf of
society at large, as happens, we believe, in some foreign countries."
After explaining the current British system, Lord Denning says:
"So firmly is all this established in our law that the judge is not
allowed in a civil dispute to call a witness who he thinks might
throw some light on the facts. He must rest content with the
witnesses called by the parties...so also it is for the advocates,
each in his turn, to examine the witnesses, and not for the judge
to take it on. himself lest by so doing he appear to favour one
side or the other. The judge's part in all this is to hearken to
the evidence, only himself addressing questions to witnesses when it
is necessary to clear up any point that has been overlooked or
left obscure; to see that the advocates behave themselves seemly
and keep to the rules laid down by law; to exclude irrelevancies
and discourage repetition; to make sure by wise intervention
that he follows the points that the advocates are making and
can assess their worth; and at the end to make up his mind
Towards an Indigenous Legal System 123
where the truth lies. If he goes beyond this, he drops the mantle
of judge and assumes the robe of an advocate - and the change
does not become him well."
Every court has to depnd on witnesses. It is vital to the
administration of justice that they should give their evidence freely
and without fear. Under the present situation, where there is a nexus
between politicians and criminals - when politics itself is being
criminalised, is it practicable to get reliable witnesses who would speak
out freely and fearlessly in the face of money power and muscle
power?
Denning finds the British legal system inadequate in yet another
respect. According to him,
"There has been no lowering of standards. But there is this
difference today. Public men are more vulnerable than they
were; and it behoves them, even more than ever, to give no
cause for scandal. For if they do, they have to reckon with a
growing hazard which has been disclosed in the evidence I have
heard. Scandalous information about well-known people has
become a marketable commodity. True or false, actual or
invented, it can be sold. The greater the scandal, the higher the
price it commands. If supported by photographs or letters, real
or imaginary, all the better. Often enough, the sellers profess to have
themselves as participants in the discreditable conduct
which they seek to exploit. Intermediaries move in ready to assist the
sale and ensure the highest prices. The story improves with the
telling. It is offered to the newspapers. There are only a
few of them who deal in this commodity. They vie with one another to
buy it. Each is afraid the other will get it first. So they buy it on
chance that it will turn out profitable. Sometimes it is
no use to them. It is palpably false. At other times it is credible. But
even so, they dare not publish the whole of the information. The law
of libel and the rules of contempt of court exert an effective restraint.
They publish what they can, but there remains a substantial part
which is not fit for publication. This unpublished part goes round by
word of mouth. It does not stop in Fleet Street. It goes to
Westminster. It crosses the channel, even the Atlantic and back
again, swelling all the time. Yet without the original purchase, it
might never have got started on its way... When such deplorable
consequences are seen...., the one thing that is clear is that something
should be done to stop the trafficking in scandal for reward."
Thirty years ago Denning had touched yet another aspect in his
Freedom under the Law. He remarked:
124 Third Way
"Our procedure for securing our personal freedom is efficient,
but our procedure for preventing the abuse of power is not. Just
as the pick and shovel is no longer suitable for the mining of coal,
so also the procedure of mandamus, certiorari, and action on the
case, are not suitable for the winning of freedom in the new age. We
have in our time to deal with changes which are of equal
constitutional significance as those which took place 3000 years ago.
Let us prove ourselves equal to the challenges."
But, again, about keeping the balance between freedom and
security, he observes:
"It (i.e., freedom) must be matched, of course, with social security,
by which I mean, the peace and good order of the community in
which we live. The freedom of the just man is worth little to him
if he can be preyed upon by the murderer or the thief. Every society
must have means to protect itself from marauders. It must have
powers to arrest, to search and to imprison those who break its
laws. So long as those powers are properly exercised, they are the
safeguards of freedom. But powers may be abused, and if those
powers are abused, there is no tyranny like them."
This was the state of affairs in Britain three decades back. In
India, this state of affairs prevails today. But mark the difference
between the attitude of the Britishers and that of our leaders. There
is marked difference between the British law on this point thirty
years ago and the law as it stands today. Accepting the challenge,
previous decisions have been departed from; many long-accepted
propositions have been overthrown; "ouster" clauses have
themselves been ousted; and literal interpretation has gone by the
board. All in support of the rule of law. All done so as to curb the
abuse of power by the executive authorities. In our country, we have
failed to achieve this. We are still inheriting the negative points of
the colonial legal systems.
In The Discipline o f Law Denning's theme is that
"The principles of law laid down by the judges in the 19th
century - however suited to social conditions of that time - are not
suited to the social necessities and social opinion of the 20th
century. They should be moulded and shaped to meet the needs
and opinion of today."
He explains how the British law has tried to keep pace with the
times in respect of, among other things, divorce, the disputed
property rights and the custody of children; the deserted wife's
equity and wife's share in the matrimonial home; a seizure of
Towards an Indigenous Legal System 125
assets so as to conserve them for the creditor in case he should
afterwards get judgment; the construction of documents according to
the "schematic" method of interpretation instead of the traditional,
strict constructionism; the position of law regarding locus standi,
enabling an ordinary citizen to enforce the law for the benefit of all,
against public authorities in respect of their statutory duties; the
means of restraining the abuse or misuse of their powers by
'voluntary organisations' against one of their own members as well as
against third persons, that is, the public at large; the effort to
narrow down the gap between strict rules of law and the social
necessities of the 20th century; the law involving negligence as an
independent and vigorous wrong - extending thereby the liability of
professional men and of public authorities; and the flexibility
regarding the doctrine of precedent.
All this indicates the vigour and the cautious dynamism of the
British legal system. Our leaders have been blind followers but on
the whole bad disciples of their intellectual masters. Apart from the
brilliant exceptions of a few idealistic judges, generally, they are
status-quoists - moving forward grudgingly only when pushed by the
violent public pressure or inspired by the purely opportunistic
considerations. They have not yet recovered from the psychological
impact of colonialism.
This congregation furnishes us with a silver lining to an
otherwise dark cloud. Probably for the first time lawyers with
patriotic fervour, sense of social responsibility, intellectual vitality,
and cautious dynamism are coming together to discuss the urgent
problems confronting their profession and the nation. It encourages
us to hope that our pleaders would succeed where our leaders have
failed.
n
Unto The Last
Right from the beginning it was evident that the Constitution was
inadequate and unable to protect the interests of the weaker sections.
Dr. Babasaheb Ambedkar is rightly described as the chief architect of
the Constitution. But the Constitution does not reflect his views
completely and accurately, because he had to accommodate the
views of various sections in the Cofistituent Assembly. He was often
obliged to evolve compromise formulae. He was of the view that:
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"Political power in this country has too long been the monopoly
of a few, and the many are not only beasts of burden but also
beasts of prey.... the downtrodden classes must not be allowed to
evolve into a class struggle or a class war.The recognition of
the class structure of society and the income structure of society
as sacrosanct, was utterly undemocratic and unrealistic. It set in
motion influences which were harmful to rational human
relationships. There were no common interests. The isolation
and exclusiveness following upon the class structure creates in
the privileged classes an anti-social spirit of a gang."
Has the Constitution succeeded in eliminating the danger?
In his concluding speech in the Constituent Assembly
Dr. Ambedkar said:
"On the 26th January 1950, we are going to enter into a life of
contradictions. In politics we will have equality, and in social and
economic life we will have inequality. In politics, we will be
recognizing the principle of 'one man and one vote, and one vote,
one value.' In our social and economic life, we shall, by reason of
our social and economic structure, continue to deny the principle
of one man, one value. How long shall we continue to live this life
of contradictions? How long shall we continue to deny equality in
our social and economic life? If we continue to deny it for long,
we will do so only by putting our political democracy in peril. We
must remove this contradiction at the earliest possible moment, or
else those who suffer from inequality will blow up the structure of
political democracy which this Assembly has so laboriously
built up."
Dr. Ambedkar was convinced that:
"it is equally essential to prescribe the shape and the form of
economic structure of society, if democracy is to live up to its
principle of one man, one value."
Subsequently, he even declared that he would publicly burn a
copy of the Constitution drafted by himself if, as he apprehended, it
failed to protect the rights of the downtrodden.
In his Competing Equalities Marc Gallanter observed:
"Indian system of preferential treatment for historically
disadvantaged sections of the population is unprecedented in
scope and extent. India embraced equality as a cardinal value
against background of elaborate, valued and clearly perceived
inequalities. Her constitutional policies to offset these
proceeded from an awareness of the entrenched and emulative
nature of group inequalities. The result has been an array of
Towards an Indigenous Legal System 127
m
Minorityism
While the idealistic humanitarians are sincerely concerned about
the m iserable plight of all the sections of the downtrodden,
irrespective of their voting strength, the worldly-wise politicians have
suddenly become the messiahs of minorities that constitute solid
vote-banks. This has given rise to the cancer of 'Minorityism.'
Justice Hidayatullah remarked:
Towards an Indigenous Legal System 131 '
"The word 'Minority' has not been defined in this Article or
elsewhere in the Constitution.... the framers of the Constitution were
aware that a comprehensive definition of 'Minorities' was difficult to
frame."
Dr. Ambedkar pointed out that since the word "minority" was
capable of a narrow interpretation and the intention was to provide
protection in the matter of culture, language, and script in a wider
sense, the Drafting Committee of the Constituent Assembly had
dropped the word ’minority1, and used instead the phrase "any section
of the citizens."
Just after India attained independence, the Constituent Assembly
on 27 August 1947, took up for consideration the Report of the
Advisory Committee on Minorities.
B. Pocker, a member, moved the following amendment which was
negatived:
"That on a consideration of the report of the Advisory Committee on
Minorities, Fundamental Rights, etc., this meeting of the Constituent
Assembly resolves that all elections to the Central or Provincial
Legislatures should, as far as Muslims are concerned, be held on the
basis of separate electorates."
Next day, that is, on August 28, Sardar Patel, Chairman of the
Advisory Committee,, said:
"Therefore, I would not have to say anything on this motion. I think
it is better that we know our minds so that we understand where we
stand. If the process that was adopted, and which resulted in the
partition of the country, is to be repeated, then I say: Those who
want that kind of thing have a place in Pakistan, not here."
Minority rights became a subject of heated public debate when,
subsequently, they were blatantly misused by the minority
communities.
In case of minority education institutions, Justice Beg and Justice
Dwivedi observed,
"It is an illusion for a minority to claim absolute immunity “
Justice Das said:
"Nor do we see any reason to limit Article 29 (2) to the citizens
belonging to a minority group other than the sections or the
minorities referred to in Article 29 (1) or Article 30 (1), for the
citizens who do not belong to any minority group may ' quite
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conceivably need this protection just as much as citizens of such
other minority groups. To limit this right only to citizens belonging to
minority groups will be to provide a double protection for such
citizens and to hold that the citizens of the majority group have no
special educational institution for the maintenance of which they
make contributions by way of taxes, is not justifiable. We see no
cogent reason for such discrimination."
In another case Justice Beg observed:
"Article 30(1) which was meant to serve as shield of minority
educational institutions against the invasion of certain rights
protected by it and declared fundamental so that they are not
discriminated against, cannot be converted by them into a weapon to
exact unjustifiable, preferential or discriminatory treatment for
minority institutions so as to obtain the benefits but to reject the
obligations of statutory rights."
As early as in 1930 itself, Dr. Ambedkar had said:
"To say that this country is divided by castes and creeds, and that it
cannot be one united self-governing community unless adequate
safeguards for protection o f minorities are made a part of
Constitution, is a position to which there can be no objection. But
minorities must bear in mind that although we are today divided by
sects and atomized by castes, our ideal is a United India. No
demand from minority should, wittingly or unwittingly, sacrifice this
ideal."
On 4 November 1948, Dr. Ambedkar said in the Constituent
Assembly:
"In this country both - the minorities and the majorities - have
followed a wrong path. It is wrong for the majority to deny the
existence of minorities, it is equally wrong for the minorities to
perpetuate themselves. A solution must be found which will serve a
double purpose. It must recognise the existence of the minorities to
start with. It must also be such that it will enable majorities and
minorities to merge some day into one."
How can this ideal stage be reached? It will be a surprise to many
in our country to know that the alternative strategies to achieve this
goal were discussed in the League of Nations immediately after the
end of the First World War. The views expressed on that occasion are
as valid and relevant today as they were at that time.
After the war, the map of Europe was redrawn creating a problem
Towards an Indigenous Legal System 133
of minority rights. The League of Nations put forth a formula of
'minority treaties'. Sir Austin Chamberlain explained in his speech at
the League of Nations on 9 December 1925, how the declared object of
the 'minority treaties' was "to secure for the minorities that measure of
protection and justice, which would gradually prepare them to be
merged in the national community to which they belonged." Was this
a case of robust optimism or mere gullibility? This risk, which the
League ran in certain states, was vividly expressed by Paul Fauchille
in his speech at the League Council on the same date, i.e., 9 December
1925. Fauchille said:
"This is a solution which perhaps is not without certain dangers;
for, if equality of treatment of all the inhabitants of a country is an
element of political and social peace, the recognition of rights
belonging to minorities as separate entities, by increasing their own
strength, may provoke them to separate themselves from the state of
which they form a part, and in view of the right of peoples to dispose
of themselves, the recognition of the rights of these minorities runs a
risk of leading to the disruption of states."
These were the two approaches. The disastrous fate of
unfortunate Czechoslovakia proves beyond the faintest shadow of
doubt, how hollow were Sir Austin Chamberlain's hopes and how
justified the apprehensions of Paul Fauchille. Because of political
expediency, our politicians have preferred to adopt an ostrich-like
attitude, learning nothing and unlearning nothing. Appropriate
pressure of the awakened and enlightened public opinion is to be
brought to bear on these power-hungry leaders who are the
Chamberlains of modern Bharat. What can be the most efficacious
instrument to accomplish this task of 'Jana Jagaran' if not the Akhil
Bharatiya Adhivakta Parishad?
IV
Human Rights
The problem of 'Human Rights' attracted much public attention
after revered Shri Balasaheb Deoras suggested that a Human Rights
Commission should be constituted instead of the Minority Rights
Commission. Justice Beg of the Minorities Commission had expressed
the same view.
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The problem of human rights has been agitating the minds of the
people for various other reasons also.
Many uncomm itted thinkers have expressed the view that
presently the 'Human Rights' concept is often referred to only in cases
of state terror and repression, police atrocities, insensitive judiciary,
ineffective habeas corpus petitions, the unlimited power given to para-
state agencies, the misuse of the Terrorists And Disruptive Activities
Act (TADA) often to neutralise the fundamental rights, and illegal
solitary confinement. They demand that a 'Human Rights Commission'
be instituted to enquire into human rights violation cases by the state.
They have made suggestions regarding jails, tortured prisoners,
encounter deaths, etc. They also feel that the concept of Human
Rights needs ideally to be extended to cover all political, social,
economic and cultural injustice towards mankind. They further feel that
its definition should include a human being's right to food, job, shelter,
health, etc., and social/political rights like freedom of speech and
expression, etc.
They have also criticised the indiscriminate use of the Official
Secrets Act. The views expressed are sometimes extreme. Often the
plea for human rights is mischievously used to cover up illegal and
anti-national activities. Nevertheless, it would be advisable in the
national interest to remember the following remark by John Stuart Mill:
"A State which dwarfs its men in order that they may be more docile
instruments in its hands even for beneficial purposes will find that
with small men no great thing can really be accomplished."
In Bharat, the Muslims are most vocal in asserting their rights. But
most of the Islamic countries, except those in South-East Asia, have
acute internal human rights problems. Gender is not at all covered by
the provisions of human rights. The governments of these countries
do not tolerate interference of any international agency in this matter
which, they claim, is strictly their domestic affair.
Even in non-Islamic countries, the Muslims are not prepared to
concede these rights to their women-folk.
'The Universal Declaration of Human Rights' is a statement of
principles approved as a common standard of achievement for all
peoples and all nations. It is not a treaty but a directive to all civilized
governments to abide by the divine laws of the Creator and urges
Towards an Indigenous Legal System 135
upon all mankind to promote worldwide respect for human rights and
fundamental freedoms.
Fortunately for us, some of our friends from abroad have not only
thorough knowledge of the Human Rights Movement, but also actual
experience of the practical working of the Human Rights Commission.
As Bharatiyas we feel that the whole thing is good so far as it
goes. But in spite of the various devices and the entire institutional
framework of the United Nations, a real guarantee for the preservation
of human rights, civil liberties and fundamental freedoms, lies in the
level of consciousness of the common man and in people-to-people
relationship on the sound basis of international understanding. The
United Nations has the same experience.
John Kleinig who is one of the authorities on the problem of
Human Rights observes:
"Unless there is love, care and concern for others as individuals, in
addition to the recognition of rights, there remains a moral lack in
international relationships. There is something morally inadequate in
doing something for another because it is the other's due. Actions
motivated simply by the rights of others remain anonymous or
impersonal, whereas if motivated by love, care or concern for the
other, their focus is on the other's particularity. Only relations of the
latter kind are morally adequate. They are person-specific, whereas
rights are species-specific."
Historian Will Durant says,
"After all, when one tries to change institutions without having
changed the nature of men, that unchanged nature will soon
resurrect those institutions."
Unfortunately, in our country the human rights movement is being
dominated by the leftists and in some cases by anti-national elements.
This situation must change. The nationalists must come forward as
champions of human rights. More than anyone else, the activists of
the Akhil Bharatiya Adhivakta Parishad are suitably equipped to
undertake this task as a life-mission.
V
The Constitution
For the legal fraternity, the Constitution is the most important
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document. The Constitution is a
"frame of political society organised through and by law, that is to
say, one in which law has established permanent institutions with
recognised functions and definite rights."
The United Kingdom gives a role to its constitution which has no
parallel elsewhere, though there is still no written document called the
British Constitution. Constitutions have a lesser place in Canada,
Norway and Sweden, but here, too, they stand to the fore. The
Constitutions of France and Germany are not without their importance,
but they have never achieved the place which they hold in such
countries as the United Kingdom, the United States, and the
Scandinavian countries. In Germany, relative lack of experience in
democratic form of government may be the reason. In France, there is
something in the national character which limits the influence of the
constitution below that found in the U.K. and the U.S.A. In Latin
American countries, constitutions are less binding as a fundamental
law. There has never been an adequate understanding of the basic
character and purpose of a constitution, though Uruguay has
progressed com paratively better towards constitutionalism .
Constitutions in most, if not all, of the Latin American states occupy a
place quite different from that it enjoys in the United Kingdom. To an
Englishman the constitution is the very foundation of government as it
serves as the fundamental law of the country. But this is not the case
in many other countries.
Thus the assumption that constitution is recognised as the most
sacred or basic public document in all the countries of the world is not
based on facts.
It is also wrong to presume that the western parliamentary
democracy is the only possible form of good government.
Representative form of government is inadequate and defective,
though every country has been modifying it in its own way from time
to time to meet the requirements of the national scene. Criticism has,
however, been levelled against democracy by many thinkers. Churchill
thought that
"Democracy is the best among the worst forms of government."
Prof. Puntambekar used to say,
"In democracy, amateur is at the top, premature at the bottom,
immature in the middle, and the mature out."
Towards an Indigenous Legal System 137
It is universally recognised that there is a gulf between direct
democracy and representative government. To bridge the gulf, a
number of devices, e.g., Referendum, Plebiscite, Initiative and Recall
are introduced. (Recently, there is a tendency to replace plebiscite by
referendum). Referendum is used in connection with constitution
amendment in Australia, Denmark, Ireland, France, Italy, Switzerland,
New Zealand, and in some of the States of the U.S.A.
But, in practice, all these devices have failed to achieve their
objective.
The institution of state has come under fire from a number of
renowned thinkers who feel that state is not an organism; it is a
machinery, and it works like a machine, without taste, delicacy or
intuition. It tries to manufacture. But what humanity is here to do is to
grow and create.
According to Shri Aurobindo, in the modern state
"There is no guarantee that this ruling class or ruling body
represents the best mind of the nation or its noblest aims or its
highest instincts."
Regarding the politician, he further says,
"Great issues often come to him for decision, but he does not deal
with them greatly."
The institution of a political party is fast losing its credibility.
Alexander Solzhenitsyn says:
"A society in which political parties are active, never rises in the
moral scale. In the world today, while we doubtfully advance towards
dimly glimpsed goal, can we not, we wonder, rise above the two-
party or multi-party system? Are there no extra-party or strictly
'non-party' paths of national development?"
We are all aware of the concept of partiless democracy and
M.N. Roy's 'People Committees'. Our leaders have not been discreet in
adopting the models set by constitutions of different countries. We
were influenced mainly by the Westminster model.
Worst of all, we totally forgot that we have our very own approach
to the problem of constitution. See the following typical reaction of P.
Koteswara Rao, a constitutional expert:
"Our Constitution is neither Indian, nor Gandhian. It is not the
people’s constitution. It is unduly perplexed, confusing and
inconsistent to reflect the nation's ethos and the people's genius in its
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provisions. It has become outmoded. The raw-material for making
the constitution is not drawn from the native soil. The inspiration is
not taken from the ancient wisdom. The needs and aspirations of the
common man are couched only in rhetorical platitudes and empty
propositions without creating any machinery for realisation. There
was no people's participation in framing the constitution. The
western concepts of political, economic and social ideologies are
imported, without relevance to the conditions. It lacks a proper sense
of priorities. It needs revision in many parts, deletions of many
portions and incorporation of many new provisions. Hence it is high
time to take stock of things realistically and boldly repeal the
constitution, lock, stock and barrel, by replacing it by the native
socialistic, genuinely democratic constitution."
Probably, even without further elaboration we can safely conclude
that taking into consideration our national ethos as well as the modem
trends of the outside world, a new constitution needs to be drafted
without further delay.
VI
The Institutional Framework
All patriots are giving a serious thought to the problem of the
institutional framework for future Bharat.
For any discussion, an appropriate point of reference is necessary.
For the present one, it must be Dharma.
Till recently, explanation or elaboration of the concept of Dharma
used to be necessary. Now the position is changed after the
publication of 'Legal and Constitutional History of India' by Justice
M. Rama Jois.
Absorbing completely all the thought-currents of the West as well
as the development of all indigenous thought-systems, Pt. Deendayal
Upadhyaya spelt out 'Integral Humanism' which is the manifestation of
Sanatana Dharma in keeping with requirements of the post-second-
industrial-revolution period. That has to be the point of reference in
the matter of national reconstruction.
Dharma in practice comprises the unchanging, eternal universal
laws and the ever-changing socio-economic order in the light of these
universal laws.
Towards an Indigenous Legal System 139
For example, morality is a universal law; the institutional
arrangements like marriage are subject to changes according to, or
corresponding to, the periodical changes in the social scene.
With Sanatoria Dharma as their point of reference, Revered Shri
Guruji and Pt. Deendayal Upadhyaya had put forth a number of
suggestions. Take, for example, Panditji's concept of Janapada. He
proposed an integrated form of government which would be unicentral
but vested with minimum powers. There would be widest possible
decentralisation of power to the lowest units through the Janapadas.
His Janapada comprised areas with common local characteristics. The
far-sightedness of Panditji was appreciated recently even by sceptical
intellectuals when, after a number of agitations, they came to realise
that Telangana, Vidarbha, Uttarakhand, Bundelkhand, Vananchal,
Gorkhaland, Nagaland and Mizoram fulfil the criterion of Panditji's
concept of Janapada.
Shri Guruji was firmly of the view that elections to the lowest
primary units must be unanimous; unless there is unanimity there
should be no elections. For us who are born and brought up in
Westminster atmosphere this would appear to be fantastic. But it is
worth remembering that Mohammed, the Prophet, also recommended
this pattern of election on some occasions. Asked what should be the
qualification for such unanimous election, the prophet said that one
who has no desire to become "Amir" should be elected as "Amir".
Another important suggestion made by Shri Guruji was about
Functional Representation. With the introduction of changes in the
techniques of production, communication, etc., most of the 3,000-odd
traditional trades became obsolete or uneconomical, and new trades
came into being. This resulted in the breakdown of the traditional
caste-system, though casteism is growing stronger for political
reasons. Shri Guruji envisaged emergence of still more highly skilled
jobs as a result of the uninterrupted advancem ent of modern
technology, causing ever-increasing inter-occupational mobility. The
process of consolidation and organization of occupational or trade
groups must be pursued and the latter given due representation on
elective bodies. The role of trade unions, chambers of commerce,
institutions of engineers, Indian Medical Association, commodity-wise
consumers' associations, etc., would be helpful for this purpose
according to him. But the vast majority of our people, such as
peasants, the managerial and technical cadres, self-employed artisans,
agricultural and forest labourers, etc., are still unorganised. Their
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occupation-wise organisation must be expedited, for successful
introduction of the principle of 'functional representation', he thought.
Regarding the soundness or otherwise of such suggestions,
lawyers are the best judges. They should also work out new models
with the same point of reference.
VII
The Goal
The facts stated so far lead us inevitably to the conclusion that
fresh thinking is necessary on all legal and constitutional aspects. The
law, the legal system, the Constitution, the institutional framework, and
above all, the psychology of all those involved in this process - all
must be thoroughly changed. It is to be an onward march in the light
of the Universal Laws. All this is an important, indispensable, and
integral part of the process of national reconstruction. Destiny has
called upon Bharat to give a new lead to the world groping in the dark
after the miserable failure of the western thought-systems. Mankind is
clamouring for what is described as the 'third way'. It is the moral and
divine responsibility of Bharat to show the 'third way' which would in
fact be the 'only' way. This necessitates tremendous home-work and
equipment. One of the first and indispensable steps in this direction is
to convene a new and competent Constituent Assembly. Who would
be qualified to become members of the new Constituent Assembly?
Power-hungry politicians? Our first Constituent Assembly was
dominated to a great extent by members of this tribe. And we have
been experiencing the consequences. Who is morally as well as
intellectually equipped to play this role? More than any other, section
of the population, it is the lawyers dedicated to the cause of the
national reconstruction. They can play a key-role in preparing the new
Weltanschauung. Thus the Akhil Bharatiya Adhivakta Parishad is not
merely a body of lawyers set up to protect and promote their
professional interests; it is competent and determined to become the
nucleus of the Constituent Assembly of the resurgent Bharat.
CHAPTER 11
With No Comments
i
The Goal
The facts stated so far lead us inevitably to the conclusion that
fresh thinking is necessary on all legal and constitutional aspects. The
law, the legal system, the Constitution, the institutional framework, and
above all, the psychology of all those involved in this process must be
thoroughly changed. It is to be an onward march in the light of the
Universal Laws. All this is an important, indispensable, and integral
part of the process of national reconstruction. Destiny has called upon
Bharat to give a new lead to the world groping in the dark after the
miserable failure of the western thought-systems. Mankind is
clamouring for what is described as the 'third way'. It is the moral and
divine responsibility of Bharat to show the 'third way' which would in
fact be the 'only' way. This necessitates tremendous home-work and
equipment. One of the first and indispensable steps in this direction is
to convene a new and competent Constituent Assembly. Who would
be qualified to become members of the new Constituent Assembly?
Power-hungry politicians? Our first Constituent Assembly was
dominated to a great extent by members of this tribe. And we have
been experiencing the consequences. Who is morally as well as
intellectually equipped to play this role? More than any other section
of the population, it is the lawyers dedicated to the cause of national
reconstruction. They can play a key-role in preparing the new
Weltanschauung. Thus the Akhil Bharatiya Adhivakta Parishad is not
merely a body of lawyers set up to protect and promote their
professional interests; it is competent and determined to become the
nucleus of the Constituent Assembly of the resurgent Bharat.
These remarks raised two questions in the minds of some lawyers
who were sceptical about their own competence to play the key-role
assigned to them in THE GOAL.
This paper was read at the meeting of Akhil Bharatiya Adhivakta Parishad on
4 June 1994 at Bhopal. It is a continuation of the thought-process started with
the address to the Parishad on 7 September 1992. The first para of this article
is the concluding para of that address.
142 Third Way
i) The nature of our Constituent Assembly which has created a
government that comes to us instead of a government that comes
from us;
ii) Evaluation of the institution of political party as an
instrument for framing suitable Constitution and evolving appropriate
institutional framework.
Regarding both these points, I am stating here a few relevant
facts and views, without any comments.
Constituent Assembly
The common man does not understand the difference between
Constituent Assembly and regular Parliament.
Dr. Babasaheb Ambedkar explained;
"The Constituent Assembly in making a Constitution has no
partisan motive. Beyond securing a good workable constitution, it
has no axe to grind. In considering the articles of the Constitution,
it has not an eye on getting through a particular measure. In the
future parliament, if it met as a Constituent Assembly, its members
will be acting as partisans seeking to carry amendments to the
Constitution to facilitate the passing of party measures which they
have failed to get through parliament by reason of some articles of
the Constitution which have acted as an obstacle in their way.
Parliament will have an axe to grind while the Constituent
Assembly has none. That is the difference between the Constituent
Assembly and the future parliament."
Some move akin to that of setting up a Constituent Assembly
was contemplated by Mahatmaji in 1922, and by Mrs. Annie Besant
in 1923. The Swarajist Party had voiced in May 1934 the advisability
of convening a Constituent Assembly. The Congress expressed
similar feelings at its Faizpur Session (1936). On September 14, 1939,
Congress passed a resolution to this effect. Once again, on
November 19, 1939, Gandhiji issued a statement to the same effect.
M.N. Roy and his group made a similar demand before the transfer
of power.
Pt. Nehru, however, observed,
"Some of the Congress leaders, while accepting the idea of the
Constituent Assembly, have tried to tone it down and made it not
very unlike a large All Parties Conference’ after the old model."
With No Comments 143
The Cabinet M ission envisaged the establishm ent of a
Constituent Assembly to frame a Constitution for the country which
would be chosen by adult franchise. Realising that such a step
would lead to unacceptable delay, the Cabinet Mission decided to
utilise the recently elected Provincial Legislative Assemblies as the
electing bodies. Each province was allotted seats proportional to its
population, roughly in the ratio of one to a million. The seats so
ascertained were divided between the main communities in each
province in proportion to their population and formed the basis for
election of the representatives allotted to each community by the
members of that community in the Legislative Assembly of each
province. The main communities recognised were General, Muslim
and Sikh. General community included all persons who were not
Muslims and Sikhs.
The total membership of the Constituent Assembly was 389 of
whom 93 were representatives from the Indian States and 296 from
British India. Members numbering 205 were elected on the Congress
vote. Of them, 30 were outsiders and they included men of great
eminence like Dr. S. Radhakrishnan, Dr. Alladi Krishnaswami Aiyar,
Pandit Hriday Nath Kunzru, Sir N. Gopalaswamy Iyengar, etc. The
draft prepared by Sir B.N. Rau, constitutional adviser, provided the
basic framework for the deliberations. The Drafting Committee
consisted of seven persons, two of them belonging to the Congress
Party, namely K.M. M unshi and T.T. K rishnam achari, four
independents - Dr. B.R. Ambedkar, Alladi Krishnaswami Aiyar,
N. Madhava Rau, and D.P. Khaitan, and one belonging to the Muslim
League - Muhammad Saadullah. Dr. Ambedkar was elected Chairman
of the Drafting Committee and he piloted the Constitution through
the Assembly with great skill and ability.
Although the Muslim League joined the interim government it
refused to participate in the Constituent Assembly.
After the partition of India, the membership of the Constituent
Assembly underwent a change. By virtue of Section 8 of the Indian
Independence Act 1947, the Constituent Assemblies of each of the
Dominions - India and Pakistan - were entrusted not only with the
responsibility of constitution-making, but also functioned as federal
legislatures. The total m em bership of the Indian Constituent
Assembly came to 318, of whom 89 represented the Indian States.
The responsibility of the Drafting Committee was to scrutinise the
draft of the text prepared by Sir B.N. Rau giving effect to the
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decision already taken in the Assembly and submit to the Assembly
for consideration the text and the draft Constitution as revised by
the Committee.
The Objectives Resolution, moved on 13 December 1946 by
Pandit Jawaharlal Nehru when the Assembly met in undivided India,
was the basis, with certain modifications, for the Preamble of the
Constitution. In 1977 the words 'Secular and Socialist' were added to
the Preamble.
The first session of the Constituent Assembly was held in New
Delhi on December 9, 1946. On August 29, 1947, the seven-member
drafting committee was set up. The. Draft Constitution was published
in January 1948. The Constitution was adopted on November 26,
1949. The Constitution comprised 395 Articles and eight Schedules.
The deliberations continued for nearly three years. The
expenditure incurred was to the tune of Rs. 63,96,729.
In all, there-were IT sessions of the Assembly. It sat for 2
years, 11 months and 18 days. The Constitution came into force on
January 26, 1950.
The first Amendment to the Constitution was made in June
1951.
Even while the Constituent Assembly was continuing its work,
Loknayak Jaya Prakash Narayan had challenged the representative
character of the Assembly. He stated:
"...taking advantage of the people's indifference, the rulers of the
country have got a draft constitution prepared; that is a most
unsatisfactory document. It would be a tragedy for India if this
document became the foundation of our national life. This draft
constitution would neither guarantee the freedom of the people nor
make social change possible. The constitution in its present form
would be a bulwark of conservatism and a powerful hindrance to
full democracy.
The draft constitution must be radically changed if India is to
march towards full freedom and democracy. There is little chance,
however, that the Constituent Assembly, as it is constituted today,
will make any drastic change in the draft constitution. Only a new
Constituent Assembly, freshly and directly elected by the whole
people including the people of the states, can do so. Only then
perhaps would the people begin to take genuine interest in
constitution-making.
With No Comments 145
The present draft constitution seeks to speak in the name of the
Indian people. 'We the people of India having solemnly resolved'
etc., are the opening words of the draft constitution. But who
can honestly claim that the present Constituent Assembly has
any right to speak in the name of the Indian people? It was surely
not elected by the people. It represented only 12% of the people.
The Constituent Assembly, as is well known, is made up of the
representatives of the provinces and the states. The representatives
of the provinces were elected not directly by the adult population
but indirectly by the provincial assemblies, which in turn were
elected under the Act of 1935 by no more that 15 per cent of the
people. This means that 85 per cent of the people in the provinces
have no representation whatever in the Constituent Assembly.
The unrepresentative character of the provincial representatives
in the Constituent Assembly is further exposed when it is
recalled that the members of the provincial assemblies had no
mandate whatever to send their representatives to any such body.
The unrepresentative character of the representatives from
the states becomes still more apparent. Out of a total of 89
members from the States, 28 are nominees of the rulers and 41
elected. Clearly, the nominees of the rulers have no right to speak
in the name of the people.
Of the 41 elected, it can be imagined how unrepresentative they
must be in the absence of true representative institutions in the
states. None of the 41 was directly elected by the people
concerned; and most of them were merely nominees of the
Congress bosses who dominated the All-India States People's
Conference.
The present Constituent Assembly thus is an utterly
unrepresentative body; and in the name of all that is just and fair,
it must go. A new assembly elected on adult franchise by the entire
people - of the provinces as well as the states - must be
called to pass the final draft of India's constitution."
Ours was the lengthiest constitution in the world. It remained so
till the constitution of Yugoslavia spread its length to gain the place.
In the initial stage of the proceedings Dr. Sachchidananda Sinha
spoke a word of caution:
"The Constitution may nevertheless perish in an hour by the folly
or corruption or negligence of its only keepers - the people.
Republics are created - these are words which I commend to you
10
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for your consideration - by the virtue of public spirit and
intelligence of the citizens. They fall when the wise are banished
from the public councils. They dare to be honest and the profligate
are rewarded because they flatter the people in order to
betray them.”
Dr. Ambedkar had remarked,
"If the Constitution which was given by the people unto
themselves in November 1949, did not work satisfactorily, we
would have to say at a future time, not that the Constitution has
failed, but that the man is vile."
About the label of the Constitution, Dr. Rajendra Prasad,
President of the Constituent Assembly, did not attach very much
importance to the question. In his speech on 26 November 1949, in
the Constituent Assembly, Dr. Rajendra Prasad said:
"Personally, l do not attach any importance to the label which
may be attached to it - whether you call it a federal Constitution
or Unitary Constitution or by any other name. It makes no
difference so long as the Constitution serves our purpose. We are
not bound to have a Constitution which completely and fully falls
in line with known categories of constitutions in the world.
We have to take certain facts of history in our own country and
the constitution has, not to an inconsiderable extent, been
influenced by such realities as facts of history."
The word "federation" does not occur in the Constitution. The
expression used is "Union".
Explaining its significance, Dr. Ambedkar said:
"The Drafting Committee wanted to make it clear that though
India was to be a federation, the federation was not the result of
an agreement by the States to join in a federation, and that the
federation not being the result of an agreement no State has the
right to secede from it. The federation is a Union because it is
indestructible. The Drafting Committee thought that it was better to
make it clear at the outset rather than to leave it to speculation or
to dispute.”
Just before the adoption of the Constitution, Dr. Rajendra Prasad
had said :
"Our Constitution has provisions in it which appear to some to be
objectionable from one point or another. We must admit that the
defects are inherent in the situation in the country and the
people at large."
With No Comments 147
Dr. Rajendra Prasad would have liked to have some
qualifications laid down for the members of the legislative assembly.
He remarked:
"It is anomalous that we should insist upon high qualifications
for those who administer or help in administering the law, but
none for those who make it, except that they are elected. A law
giver requires intellectual equipment, even more than that, the
capacity to take a balanced view of things, to act independently
and above all to be true to those fundamental things of life, to
have character. It is not possible to devise any yard-stick for
measuring the moral qualities of man. And so long as that is not
possible, our constitution will remain defective."
He was also unhappy that the Constitution was not drafted in
an Indian language.
In both the cases, the difficulties were
"...political and proved insurmountable. But that does not make the
regret any the less poignant."
In his reply to the debate in the third reading of the draft
constitution on 25 November 1949, Dr. Ambedkar cautioned:
"On the 26th January, 1950, we are going to enter into a life of
contradictions. In politics, we will have equality, and in social
and economic life we will have inequality. In politics, we will be
recognising the principle of "one man and one vote", and "one
vote, one value". In our social and economic life, we shall, by
reason of our social and economic structure, continue to deny the
principle of "one man, one value". How long shall we
continue to live this life of contradictions? How long shall we
continue to deny equality in our social and economic life? If we
continue to deny it for long, we will do so only by putting our
political democracy in peril. We must remove this contradiction at
the earliest possible moment, or else those who suffer from
inequality will blow up the structure of poliitical democracy which
this Assembly has so laboriously built up."
And again,
"Political power in this country has too long been the monopoly of
a few and the many are not only beasts of burden but also beasts
of prey... the downtrodden classes must not be allowed to evolve
into a class struggle or a class war.... the recognition of the class
structure of society and the income structure of society as
sacrosanct, were utterly undemocratic and unrealistic. It set in
motion influences which were harmful to rational human
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relationships. There were no common interests. The isolation and
exclusiveness following upon the class structure create in the
privileged classes anti-social spirit of a gang."
Speaking in the Constituent Assembly on 17 November 1949, Dr.
Ambedkar said:
"Political democracy cannot last unless there lies at the base of it
social democracy. What does social democracy mean? It means
a way of life which recognises liberty, equality and fraternity as
principles of life. These principles of liberty, equality and
fraternity are not to be treated as separate items in a trinity.
They form a union of trinity in the sense that to divorce one from
the other is to defeat the very purpose of democracy. Liberty
cannot be divorced from equality, equality cannot be divorced from
liberty. Nor can liberty and equality be divorced from fraternity.
Without equality, liberty would produce the supremacy of the few
over the many. Equality without liberty would kill individual
initiative. Without fraternity, liberty and equality could not become
a natural course of things."
According to Prof. Srinivasan, in the entire debate on this issue
in the Constituent Assembly, one can clearly see the despair and
anguish of most of the members, that the basic frame of the
Constitution hardly reflected the Spirit and genius of Indian
civilizational experience. As one member remarked:
"The other day Shrimati Vijayalakshmi while addressing the
United Nations General Assembly in Paris observed with pride
that we in India have borrowed from France their slogan of liberty,
equality and fraternity; we have taken this from England and that
from America; but she did not say what we have borrowed from
our own political and historic past, from our long and chequered
history of which we are so proud...."
But the main problem was that most of the framers of our
Constitution were either ignorant of or had no faith in the Indian
social and political framework. In fact one of the chief architects of
our Constitution even declared that -
"What is the village but a sink of localism, a den of ignorance,
narrow-mindedness and communalism? I am glad that the Draft
Constitution has discarded the village and adopted the individual
as its Unit.”
No wonder that such minds should have forgotten to incorporate
. in the Constitution the Gandhian concept of Gram Swaraj.
With No Comments 149
When it was brought to the attention of Mahatma Gandhi in
December 1947 that there was no mention about village panchayats
and decentralisation in the draft constitution, he declared that it was
certainly an om ission calling for im m ediate attention if our
independence was to reflect the people's voice. The greater the
power of the panchayats, the better it would be for the people.
Ultimately a new clause was inserted in the draft constitution
stating that the State shall take steps to organise village panchayats.
This provision finally found its place among the "Directive Principles
of State Policy" contained in the Constitution - which is a collection
of platitudes to which hardly any attention has been paid.
It is an indisputable fact that the Constitution did not reflect the
Bharatiya mind - the traditions, the temperament, the culture of
Bharat. It was not the product of the soil but just a transplantation.
In this context, the extensive comments of P. Koteswara Rao, a
constitutional expert, deserve serious consideration:
"Our constitution is neither Indian nor Gandhian. It is not the
people's constitution. It is unduly perplexed, confusing and
inconsistent to reflect the nation's ethos and the people's genius in
its provisions. It has become outmoded. The raw-material for
making the constitution is not drawn from the native soil. The
inspiration is not taken from the ancient wisdom. The needs and
aspirations of the common man are couched only in rhetorical
platitudes and empty propositions without creating any machinery
for realisation. There was no people's participation in framing the
constitution. The western concepts of political, economic and social
ideologies are imported, without relevance to the conditions. It
lacks a proper sense of priorities. It needs revision in many parts,
deletion o f many portions and incorporation of many new
provisions. Hence it is high time to take stock of things realistically
and boldly repeal the constitution, lock, stock and barrel, by
replacing it by the native socialistic, genuinely democratic
constitution."
It is interesting to note that Dr. Ambedkar himself was not
satisfied with the final outcome of his Herculean labour. He
subsequently complained that the draft was not entirely to his liking,
but he was required to democratically accommodate various views
which were inconsistent with or even contrary to his own. He went
even to the length of saying that he would not hesitate to burn a
copy of the constitution in public, if its provisions were found
inadequate to protect the interests of the downtrodden.
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During Emergency a new chapter containing fundamental duties
was inserted. They are pedantic sayings oft repeated and of little
use because they cannot be enforced by a court of law.
The Nagpur Unit of the Deendayal Research Institute organised
a seminar on Indian Political System in April 1988. The points that
emerged there were as follows :-
(1) The British had introduced, in pre-Independence India, a perverted
version of parliamentary system under their overlordship. The kind
of parliamentary system that we have in India after Independence is
not compatible with Indian ethos.
(2) India's political system and its Constitution should be in keeping
with its deep-rooted traditions. Its ideal should be Dharma-Rajya.
This Dharma is not to be confused with religion. It denotes the
supreme code of human conduct that sustains society and the
supremacy of moral authority over state power. It takes an
integrated view of human needs, not merely economic or political. It
recognises the interdependence of man and man, and man and his
environment. It seeks to serve the genuine needs of the individual,
the community, the nation and the humanity as a whole. Therefore,
all religions are likely to feel affinity for it as close to their socio-
ethical tenets. The preamble to the Constitution should clearly
mention that the Dharma-Rajya encompasses the ethical-juridical
principles common to all religions.
(3) If the ideas were defined as above, it could equate the service of man
with the service of God and set in the process of spiritualising
politics. It could establish the supremacy of ethics over politics.
(4) Western culture is marked by extreme materialism and individualism.
The parliamentary system in the West is, therefore, geared to the
material interests of the individual or the party. When such a system
is introduced on our soil, people tend to select their local
representatives on the basis of their casteist or religio-communal
considerations. As against this, India should opt for a form of
government in which heads at all levies, from national to local, are
designated as guardians; which means, the national guardian
(Rashtra-Palak), provincial guardian (Prant-Palak), village
guardian (Gram-Palak) should all be directly elected on the basis of
universal adult franchise. They would select their advisers or
ministers. This would enable good people to operate at all levels and
transform the society. This may be called the presidential system of
Indian variety.
With No Comments 151
(5) At territorial levels, there should be uni-cameral deliberative
bodies* based on professional representation. This will ensure
representation of all genuine interest groups. By plugging the
chances of casteism, it will usher in a profession-based social order.
Only at the national level, there should be two Houses - one based
on professional representation, the other on territorial
representation.
(6) A code of conduct for political authorities should be provided in the
directive principles enshrined in the Constitution itself. Moreover,
there should be provision of small cells of knowledgeable,
experienced, selfless and respected persons, such as Acharya-Kul
or Group of Elders, at every level of territorial organisation, with
statutory powers to conduct investigations wherever there is a
breach of directive principles.
(7) Political and economic decentralisation has to be the backbone of
the political system. Indian genius seeks unity in diversity. Hence
decentralisation would be no cause for worry about national
integrity. (States should be smaller in size and should be called
pradesh or provinces. They as well as the local bodies should be
autonomous with adequate political and financial powers.)
(8) Freedom of thought and expression, tolerance, decision by
consensus (instead of by merely majority votes), changes by non
violent methods, decentralisation, autonomy in political and
economic spheres (as distinct from party whips regarding
expressions of opinion in legislatures and the state-bureaucracy-
dominated economy) are the core of Indian democracy. The need is
to build up suitable institutions around this core.
(9) Mutual adjustment and co-operation is the basic law of existence.
Class co-operation is the rule, class conflict is the exception.
(10) The system of people's courts at local levels is essential. Directive
principles for judicial functionaries should be provided for in the
Constitution.
(11) Financial dependence of the lower units must go.
(12) The institution of family - which, under the impact of West-oriented
modernism, is tending to break up - must be nurtured. The emphasis
has to be on individual-in-society, not individual versus society.
See Appendix II
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(13) The dominance of English has prevented the flowering of people's
culture. It should be replaced by the language which is understood
by most of the people. Only Hindi can be the link language. Widest
possible scope for translation into different languages must be
created.
(14) The system of political parties taking adversary positions is contrary
to Indian genius. The Indian tradition has been to seek the truth, the
whole truth, and nothing but the truth. Political parties, on the other
hand, tend to take a lopsided view of truth. Their interest militates
against seeking the whole truth. Their partisanship works in their
individual or group interest, against national interest. We must,
therefore, have a partiless democracy.
(15) The current political philosophies of democracy, communism and
socialism are on the way out in the modern world. We have to
eschew the class-rule of the moneyed class or the class-rule of the
proletariat. Our objective has to be all-sided welfare of all people.
Political Party : An Institution
Political Party as an institution has become a very important
factor in the British public life.
In the words of Ramsay Muir,
"It is the leadership of a party that gives to the Prime Minister
his enormous power; it is common membership of a party that gives
unity of character and aims to a cabinet; it is the existence
of an organised supporting party in the House of Commons that
enables the cabinet to carry on its work; and (when the party has a
majority) endows it with a complete dictatorship over the whole
range of government; and this dictatorship is only limited or
qualified by the fear of those who wield it lest any grave
blunder may weaken the party in the country, and bring downfall at
the next election."
Our intellectuals are so much attuned to the Anglo-Saxon
institutions that they are unable to see the rest of the world.
Here are some other views, presented without comments.
M. N. Roy had studied constitutions of most of the countries.
Being aware of the shortcoming of both communism and formal
parliamentarism, he based his programme of revolution on the
principles of freedom, reason and social harmony, - laying great
stress upon education of the citizens as the precondition for such a
With No Comments 153
reorganisation of society. The co-operative economy of his new social
order, with consumers' and producers’ co-operatives, was to be based
on production for use and not for profit and distribution with reference
to human needs. Under co-operative economy, the means of
production were to belong to the workers them selves. This
arrangement he considered as superior to both capitalism and state-
ownership. The political organisation was to exclude delegation of
power, which, in practice, deprives the people of effective power; it
was to be based on the direct participation of the entire adult
population through People's Committees which were to be the basic
units of grassroots democracy. The Indian State, according to his Draft
Constitution of Free India, was to be organised on the basis of a
countrywide network of People's Committees having wide powers such
as initiating legislation, expressing opinion on pending bills, recall of
representatives and referendum on important national issues. The
principles enunciated in his 22 theses and the manifesto led him to the
conclusion that party politics was inconsistent with the ideal of
democracy and that it was liable to degenerate into power politics.
These ideas led to the dissolution of his Radical Democratic Party in
December 1948 and the launching of the movement called the Radical
Humanist Movement. His able and trusted colleague V. M. Tarkunde
had decided to publish his memoirs under the title - In Search o f
Freedom' - a project he is yet to finish.
An eminent Gandhian, Loknayak Jaya Prakash Narayan states:
"The party system with the corroding and corrupting struggle for
power inherent in it, disturbed me more and more. I saw how
parties backed by finance, organisation and the means of
propaganda could impose themselves on the people; how people's
rule became in effect party rule; how party rule in turn became the
rule of caucus or coterie; how democracy was reduced to mere
casting of votes; how even this right of votes was restricted
severely by the system o f powerful parties setting up
their candidates from whom alone, for all practical purposes, the
voters had to make their choice; how even this limited choice
was made unreal by the fact that the issues posed before the
electorate were by and large incomprehensible to it.
"The party system as I saw it was emasculating the people. It did not
function so as to develop their strength and initiative nor to help
them establish their self-rule and to manage their affairs
themselves. All that the parties were concerned with was to
capture power for themselves so as to rule over the people, no
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doubt, with their consent. The party system, so it appeared to
me, was seeking to reduce the people to the position of sheep
whose only function of sovereignty would be to choose periodically
the shepherds who would look after their welfare. This to me did
not spell freedom, the swaraj, for which I had fought and for which
the people of this country fought.
"As a way out of the faults and failures of the party system, I
toyed for some time with the idea of a co-operative, rather than a
competitive, system of parties. I realised, however, that in the
first place, there was no climate for sftch a political experiment, and
in the second place, the experiment could not succeed within the given
framework of struggle for power and the system of parliamentary
democracy, except for limited purposes and limited periods. I still
believe, however, that given the psychological climate for it, such a
political experiment might yet be made. But for that the frame of
reference will have to be changed from parliamentary democracy to
something different. Be that as it may, my disenchantment with the
party system kept on urging me to seek a better substitute for it.
Gandhiji's non-partisan constructive approach towards people's self-
rule seemed to offer one hopeful line of exploration."
Alexander Solzhenitsyn says:
"A society in which political parties are active, never rises in the
moral scale. In the world today, while we doubtfully advance towards
a dimly glimpsed goal, can we not, we wonder, rise above the two-
party or multi-party system? Are there no extra-party or strictly
'non-party' paths of national development?
"The multi-party parliamentary system has already existed for
centuries in some Western European countries. But it is dangerous;
perhaps mortal defects have become more and more obvious in
recent decades, when superpowers are rocked by party struggles
with no ethical basis. The western democracies today are in a state
of political crisis and spiritual confusion."
Dr. Pitrim A. Sorokin writes:
"At present, political parties are predominantly militant machines
animated by the lust for power and booty. As intermediaries
between the voters and the state governments, they have usurped
the role of agencies for ascertaining the opinions and wishes of
the electorate. They have monopolised elections, depriving the
citizens of the possibility of freely choosing whom they wish,
since there is no possibility of voting for candidates not
nominated by the parties. To a considerable extent they have
converted the citizenry into a mere instrument for serving the
With No Comments 155
selfish interest of the bosses or party caucus. Through various
tricks and other dubious practices they have corrupted the basic
principle of elective democracy, degrading the functions of
statesmanship to the sordid quest of politicians for spoils, or
booty. In these and many other ways they have robbed the citizens
of much of their freedom and have become one of the chieffoci for
generating forces of strife and enmity. In countries with a single
dictatorial party, the insidious effects of the system are all too
evident. To a lesser degree the same evil effects are apparent also
in countries with a two-party or multi-party system. The foregoing
and many other disastrous effects of contemporary political parties
on democracy and the political, social, economic and moral life of
the citizens have been amply demonstrated not only by ideological
anarchists, syndicalists*, and other radical theorisers but also by
the most impartial conservative investigators, such as, M.
Ostrogorsky, J. Bryce, G. Mosca, R. Michels, and C. E. Merriam.
" It is evident that such political parties cannot serve the purposes
of a peaceful and creative society. They need to be radically
transformed along the lines recommended by the foregoing
investigators. First, the changes suggested for the state
organisation, particularly the decentralisation of the election of
representatives from territorial districts and their supplementation
by representatives of industry, agriculture, science, religion etc.,
would render the monopoly of elections by political parties
impossible. The corporate bodies elect their representatives
themselves, without undue influence being exerted by political
parties. This decentralization would drastically limit the
monopolistic power o f political parties, would reduce their
autocracy and would restore to the citizens a portion of their
electoral freedom.
"The government of the states must consist of a combination of
the elected representatives of the citizens of the electoral districts
and of those of agriculture, industrial management and labour,
religion, science, the fine arts, and the professions. A sufficient
proportion of representatives of labour management, agriculture,
science, religion, and the professionals, elected by their respective
groups, independently of the territorial district, would weaken the
vested interest of a given territorial district and immeasurably
heighten the competence, impartiality, morality, and prestige of the
Government."
See Appendix II
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Dr. Bokare sums up the situation in the following words:
"The partiless democracy is being conceptualised. Its reasoning
has been given__ Democracy, as it is now, has revealed
weaknesses. The party-based democracy, due to its weaknesses, is
likely to be converted into dictatorship. Alternatively, it may
promote disharmony and anarchy. The weaknesses of party-based
democracy will be removed by partiless democracy. Can we make
such deductions?"
No Comments!
CHAPTER 12
Our Constitution*
Before we proceed to analyse our Constitution, it would be
advisable to note such features of other Constitutions as can have
some bearing on our present effort.
On the subject of Constitutions, there has been no balanced
growth of literature. Constitutional pundits have recognised this fact.
Till now political scientists had a tendency to concentrate on the
governments of the major countries, the governments of smaller
nations being ignored entirely. Primary importance was given to
European governments. In fact, with the rise of nationalism in
Africa and Asia and the consequent emergence of new states,
developments of far-reaching importance are taking place on every
continent. Europe may have been the political pioneer, but non-
European countries are now pushing into the world scene and
establishing new frontiers of political experimentation. Even when the
European influence has been predom inant in the setting up of
governments in America, Asia and Africa, local conditions in these
areas have forced modifications regarding the forms of government,
which are worth examining.
It is extrem ely difficult to compress into one manageable
document the experience of a sufficiently representative number of
governments.
For example, the political experience of the Scandinavian countries
and the Latin American countries provide some unique features which
have received scant attention in our country.
In writing about comparative governments there has been a
disposition to set up an initial pattern and then attempt to fit into it,
rather arbitrarily, all governments.
The political experience of Britain has more to offer to students of
comparative governments than that of any other country, since it was
there that the western democratic institutions had their beginning and
various developm ents occurred which have widely influenced
governments elsewhere.
* This paper formed the basis for discussion in a select group of thinkers in late 1992.
158 Third Way
British Parliament is the mother of parliaments whose progeny
is to be found in every country governed in the past by Great
Britain.
"Constitution is a frame of political society organised through
and by law, that is to say, one in which law has established
permanent institutions with recognised functions and definite rights."
There can be three kinds of law: (1) that bundle of social habits
which we call 'customs' untouched by any formal legal procedure;
(2) a formal category of laws, not written out in statute form, but being
fully enforced as law in properly constituted law courts; that is, the
case law known in England as the Common Law; and (3) written laws
called statutes, properly passed through a legislature. Constitution
may be written (documentary) or unwritten (non-documentary) or
partly written and partly unwritten. There is still no document called
the British Constitution.
Internal sovereignty is the supremacy of a person or body of
persons in the state over the individuals or associations of individuals
within the area of its jurisdiction, and external sovereignty is the
absolute independence of one state as a whole with reference to all
other states. In Great Britain, the legal sovereign is the Queen in
Parliament, the political sovereign is the electorate. The legal sovereign
in a federation is the Constitution itself.
States in a federal system are subsidiary sovereign bodies. The
essence of a unitary state is that the sovereignty is undivided. A
unitary state implies (1) the supremacy of the central parliament; and
(2) the absence of subsidiary sovereign bodies. A unitary state is one
in which we find "the habitual exercise of supreme legislative authority
by one central power", while a federal state is "a political contrivance
intended to reconcile national unity and power with the maintenance of
state rights.
Constitutions of West Germany, Soviet Union, United States,
Australia, Switzerland*, Canada, Mexico, Brazil, Argentina, Venezuela
are of the federal type. The governments of the United Kingdom,
France, Norway, Sweden, Japan and most of the Latin American states
fall in the unitary category.
It is an interesting fact that the Swiss constitution speaks of the 'Nation', a word
unknown to the United States Constitution.
Our Constitution 159
In Canada, defined and specific powers are given to the
provinces and the residue of the powers are left with the federal
government. In the case of Australia, residuary powers vest in the
states. The Commonwealth has only enumerated powers. In the case of
Australia, the governors of states are appointed by the Crown without
any reference to the federal government, and the latter has no power
to interfere with the laws passed by the state legislatures. In Canada,
the constitutions of the provinces are laid down in the Constitution
Act 1981 and Constitution Acts 1867 to 1981 and any change therein
requires amendment of the Constitution. In the case of Australia, every
state has its own constitution and can amend the same. Still, there is a
growing tendency for federal powers to increase at the expense of the
states, particularly after the second world war. Ross Anderson
observes in his Essays:
"The history of the fifty years of Australian Federation has been
a history of the gradual growth of the power of the
Commonwealth relative to the power of the states, until the giant
of today is scarcely recognisable asjhe child of 1901."
Regarding the Australian federal constitution of 1900, one view
was that Australia was ruled not by a majority of electors but by a
majority of judges in the High Court,
"invalidating legislation not on its merits but on the ground that
it was 'ultra vires' the written constitution. Every national
emergency found Australia's hands tied by constitutional manacles
resulting in inaction and serious delay and bringing into ridicule
the parliamentary system. No sovereign unity could be procured
with 7 sovereign parliaments, each of practically equal status,
embracing 13 Houses, with more than 600 members and 70
ministers, with separate overseas representatives and separate
services."
A clear contrast between the constitutions of Canada and
Australia, as furnished by C. F. Strong in his Modern Political
Constitutions, is instructive.
(1) The Australian Constitution defines the powers of the federal
authority and leaves the reserve of powers to the states, while the
Canadian Constitution states the powers of the provinces and leaves
the rest to the federal authority; (2) Australia leaves the state
governors to be appointed without federal interference, whereas
Canada leaves the appointment of Lieutenant-Governors of the
provinces to the government of the Dominion; (3) in Australia the
Commonwealth government has no right to interfere with state
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legislation, while in Canada the dominion government has a veto on
provincial statutes; (4) Australia has a supreme court to interpret the
constitution, whereas the supreme court in Canada enjoys such
power to a much lesser degree; (5) the Australian senate is elected
in equal numbers from the state, while members of the Canadian
senate are nominated for life by the Dominion Government. In
general, then, the Commonwealth of Australia is far more federal than
the Dominion of Canada. Canada approaches much nearer to the
type of state called unitary than does Australia. The federation of
Australia resembles that of the United States, far more closely, than
does that of Canada.
South Africa is a unitary state, having in some respects the
appearance of a federal form of political organisation. In practice the
federal features are only a semblance.
France is a textbook example of a Unitary constitution.
The Constitution of the United States is regarded as a touchstone
of federal constitution in the world. It clearly demonstrates the three
essential characteristics of federalism, i.e., the supremacy of the
constitution, the distribution of powers, and the authority of the
federal judiciary. A convention at Philadelphia in 1787 drew up the
present constitution, which became effective (in 13 states) in 1789. The
constitution makes a double division: First, it separates the three
organs of government, i.e., legislature, executive and judiciary, and
makes them independent of each other. Secondly, it divides the powers
between the federal and the state authorities in such a manner as to
secure to the federating units all the powers not absolutely necessary
to the federal authority for the common advantage.
Lincoln fought for the vindication of the principle of union. In
recent times, there is a progressive strengthening of the federal
power.
The United Kingdom gives a role to its Constitution which has no
parallel elsewhere. Constitutions have a lesser place in Canada,
Norway and Sweden, but here, too, they stand to the fore. In France
and Germany constitutions are not without their importance, but they
have never achieved the place which they hold in such countries as
the United Kingdom, the United States, and the Scandinavian
countries. In Germany, relative lack of experience in democratic form
of government may be a reason. In France, there is something in the
Our Constitution 161
national character which limits the role of a constitution. Japan's
national character limits the influence of the constitution below that
found in the United Kingdom and the United States. In Latin American
countries, the constitutions are less binding as fundamental law; there
has never been an adequate understanding of the basic character and
purpose of a constitution, though Uruguay has progressed better
towards constitutionalism.
It is not uncommon for textbooks in comparative governments to
omit any consideration of the twenty Latin American governments. No
one government in this group seems to be typical of the whole group.
All are considered as Latin American in character, though the Latin
strain seems more noticeable in those countries fronting on the
Atlantic, with Brazil basing its language on Portuguese and the other
countries deriving their non-Indian languages from Spanish.
It is fair to conclude that constitutions in most, if not all, of the
Latin American states occupy a place quite different from that noted in
the case of the United Kingdom. To an Englishman, the constitution is
the very foundation of government as it serves as the fundamental
law of the country. In the United States also the constitution is higher
law. In the Latin countries of Europe, constitutions may play a
significant role, but they cannot restrain the government to the same
degree. In many of the Latin American countries they command much
less respect. In the more backward Latin American countries, where
there is little by way of public opinion, a constitution has been an
artificial sort of thing which has been imposed from above as a gesture
and has little meaning to the people. It is not uncommon in Latin
American countries for a strong leader to brush aside the constitution
at critical moments.
The law of the constitution in Great Britain contains four
principal factors. First, there are certain historic documents,
sometimes referred to as landmarks. Some of these are, - the Magna
Carta, the Petition of Rights and the Bill of Rights. Second, there are
parliamentary statutes extending or restricting powers of the Crown,
guaranteeing civil rights, regulating suffrage, creating local
governments, providing for setting up courts, and administrative
machinery. Examples of these are the Habeas Corpus Act of 1679,
the Act of Settlement of 1701 (modified by the Abdication Act of
1936), the Reform Acts of 1832, 1867, and 1884, the Municipal
Corporation Act of 1835, the Judicature Acts of 1873-76, the
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Parliament Acts of 1911 and 1949, the Statute of Westminster of
1931, the Ministers of the Crown Act of 1937. Third, there are
judicial decisions fixing the meaning and limits of statutes and
charters. Fourth, there are numerous principles and rules of common
law. These principles and rules grew up on the basis of usage
(sometimes backed by judicial decisions) and have never been
enacted by Parliament. They include some of the most fundamental
features of the governmetnal and legal system and are fully accepted
and endorsed as law. The prerogative of the Crown, for example,
rests entirely on common law. The first three are to be found in
written form. The rules of the common law, public as well as private,
however, have never been systematically reduced to writing, but they
are to a large extent to be found in reports, legal opinions, and
judicial decisions. Those portions of the constitution which are
termed as ’conventions' are not law in the strict sense and are not
enforceable by the courts. They consist of traditions, customs and
practices which regulate a large proportion of the actual day-to-day
activities of even the most important of the public authorities. But
they do not appear in statute books or in any statement of the law,
written or unwritten, because, though elements of the constitution,
they are not law.
According to some pundits, even the supreme authority of the
electorate is merely a convention, for the courts recognise only the
sovereignty of parliament. Though the people are the political
sovereign, parliament is the legal sovereign. United Kingdom is the
classic land of conventions. No one can understand the country's
government without paying as much attention to customs and usage
as to positive rules of law.
Among important modern states, there are only two in which no
special procedure for constitutional amendment is known. These
states are Great Britain and New Zealand. Their constitutions are
flexible in the real sense.
Of the white self-governing Dominions under the British Crown,
New Zealand alone has a flexible constitution, though the 1956
Electoral Act provides that certain sections of the constitution may
not be repealed except by a 75 per cent majority of the House of
Representatives or following a referendum.
The Mauritanian Government has adopted a new law authorising
political pluralism after twenty years of single-party rule and
incorporating a provision to hold a referendum on the drafting of a
Our Constitution 163
new constitution. The law, however, forbids political parties to have
relations with foreign countries and to obtain foreign aid. It also
bans formation of Islamic parties.
To bridge the gulf between direct democracy and representative
government, a number of devices, e.g., Referendum, Plebiscite,
Initiative and Recall are introduced. (Recently, there is a tendency to
replace plebiscite by referendum.) Referendum is used in connection
with Constitution Amendment in Australia, Denmark, Ireland, France,
Italy, Switzerland, New Zealand, and in some of the states of the
United States.
Initiative sometimes accompanies Referendum. In Switzerland,
we find both Referendum and Initiative. In the United States,
Initiative is not as common as Referendum. Recall has recently been
incorporated in certain states of the United States. As in the case of
Referendum and Initiative, Recall is, generally speaking, confined to
western states of the U.S. It is not prevalent elsewhere, though the
Swiss arrangement is nearer to this device.
This comparative study helps us gather the stray details of some
of the provisions incorporated in our constitution from the specimens
of constitutions of other countries.
Following the example of Ireland and Spain, our Constitution
enumerated certain principles which are basic for the governance of
the country. They are called the Directive Principles of State Policy
and are included in Part IV. They are not enforceable by the courts.
Like the constitutions of the West German Federal Republic and
the Fourth Republic of France, the Indian Constitution sets down in
detail not only the political but the economic and social rights of the
people.
The constitution of Irish Republic has a chapter on Fundamental
Rights and another on Directive Principles of State Policy.
Of course, though a number of its provisions may be traced to
the constitutions of the U.S., France, Ireland, Italy, Germany and
Spain, the m ost im portant source of m aterial for the Indian
Constitution was the Government of India Act 1935, and our
Constitution relies heavily on the British system, as was made clear
earlier.
But as was also made clear earlier, our leadership failed to
assimilate the British spirit. And therefore, their efforts lacked the
vitality, vigour and the cautious dynamism of the British system,
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either in the making of the constitution or in its actual
implementation.
Many a time the intellectuals and the elite in our country naively
pose a question - Why has Westminster model failed in our country?
They do not take into account the difference between the historical
backgrounds of these two countries.
The term 'Parliament' itself was coined in the 13th century, but as
an institution, it had its beginning in the King's council formed by
Henry I in the 11th century. It comprised then the representatives of
the dominant baron class and church dignitaries.
In 1215, King John signed the Magna Carta and some more
elements were added to the King's council.
Generally, it can be said that as new socio-economic classes
emerged in the process of evolution, they could demand and secure
representation in the King's council.
Having secured a place in the King's council thus, the struggling
classes became self-com placent and the struggle for further
democracy was slackened, if not given up. Almost for four centuries
this continued. Parliament was not supreme. The monarch was
supreme and superior to the Parliament, which had only an advisory
capacity.
The supremacy of the Parliament over the monarch was firmly
and finally established only after the Glorious Revolution of 1688.
It is claimed that from the point of view of democracy, England
took a long leap with the passage of 1832 Act, which extended the
sphere of Adult Franchise. Under the above Act, all those who
owned or rented the house above a particular value were granted the
right to vote. But it is remarkable to note that even after this long
leap, the percentage of those with the right to franchise was only 10
per cent of the total population.
Subsequently, various Acts were passed giving representation to
periodically newly arising dominant classes. Thus, there were Acts of
1867, 1888, 1918, and 1928-29.
It was finally after the Act of 1928-29, that the right to vote was
granted to all citizens.
In the 1928 Act the traditional property basis for franchise was
rejected and the principle of Adult Franchise was accepted. Thus it
Our Constitution 165
can be gathered that because of various Reform Acts from 1832 to
1928-29, the Parliamentary System of Great Britain has evolved to the
present form.
Women got the right to vote in municipal elections by
amendment to the Municipal Corporation Act of 1869. The 1918 Act
conferred the right to vote in parliamentary elections to a female
British subject attaining 30 years of age with certain qualifications.
The 1928 Act repealed all provisions of law of 1918 that made
women less than equal to men. (As in Britain, female suffrage was
granted in 1920 in the United States after a long agitation on the
part of women.)
Thus, the journey of democracy started in England in 1215 and
full Adult Franchise, including the right to franchise of women,
materialised only in 1929. This was the achievement of the long-
drawn struggle of various sections of people for seven centuries. The
struggle naturally moulded their minds in a particular manner suited
to the present Parliamentary Democratic System. It was a practical,
political education.
In India, the beginning of the journey of British type of
parliamentary system was in 1920, consequent to the Montagu-
Chelmsford reforms. Under the new system, two-tier democracy was
established. At the time, the total population of the country was 24
crores. Under the two-tier system, those who obtained the right to
vote for Council of States numbered about 17,000 and the number of
those who secured the right to vote for the National Assembly was
about 9,90,000 which included the previous figure of 17,000. This
was the state of affairs in 1920.
After the introduction of the Constitution, Adult Franchise was
introduced and all citizens numbering millions were granted the right
to vote. Under the scheme all women were granted the right to vote
right from the beginning of the implementation of the Constitution.
From the above background of two different courses of
development of democratic system, one may be able to realise and
appreciate the success of the system in England and the failure of
the same in our country.
In England, democracy gradually developed through centuries,
moulding the democratic ethos of the society by political education
through political struggle; whereas in India, it was transplanted
without the necessary corresponding democratic environment. And
there lies the difference between success and failure of the system.
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The foregoing details also make it clear that for a country with
pluralistic society and a very high percentage of illiteracy and
poverty the Westminster model cannot be suitable as our course of
historical development has been entirely different from that of Great
Britain.
Ironically, in one respect, we can claim to be nearer to the
British system. That is regarding the equipment of the ministers.
Low says in Government o f England:
"A youth must pass an examination in arithmetic before he can
hold a second-class clerkship in the Treasury, but a Chancellor
of the Exchequer may be a middle-aged man of the world, who
has forgotten what little he ever learnt about figures at Eton or
Oxford, and is innocently anxious to know the meaning of 'those
little dots' when first confronted with Treasury accounts worked out
in decimals. A young officer will be refused his promotion to
captain's rank if he cannot show some acquaintance with tactics
and military history; but the Minister for War may be a man of
peace ... who regards all soldiering with dislike, and sedulously
abstains from getting to know anything about it."
There is a general impression in our country that in advanced
western countries there was clean administration right from the
inception of the democratic system. It has not been so in many
important cases. In the United States, there prevailed the 'spoils
system'. When a new party came in office, it removed all the
employees that were employed by its predecessor including even the
ministerial staff, and filled their vacancies by those who helped the
new party to come to power. The United States, as a matter of fact,
had no permanent administration worth mentioning for a number of
years. Subsequently, they themselves realised that this was not
helpful to democracy. They abolished the 'spoils system'. In England,
in order that administration should remain pure, impartial, away from
the hubbub of politics, they have made a distinction between what
is called 'political offices' and 'civil offices'. The Civil Service is
permanent. It serves all the parties duly elected to power from time
to time, and carries out the administration without interference from
the minister.
It is generally presumed that in the affluent western countries
secularism is a dominating principle. But this assumption is not
supported by facts. In the fifth chapter of his book 'Freedom o f
Our Constitution 167
Conscience in the U.S.S.R.', the learned author A. Barminkov says:
"Bourgeois have declared the principles of freedom of soul, the
separation of the Church from the State, and the Church from
education; but this has not been put into practice. Having captured
power, they (Bourgeois) supported church in their fight against
atheism to save religion from atheism. Several capitalistic
countries, even today, separate church from state and use it as a
shield. As atheism grows and different religions grow more
intolerant, the church is being used to secure compromises
favourable to the exploiter class. In many capitalistic countries, the
church is a real and on occasions a legal organ of the state. The
states help the church financially and use the church in the interest
of the dominant classes. "
In most of the capitalistic countries, the constitution permits a
particular religion and forbids the others; this is done to favour the
chosen religion. As examples, consider the following: In Denmark,
Norway and Sweden, Evangelical Lutheran Church is the State
Religion, while in Greece, the State supports Eastern Orthodox
Church. In Britain, the Church of England is the official church. In
Spain, Roman Catholic Church is the established religion. Whenever
a particular religion is made the State Religion, other religions and
sects become secondary. With minor changes, this is what obtains
in the present world. In seventeen countries of Middle-East, South-
East Asia and Africa, Islam has been legally assigned a special
status. In fourteen countries of Europe and Latin America, there is
express provision to favour the Roman Catholic Church. In twenty-
two countries, only a member of a recognized church is eligible to
become head of state. In A rgentina, Liberia and Iran such
qualification is necessary for state service. Then what is the
significance of the 'freedom of the soul'? With political motivation
and support of the ruling class in Britain, Protestants attack Irish
Catholics. In the same way Protestants were tortured in Catholic
Spain. They could not get employment in any state department and
were not permitted to teach in schools. In state service, they were
not promoted to higher posts.
Even though in America there has been a formal declaration of the
freedom of the soul and of the separation of the church from the state,
functions in most state institutions are celebrated in accordance with
religious traditions. A session of American Congress opens with a
recitation of Christian prayer. Not only state officials but even the
President has to take a religious oath while taking up their
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official positions. In the constitutions of forty-two states there is a
prayer addressed to God. The Preamble of the constitution of Irish
Republic states:
"In the name of the Most Holy Trinity we the people of Ireland
humbly acknowledging....our obligations to our Lord Jesus Christ..."
In many countries, the courts do not admit evidence given by
atheists. They are not recruited to government services. According to
the constitution of Delaware State, it is compulsory for all citizens to
attend public prayers. In capitalistic countries, the freedom of the soul
is restricted to only the method of worship, but in many countries
even this freedom is not available.
The constitution of Norway makes it compulsory that all citizens
must educate their children according to the spirit of the Evangelical
Lutheran Church. In West Germany, the church runs several schools
and other educational institutions. According to Greek Law, the
education in primary and secondary schools must conform to Greek
nationalism and the ideals of the Greek-Christian culture. In Israel,
there is a state committee for religious education and Jehovaism has
been given the status of state religion.
Prof. B. R. Sharma, President of the Indian Political Association, in
1953, in his presidential address had said:
"India has chosen to be a camp-follower of the West and is taking
pride in its secularism and the paraphernalia of parliamentary
democracy. It is a matter of great sorrow that the new constitution
does not breathe the principles of truth....."*
Democracy
In his Hind Swaraj Gandhiji observed:
"If the money and the time wasted by parliament were entrusted
to a few good men, the English nation would be occupying today a
much higher platform. Parliament is simply a costly toy of the
nation.
"The condition of England at present is pitiable. I pray to God that
India may never be in that plight. That which you consider to
be the Mother of Parliaments is like a sterile woman and a
prostitute. Both these are harsh terms, but exactly fit in this
* This paper formed the basis for discussion in a select group of thinkers in late 1992.
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"opened a new chapter of Indo-British cooperation, for the
Mission found a definite change in the attitude of British industries
towards Indian industrial development and large British industrialists
had not merely reconciled themselves to the inevitability of
industrialisation of India, but in many cases seemed to be in
accord with India's political aspiration."
(Eastern Economist,
2 9 June 1945)
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"Nothing of the kind can be asserted of the modern politician in
any part of the world; he does not represent the soul of a people
or its aspirations. What he does usually represent is above all
the average pettiness, selfishness, egoism, self-deception that is
about him and these he represents well enough as well as with a
great deal of mental incompetence and moral conventionality,
timidity, and pretence. Great issues often come to him for decision,
but he does not deal with them greatly.
"Yet it is by such minds that the good of all has to be decided, to
such hands that it has to be entrusted, to such an agency calling
itself the state that the individual is being more and more called
upon to give up governance of his activities. As a matter of fact, it
is in no way the largest good of all that is thus secured, but a
great deal of organised blundering and evil with a certain
amount of good which makes for real progress, because nature
moves forward always in the midst of all stumblings and secures
her aims in the end more often in spite of man's imperfect
mentality than by its means.
"The organised state is neither the best mind of the nation nor is
it even the sum of the communal energies. It leaves out of its
organised action and suppresses or unduly depresses the
working force and thinking mind of important minorities, often of
those which represent that which is best in the present and which
is developing for the future. It is a collective egoism much inferior
to the best of which the community is capable.
"But the state is an entity, which with the greatest amount of
power, is the least hampered by internal scruples or external
checks. It has no soul or only a rudimentary one. It is a military,
political and economic force; but it is only in slight and
undeveloped degree, if at all, an intellectual and ethical being. And
unfortunately the chief use it makes of its undeveloped intellect is
to blunt by fictions, catchwords and recently by state philosophies,
its ill-developed ethical conscience.
"The second claim of the state idea that this supremacy and
universal activity of the organised state machine is the best means
of human progress, is also an exaggeration and a fiction.
Man lives by the community; he needs it to develop himself
individually as well as collectively. But is it true that a state-
governed action is the most capable of developing the individual
perfectly as well as of serving the common ends of the
community? It is not true. What is true is that it is capable of
providing the co-operative action of the. individuals in the
community with all necessary conveniences and of removing
The State As Instrument 179
from it disabilities and obstacles which would otherwise
interfere with its working. Here the real utility of the state
ceases. The non-recognition of the possibilities of human
co-operation was the weakness of English individualism; the
turning of a utility for co-operative action into an excuse for
rigid control by the state is the weakness of the Teutonic idea of
collectivism.
SWADESHI
CHAPTER 17
Swadeshi:
The Practical Manifestation
of Patriotism
In 1993, 'Swadeshi' has become a queer term.
A common man on the street is fairly fam iliar with its
connotation.
But for uncommon men this is an unknown commodity. For
sophisticated, air-conditioned elite of the metropolitan cities the
concept is strange - an oddity in the midst of modernism.
For "kept" economists of the regime, this is a red rag.
And for the ruling politicians, a bull in their China shop.
So the abuses like 'obscurantism', 'anachronism', etc., are being
used to condemn the idea irreconcilable with the luxurious fashions.
What is most important is not the future of the country, but the
immediate comforts of the westernised urban elite.
These uncommon citizens are not in contact with the earth, they
are in their own ivory towers, cut off from the national realities and
alienated from their co-countrymen.
Fortunately, the number of such persons is extremely limited
- not even one per cent of the total population of this poor country.
It is wrong to presume that 'Swadeshi' concerns itself only with
the goods or services. That is more an incidental aspect. Essentially,
it concerns the spirit detemined to achieve national self-reliance,
preservation of national sovereignty and independence, and
international co-operation on equal footing. Swadeshi spirit inspired
the Britishers to restrain their Head of the State from purchasing a
luxurious German Mercedez Benz car, for her personal use. When
asked by an Indian correspondent as to why he was using a pant
torn (and stitched) because of the weak texture of the Vietnamese
cloth, Ho Chi-Minh smilingly replied, "My country can afford only
this much." When the U.S. forced Japan to give market access to its
Californian oranges, Japanese customers did not purchase a single
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Californian orange and thus rendered the American arm-twisting a
ridiculous affair.
When the Governments of China and Korea prevented the entry
of M ichael Jackson in their countries on the ground that his
performance amounted to 'cultural invasion', they only demonstrated
their Swadeshi spirit. Incidentally, this gesture also indicated that
'Swadeshi' was not merely an economic affair confined to material
goods but a broad-based ideology embracing all departments of
national life. Needless to multiply such incidents. The point is that
all these patriots from different countries drew their inspiration from
the 'Swadeshi' spirit.
'Swadeshi' is the outward, practical manifestation of patriotism.
Patriotism is not considered as isolationism - particularly in our
tradition which stands for integral humanism according to which, on
the level of human consciousness, internationalism is the further
flowering of the spirit of nationalism. Nevertheless, it is noteworthy
that presenting patriotism as isolationism is the usual prr :tice of
imperialist powers. For example, when after the end of the Second
World War it became obvious that under the pressure of the
international situation the imperialists would be forced to grant
independence to their colonies, they started 'operation salvage' to
preserve as much of their vested interests in the colonies as
possible, under the changed circum stances. In Bharat, some
Executive C ouncillors of the Viceroy became their tools.
M isrepresenting the move for full-fledged independence as
isolationism, Sir C. P. Ramaswami Aiyar propagated that in the new
era of internationalism "our motto should be, not independence but
interdependence." Dr. Manmohan Singh's plea for liberalisation and
globalisation is the modem version of Ramaswami's 'interdependence'.
Patriots are not against internationalism. Their plea for national
self-reliance is not incompatible with international co-operation,
provided that the latter is on equal footing - with due regard to the
national self-respect of every country. Their difference of opinion
with the advocates of 'globalisation' is on a different and more basic
point.
Proponents of Swadeshi are not prepared to endorse the view
that the western paradigm is the universal model of progress and
development worthy of being followed by all the peoples of the
world. While they recognise the fact of cultural intercourse, they
Swadeshi: The Practical Manifestation of Patriotism 195
insist that every people have each their own distinct culture, and the
model of progress and development for each country should be
consistent with its own cultural ethos. W esternisation is not
modernisation. Modernisation should be in keeping with the spirit of
national culture. They oppose the move for steam-rolling all the
various cultures and national identities in the world in favour of the
West.
Introduction of modern technology and economic system is the
inauguration of an entirely new civilisation, inconsistent with the
nature of all non-western cultures. This is the basic point of
difference.
Nevertheless, Americanised Indians are condemning Swadeshi
Jagaran Manch on the plea that Swadeshi is the antithesis of the
'sacred' and universally-accepted principle of 'Free Trade' which is
being recognised and followed by all the countries.
It has become imperative, therefore, to examine thoroughly the
'Free Trade' principle, and its position in the field of the current
international trade.
Liberalisation - Free Trade?
Though preached earlier by Adam Smith himself, the principle
of Free Trade acquired unchallenged legitimacy after the publication
of Ricardo's Principles o f Political Economy in 1817.
The intellectual foundations of "Comparative Advantage Theory"
became unshakable. Essentially, the principle declared that
unhindered play of market forces was the best way of obtaining an
optimum trading pattern. Based on the Ricardian model of
comparative advantage and the Hecksher-Ohlin theorem, the theory
claimed that free trade enables each country to specialise in its
production and to make optimal use of its scarce resources. From the
early 19th century until the late 1970s, international trade theory was
dominated by the concept of "Comparative Advantage" which
implies that countries trade to take advantage of their differences.
Economies were assumed to be characterised by constant returns to
scale and perfect competition. Difference lay in tastes, technology
or factor-endowment. Within the framework of the theory, there
m ight have been differences in em phasis. For example, the
Ricardian model emphasises technological differences as the cause
of trade, while the Hecksher-Ohlin-Samuelson model emphasises
differences in factor-endowments. But still until 1970s the validity
of the "comparative advantage" theory was accepted. In countries
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like the US, the UK and the Netherlands, it was accepted as a doctrine
in forming State Trade Policies (though countries such as France, Italy
and the Federal Republic of Germany did not accept the free trade
theory as an official trade policy doctrine).
The GATT became the embodiment of the free trade theory. It has
been rightly said that GATT has, as its building-blocks, the philosophy
of free trade.
Nevertheless, since the late 1950s, doubts began to arise about
the full validity of the free trade theory. Can comparative advantage
theory explain fully the modern developments in the international
trade? Since 1970, the scepticism about the free trade theory has
progressively intensified.
The theory of com parative advantage was based upon the
assumption of perfectly competitive markets and constant returns. But,
as Krugman points out, it was, however, realised that international
markets are not perfectly competitive and that they are imperfectly
competitive. Increasing returns held the key to the operation of these
markets, the advantages of which can be appropriated only by the
dominant firms in the market. The advantages, once appropriated,
become the basis for further gains in the market.
Experts like Winfried Ruigrok felt that by free trade theory
international capital flows, such as Foreign Direct Investment (FDI),
could not be accounted for. The production process as such was not
analysed at all. Technological development was assumed to be
transparent and available to all. Neither the economics of scale nor the
rapid increase of FDI could be explained by free trade theory. The
efficient allocation of scarce resources has never been the sole
consideration in this matter.
Ruigrok poses a question. Why do governments sometimes
choose not to comply with the free trade norms? The answer to this
question reveals, according to him, a fundamental flaw in the
postulates of the free trade doctrine. Contrary to its fundamental
premise, the efficient allocation of scarce resources has never been,
and will never be, the sole consideration in the choice of state policies.
State policies are based on a mixture of political, social, economic and
military considerations. National security and preservation of the
internal order have been, and will remain, more important concerns
than maximising efficiency.
Swadeshi: The Practical Manifestation of Patriotism 197
Again, a case for strategic intervention to provide advantages for
the domestic firms by adopting policies that would discriminate against
the foreign firms, appeared to be gaining greater support. Brander
suggested subsidies to strengthen the position of a domestic firm
engaged in competition for the world market with a foreign rival.
Spencer also put forth a similar suggestion for subsidies. There was a
growing feeling that import restrictions and export subsidies may, in
certain circumstances, be in the national interest. The case of Japan
granting 700 per cent subsidy to its rice farmers and imposing 700 per
cent duty on import of foreign rice illustrates this point.
Sometimes governments act not necessarily in the national interest
but under the pressure of domestic pressure groups.
During the latter half of the 1980s, the adherents of free trade
acknowledged that their basic argument was challenged seriously.
Government intervention could lead to profit-shifting from one country
to another. Under such circumstances, countries following the
traditional rules of free trade would inevitably transfer wealth to their
trading partners. The term "Competitive Advantage" became
prefereable to "Comparative Advantage". In 1980s, Japan's successful
export drive to the EC and US has proved how "com petitive
advantage" could be created.
During the 1970s and 1980s experts increasingly believed free
trade model to be sacrosanct. But Paul Krugman says, "Free Trade is
an idea that has irretrievably lost its innocence." During this period
the traditional models of international trade have been supplemented
and sometimes even supplanted, by a new breed of models that
emphasises economies of scale, increasing returns and imperfect
competition. (The dynamic scale economies are associated with
investment knowledge and R & D).
Today, the general trend is to believe that comparative advantage
is an incomplete model of trade, and also to believe simultaneously
that free trade is nevertheless the right policy. Krugman informs us
that this is the position taken by most of the new trade theorists
themselves. So free trade is not 'passe' - but it is not what it once was.
The case for free trade is currently more in doubt than at any time
since the 1817 publication of Ricardo's Principles o f Political
Economy.
In the Uruguay Round of negotiations, unqualified support for
198 Third Way
the free trade framework has been espoused, and simultaneously,
increase in protectionism and threat of intervention in the markets of
partner countries to seek enlarged access to exports, have been
adopted by United States in formulating its trade strategy!
In spite of all the propaganda in favour of 'free trade' concept,
Ruigrok informs us that the pattern of global trade looks as follows:
- approximately 25% takes place inside global companies (intra
company trade),
- approximately 25% is bilateral trade (by preferential agreements),
- approximately 25% is barter trade,
- approximately 25% can be considered 'free trade' governed by
GATT rules.
The author has quoted this from FAST ('Forecasting and
Assessment in Science and Technology').
While advocating the principle of free trade, the US has been
following the policy of protectionism regarding textiles right from
1956 when the President was given the authority under the Agriculture
Act to negotiate agreements for limiting "imports into the United
States, of Textiles or Textile products". In the 1980s the US
administration employed non-tariff barriers to insulate the US
automobile industry from the competitive threat that, as in the case of
textile industry, was posed by Japanese imports. As James Dunn points
out, post-war international trade in automobiles has always been a
mixture of liberalising and protecting elements.
Japan is, in many cases, a one-way trader, not importing any of
the product categories it exploits. The same is the case with the
Japanese foreign investment imbalance. As on 31 March 1990,
Japanese direct investment abroad amounted to seventeen times the
value of FDI in Japan. Japanese competitiveness and huge trade and
investment imbalances have contributed, according to experts, to the
EC and US conflicts with Japan in industrial products. 'Toyotism' of
Japanese industry has given it a great advantage over 'Fordism' of the
US and EC industries. To cite a single example, in the 1960s and 1970s,
the EC's ship-building industry could not stand a threat from Japanese
ship-building companies' aggressive marketing strategies.
With the present growth of Japan's foreign direct investments in
the EC and the US, the industries of the latter are demanding more
Swadeshi: The Practical Manifestation of Patriotism 199
trade barriers and greater protection (though recently Japanese
economy also is showing signs of decay).
It is interesting to note that criticism of free trade doctrine has
been gaining ground as the EC and the US have been meeting with
increasingly fierce competition in a number of industries. Many of the
earlier champions of the doctrine are today its critics.
The opportunism is not a new phenomenon. When German
goods were dominating British markets, Britain was the worst critic of
free trade principle. After industrial revolution, the equation changed
and Britain became the best champion of free trade doctrine.
The current American concept of "fairness in trade" reminds
Biswajit Dhar of Gladstone's remark made more than a century ago
under a similar situation: "It (fairness in trade) bears suspicious
likeness to our old friend protection."
The decline in the economic strength of the United States
started in the 1960s. The process of the end of its hegemony
commenced around 1973. By the 1980s the United States had come
to be established as the economic power going rapidly down-hill.
Several authors like Linder and others have predicted the end of the
US hegemony in the international economy during the early period of
the next century. With every new set-back, the US has been
deviating progressively from the principle of free trade, and by this
time it has completely abandoned that once-sacred doctrine. These
recent developments and deviations in the US trade strategy have
been aptly elaborated by Biswajit Dhar in his The Decline o f Free
Trade and US Trade Policy Today.
At the level of policy, the demise of 'non-interventionist' mode
can be seen clearly in the case of US where trade administration has
adopted an "activist" trade policy, particularly during the last two
decades. While the increased dose of protectionism formed the core
of the nature of state intervention in the earlier years, seeking
increased market-access to US products by compelling its parner
countries to change their policies and become "more open" has been
the present line of its policy. Protectionism has now become the
sole thrust of the policy-initiative in recent years. Trade legislation in
US since 1974 indicates this trend. The Omnibus Trade and
Competitiveness Act of 1988, particularly through its two new
provisions, namely, Super 301 and Special 301, unfolds fully
the intentions of the policy-makers.
200 Third Way
The protectionist measures adopted by the US have abrogated
the basic principles of non-intervention in trade, underlying the
post-war trading system governed by the GATT rules. Specific and
systematic trade barriers have been raised by the US, in violation of
the GATT rules. This has grossly undermined the multi-lateral
trading system. In response to the competitive threats from Japan
and other newly-exporting countries, the US curbed imports by
using increasing doses of protectionism achieved through imposition
of the non-tariff barriers, and increased exports by forcing open
foreign markets using the powers of trade retaliation that were
assumed by the US President through the Trade Acts of 1974 and
1988. The first phase gave protection to domestic producers against
imports. Quota restrictions on exports to the US were imposed. The
US trade adm inistration frequently imposed Voluntary Export
Restraints (VERs) and Orderly Marketing Arrangements (OMAs) on
several countries.
The more prom inent industries that were provided import
protection were steel, automobiles, textiles, machine tools and
semiconductors. Section 301 of the 1974 Act was directed at the
policies of foreign governments which did not provide free access to
US products in their markets. In 1985, the insurance industry in
Korea was targeted for this purpose; the action under Section 301 of
the 1974 Act was initiated. Between 1985 and 1988, when the
Omnibus Trade and Competitiveness Act was passed, Section 301
was introduced to deal with cases relating to insufficient protection
of intellectual property rights of US origin.
Under Super 301, action could be initiated against the entire
gamut of trade and trade-related policies that the infringing partners
were following in retaliation against a sector or an industry-specific
infringement. In other words, Super 301 provided for cross-retaliation
between sectors.
Secondly, Super 301 introduced a time-frame for identifiable
specific cases of trade distortions, and initiating cases against
countries which, according to the US, were obstructing US exports.
The cases under Super 301 were to be initiated in 1989 and 1990;
and the retaliatory action against the identified "infringing" countries
was to be carried out within 180 days of establishing that trade
distortions were liable for retaliation.
Swadeshi: The Practical Manifestation of Patriotism__________ 201
Special 301 covers infringement of intellectual property rights of
US origin causing distortions in US exports. Special 301 was to
ensure that US exports could be increased by compelling countries
to provide a stronger monopoly to US commercial interests in their
markets through an appropriate system of intellectual property
protection that the US trade administration deemed fit.
Unlike provisions under Section 337, the Special 301 provision
did not put the onus on the complainant to "prove" the injury. The
US International Trade Commission was simply required to institute
inquiry into the complaint and grant protection, all within 90 days of
the registering of the complaint.
In May 1989, the USTR identified three countries - India, Japan
and Brazil - and put them on the list of priority countries for action
under Super 301; and six trade-distorting practices - the 'priority
practices' - of these countries were identified; India was found to
restrict US exports from entering into markets through following two
priority practices.
(a) Foreign inventors in the country were required to export a
part of the produce, and to use locally produced inputs, thereby
causing trade distortions; and
(b) US service industries were prevented from competing in the
Indian market. India's market was completely closed to foreign
insurance companies.
A new list of 'priority practices' under Super 301 was issued in
April 1990. The list had two cases and both involved India. The two
priority practices of India listed in 1989 were again included in the
1990 list. Japan and Brazil were excluded. Trade barriers to insurance
and investment in India were particularly irritating to the U.S.
In 1989 and 1990, four countries - India, China, Thailand and
Brazil - were put on the priority watch list. In April 1991, USTR
decided to initiate proceedings under the Special 301 clause. India,
China and Thailand were named as priority countries for action
under Special 301.
The US is insisting upon free trade and the so-called
'liberalisation'. The US experts have excelled Goebbels in the
propaganda techniques. "Repeat a lie hundred times, and it becomes
the truth", Goebbels said. Hitler went a step further. He said that if a
lie is to be circulated, you should not give a simple lie, but give a
202 Third Way
big bluff - so big that people will not be able, because of the
magnitude of the given lie, to suspect that such a big news may be
a lie. Because of the American propaganda the doctrine of economic
liberalisation became popular in the last two decades. De-regulation
and privatisation have acquired respectability and authenticity. The
IMF and the World Bank have been striving to sell 'liberalisation'
doctrine to the Third World countries by imposing on the debtor
countries the policy of economic liberalisation as a condition of
further credit! The GATT and the US are preaching the free trade
principle as a sacred gospel truth. But the US is itself violating this
"sacred" principle. The US is also violating the standards evolved
by the International Organisation for Standardisation. The US public
procurem ent policies are not in conform ity with the GATT.
Government procurement code, 'Buy - American' restrictions, cover a
vast area. There were thirty-one significant cases of special
protection which covered four broad sectors - manufacturing, mining,
agriculture and fisheries. Some other services also are being given
protection. It is subsidising heavily its farm sector, while demanding
that other countries should withdraw all subsidies to that sector. It
is follow ing double-standards in case of the pharm aceutical
sector also.
These are clearly unprincipled bullying tactics. The culprits in
this crime are the rulers and the big capitalists of the US - not its
common masses who are them selves kept in the dark about
developments on the economic front. These bullying tactics are
being employed not only against the southern, developing countries,
but also against European community and North American peoples.
The recent militant reaction of French farmers and the strong support
given to their gesture by farmers of the European countries; the
agitation of the working people of the US against the North
American Free Trade Agreement (NAFTA); the effective protest
registered by Canadian voters against the ruling party that became a
signatory to the notorious NAFTA; the dem onstration (on 2
October) by 12 purely American organisations of environmentalists
and humanitarians against the modus operandi of Cargill - all these
indicate that the unholy alliance between the rulers and the big
capitalists of US is operating not only against the third world
countries, but also against other developed white countries, and
even against the less privileged masses of US itself.
And these culprits are the champions of free trade, liberalisation
and globalisation - a case of Satan quoting the Bible.
Swadeshi: The Practical Manifestation of Patriotism 203
To sum up:
In its present form
'Liberalisation' of the GATT and the US is a downright fraud.
'Liberalisation' of Dr. Manmohan Singh is sheer gullibility.
'Liberalisation' of our air-conditioned radicals is ignorance or
hypocrisy.
'Liberalisation' is a grave challenge to patriots of all non-
American countries.
Hence the propriety and urgency of 'Swadeshi' for all non-
American peoples of the world.
Genuine liberalisation and hegemonic globalisation can never go
together. The Hindu concept of globalisation represents genuine
globalisation.
The Hindu version of globalisation is fairly well known to all
Hindus who are not self-alienated: For them the elaboration of Hindu
concept may be a superfluous repetition of whatever they know
already. For the benefit of the de-H induised Hindus a brief
restatement of the same may, however, be helpful here.
Pandit Deendayal Upadhyaya, who could conceive of the Central
State Authority without stateism, envisaged evolution of the world
state enriched by the growth and contribution of different national
cultures, as well as the flowering of the Manava Dharma, enriched
by the perfection of all the religions including ’materialism'.
Revered Shri Guruji believed that the world unity and human
welfare could be made real only to the extent mankind realised the
ultimate, absolute Vedantic truth that "all is one". What he implied
was not elimination of all distinctive features of nations and rolling
them all into one uniform pattern. He visualised various groups of
peoples coming together in a spirit of familism realising the innate
oneness of mankind while preserving their individual identities and
special characteristics. The different human groups are marching
forward, all towards the same goal, each in its own way and in
keeping with its own characteristic genius. The destruction of the
special characteristics, whether of an individual or of a group, will
destroy not only the natural beauty of harmony but also its joy of
self-expression. To seek harmony among the various and diverse
204 Third Way
characteristics has been our special contribution to world thought.
Shri Guruji says:
"The World State of our concept will evolve out of a federation of
autonomous and self-contained nations under a common centre
linking them all... It is the grand world-unifying thought of Hindus
alone that can supply the abiding basis for human brotherhood.
That knowledge of the inner spirit will charge the human mind with
the sublime urge to toil for the happiness of mankind, while
opening out full and free scope for every small life-speaciality on
the face of the earth to its full stature. Verily, this is the one real
practical world-mission, if ever there was one."
This Hindu concept has been elucidated elaborately by Rishi
Aurobindo who envisaged the still further stage of 'mass
spiritualism'. With this mental background, our Rishis conceived of
the 'One World State' :
Dharma-kshetre*
God, we enter our last fight
Thou knowest our cause is right
Make us march in Thy Light
On to Victory!
(Anonymous)
Swadeshi is gaining momentum everywhere. In the United States,
the spirit of Swadeshi is reflected in its popular slogan of 'Be
American: Buy American' and its official policy of protectionism.
Other western countries also are trying to follow the same path
as far as possible.
The patriots of developing countries are progressively realising
the danger of foreign economic imperialism and turning to Swadeshi
to frustrate the evil designs of imperialist conspirators. Only the self-
centred gullibles and the self-seeking stooges of foreign capital in
these countries are refusing to see the obvious.
For Bharat, the term Swadeshi has special significance. Here it is
not a mere economic movement but is a means of bringing about
economic reconstruction of the country. It is not a mere political
slogan, but is the essence of declaration of political independence.
As a matter of fact, it is a spiritual movement which comprises not
only the objectives of economic developm ent and political
independence but also all other aspects of national consciousness.
This has been explained by Rishi Aurobindo in Vande Mataram
dated 11 June 1908.
The author of this work is well known in academic circles. He
writes regularly on current economic issues in the Organiser and
other periodicals, he is the Director of the Bharatiya Agro-Economic
Research Centre of Bharatiya Kisan Sangh. He is also a National Co
convener of Swadeshi Jagaran Manch. As a Swayamsevak of
Rashtriya Swayamsevak Sangh he has worked in different capacities to
further the cause of that organisation. He never writes a word without
'The whole earth is our family' has been our motto. That is why the
term Hindu has no antiquity, it is not to be found in ancient literature.
But now the roles are reversed. Globalisation is being preached to
us by those who are known to history for their im perialistic
exploitation and even genocides. Indeed Satan is quoting scriptures!
Hegemonism is parading itself as globalisation.
Recently, many nation-states are confronted with a new problem:
Terrorists, fundamentalists, criminals, war-lords, and narco-killers might
be somehow quarantined but there are organised conspiracies to shift
power from nation-states to the global gladiators, the most powerful
global gladiator being the group of multinationals now trying to
throttle sovereignty of all third world countries through the medium of
GATT (or World Trade Organisation). This they are striving to achieve
by keeping patriots of all these countries in the dark about the
international economic developments affecting the fortunes of their
respective countries. Patriots of every developing country are being
assured of unprecedented economic prosperity if they are mentally
prepared to forego their national sovereignty for this post-dated
cheque. Through this allurement, the foreign capital expects that
people of these countries can be persuaded to forget the value of
their national sovereignty. But here the multinationals are fortunately
mistaken. They have not taken into account the inherent strength of
the concept of sovereignty. In his Recent Theory o f Sovereignty, H. F.
Choen declares that even if the word sovereignty disappears,
the substance of sovereignty will remain.
This is the crux of the problem. The main purpose of the
Swadeshi movement is to preserve the national sovereignty. We are
quite capable of bringing about economic reconstruction of our
country on the basis of the spirit of national self-reliance and the
South-South co-operation on equal footing.
The inauguration of the Swadeshi movement indicates that we are
on the threshold of Swadeshi renaissance. As Rishi Aurobindo points
out, renaissance in Bharat would be qualitatively very much different
from that in Europe. It will be beneficial not only to this country but to
the whole mankind and the universe. Because of our values of life, the
very concept of humanism will undergo a revolutionary change.
Western humanism is homocentric, based on the principle proclaimed
by Protagoras: "Man is the measure of all things."
212 Third Way
Daumer says,
"The frightful tortures that unfortunate beasts suffer at the tyran
nous and cruel hand of man are for these barbarians 'rubbish'
that nobody should bother about."
In his True Humanism Maritain observes,
"Any form of anthropocentric humanism is in its final analysis an
inhuman humanism."
Loknayak Jaya Prakash Narayan said,
"Materialism as philosophical outlook could not provide any basis
for ethical conduct, any incentive for goodness."
Dr. Schumacher remarks,
"If all the new problems were solved by technological fixes, the state
of futility, disorder and corruption would remain."
Mankind is already experiencing the truth of this statement.
Leadership of every western thought-system is failing. Consequently,
the social orders based on such thought-systems are collapsing.
Drucker rightly rem arked that trees die from the top, so do
organisations. Mankind is in need of a new type of leadership. It can
arise only on the strength of the new values of life, a new Darshana.
Our Darshana proclaims : "All is one", That is why we
could conceive of Integral Humanism which is the modern
manifestation of Sanatana Dharma. Only those who have assimilated
the spirit of Integral Humanism can provide the much needed new
leadership to mankind.
Thus the Swadeshi movement, which appears presently to be
concerned with material goods and national sovereignty only, is to
culminate in the emergence of a new variety of world-leadership.
But even a thousand-mile march must begin with the first step. The
campaign of Swadeshi Jagaran Manch in the first fortnight of
December 1994 is such first step. Its rationale is being explained by
Daya Krishna in this work.
The blueprint of the World Trade Organisation indicates that the
world is moving fast towards 'A rmageddon* - the scene of a final,
decisive battle between the forces of good and evil. To ensure ultimate
triumph of Dharma over Adharma, let us pray to God, in the words of
the poet Josiah Gilbert Holland :
* See Appendix II
Dharma-kshetre 213
"God give us men.
The time demands
Strong minds, great hearts,
True faith and willing hands;
Men whom the lust o f office
Does not kill;
Men whom the spoils o f office cannot buy;
Men who possess opinions and a will;
Men who have honour;
Men who will not lie.
CHAPTER 19
that are God's." Thus, what Pandit Nehru wanted to convey through
the use of the term ’secular' was something different from what is
generally understood by that term all over the world. The nearest
equivalent of the Nehruvian concept of 'secular state' would probably
be 'non-denominational state', though I am mentioning this word for
want of any other more exact term. "The letter killeth," remarked Jesus,
and any public debate on a technical subject is bound to result in
confusion worst confounded, if the main terms used therein are not
precisely defined.
'Modernisation'
Can we define 'Modernisation'?
'Modern' means 'of the present and recent times' or 'characteristic
of present or recent time'.
Conventionally, the term 'Modernism' denotes modern views or
methods; tendency in matters of religious beliefs to subordinate
tradition to harmony with modem thought, modem term or expression.
In other words it denotes modern usage, expression or trait; modern
spirit or character; a tendency to adjust Christian dogma to the results
of science and criticism. To modernise is to adapt to the present time,
conditions, needs, language, or spelling; to adopt modern ways.
Obviously, this connotation is the natural consequence of the
peculiar historical background of Europe. It becomes irrelevant in the
case of a country which had no Church, no organised priesthood, no
religious persecution, and no conflict between religions and sciences.
To non-European countries, therefore, 'Modernisation' should
simply mean equipment to solve the problems and meet the challenges
of modem times, with a view to ensuring all-round progress in future.
'Westernisation' Defined
And now, what is 'Westernisation'?
Broadly, it means making oriental people or country to adopt ideas,
ideals, institutions, systems, structures, living standards and values of
life, of the West.
Western or Eastern
But it is not so easy to identify what exactly is 'Western'. So far
218 Third Way
as the ever-expanding frontiers of human knowledge are concerned, it
is noteworthy that truth has no party, no class, no caste, no
community, no nation. It is invariably universal, though the first
person to come across or realise such truth may be belonging to some
nation or class or religion.
That does not make it western or eastern. For example, can anyone
specify whether the following items are western or eastern?
1) The well-known theorem of Pythagoras who was described by
king Clement of Alexandria as "the pupil of a Brahmin."
2) The atomic theory of the West which was anticipated thousands
of years ago by trcrmjanr? of Kanada.
3) Dialecticism of Hegel and Marx which was first envisaged and
systematized by Kapila Muni.
4) The fact that it is the Earth which moves round the Sun and not
the Sun around the Earth - which was proved more than a
thousand years ago by Aryabhata before it was proved in the
West by Copernicus.
5) 'Our of non-existence emerged existence' (3rmit mj;3Miud), the first
ever Sutra of Materialism of Democratus - written centuries earlier
by Brihaspati.
6) The scientific definition of 'Matter' given for the first time to
modern science by Heisenberg and to Hindus by Patanjali.
7) The scientific concepts of Time and Space such as, the relativity
of Time and Space, the unity of the Universe, a Space-Time
Continuum etc. established in ancient times by Vedic thinkers and
proved in this century by Einstein.
8) The process of scientific philosophical thinking initiated by
Parameshthi Prajapati of Nasadiya Sukta and developed by
Einstein.
As H. G. Chernyshevsky observed,
"the principles explained and proved by the present-day sciences
were already found and taken to be true by the Greek
philosophers, and much earlier, by the Indian thinkers."
All Knowledge is Universal
To sum up:
All knowledge is universal; it is neither western nor eastern.
Modernisation Without Westernisation 219
The same holds good about all sciences and technology. True, the
advance of the West in this direction commenced after the European
Renaissance, and during this entire intervening period we could not
register normal rate of progress for the simple reason that we were
throughout engaged in the life-and-death struggle on a national plane;
but it is an indisputable fact that Hindu Sciences and Hindu Arts had
migrated to Greece, via Arabia and Persia, before the European
Renaissance, which was preceded by the Dark Age of Europe. Newton
once remarked:
"If / have been able to see further than others, it was because I
stood on the shoulders of giants."
What is true of an individual, can be equally true of a nation.
Today we aspire to stand on the shoulders of the western giants; but
the West could raise these giants because, during Renaissance, the
entire intelligentsia of Europe stood on the shoulders of Hindu giants.
It is, therefore, unrealistic to describe any knowledge as western or
eastern; it is all universal.
Illusory Differentiation
Nor would it be realistic to describe the difference between the
East and the West as that between belief and disbelief or theism and
atheism, though it is true that the West is predominantly materialistic.
For example, the theists in Bharat have no quarrel with the atheists of
the West, because the God the latter condemn is different from the
God the former worship. Theirs is a personal God, ours impersonal,
without any name or form, formless, and therefore, capable of
assuming or not assuming any form, in keeping with the taste, the
aptitude, the requirement, the mental background and the level of
understanding of each and every individual, nameless and therefore,
capable of adopting or not adopting any name. No need, therefore, to
be disturbed over their attack on the God-concept.
On the contrary, after the declaration by materialist philosophy
that consciousness is the highest development of matter, and
particularly with the advance of modern science, the line of
demarcation between the material and the non-material is now almost
vanishing. The New Soviet Psychic Discoveries by Henry Gris and
William Dick also indicates the same fact. The conceptual journey from
the purely physical nature through biological evolution
encompassing instinct, intuition and impulse, to development of
brain, intelligence, reason and rationalism , to extra-sensory
220 Third Way
perception, may or may not be factual, but it is certainly a fact that
with the interconvertibility of matter and energy, matter has lost its
basic character and is now exposed to the ideological onslaught of the
Brahman, the ever-expanding. Against this background, one wonders
whether a fight between Theism and Atheism is not in reality now
over empty terms that have lost their original significance.
Thus this differentiation, which is sought to be highlighted by
some religious authorities, does not stand the scrutiny of reason.
Essentially Human
Instincts, impulses, urges, intelligence, sentiments, emotions, even
intuitions - all these are essentially 'human'; they cannot be branded as
western or eastern.
What then precisely is western?
Cultural Difference
Though human mind everywhere is essentially the same, it
would be unrealistic to deny the fact that different societies have
passed through different situations and different historical courses of
events, and these latter have left a deep impact on the collective
mind of every society. Geography and history are the main factors
responsible for such differentiation.
For example, regarding India, Vincent Smith says,
"India, circled as she is by seas and mountains, is indisputably a
geographical unit and as such rightly designated by one name.
The type of civilization too has many features which differentiate
it from all other regions of the world; while they are common to
the whole country in a degree sufficient to justify its treatment
as a unit in the history of the social, religious and intellectual
development of mankind."
Among other things, geo-political factors contribute substantially
to such differentiations.
All such distinctive factors give rise to different cultures.
'Culture' Defined
The word 'culture' denotes a trend of impressions on the mind
of a society which is peculiar to its own, and which, again, is the
cumulative effect of its passion, emotion, thought, speech and action
Modernisation Without Westernisation 221
Except for a few modern scientists, the West, being still under
the influence of Newtonian science, clings to the myth that mind is
only a super-structure on matter and hence believes that socio
economic structure is basic, deserving our exclusive attention. The
religion, culture, ethics, literature, arts, etc. - all these constitute a
mere super-structure which will automatically undergo appropriate
corresponding changes, once the socio-economic order is altered
suitably. Mind need not be specially attended to, 'samskars' are a
superfluity. The exclusive concern of all the modem western thought-
systems is the appropriate socio-economic transformation; they have
no time to indulge in the subject of psychological transformation
which will, they are convinced, take care of itself after the
inauguration of the new social order.
Homocentricism
Homocentricism is yet another special characteristic of the West.
Humanism is no doubt preferable to self-centred individualism.
Protagoras declared, "Man is the measure of all things." Marx
observed, "Man is the root of mankind." Roy advocated
reconstruction of the world as a commonwealth and fraternity of free
men, by the collective endeavour of spiritually emancipated moral
men. All this is laudable. But it treats our own human species as the
centre of entire existence, which is doing injustice to all other, non
human species and components of existence. Homocentricism is
expressed in the realistic manner when a character in Maxim Gorky's
play The Lower Depth declares: "All things are part of man; all
things are for man". "Man - that is the truth." Exploitation of man by
man cannot be tolerated; but exploitation of non-human beings
222 Third Way
by human beings can even be encouraged. Recently, we formulated
a universal charter of human rights; but non-human beings are
entitled to no rights.
Western Humanism - Not Adequately Humane
".....she (India) can, if she will, give a new and decisive turn to
the problems over which all mankind is labouring and
stumbling, for the clue to their solutions is there in her ancient
knowledge."
Modernisation Without Westernisation 239
Shri Guruji
Shri Guruji observed,
"It is the grand world-unifying thought of Hindus alone that can
supply the abiding basis for human brotherhood, that knowledge
of the inner spirit which will charge the human mind with the
sublime urge to toil for the happiness of mankind, while opening
out full and free scope for every small life-speciality on the face of
the earth to grow to its full stature."
Means and Ends
To modernise or not to modernise is not the main or the more
relevant question before the mankind today. Modernisation is only
the means and not an end in itself. What is the end, the ultimate
goal? According to Dharma, it is the com plete, solidified,
unintermittent, eternal happiness of all. To the extent to which
modernisation is helpful for this purpose it is welcome. But if this
supreme goal is to be achieved through the instrumentality of
modernisation, we must cease to identify it with westernisation.
CHAPTER 20
South-South Co-operation*
The leadership in the Third World remained in disarray while the
negotiations were on at Geneva. No efforts were made by the leaders
of the Third World to understand the immediate or long-term
repercussions of the GATT Agreement, either individually or at a
collective level. On the contrary, they preferred to give an impression
to their people that they were part of the agreement process. The
fallacy of this was exposed in the first quarter of December 1993
when closure of Uruguay Round was announced. Only the European
Union and the US were in the play-field.
Though some eminent individuals and some NGOs (non
government organisations) did warn their governments about the
adverse im plications and im pact at some points, and some
governments did agree with the points made by them, unfortunately
the leaders did not raise them at the negotiations in an effective
manner. No group of Third World heads of state - neither Non-
Aligned Movement (NAM) nor G-15 nor G-77 - considered it worth
while to hold even a single m eeting to discuss the adverse
implications of the GATT Agreement. In the various statements,
individual and regional countries from the South had stressed that
with few exceptions the various regional and sub-regional schemes
had fallen short of expectations and that their objectives remained
unfulfilled. In the UNCTAD (United Nations Conference On Trade
And Development) meeting Syed Jamaluddin of Bangladesh blamed
the not-so-encouraging picture of South-South trade on "lack of
commitment among developing countries." Effective implementation
of Economic Co-operation among Developing Countries (ECDC)
required support from the donor countries but donor countries and
international agencies are not sensitive to the needs of South-South
Co-operation.
Economics o f South-South Co-operation
The rapid growth of some countries from the South, the
continued recession in major developed countries and the realisation
* This article was published in the weekly 'O r g a n is e r ' dated 6th March 1994.
South-South Co-operation 241
and complementarities gave momentum to the idea of South-South
co-operation in early seventies. The Centre-Periphery theory of Raul
Prebisch gave the theoretical support to the idea of South-South Co
operation. Prebisch was an Argentina-born economist. At the core of
his analysis lies the differentiation of the economic structure of the
centre and periphery: at the centre the developed and at the
periphery the developing countries. Through this theoretical
prescription he gave new insights for understanding the needs of
developing countries. He was an ardent supporter and, in fact, a
promoter of co-operation among developing countries.
The concept of South-South Co-operation found its forceful
expression in the 1985 Report of United Nations Industrial
Development Organisation (UNIDO). It reads:
"The factual analysis brings out the global nature of recent
crisis in industrial growth. The slow-down has hit both the
North and the South; the growth momentum has been broken by
North-South interaction. To some extent, the developed market
economies chose the policy of recession and retrenchment in order
to bring inflation down. This has led to a reversal o f the
positive feedback in the trade and output growth of the world
industrial economy in the period 1963-1979. North-South
interdependence has worked in a negative position since 1980 and
the impact is being felt in the ripples of the debt crisis in the South
as well as in the North."
The report further says:
"If however, there is neither the prospect of expansion in the
North nor of international financial reform, can the South take
the path of greater self-reliance? South-South Co-operation has
its origins in the Arusla Declaration and has been furthered in
Lagos Plan of Action and the Caracas Programmes of Action. By
expanding trade and co-operation with each other, the South can
continue its efforts at industrialisation. A careful and detailed
analysis of potential for intra-South trade reveals that there are
a number of opportunities for increasing trade between South
regions. Such opportunities are there particularly in the field of
capital-goods industries as well as in basic products in light
industries."
UNCTAD Standing Committee on ECDC in its 1992 Report
says:
16
242 Third Way
"South-South trade in general, trade within regions except in
West Asia has been increasing in the latter half of 1980s. The
share of intranational trade in total South-South trade rose from
48% in 1980 to 57% in 1986 and to 71% in 1991. This showed a
steady regionalisation of South-South trade during this period."
The UNCTAD Secretariat had pointed out that after some
serious setbacks in the 1980s South-South trade had shown some
signs of recovery but still continued to be "the weakest link in world
trade" accounting in 1991 only for 7.2% of the world trade. Much
homework had been already done on this subject by various bodies.
For example: documents of the UNCTAD which has been one of the
major multilateral organisations engaged in fostering ECDC are
already published.
Institutional Support
i
254 Third Way
Obviously, the western paradigm cannot be the universal model of
progress and development.
What, then, should be the shape of Param Vaibhavam?
The Shanti Mantra of Vedic Seers and the Pasaya-Dana of Sant
Jnaneswar are some of the manifestoes of Hindu Rashtra. In Bunch of
Thoughts by Shri Guruji Golwalkar on the philosophy of the Rashtriya
Swayamsevak Sangh (RSS), one can listen to the voice of a seer
enunciating the 'World Mission of the Hindu Rashtra'.
Revered Shri Guruji, the second Sarsanghchalak of the
RSS, believed that the world unity and human welfare can be made real
only to the extent that mankind realises the ultimate, absolute Vedantic
Truth that 'All is One'. What he envisaged was not elimination of all
distinctive features of nations and rolling them all into one uniform
pattern. He visualised various groups of peoples coming together in a
spirit of familism, realising the innate oneness of mankind while
preserving their individual identities and special characteristics. The
different human groups are marching forward, all towards the same
goal, each in its own way and in keeping with its own characteristic
genius. The destruction of the special characteristics, whether of an
individual or of a group, will destroy not only the natural beauty of
harmony, but also its joy of self-expression. To seek harmony among
the various and diverse characteristics has been our special
contribution to the world-thought.
Shri Guruji felt that the World State of our concept,
"will evolve out of a federation of autonomous and
self-contained nations under a common centre linking them... It
is the grand world-unifying thought of Hindus alone that can
supply the abiding basis for human brotherhood, that knowledge of
the Inner Spirit which will charge the human mind with the sublime
, urge to toil for the happiness of mankind, while opening out full and
free scope for every small life-speciality. Verily this is the one real
practical world-mission, if ever there was one."
This Hindu concept has been elucidated elaborately by Shri
Aurobindo, who envisaged the further stage of 'mass spiritualism'.
Some elevated souls from the West also are inclined to endorse
such a Hindu vision of the future. For example, the French savant Paul
Martini Dubost proclaims:
Reach for Param Vaibhavam 255
"After two thousand years, India is on the agenda. India belongs to
everybody. The melody of the Indian soul is something which never
ceases to move us."
Arnold Toynbee says,
it is already becoming clear that a chapter which has a Western
beginning will have to have an Indian ending if it is not
to end in the self-destruction of the human race... At this
supremely dangerous moment in human history, the only way of
salvation for mankind is an Indian way.
If India were ever to fail to live up to this Indian ideal which is the
finest, and therefore, the most exacting, legacy in your
Indian heritage, it would be a poor look-out for mankind as a whole.
So a great spiritual responsibility rests on India."
This is India's destination - Param Vaibhavam. Not the
invariably transitory superpower status, but the pre-ordained Jagad-
Guru-pada.
Bharat is eminently suited to play this role - Bharat with Sanatana
Dharma as its absolute referent and 'All is One' as its ultimate
realisation; its tradition of ever-changing socio-economic order in the
light of the unchanging, eternal universal laws of Dharma.
The western and the Hindu are the two entirely different
paradigms with their entirely different value systems, institutional
arrangements and parameters.
The materialistic West has failed to achieve the professed goals
of the French Revolution. Dr. Babasaheb Ambedker, who had
assimilated the spirit of Dharma, observed,
"Positively, my social philosophy may be said to be enshrined in
three words; Liberty, Equality and Fraternity. Let no one,
however, say that I have borrowed my philosophy from the
French Revolution. I have not. My philosophy has roots in
religion and not in political science. I have derived them from
the teachings of my master, the Buddha.
In Buddha's philosophy, liberty and equality had a place; but he
added that unlimited liberty destroyed equality, and absolute
equality left no room for liberty. He gave the highest place to
fraternity as the only real safeguard against the denial of liberty
or equality. Fraternity was another name for brotherhood of
humanity, which was again, another name for Dharma. Only
256___________■
__________________________________Third Way
brotherhood cart protect freedom and equality. This brotherhood
is also called social oneness. It is humanity, it is Dharma."
Against this background, it should be easier to comprehend why
Gandhiji said:
"Hinduism is a relentless pursuit after Truth, and if today it has
become moribund, inactive and unresponsive to growth, it is
because we are fatigued, and as soon as the fatigue is over,
Hinduism will burst forth upon the world with a brilliance
perhaps unknown before."
That will be the beginning of our march towards India's inevitable,
pre-ordained destiny.
APPENDICES
17
Appendix I
On Revolution*
The first-ever revolution of the world was organised in Vedic
India - when, under the leadership of the politically disinterested
sages, the people rose against, deposed and killed the tyrant Vena.
This was centuries before Romulus slew Remus, or Cain, Abel.
Vamadeva, as quoted by Bhishma, advocates bloody revolution
against autocracy, and Shukra enjoins the duty to rebel against bad
government. Bhagavad-Gita can be more aptly termed as the
'Saffron Book' of all authentic revolutionaries, though, as Geoffrey
Fairbairn points out in his Revolutionary Guerrilla Warfare,
"One of the casualties of modern warfare is a loss of that deeper
understanding of the human condition which was stated, perhaps
two millennia ago, in the Bhagavad-Gita : a man has the right
to act, but not to expect the fruits of his actions."
Violence is a common denom inator for both wars and
revolutions, and the above observation highlights the qualitative
difference between Karmayogi Arjuna and the politically interested
revolutionaries of this century.
Every household in India is familiar with the names and deeds of
the revolutionary leaders of immediate past, such as, Shivaji and
others.
In recent times, the Naxalites popularised the Maoist dictum:
"Political power grows out o f the barrel o f a gun."
Not many are aware that seventy years before the
commencement of the Naxalite movement Lokmanya Tilak wrote,
"Our readers will understand why the Afridis say that the British
Empire in India is the reward given by Allah sitting in the barrel
of a gun."
* See Appendix II
262 Third Way
In these conditions, popular discontent manifests itself in more
active forms. An attitude of resistance crystallizes in an outbreak
offighting, provoked initially by the conduct of the authorities.
Where a government has come into power through some form of
popular vote, fraudulent or not, and maintains at least an
appearance of constitutional legality, the guerrilla outbreak cannot be
promoted, since the possibilities of peaceful struggle have not been
exhausted."
It is noteworthy that industrial backwardness of and discrimination
against Scotland and Wales, internal conflicts in Canada and Belgium
along linguistic regional lines, or infusions of migrant foreign labour in
West Germany, Switzerland, France and Britain, have not given rise to
any revolutionary efforts; and in USA, though there are black
revolutionaries resolved to overthrow the social system, the vast
majority of Negroes, Red Indians, Mexicans and Puerto Ricans are not
yet a party to any such move. The National Association for the
Advancement of Coloured People (NAACP) continues to believe in
constitutional pressures, and the disciples of Martin Luther King are
still clinging to the possibility of achieving their goal through non
violent mass action and the Christian appeal. Notwithstanding the
revolution potentialities of the young and the black in USA, the surge
of West German student demonstrations in 1967, tumultuous events of
May-June 1968 in France, and the Catholic revolt in Northern Ireland,
it can safely be asserted that the cult of violence is not gaining any
appreciable ground in western democratic countries. It is presently of
only peripheral significance.
A new trend in some national communist parties, like those in Italy
and France, is already mentioned. It is, however, a fact that the
situation in undemocratic countries is different.
Personal Equipment
It is noteworthy that the personal equipment of an underground
activist of a non-violent revolution is very much the same as that
prescribed by Carlos Marighella for a guerrilla fighter, though the
material equipment prescribed by him for the latter is certainly
irrelevant in case of the former.
For example, Marighella says that a guerrilla fighter must have
courage, a spirit of initiative, imagination and creativity. He must be a
On Revolution 263
good tactician (and a good shot) and must make up for his inferiority
in weapons, ammunition and equipment by his skill and cunning. He
must be mobile, flexible, able to adapt to circumstances, and able to
keep a cool head. He must be a good walker, resistant to fatigue,
hunger, rain and heat. He must be able to hide and keep watch, know
the arts of disguise, never be intimidated by danger, act as easily by
night as by day - but never precipitately, possess unlimited patience,
keep calm and clear-headed in even the worst predicaments, never
leave a trace behind, and never be discouraged. He must not appear
different from anyone else. He must never speak of his activity to
anyone. He must have a great capacity for observation. He must be
well-informed, specially as to the enemy's movements, good at asking
questions, and thoroughly familiar with the terrain he is working in.
Addresses, names, telephone numbers and route plans must never be
written down. Plans should be secret, each knowing details pertaining
to his own assignment. Notes on the margin of newspapers, papers left
somewhere, visiting cards, letters, tickets - all these should be
destroyed. He must memorise meeting-places. A guerrilla who is
arrested must say nothing that could damage the organisation, causing
the arrest of other comrades, or the discovery of any of the places
where they keep arms and ammunition.
There has always been a wide gap between the promise and the
performance of every violent revolution. For example, which
revolution has fulfilled its assurances to its peasantry? Which
revolution has made workers the owners of their own plants?
Vergniand observed that 'the revolution devours its own
children'. The indictment contained in a letter to the leadership of the
Soviet bureaucracy from the Soviet intellectuals, academician Andre
Sakharov, historian Roy Medvedev, and physicist Volentin Tourchine,
was a revealing commentary on the nature of the post-revolutionary
totalitarianism.
As Ronald Segal wrote,
"Aside from the crude imperial aspect of Soviet rule, there is, in
the proclaimed socialist homeland itself, more than enough to
provoke a revolutionary idealism. Over half a century since the
revolution o f 1917, liberty, equality, fraternity, the cardinal
values of socialism, are a mockery and rebuke. Attempts to
express them are tried and punished as crimes against the
State. Economic discrepancies are everywhere evident."
On Revolution 277
'The New Class' deals with the outcome of all communist
revolutions. The proposition of the 'The New Class' proceeds
according to its author, Milovan Djilas, as follows:
"The society that has arisen as the result of Communist
revolutions, is torn by the same sort of contradictions as are
other societies. The result is that the Communist society has not
only failed to develop towards human brotherhood and equality,
but that out of its party bureaucracy, there arises a privileged
social stratum, which, in accord with Marxist thinking, I named
The New Class."
Djilas further observes in his ' The Unperfect Society',
"Communism, once a popular movement that had in the name of
science inspired the toiling and oppressed people of the world
with the hope of creating the Kingdom of Heaven on earth, that
launched, and continues to launch, millions to their deaths in
pursuit of this unextinguishable primeval dream, has become
transformed into national political bureaucracies and states
squabbling among themselves for prestige and influence, for the
sources of wealth and for markets - for all those things over
which politicians and governments have always quarrelled, and
always will. The Communists were compelled by their own ideas and
by the realities in their society first to wrest power - that delight
above all delights - from their opponents, and then to scramble
for its among themselves. This has been the fate of all revolutionary
movements in history."
The experience of non-communist revolutionary dictatorships is
not very much different. The 'Night of the Long Knives' in course of
which Captain Rohm and his officers were brutally murdered by their
own comrades-in-arms is not a peculiarly German phenomenon; it is
typical of all dictatorships determined to silence the dissenting voice
even with the ruling party. Liquidation of dissenters outside that orbit
of the party is nothing to be wondered at. The Russian forces
suppressing the strikes of Siberian workers or the upsurge of the
people of Hungary, East Germany, and Czechoslovakia were as
'revolutionary' as the 'revolutionary' army of Napoleon pitted against
the Spanish guerrillas or the Nazi troops liquidating opponents at
home and freedom fighters abroad.
278 Third Way
The Psycho-Analysis
Since the 14th of July 1789 (the date on which the term 'revolution'
was first used in its modern sense by Liancourt in Paris) to this day
this has been the inevitable fate of every violent revolution. It is not as
if this is a result of personal whims, caprices, or idiosyncrasies of
revolutionary leaders. This constitutes an integral part of the
methodology of violent revolutions.
Hannah Arendt observes in 'On Revolution',
"To the extent that the greatest event in every revolution is the
act of foundation, the spirit of revolution contains two elements
which to us seem irreconcilable and even contradictory. The act of
founding the new body-politic, of devising the new form of
government, involves the grave concern with the stability and
durability of the new structure; at} the other hand, what those
who are engaged in this grave business are bound to have is the
exhilarating awareness of the human capacity of beginning, the
high spirit which has always attended the birth of something
new on earth. Perhaps, the very fact that these two elements, the
concern with stability and the spirit of the new, have become
opposites in political thought and terminology - the one being
identified as conservatism and the other claimed as the
monopoly of progressive liberalism - must be recognised to be
among the symptoms of our loss."
And, again,
"The failure of post-revolutionary thought to remember the
revolutionary spirit and to understand it conceptually was
preceded by the failure o f the revolution to provide it with a
lasting institution.
The revolution, unless it ended in the disaster of terror, had
come to an end with the establishment of a republic......But in
this republic.... there was no space reserved, no room left, for the
exercise of precisely those qualities which had been
instrumental in building it.... If foundation was the aim and the
end of revolution, then the revolutionary spirit was not merely
the spirit of beginning something new but of starting something
permanent and enduring, lasting institutions embodying this
spirit and encouraging it to new achievements... Nothing
threatens the very achievement of revolution more dangerously
On Revolution 279
and more acutely than the spirit which has brought them
about.....Should freedom in its most exalted sense as freedom to
act be the price to be paid for foundation?"
Condorcet had remarked,
"The word 'revolutionary' can be applied only to revolutions
whose aim is freedom.
Only where change occurs in the sense of a new beginning, where
violence is used to constitute an altogether different form of
government to bring about the formation of a new body-politic,
where the liberation from oppression aims at least at the
constitution of freedom, can we speak of 'revolution'.”
Judged by this criterion, violent revolutions in the past appear to
be less than 'revolutionary'.
The Alternative
The methodology of non-violent revolutionaries is entirely
different. The main weapon in their arsenal is soul-force, not terror.
They believe in purity of means. They reject the dictum: 'ends justify
the means.' They have firm faith in the inevitability of their ultimate
triumph, because they visualise it as a triumph of the Truth, the
Cause. They believe that those who refuse to be defeated can never
be defeated, that there is nothing like failure in the struggle for
Truth; there is only incomplete success. They are convinced that no
individual can be governed for long without his willing consent.
What they seek is progressive purification of 'self through penances,
and not physical annnihilation of the enemy through violence.
A non-violent revolution is necessarily preceded and
accompanied by revolutionary mass education. 'Passive resistance' as
defined by Aurobindo, 'Chatuh-Sutri' of Lokmanya Tilak,
'Satyagraha' of Mahatmaji, envisaged intimate inter-relationship
between struggle and mass education. Mass education through
struggle, struggle through mass education.
Against this background, all the moves - big or small, even
simple, innocent gestures of non-violent activists - acquire new
significance. Deputation, badge-w earing, protest resolutions,
petitions, silent processions, slogan shouting, token hunger-strikes,
hartals, display of posters, distribution of literature and new bulletins,
big funerals of martyrs, observance of martyrdom anniversaries,
280 Third Way
demonstrations, propaganda of the atrocities by the authorities,
educative group-meetings, boycott of legislatures and government
functions, general strike or 'bandh', fast unto death, satyagrahas,
no-tax campaign, all-out non-cooperation and civil disobedience,
establishment of 'Janata Sarkar', peaceful agitations for the
redressal of local or sectional grievances: all these are as much a
part of struggle as of revolutionary education.
When Thoreau explained in his 'Civil Disobedience' why he
preferred to go to jail rather than pay a tax to a government which
condoned human slavery, he could hardly have imagined what
impact his theory was going to make on the political scene of this
land of Prahlad. Is it a mere coincidence that his thesis for individual
action was developed into the technique of mass movement in this
distant land? Our spiritual tradition was conducive to the growth of
such a system of thought and action. That is why Aurobindo could
say,
"to break an unjust coercive law is not only justifiable but, under
given circumstances, a duty."
Tilak proclaimed that he wanted to take the country 'outside the
Penal Code'. And Gandhiji initiated and perfected the technique of
'satyagraha', which is not just the passive resistance of the weak
but the active non-violent defiance-of the strong. In an article in
'The Illustrated Weekly o f India,' 15 August 1976, Acharya Kripalani
explains how the technique of satyagraha was followed by Prahlad,
Mirabai, Socrates, Jesus Christ, Muslim martyrs, social reformers,
scientists and others; how satyagraha can be practised in the family,
the village, the province or the state, and how it cannot be
conceived of as an anti-social activity.
"It recognises the social utility and necessity of the state and the
laws and yet allows the individual to enjoy his liberty as a human
being. The Satyagrahi even in chains is a free man. He can call
his soul his own. He is not afraid of his opponents. Enemies he
has none. His opponents are afraid of him, and not he of them.
He can even stand alone, while the violent resister must have
others to join or follow him."
Milovan Djilas, while not endorsing completely the tenets of
Gandhism, comes independently to this conclusion:
"It would appear from contemporary experience that
revolutionary organisations of the classic type - thoroughly
On Revolution
conspiratorial, militarily disciplined, and ideologically united
- are not essential. Revolution is not essential for victory over the
communist oligarchs and bureaucrats; civil wars are even less
necessary. However, recourse should be had to all other forms of
struggle - demonstrations, strikes, protest marches, protest
resolutions, and the like, and most important of all, open and
courageous criticism and moral firmness. All historical experience
to this date confirms this.
Through violence it may be possible to shoot down every agent
and leader of the Establishment; but violence cannot guarantee
establishment of a rule which will be considered by all citizens as
their own. People cannot be the masters of the post-revolutionary
regime, unless they are also the real masters of the
process of revolution. If they are equipped mentally only
for destruction, they will prove to be very poor instruments of
subsequent construction. The methodology of non-violent revolution
necessarily includes mass education in both the aspects
of revolution - development of the soul-force of the masses, and
their involvement in and leadership of the various phases of
revolution. Then only is it an authentic revolution of the people,
for the people, by the people. For such revolutionary leaders,
organisation means organising themselves with the people. Their
method is dialogical: communion, not communique; they do
not own the people; they are co-authors of revolution along with
the people. Consequently, the ultimate victory belongs not to the
leaders alone, but to the leaders and the people - or to the people,
including the leaders. This eliminates all possibility of dictatorship
following the revolution."
This may appear to be a long way. It certainly is. But, as
M. N. Roy remarked about the patient process of mass education:
"It may be a long way; but if it be the only way, then it is also the
shortest one."
Appendix II