VITHALBHAI PATEL BIRTH CENTENARY 1973

A SOUVENIR VITHALBHAI PATEL BIRTH CENTENARY 1973

A SOUVENIR

I--

LOK SABHA SECRETARIAT NEW DELHI L 1974 BY LOK SABHA SECRETARIAT

PUBLISHED UNDER RULE 382 OF THE RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN LOK SABHA (FIFTH EDITION) AND PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, FARIDABAD, HARYANA. CO!'lTENTS

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PREFACE (v)

MESSAGES FROM THE President (ix) Vice-President (xi) Prime Minister (xiii) Chairman, Tamil Nadu Legislative Council (xv) Speaker, Tamil Nadu Legislative Assembly (xvii)

ARTICLES A Great Patriot [Text of the Speech of Shri G. S. Pathak, the Vice-President of India on the occasion of the release of Vithalbhai Patel Conunemorative Stamp on 27-9-73J • Contribution of Shri Vithalbhai Patel to the offic-c of the Speaker by Dr. G. S. Dhillon, Speaker, Lok Sabha . 4 ? Father of Indian Parliament by Shri M. Ananthasayanam Ayyangar. former Speaker of Lok Sabha 20

View~ of a Contemp(lrary by Shri Kasturbhai Lalbhai, Member of Central Legislative Assembly 31 PAGI!

The Architect of Parliamentary Practices-Vithalbhai Patel by Dr. Virendra Swarup, Chairman, Uttar Pradesh Vidhan Parishad 35 A Fearless Speaker by Shri A. G. Kher, Former Speaker, Uttar Pradesh Vidhan Sabha 47 Vithalbhai Patel-An Outstanding Parliamentarian by Shri Gulsher Ahmed, Speaker, Madhya Pradesh Vidhan Sabha . 50 Shri Vithalbhai Patel and his contributions to Parliamentary Life in India by Shrimati K. S. Nagarathnamma, Speaker, Karnataka Legislative Assembly 54 Shri Vithalbhai Patel-The first elected Jndian Speaker , by Shri Narayan S. Fugro, Speaker, Goa, Daman & Diu Legislative Assembly 62 /-0 Vithalbhai J. Patel-His Contributions to the Parliamentary Life by Shri H. Thansanga, Speaker, Mizoram Legislative Assembly . 65 Vithalbhai, the "Janak" of Indian Politics II by Dr. Ram Gobind Singh, Deputy Chairman, Bihar Vidhan Parishad 70 Shri Vithalbhai Patel-A Stoic and True Democrat by Shri C. U. Chodankar, Deputy Speaker, Goa, Daman and Diu Legislative Assembly 73

(ii) PAGE I, Vithalbhai Patel-A distinguished Parliamentarian by Late Shri Dahyabhai Patel . 77 V. J, Patel-As President \'1' by Shri D. N. Mithal, Former Secretary, Uttar Prallesh Vidhan Sabha ...... 87 Vithalbhai Patel-An Illustrious Son of our Motherland 15 by Shri B. N. Banerjee. Secretary-General, Rajya Sabha 90 , ( President Patel's contribution to the independence of the Legislature I", by Shri S. L Shakdher, Secretary-General, Lok Sabha 9S Development of Parliamentary Conventions under President Patel by L. R. & T. Service, Lok Sabha Secretariat lOS Vithalbhai Jhaverbhai Patel-A Biographical Sketch by L. R. & T. Service, Lok Sabba Secretariat 123

ApPENDICES ApPENDIX I-Important decisions and observations of President Vithalbha, Patel on Pariiamentary Practice & Procedure 133 ApPENDIX I1-Pr()C:!cdings of the Birth C::ntenary Celebrations of Late Shri Vithalbhai Patel held on 18-12-1973 in the Central Hall of Parliament, New Delhi 147

(iii) PREFACE

This Souvenir is brought out on the occasion of the Birth Cente1Ul1Y of late Shri Vithalbhai Patel, who was the President of the Central Legislative Assembly from 1925 to 1930. We are grateful to the President, Vice-President, Prime Minister and Presiding Officers of State Legislatures who have so kindly sent their messages on this occasion. We also express our gratitude to Shri M. Ananthasayanam Ayyangar, former Speaker of Lok Sabha, Shri KasturMai Lalbhai-a contemporary of President Patel and the Presiding Officers and Secretaries of State Legislatures, who have contri- buted articles on President Patel for this Souvenir.

S. L. SHAKDHER. Secret~(7eneral, Lok Sabha. NEW DELHI; February 11, 1974 (v) MESSAGES MESSAGE FROM THE PRESIDENT

RASHTRAPATI NILAYAM, BOLAllUM, (ANDHRA PRADESH)

September 17, 1973.

It gives me great pleasure to offer my tribute to the memory of Vithalbhai Patel on the occasion of his birth centenary. This eminent . son of India was a great parliamentarian whose services in the cause of the country's freedom will ever be remembered. As President of the Central Legislative Assembly during pre-independence days, he left an indelible imprint of his forceful personality not only on the pr~ ceedings of the legislature but on the freedom movement itseH. He insisted that the impartiality and independence of the Chair were beyond question, and that was the only way to safeguard the rights and privileges of members to the fullest measure. I hope Vithalbhai Patel's life and example of hard work and sel1less service will prove inspiring to the present and successive generations of legislators and parliamentarians.

(v. V. GIRl) MESSAGE FROM THE VICE-PRESIDENT

VICE-PRESIDENT INDIA NEW DELIU

14th October 1973 I am glad to learn that the Lok Sabha Secretariat will bring out a commemoration volume on the occasion of the Birth Centenary of the late Shri Vithalbhai Patel. Shri Vithalbhai Patel was an eminent patriot who rendered valuable service to the country in many fields. He commenced his public life as a member of the Borsad Talukha Board but rapidly moved to larger spheres such as the Bombay Legislative Council, the Imperial Legisla- tive Council and the Central Legislative Assembly. He will be long remembered in the annals of India's parliamentary life as the firsy Indian to become the President of the Central Legislative As8eiiibiY- an office which he held with special distinction. As Speaker he was responsible for creating many healthy and sound traditions and practices in Parliament. While unveiling the portrait of Shri Vithalbhai Patel in Parliament House on March 8, 1948, Pandit Jawaharlal Nehru said that the Speaker is "the symbol of the nation's freedom and liberty." Shri Vithalbhai Patel as Speaker of the Central Legislative Assembly fitted this description perfectly. I congratulate the Lok Sabha Secretariat on its decision to publish a commemoration volume as a mark of tribute to Shri Vithalbhai Patel, and wish the project success.

(G. S. PATIIAK) MESSAGE FROM THE PRIME MINISTER

PRIME MINISTER'S HOUSE NEW DELw.

October 2, 1973.

Shri Vithalbhai Patel, the centenary of whose birth we celebrate this year, \Vasa fighter and a parliamentarian of great distinction. As President of the Central Legislative Assembly, Vithalbhai Patel's main concern was to wrest more power to the people. He brought lustre to the parliamentary tradition and all freedom fighters were thrilled by his rulings. On the attainment of Independence we came to have a Parliament which was the unchallenged guardian of national freedom. Its function continues to be the consolidation and enlargement of freedom in its political, economic and social aspects. Parliamentarians must indeed be grateful to Vithalbhai Patel and learn from his life and example.

I~ -r --- ../1..: (INDIRA GANDID) MESSAGE /rom THDlU C. P. CHITRARASU Chairman, Tamil Nadu Legislative Council FORT ST. GEORGE MADRAS-9 October 10, 1973

It is gratifying to note that the Lok Sabha Secretariat is bringing out a Commemoration Volume to celebrate the birth centenary of late Shri Vithalbhai Patel, the first non-official elected President of the Indian (Central) Legislative Assembly. His election marked the ushering in of a new era in Indian Parliamentary history. He was a pioneer in ridding Parliament of the dominant control of the Executive. His rulings were always marked with independence of judgment and sought to maintain the supremacy of the Parliament in all matters. He gave a great impetus to the Conference of Presiding Officers of Parliament and the Legislatures which continues to have its delibera- tions annually to shape nascent Indian democracy. He strove hard to separate the Legislature Secretariat from the control of the Executive Government and after a relentless struggle, achieved this at the Centre. It was remarkable that despite his rulings which were not to the liking of the Government of the day, he had the unique fortune of being re-elected President of the Assembly for a second term. He was a true Speaker and maintained the great traditions of the Office as set up in the House of Commons. I wish all success for the publication of the Commemoration Volume.

C. P. CHITRARASU MESSAGE from PULAVAR K. GoVINDAN, M.A. Speaker, Tamil Nadu Legislative Assembly FORT ST. GEORG!

MADRAS-9

I am happy to learn that the Lok Sabha Secretariat is bringing out a Commemoration Volume to mark the birth Centenary of late Thiru Vithalbhai Patel.

We all remember the late Thiru Vithalbhai Patel as the first Indian President of the Central Legislative Assembly. He was firmly convinc- ed that the struggle for Independence must be waged inside the Legislature and outside in the country by propaganda and public pressure. He was a great intellectual and his manner of conducting the Legislative Assembly evoked praise even from the Britishers in the Treasury Benches. His strict impartiality and the great dignity with which he functioned as President of the Assembly will be a model for all of us to follow. Emulating him, let us all set up high standards of Parliamentary conventions on which depends the healthy growth of democracy of Our country.

Ie. GOVINDAN ARTICLES A GREAT PATRIOT

[Speech of Shri G. S. Pathak. the Vice-President of India on the occasion of the release of Vithalbhai Patel commemorative postage stamp at the Central Hall of Parliament House, on the 27th September, 1973.]

It gives me great pleasure to be here today to The main points of Vithalbhai Patel's life are release the commemorative postage stamp issued well known. He was born one hundred years ago, in honour of Shri Vithalbhai Patel on the occasion in a humb!e family, at Karmasad. After schooling of his birth centenary. I am glad to have this he studied law in the Gokhale Institute at Bombay. opportunity to pay my homage to the memory of After passing the Pleaders' Examination he started a great patriot and freedom fighter, and a great legal practice and made a name as an able and parliamentarian. It is ·very appropriate that this successful lawyer. Later he proceeded to England function should be held in the Central Hall of the where he pursued legal studies further, and was Parliament House where Vithalbhai Patel made called to the Bar in 1908. On return to India he history as the first Indian~r of the Central set up legal practice in Bombay, but this was only Assembly. ------a brief prelude to his entry into active public life. His achievements as a member of the Borsad in Independent India. As the first Indian to be Taluk Board, the Kaira District Local Board and elected as President of the Central Assembly in the Corporation of Bombay were noteworthy, and 1925, he displayed an ability and independence were followed by even greater achievements in the which made his five year tenure memorable and Bombay Legislative Council and later, in the histonc. F'earless,~atid' impartial, his rulings Central Legislature at Delhi. from the Chair were marked by a profound mow- ledge of Parliamentary procedure and rules and Vithalbhai Patel, along with his equally illus- have created, for posterity; very sound and valu- trious brother, Vallabhbhai, was the inheritor of able traditions and practices. He was an intellec- a tradition to fearless sacrifice and patriotic service tual force, had sturdy judgment and a most for the cause of the nation. He was closely asso- remarkable independence of character. He held ciated with the freedom struggle during the early this high office with unique distinction until his decades of the present century, and has left the resignation on political grounds. When he died on impress of his great personality on the history of October 23, 1933, at Geneva, India lost one of its those times. greatest sons, and the people mourned the loss of a veteran leader of rare integrity. But the spirit Vithalbhai Patel was elected to the Imperial of the great man still lives to inspire and guide us Legislative Council in 1918 and to the Central in our endeavours to reach our goal of unity, Legislative Assembly in 1924. He was indeed an prosperity and strength. outstanding pioneer of parliamentary life in our countJiY who appears to have had a prescience of I congratulate the Department of Posts and the vital position which Parliament would acquire Telegraphs on the scheme they have been following

2 of honouring the memory of great men and women sophisticated processes available for this purpose through memorial postage stamps. These stamps and that if they are used, it would be possible to are permanent and valuable mementos cherished improve the quality of our stamps even further. by all people whether they are philatelists or not. In view of the importance and popularity of these I have now much pleasure in releasing the tokens the P&T Department could perhaps con- Vithalbhai Patel Commemorative Stamp. sider whether the stamps can be improved in quality. I understand that there are already some 1ai Hind THE CONTRIBUTION OF SHRI VITHALBHAI PATEL TO THE OFFICE· OF THE SPEAKER by

DR .. G. S. DHILLON,

Sp~aker, Lok Sabha.

As I sit in the Chair presiding over the delibera- to live up to. And, 20 Akbar Road, first chosen tions of the House or am immersed in official by President Patel and ever since the official resi- parliamentary papers at 20, Akbar Road, I cannot dence of the Speaker of the Indian Parliament, is, but be reminded ever so often of that great again, steeped in his memory. No incumbent of precursor in office-the first elected President of the office of the Speaker in India can indeed escape the Central Legislative Assembly in India- the subtle yet profound influence of President Shri Vithalbhai Patel. For, in the Chamber, there is Patel, in some w3{j or the other, as he goes about always his portrait opposite the Chair, ever silently his duties from day to day. and sternly reminding the occupant of the exacting duties of his office and the high traditions he has President Patel chose for us not only the

4 Speaker's residence, but· much else besides in historic. As his. biographer,· with a sense of parliamentary life. The thought of President Patel drama, remarks: The 22nd of August 1925 saw calls to mind at once a courageous President who the curtain rise on one of the most momentous fearlessly and unflinchingly asserted the dignity occasions in the history of India's Parliament. For and independence of his office, who in his many the first time in the 60 odd years of its colourless eAcounters with the ·Government of the day existence, the Indian Legislature had now elected emerged, in the end, almost invariably, victorious. its own President. It was truly a mile-stone on Memorable are these incidents and doubtless of the advancing road to Legislative independence great historical value as significant stages in the and personally, for Patel, a distinctive honour. evolution of the office, but, to my mind, the battles But he had all the odds in the world against him. he silently waged, the storms he quelled within This was reflected in a way even in his very elec- himself from day to day in his attempt to reconcile tion-a keenly contested one--in which he won his native fie~ patriotic spirit with the austere against the Government supported candidate-- claims of his office must be regarded as even more Diwan Bahadur Sir T. Rangachariar-by a majo- heroic than those triumphs that he scored in his rity of two. He had to contend with the fact that none-too-uneventful tenure in the Chair. he was to preside over an Assembly which was only partly elected and which, as then constituted Few Speakers have perhaps been called to the under the Government of India Act 1919, was Chair at a more crucial hour in the history of their not clothed with all the powers normal to a Legislature or their country or placed against sovereign democratic Legislature. The official greater odds than was Patel when the mantle of circles were uneasy and none-too-happy. Specula- honour as the first elected President of the '~Gordhanbhai J. Patel: VithaIbhai Patel--Life Assembly fell on him. The eccasion indeed was Times.

i tion was rife as to Patel's possible attitude towards governing this Assembly'. 'You are on trial'~ Jinnab j the Government in his day to day dealings with told the new President, and was very near the them. The Anglo-Indian Press was hostile. No heart of truth. one could doubt that with his background of rich But Patel was not in need of all these words of and varied legislative experience in his own warning and caution. He was more than aware Province and at the Imperial Legislature and his of the traditions that sustained the Chair and had deep knowledge of parliamentary rules, practices, resolved within himself to accept all the obligations conventions and traditions Patel had all the equip- of his office and live up to the image of an ideal ment for his office. All the same, those who Speaker. He knew, particularly, that it was essen- knew only too well how deep-rooted and powerful tial for him as an elected President to inspire in J were his political convictions could hardly imagine every Member of the House a feeling that he would that he could stay placidly neutral in the midst of be impartial and to do so, he should lay aside, so the whirlpools and cross currents of political long as he occupied the Chair, 'all that was per- controversies that would often sweep round the sonal, all that was of party, all that savoured of Chair. political predilection and subordinate everything to the great interests of the House as a whole! In fact, in the course of the speeches made This was evident in his reply to the felicitations welcoming him t9 the Chair, he was pointedly in the course of which he assured the House of reminded that during the term of his Presidentship 'strict impartiality in dealing with all sections of he was incapacitated from fighting the battles of the House, irrespective of party considerations' Swaraj, that his private political views must go and categorically declared : into hybemation, and 'that his jurisdiction was "From this moment I cease to be a Party man. limited to an administration of the adjective law I belong to no Party. I belong to all Parties.

6 I belong to all of you and I hope and trust, my his salary to Mahatmaji, instead, 'to be utilised honourable Friend, the Leader of the Swaraj hereafter in such manner and for such purpose' as Party, will take immediate steps to absolve me from all the obligations of a SW3.I3jist member of he might approve. This action appears to have this House, if, indeed, it has not been done by been misunderstood in his Party and Vithalbhai implication in consequence of my election to this had written to Gandhiji clarifying his position. Chair." What is interesting here is that when Gandhiji suggested publication of these letters, Patel was That these were no formal words of customary not for it at that stage. His reasons are best averment all his subsequent actions were to show. stated in his own words; Patel wrote to Gandhi : When he accepted the office of President, Vithal- bhai had made a resolution within himself that "Perhaps you are aware that my term of office he would devote the savings from his salary will expire with the dissolution of the Assembly. towards the furtherance of some object calculated and it is my intention to seek re-election with a to promote the national welfare. Suggestions had view to enable the Assembly to establish a con- been made to Patel that he should contribute from vention similar to the one which obtains in the United Kingdom. If the Assembly chooses to his salary to the Swaraj Party fund. Vithalbhai at re-elect me, I propose the s:une ar~gement one time had 'favoured' the idea without consider- regarding my contribution from my salary for a ing serious~ the matter. On further thought, he period of three years. I am not sure about the was 'quite clear in (his) mind that it was not right wisdom of publishing our correspondence at this for (him), as Speaker of the Assembly represent- stage. Such publication, I am afraid, is bound to be construed in some quarters as an attempt ing all parties, to make any contnoutions from on my part to influence the election in my (his) salary, towards the fund of anyone Party'. favour...... Don't you think that in the cir- So he started sending regularly the savings from cumstances it is better to delay the publication

7 · of the correspondence till January next,when the difficult days is an inspiring story. election will be over ...... One of Patel's earliest acts on assuming office This incident is important because it reveals so was to insist upon a change in the ceremonial ob- many sides of Patel's personality: his basically served at the time of the Viceroy's address to the nationalistic outlook, his awareness of his duty to Legislature every year. Those were occasions of preserve unsullied the Speaker's image of neutra- great pomp and show. The Viceroy would appear lity, his conscious concern to build sound conven- in his robes and the Executive Councillors present- tions around his office in India-as also, of course, ed themselves in their resplendent official dress. his uprightness which would not turn to advantage The Presidents of the Assembly and the Council even an obviously favourable situation to purely of State had to sit down in the middle of the House personal ends. and to rise in their seats when the Viceroy arrived. Patel informed the Viceroy that the existing There never was perhaps a Speaker who was arrangement was derogatoIj)' to the dignity of the more imbued with a sense of the importance of Chair and from next year when Viceroy next came his office or did more to enhance its authority and to address, he would not vacate the Chair. The prestige~ Despite the limitations of the Assembly Viceroy, he proposed instead, must go to Vithal- as then constituted he was not contented to dis- bhai's room and then he would conduct the Viceroy charge his duties as a mere Chairman, but was to the dais, and himself sit in the. Chair and call determined to act. as the true custodian of the upon the Viceroy to speak. This proposal, cal- rights and· dignity of the House and its members. <;ulated to rob the Viceroy's annual address of How he exerted himself in every way to assert and much of its pomp and, glory and erase the sugges- consolidate the independence of the Chair in those tion that in the Assembly Chamber too the Viceroy

8 was supreme, caused great consternation. Patel was pressures and persuasions on Patel failed in order entreated not to press for it at least that particular to resolve the impasse, LOrd Irwin had to directly year, assuring him that the Viceroy himself would talk the matter over with Vithalbhai and concede change the ceremonial soon. But Patel would not that according to the British Parliamentary conven- relent-it was a question of principle and had to tions, Sir John Simon and his colleagues should be enforced without delay-and the Viceroy had have called on the President of the Legislative to yield. Assembly before their presence could be officially recognised. When Sir John at last called on Patel, When Vithalbhai had taken a principled stand, he found that Patel was most cordial and did not not all the pressures on earth could make him harbour any personal ill will against anyone and bend. When the Simon Commission arrived in in acting as he did, he was merely asserting the Delhi, in the formal welcome accorded to the rights and privileges of the Assembly and the Commission, Vithalbhai was conspicuously dignity of the House. absent. Vithalbhai would not take any official cognizance of the presence of Sir John Simon until It was this ever vigilant concern to see that the Sir John had called on him. He had his reasons. digni~ and decorum of the House was maintained When Patel had been to England, Lord Birken- that made Patel take exception to the Commander- head, Secretary of State for India, would take no in-Chiers absence from the House when an ad- notice whatsoever of Patel's presence in London, journment motion over a speech made by him in although he was there as the President of the the House earlier was being discussed in the Indian Assembly to study the working of the assembly. He observed that the absence of the British Parliament, just because Patel unwittingly Commander-in-Chief on that occasion was 'highly had omitted to call on him first. When all the discourteous' to the House. Later when the Com-

9 mander-in-Chief explained the reasons for his detracted from the authority of the Chair and absence, President Patel remarked that the Chair amounted to reflection on his ~tions. So strong could have been informed of this before the debate was the line he took that the Home Member had began. to tender an unequivocal apology in the House on behalf of those who had indulged in such remarks On another occasion, a Member who entered against the Chair. the Chamber through the ante-door behind the President's Chair during a Division after the Equally memorable is the warning Patel issued Lobby doors had been closed had to tender a when a certain newspaper had commented, in a proper apology-and the person who opened the manner amounting to reflection, on his action in door for him and the Leader of the House himself adjourning the House immediately after the Divi- had to offer explanation-before the matter was sion was over on the motion for consideration of treated as closed. the Bill further to amend the Code of Original Procedure 1898. The Home Member (Sir Likewise, Patel was insistent that there should Alexder Muddiman) himself was not happy about be proper respect for the Chair. When reports this and so made a statement in the House on the reached him that there was a kind of whispering 15th February, 1926 dissociating himself from the campaign being carried on against him and his observations made in the newspaper report. Wel- rulings and actions were being freely commented coming the statement made by the Home Member upon by the officials, he immediately brought up on behalf of the Government and expressing his the matter before the House. He made it abun- hope that it would have the desired effect and dantly clear that not only within the Legislature lead to expression of unqualified regret by the but even elsewhere nothing should be said which newspaper concerned, Patel warned:

10 "The Press must know that no suggestion of between 192$ .and .1930 as many as twenty five partiality, however remote, directed against the Chair will be tolerated. At the same time the adjournment motions were brought before' the Press is fully entitled to criticise the conduct of House for discussion. the Chair as much as it pleases, withollt casting or suggesting any reflection on its impartiality. Following his predecessor, Patel also held that the speaker must guard and maintain his repu- tation for impartiality of all things at any cost. during the discussion on the Finance Bill the work- and he cannot do so if he allows such sugges- ing of the entire administration of the Govern- tions or insinuations to pass unnoticed. ment was open to review. He felt it only proper that the reports of the Public Accounts Com!llittee These stray incidents are enough to show how are discussed on the floor of the House-a view Patel developed steadily a climate of respect for which obviously had its merit in those days when the House and the Chair by making it plain that the Executive was not responsible to the Legisla- no remissness in this regard from any quarter ture and such discussion offered one more oppor- would be tolerated. tunity to turn the glare of publicity on administra- tive lapses. . 1ft the interpretation of the rules and orders of the House, Vithalbhai ever kept before him his In Patel we had not only a bold Spedker who ' special responsibility as the bulwark of the rights was out to assert the dignity and authority of the of the House against official encroachment. He House and his office, but also a Speaker of singu- allowed all possible opportunity to members to lar commitment to 'established arliamenta rules raise matters before the House to criticize or cen- and norms. e trip that he undertoo to Eng- sure the Government, as would be evident from land spec} cally with a view to get some first hand the simple fact that during his five-year tenure knowledge of parliamentary procedure and the

11 way in which affairs are conducted in the British that his object was to discuss question 'whether Parliament should itself be sufficient to show the Government of India was entitled to, or should how seriously he took his office. With his back- send, Indian troops to China without consulting ground of constitutional law and procedures, he the Indian Legislature', Government was asked if had an immediate and intuitive grasp of the con- in view of the narrow issue proposed to be ;aised, tours of a problem. Whenever any question of some Government had any objection. The Home Mem- complexity arose, he would make up his mind only ber objected to the motion on the ground that it after due deliberation, giving full consideration to was impossible to discuss the question without an the views from all sections of the House. Once he explanation of why troops were being sent to made up his mind, he was inflexible. His rulings China, and that would involve a discussion 'which were alwa.ys examples of clear, cogent well-reason- cannot fail to affect our relation-not only the ed propositions, which met every point pressed relation of this Government but of the British before him. A few random samples will illustrate. Government-with many other foreign powers', a On the 24th January, 1927 Shri Srinivasa discussion likely to lead to the most disastrous Iyengar had given notice of an adjournment mo- results. tion to consider a matter of urgent public import- ance, viz., 'the action of the Government of India Patel held that he had no power to disallow the in agreeing to contribute a contingent, including motion on the ground that it could not be moved Indian troops, to take part in the military opera- without detriment to the public interest-which tions in China'. Vithalbhai held that the motion power was vested only in the Governor-General. would be clearly out of order, if the object was As for the apprehension that Members might dis- to call into question the foreign policy of the cuss the foreign poliqy, the Chair could be trusted British Government. On the mover clarifying to regulate the debate so as to confine it to the

12 single is~ the mover had in mind. In this view consideration of the Report of the Select Com- of the matter, the President ruled that the motion, mittee on the Bill, the House had to divide on restricted to the single narrow issue, was in order the issue and the Division disclosed a tie. Patel and after obtaining the leave of the House announ- announced the result as under: ced that the motion would be taken up at 4.00 "Here is an equality of votes: 61 against 61. P.M. on that day 'unless, in the meantime, His My own opinion is that, if any party or any Excellency the Governor-General otherwise individual member seeks to put such an extra- directs.' ordinary measure on the Statute-Book, he must persuade the House and let a clear majority is On a communication being received from the his favour. The Hon'ble the Home Member has Viceroy that he had disallowed the motion 'on failed to secure a clear majority in his favour and cannot expect the Chair to give its casting the ground that it cannot be moved without detri- vote in favour of the motion. 1, therefore, give ment to public interest' the President informed the my casting vote for the "Noes" and declare : House that as a result of this order no discussion Ayes 61; Notes 62.* of that· motion would take place. That this decision went against the Government Patel's exercise of the casting vote in a division is only incidental and should not cloud the fact in connection with the first Public Safety Bill is that in making the above observations Patel was also worth citing. As is now common knowledge, only talking a parliamentary language and in exer- the public mind was very much exercised over this cising the casting vote in the manner he did, he measure which was being fought against by the was only acting strictly in conformity with the Nationalists at every stage. When Government established Parliamen~ convention that the moved on the 24th of September 1928 for the • L.A· Deb., 24--8-1928.

13 Chair exercises the casting vote in favour ot the a free and full debate the Government should not status quo. proceed with the Bill during the pendency of the Meerut trial. Government was not prepared to The other, more famous, ruling on the second accept this suggestion. Public Safety Bill is important for the assertion by Patel of a power crucial to the Speaker's office Patel gave the closest and most dispac;sionate and the orderly functioning of any legislative consideration to the issues involved. Upon a assembly-namely, the inherent right of the comparison of the speeches made by the Leader Speaker to place, or refuse to place, a motion of the House from time to time on the Bill and before the House. The facts are only too well- the complaint lodged by the Government against known. When the motion for consideration of the 31 accused in the Meerut case, he was con- the report of the Select Committee on the Second vinced that the fundamental basis for both was Public Safety Bill was moved by the Government identical. On the 2nd April 1929, before the on the 28th March 1929, objection was raised by House was to resume the debate on the Bill, Patel Shri ] ayakar who referred to the prosecution made a statement from the Chair setting forth the launched by the Government the previous week difficulties he felt about the Bill. He said: before the Meerut Magistrate against 31 persons, alleged to be Communists, for conspiracy against "I think there can be no two opinions that real the Government established by law. He submit- debate on the Bill is not possible without exten- ted that in discussing the merits of the provisions sive reference to, and discussion of, most of the matters that are sub judice. In fact, I am clearly of the Bill, members could not avoid referring to of opinion that these are the only matters that matters which might bear upon questions then could be relevant to the issues involved in the sub judice. He suggested that in the interests of Bill. . . . . But, under the Standing Order

14 (No. 29) .... , the Chair would be bound to rule said, appeared to rest on a misconception of the out all such reference and disCUS3ion, and this powers conferred upon the President by the Rules would make the debate on the Bill impossible .... and Standing Orders neither of which gave him Besides, acceptance of the Bill would mean the powers he apparently claimed of refusing to practically the acceptance of the fundamental allow further discussion of the Bill. basis of the case for it. and the rejection of the Bill would mean the rejection of that basis; and in either case such a course is bound to affect It was in this situation that Patel felt it his duty prejudicially the case for the prosecution or for to assert the authority of the Chair. Patel adhered the defence in the Meerut trial, as the case may to his stand that no real debate on the Bill was be. I do not see how, in these circumstances, I possible without repeated reference to, and dis- can legitimately allow the Government to pro- cussion of matters sub judice, which in his view ceed further with the Bill at this stage." were the only vital matters relevant to the debate Patel advised that in those circumstances the on the Bill. Although the power to rule the motion Government themselves postpone the Bill pending in respect of the Bill out of order was not expres- the Meerut trial, or, if, they attached greater im- sed in so many words in any of the Rules and portance to the passing of this Bill at that juncture, Standing Orders, Patel declared, it did arise 'by to withdraw the Meerut case and then proceed necessaI1Y implication and analogy' and he was further with the Bill. satisfied that, in any case, the Olair had 'the in- herent power' to rule it out on the ground that it The Home Member (Crerar)'s statement in re- involved an abuse of the forms and procedure of ply on the 4th April, 1929 indicated that the Gov- the House. The Government's claim that they ernment stand was provocative and challenging in had the undoubted right under the Constitution to tone. The views of the Chair, the Home Member decide what legislation they shall ask the House

15 to pass and when, he said, had its own limitations. principled. It was no mere despotic assertion of Quoting Redlich, he pointed out that 'the most power. What happened since-the Viceroy com- important function discharged by the Speaker is ing to the House the very next day to explain the that of being the sole and final judge of whether Government stand on the ruling and the steps they any motion is in order or not' and that by virtue of were taking to meet the situation created by it, this authority 'under certain circumstances, he may President Patel's letter to the Viceroy taking exert a direct influence upon the extent of legisla- strong exception to the Viceroy's observations, tive action'. Patel said that it was the duty of the enactment of a neW' Ru1e that the President the President to see that the House transacted its could not, except by virtUe of his express powers, business with due regard to the forms and proce- prevent in future the progress of legislation, the dures laid down in the Act, Ru1es and Standing strong protests in the House over the enactment Orders, and where no Rules or Standing Orders; of the New Rule and the final understanding existed, in accordance with accepted principles, reached that there should be a convention that precedents and conventions, so that there was fair except in certain exceptional cases, the Legisla- discussion and free decision on every question ture should be consulted before any change was before the House. "It is a duty", Patel declared, made in the Ru1es-is all part of history. "which the Pre~ident owes to the House and every Patel's memory will be associated with two member thereof, and is one which he Cllnnot share other legacies-the present Watch and Ward with or delegate to the Government or tl~e Opposi- arrangements and the independent Parliament tion, or submit to the verdict of a majority or Secretariat-both owing their origin to his fore- minority in the House." sightendness and firm assertion of the independ- ence of the Chair from Executive influence and ~atel's stand was thus firm, unequivocal but interference. I 16 With the bomb incident of the 8th April 1929 dignity of the House and the authority of the in the Assembly, just before President Patel was Speaker, to order the galleries to be closed till such to have delivered his historic ruling on the second time that a settlement was reached. The galleries Public Safety Bill, the question of security arrange- were reopened only after an agreement was arrived ments in the Assembly precincts came up for at, following protracted talks for nearly a month serious consideration. President Patel had ap- between the Viceroy and President Patel. The pointed a Committee and while the matter was agreement then arrived at is the genesis of the still under consideration, Government made cer- present Watch and Ward Organisation in Parlia- tain security arrangements on their own. President ment House. All security arrangements in the Patel took the stand that whatever happened with- precincts of the House are now under the control in the precincts of the House must necessarily be of the Speaker who exercises his authority through under the authority of the President and, while officers directly appointed by him. Government may advise, the implementation of any proposal must be only after his final approval Patel was a person who never lost sight of the had been obtained. The Government would not fundamentals. An independent Speaker-he was agree. They felt that the President would not clear in his mind-must have an independent know what security arrangements were called for Secretariat to advise him. One of his first tasks at a particular time and Government were the best as President was to press for such it secretanat. judge in the matter, and therefore their word He called the Presiding Officers' Conference in should be final. The differences remaining un- January 1926, had a resolution passed advocating resolved, President Patel made a declaration in the creation of a separate office for the Assembly, the House on the 20th January 1930 that it be- and immediately took up the matter with the Gov- came his imperative duty, as the custodian·of the ernment. ~ess was slow but Patel was not the

17 man to give up. On his reelection as President Government of India, with its principal officers in 1927, he took up the matter again with the and establishment under the control of the Assem- Government. bly through its President.

Things now began to move quickly. Within a Since the Government would not accept Patel's fortnight the Home Member laid on the Table of views in certain respects which he considered vital, the House the text of a despatch sent by the Gov- he decided to take the question before the Assem- ernment to the Secretany of State embodying bly. "As an elected President, I am responSible Patel's scheme and the Government's proposals to the Assembly and to no other authority" dec- thereon. The following week, on the 22nd Sep- lared Patel in his statement before the Assembly tember 1928, Pandit Motilal Nehru moved the on the 5th September 1928 and pointed out- motion (seconded by another illustrious leader Lala Lajpat Rai) for a separate Legislative Assem- u_ •••••• if the business of the House is to be bly Department. And on January 10,1929 within carried on to its satisfaction, the Secretary and the staff must be responsible to the House and a period of a few months was created a separate its President and not be subordinate to any cut- self-contained Department in the portfolio of the side authority. The President must feel that he Governor-General but under the de facto control is getting independent and impartial advice from of the President. the Secretary; the Secretary and the staff must also feel that they are there solely to serve and In Patel we had a Speaker who was truly worthy further the best interests of the Assembly." of the burden and the trust of his office. When He outlined his scheme for an Assembly office he came to occupy the Olair, he was hedged separated from the Legislative Department of the around by innumerable constraints, Constitutional

18 and other, for which it is hard to find a parallel in uncommon mould. By his example of dignity, up-- the history of legislative institutions in the world. rightness and fearless impartialitly, he has left us He brought to his office a rare combination of traditions which will ever be with us as part of qualities' and personal equipment and fully mea- the heritage of the Chair in India. To my mind, sured himself up to the call of the hour. There there could be no more permanent memorial to- never was perhaps a Speaker who did more to Patel than the institution of Speakership itself in 'magnify the office'. Extraordinary times throw India with all its surrounding traditions and memo- up extraordinary men; Patel was one such man of ries.

19- :FATHER OF INDIAN PARLIAMENT

.by

M. ANANTHASAYANAM AYYANGAR .Former Speaker of Lok Sabha

Gujarat produced Mahatma Gandhi the father the Swaraj Party along with Shri Motilal Nehru of the Nation. It was equally responsible for the and Hakim Ajmal Khan. Under the leadership birth of the twin stars, Sardar Vallabhbhai Patel of Mahatma Gandhi the All India Congress had and Vithalbhai Patel. The younger brother brought enunciated the programme of non-cooperation. about the peoples sovereignty by removing Rajas Its detailed programme of action was chalked out and Maharajas and the Zamindaries as well. He at the AICC meeting in April 1921 at Bezwada. made all citizens equal both politically and econo- It caused anxiety in the minds of the officials and mically as far as possible. His elder brother the British Government. But when the movement .Sardar Vithalbhai Patel sowed the seed of parlia- was in full swing Gandhiji suddenly suspended it mentary sovereignty at a time when the vista was owing to the incident• of Chaura-Chauri where a bleak. He can be easily called the father of the provoked mob set fire to the police station and Indian parliament. He was an ardent patriot and some police constables died therein. There an extreme nationalist. He was the founder of were a few other instances of violence in

:20 other parts of India also. This upset Gandbiji they should contest the coming election in 1923 and he called off the non-cooperation move- and fight the Government and its machinery from ment. But the other political leaders were within the Councils. They were pro-changers. not happy over this sudden turn the political The pro-changers desired to enter the councils with movement took. The next elections to the the avowed object of ending qr mending the Assembly were coming off for the second time Government. The new Swaraj Party was founded in 1923 and for other provincial assemblies also by the pro-changers on the 1st January, 1923. A under the Montagu Chelmsford Reforms scheme. fight ensued between the pro-changers and no- Meanwhile Gandhiji was arrested on the 10th of changers. The Congress held in a special session March, 1922. Thereupon the leaders began to in Delhi September, 1923. A compromise was think seriously as to how the political agitation arrived at between the two groups and it was should be carried on. The Alec which met in resolved that those Congress men who had no Lucknow in June appointed a committee to tour conscientious objection to entering the legislatures the country to assess the situation and recommend were at liberty to stand as candidates for the the next course of action. The committee consist- coming elections and the Congress as such sus- ed of six members of which three viz. Shri Raja- pended its propaganda against the Councils. The gopalachari, Dr. Ansari, and Kasthuri Ranga Swaraj Party was also wedded to the fundamental Iyengar did not recommend a change in the principles of non-violence. The party declared Congress programme in respect of the boycott of that they would enter the legislative assembly and Councils. They were called no changers. But demand that the right of the people of India to the other three members viz. Motilal Nehru, control the Government should be conceded forth- Hakim Ajmal Khan and Vithalbhai Patel held the with and given up by the British Government and view that non-cooperation should be continued, added that if the Government refused to grant the

~l said demands, it shall be the duty of the members at the very first session of the assembly and a of the party, elected to the assembly and the resolution was moved on the 5th February, 1924 provincial Councils wherever they constituted a by Shri T. Rangacharya for the grant of full self- majority, to resort to a policy of a uniform, conti- Government of dominion status within the British nuous and constant obstruction with a view to Empire and provincial autonomy in the provinces. make the Government impossible. The Swaraj Motilal Nehru as the leader of the Swaraj party party'S cry was for wrecking the reform' from in the assembly moved an amendment to the within, whereas the moderates became frankly resolution asking Britain to take steps to have the counter revolutionary and a part of the Govern- Government of India Act revised with a view to ment. They were, however, routed in the elections establish full responsible Government in India. and the Swaraj party had a striking success secur- Speaking on the occasion Shri Vithalbhai Patel ing 45 seats out of 104 elected in a house of 145 traced the history of the Congress, its demand for seats. Shri Vithalbhai Patel, Pandit Motilal constitutional advance and the British response Nehru, Lala Lajpat Rai, and Shri Bipinchandra thereto. After a long and heated debate Shri Pal were among others elected to the assembly on Motilal Nehru's amendment was carried by 64 the Swaraj party ticket. There were three issues votes. This was a great victory for the nation dominantly before the Swaraj party. Their main against the Government. This became a famous problem was of constitutional advance (1) paving national demand. The Swaraj party continued its the way for Swaraj, (2) putting down the repres- activities of obstruction along with some other sive policies and actions of the Government of political parties and inflicted defeats on the Gov- India, (3) the growth of indigenous industries and ernment, during the discussions on the budget and the Indianising the Services. Accor(1ingly, the connected financial measures. On tile 10th of demand for constitutional reforms was taken up March, 1924, the Government presented a demand

22 for grants in respect of customs and Motilal Nehru p~ndent party including Jinnah. . It· was passed moved that this demand be omitted. Participating by 71 votes. in the discussion Shri VithaIbhai Patel pointed out how the Government had been exploiting So far, the Swarajists had their way in the- India during the last 150 years and that after such Assemhly. Though they did not command a maj&J- a long period of their rule only five per cent of rity of members, they with the help of moderates the population was literate and that the whole and independents and other nationalist parties population was disgusted with the British Rule. with which they formed a coalition, formed a He, therefore, considered that the time had arrived nationalist party. But unfortunately, there came when the people should refuse supplies, thus dis- a rift in the coalition. The Swarajists had associating themselves from the Government. He entered the Councils with a battle cry of said addressing the Government either to accede wrecking the reforms from inside. But the- independents under the leadership of Mr. to our demands or drive us to start a mass move- Jinnah refused to follow a joint policy of wrecking ment. Mter a long debate Shri Motilal Nehru's while he was supporting Motilal Nehru in his move motion was carried. Next came the Finance Bill to reject the demands for grants on customs. This. on the 17th of March. It was severely opposed trend culminated in the form of an independent by the Swarajists and nationalists and rejected. party in the Assembly under Jinnah's leadership. On the 3rd February, 1925 Vithalbhai Patel The rift between the Hindus and Muslims introduced a bill to repeal some special enactment widened and it was sharply reflected in the debate- supplementing ordinary criminal laws viz. Bengal on the resolution regarding the recognition of the State Prisoner's regulation. Patel's bill was sup- North- West frontier as a separate province in ported by many prominent members of the inde- February, 1926. While Jinnah supported the-

23 resolution, Madan Mohan Malaviya and ptbers the offer of cooperation by the Swarajists had opposed it. Thereafter, the Swaraj party was been contemptuously rejected by the Government obliged to change their objective of wrecking to and the Government launched a policy of repres- ()[le of responsive cooperation. if the Government sion. It was the case whether the Labour Party on its part cared to cooperate with them. Accord- ruled in England or the Conservative partly. After ingly, the Swaraj Party supported the Government opposing the motion introduced by the Govern- in getting the Steel Bill through, a bill offering ment for a demand of grant for customs, Pandit protection to Indian Steel Industries, introduced Motilal walked out of the House along with the by the Government. members of the Swarajya party. Here started the period of greater struggle and But soon this attitude changed. Gandbiji was the exhibition of courage by Vithalbhai Patel in released from jail on the 5th of February, 1924. the Assembly. Though he was a swarajist, he did He studied the situation and got convinced that not walked out of the Assembly as he had by then, -council entry destroyed non-cooperation. It become its elected President. He had been elected became clear to the leaders including Motilal President in 1925 and continued in office ti111930. Nehru that the grouping spirit of the party could He pursued the policy of the Swarajists as Presi- not be counter-acted unless a more militant atti- dent of the Assembly and continued to fight the tude was taken. The next Congress reiterated its Government. He made his ~t important faith in the Ovil Disobedience Movement and the announcement soon after the Swarajists left the Swaraj party was asked to invite the Government House. He said that as the strongest party had at the earliest opportunity to give its final decision left the House, the Assembly ceased to be a ·on the nationalist resolution. Pandit Motilal representative body and that it was for the Gov- Nehru speaking in the Assembly complained that ernment to consider whether the Assembly should

:24 continue. So saying, he adjourned the House to raised the question of rights and privileges the dismay of officials and other members of the of the legislative assembly and asserted that House. He later explained that he had by his the confinement of Mitra violated his privi- order of adjournment wanted to draw the atten- leges as well as the rights of the constitueDcy tion of the Government to the situation obtaining which had elected him. But the Indian Legislative and to direct them not to bring forward contra- Assembly had net been then enjoying the status \'ersial issues for decision iJi the Assembly in the of the House of Commons. It was still an advisory absence of a big peoples' party. The next elections body or a big debating society. Any question, to the Assembly came off in November, 1926 and resolution, adjournment motion could be diJ.;. the Swaraj party came out successful as -the allowed by the Governor-General. Demands for largest party in the Legislative -Assembly. But grants voted down by the Assembly could be Malaviya and Lajpat Rai formed a separate restored by the Governor General and bills which nationalist group and the Muslims fomied their had been rejected by the House could be certified own party. Under these circumstances, it required and restored. In short, the Governor General was a -master h8nd as President to carry the mandatory a dictator and he was only making a show of Congress" objective- of wrecking inside the House. listening to the peOples' voice in the Assembly. Accordingly, the first attack on the Government The debate reached high eminence. President was launched on the 21st February, 1927 by Sbri Vithalbhai Patel having heard both sides of way of an adjournment motion to discuss the the case ruled that Motilal's motion was in order non-attendance of C. Mitra who had been and directed that the motion should be taken up elected the Legislative Assembly from Bengal. later on the same day. The Viceroy, however, exer- He was unable to attend the House because cised his powers and disallowed this motion. 1bere he was then under detention. Shri Moti1al wete It few m'?1"e adjournment motions during that session which served to warm up that atmosphere. legal bettle ensued. Jinnah was of the opinion that The next occasion when President Patel showed the President could not stop further consideration his mettle was when the Public Safety Bill was of the ·Bill. On the 11 th April, President Vithalbhai i~trod\1ced in the Assembly and the Law Member Patel. finally gave a ruling on the issue raised. In explained the report of the Select Committee. the course of a long statement, he observed that Shri Jayakar raised a point that in view of the no real debate was possible without reference to 3.I!est and proposed trial of the Communists in matters $Ub-judice. Though there was no specific Meerut, the Government would be well advised rule empowering the President to rule out consi- to postpone consideration for discussion of deration of the motion at that stage, he observed the Bill as it might affect matters which were that the power did arise by necessary implication then sub..,judice. Thereupon, the President observ- and analOiY. Further, the Chair had an inherent ed that the fundamental basis of the Public Safety power to rule out a motion on the ground that it Bill was virtually identical with that of the involved abuse of power and procedure in the Meerut Conspiracy case, a real debate on the bill House. On this ground, he ruled out any further was not,therefore, possible as it touched matters consideration of the Public Safety Bill. Thereupon, which were sub-judice. He, therefore, advised the Viceroy issued an ordinance giving the the Government to postpone consideration of the Governor-General all the powers which were Bill. pending the Meerut case or if they attached sought . for in the Bill. Thus with the greater importance to the passing of the Bill, to help of the President, the non~fficial members withdraw the Meerut case and then proceed of the Assembly, particularly with the help further with the Bill. The Home Member replied of the Swarajists tried to clothe the Assembly that there was no legal bar to the discussion of the with all the powers of the Parliament directly bill despite the Meerut conspiracy case and a or indirectly and to prevent in any way the slipping

26 away of the rights and privileges of the House and no allegiance to the President. He was responsible its members. Since the 24th August, 1925, to the Governor-General in Council. Further the Shri Vithalbhai Patel pl~ed the most important Secretary was a nominated member of the House. and positive role in the Assembly since he became As such, he joined the party of. his choice, worked its President. He not only emerged as the most for it and voted with his party members. Naturally powerful supporter of the rights and dignity of the the President could not regard the advice of such members of the House, but also gave to the a Secretary as impartial and independent. opposition party and its leader, the status that he Shri Vithalbhai Patel took up this matter with the should be entitled to, in a free country enjoying Governor-General, whereupon the practice of a democratic constitution. nominating the Secretary as a member of the Assembly was discontinued from the autumn A few important events and rulings are given session of 1928. But this was only an eye wash. hereunder by way of illustration. Even in regard The important defect was that the Assembly had to Patel's election as President of the Assembly, no independent staff of its own. At the instance there was a severe contest with one T. Ranga- of the President, the Presidents' Conference in' charya, who was supported by the Government. January, 1926 passed a resolution recommending Shri Patel was known as an indefatigable Swarajist creation of a separate office for the Assembly obstructionist. People were curious as to how the uncontrolled qy the Government. Shri Patel also said freedomfighter would work the constitution submitted a detailed scheme to the Government without giving up his role as a fighter. He suffered for reform of the Assembly Secretariat many handicaps at the outset. He had to rely on (i) that it should be separated from legisla- the advice of the Secretary of the Assembiy in tive department of Government of matters of procedure etc. But the Secretary owed India.

21 (ii)- that its Principal officers and establish- ment itself that was encouraging the carr,ying on ment of offices should be under the of propaganda against the President. The President control of the Assembly through its made a statement in the House agreeing President. substantially with the points raised by the leader of the Opposition and as a measure to correct the Thereupon Shri Motilal moved a resolution in press, he cancelled all press passes of the corres- the Assembly asking for the creation of a separate pondents of the guilty newspapers and ordered l department for the Assembly. He also moved that that no notice, bills etc., should be sent to them the Principal officers of the Department may be until further direction from the President. In the appointed by the Governor-General in consultation matter of dis-allowance of further consideration with the President and the power to take discipli- -of the Public Safety Bill, the Viceroy addressed nary action against those officers be vested in the the House and made certain observations against President subject to a right of appeal to the the President. The President thereupon lodged a Viceroy. The motion was adopted by the ~trong protest against his critical observations. Assembly and a separate secretariat department The Viceroy clarified his position and said that was eventually created. Though the Secretariat . he had no intention to cast any aspersions on the became a part of the Assembly, and came under President nor did he dispute the right of the its control and that of its President, the President President to interpret the rules within the House. had to maintain the dignity of the Chair i.e. President Patel thereupon read a long statement himself against attacks both from within and before the House when it sat next. He declared without. Some British and Anglo-Indian papers that the rulings of the Chair were subject to began to attack him. Somebody reported to the criticism and censure only by the House itself. He House that it was not newspapers, but the Govern- further declared that as long as he was in the

28 Olair, he would continue to maintain the prestige a resolution was passed that independence was and privileges of the House and the Chair and the goal of India's struggle for freedom and the will act subject to the Constitution which was independence flag was unfurled on that occasion. supreme within the 4 walls of the Chamber. On All the members of the legislative assembly were the question of police protection in the assembly asked to resign and they did so. Shri Vithalbhai building also, President Patel fought with the Patel did not respond to the call of the Lahore Government and the bureaucracy. Government Congr:ess earlier, but realised later that his considered this matter and ultimately decided that q:mntrymen were engaged in a life and death they should depute to the services of the assembly struggle for freedom and' his place was not in the a senior officer who would be responsible to the Assembly which was really a sham legislature: President for regulating all the matters relating to He tendered his resignation of both the President- protection of the Assemb1y withi~ the precincts ship and membership of the legislature assembly and that all orders issued to the Police outside the to the Viceroy on the 25th' April •. There he wrote assembly should be framed with the approval of "The movement of non-violent non-cooperation the President. Thus, President Patel fought inch and civil disobedience initiated by the Indian by inch for the pr2tection of the riWts. privileges National Congress under the leadership of and dignity of the Ho!!Se. Bureaucracy, no doubt Mahatma Gandhi, the greatest man of modern resIsted his efforts as through the back door, they times, is in full swing. Hundreds of prominent felt, that the assembly was acquiring the same count11y men of mine have already found their status which the House of Commons had in the place in His Majesty's jails. At such a juncture U.K. in the history of the struggle for the freedom of my country, my proper place is with my country- At the Lahore session of the Congress in 1929, men with whom I have decided to stand shoulder to shoulder and not in the chair of the Assembly". assembly and a mere debating association, which He also told the Viceroy that at one time, he by his rulings and reorganisation of the Secretariat believed that India might secure its proper place brought it near the level of the House of CommoDS. as a self-governing unit in the British common- though it became one legally many years later. wealth. But recent events both in England and in All glory to Shri Vithalbhai Patel, the elder I ndia had disillusioned him. His resignation was brother of the man of iron and steel, who proved to be even stronger thaD his younger brother and accepted with a remark by the viceroy "Your created traditions and prestige for the parliament letters make it plain that your course of action is which every member including the Olair should not one that can be influenced by reasonable emulate and maintain as ORe of the foremost arguments". democratic parliaments in the world. May his life inspire us all. Thus ended the Parliamentary life of Shri V. ]. Patel. When he took it up, it was OIlIer an Long live the memory of Shri Vithalbhai Patel. VIEWS OF A CONTEMPORARY by

KAsTURBHAI LALBHAI Member of Central Legislative Assembly

Shri Vithalbhai Patel seems to pale in Gandhi wanted, but succeeded to the extent that comparison with his illustrious brother Sardar the British Parliament offered the Montague- Vallabhbhai Patel. He was no less a patriot Chelmsford reforms, which made a small and . nationalist and' was a leading Congress- beginning for a Parliamentary Role in the country. man. But·one has to recall tbe history of Thus, whether to take advantage or not, of tlIe pur struggle for our national 'freedom, as it olIer of the British Parliament, became a burning was gathering momentum from 1920·. onwards. issue, and With the blessings of Mahatma Gandhi, Although stalwarts like C. R. Das; Motilal Nehru, Stlri Motilal Nehru -and others like-minded persons, SardarPatel, Rajendra' Babu; 'RajagopaIachari, formed the SW8(ajya' Party' to carry on the and' others were there, .the first ~ thrust of the polidcal struggle from" inside tbe Legislature. <;Ongre~s- diP not have "the ,jJnP@ctit~at Mahatma Shri. Vlth~lbhai .Pateljoibed the Swarajya Party.' Although the British Parliament had offered to ment machinery. So Shri Vithalbhai Patel had make a beginning for an elected Legislative to form a standard of a fair and democratic Assembly, the die-hards in England and the procedure in the house, which gave a dignity to bureaucracy in India, neither wanted the experi- the house and simultaneously curbed the arro- ment to succeed nor wanted the Indian people to gance of the bureaucratic representatives of. the assert their will. However, the Swarajya Party Government and kept in proper check the over- won a large majority at the elections and the first enthusiasm of our representatives. He succeeded conflict started with the election of the Speaker. in achieving this eminently because he was a Shri Vithalbhai Patel was selected by the party to successful lawyer by profession. So the legal be the Speaker. The election was bitterly fought aspects of the procedure in the Assembly came between the nationalists on the one hand and the eaSiyto him. However, his real sUccess as a officials and the sycophants of the Government on Speaker lay in another sphere. Although he was the other. Shri Vithalbhai Patel was elected by 'a partyman, and although that 'party was com- a margin of two votes. Although this margin was mitted to challenge the Government; narrow, the victory was considered a' resounding Shri Vithalbhai's conduct as a Speaker was victory, because for the first time, the people got exemplorary. No one could say that he did not ari edge over the alien Government. hold the scales even, and even when he had the occasion, he did it with such dignity that no one's However, the task of Shri Vithalbhai 'Patel was sensitivity was hurt. The speeches in the not an easy one. There were no precedent in the Assembly and the ocCasional exchange of strong country for a popular Legislative Assembly much words, were carried on with such grace and dignity less there were any precedents for a Legislative that it had to be acknowledged on aU hands, that Assembly, which was independent of the Govern- the Assembly was a model democratic institution. Even the Britishers had to admit that Indians could signifying thereby that the, relations between the play the democratic game according to time people and the rulers had changed in a significant honoured rules. All this was due to manner, and the Legislature was abOve the Execu- . Shri Vithalbhai's sense of respect to the Chair that tive, eve", in the person of the Viceroy . he was occupying. Since he did not lower his sights, he raised those of the members. I had the An incident in connection with his attempt to good fortune to be a member of the Legislative maintain and raise the dignity of the House is Assembly for a period of three years from 1923 worth recollection. On 8th March, 1928 the to 192'6 when Shri Vithalbhai was the Speaker Commander-in-Otief made an announcement in and can s8iY from my own experience that the one the course of his speech which in the words of thing Shri Vithalbhai strove to maintain was the Mr; Jinnah, was in total defiance of the decision digrtity of the Chair and the decorum of the house. of the Assembly, taken at its last session in Simla. Mr. Jinnah gave notice on March 10, 1928 for an .The value that Shri Vithalbhai attached to th:! adjournment of the House for the purpose of dis- dignity of the Speaker and the dignity of the house cussing that announcement. The adjournment was marked out .by an important change that he motion was ruled to be in order and fixed to be made in the ceremony of the house. The estab- taken up in the afternoon that day. The lished convention was that the Speaker would Commander-in-Chief was not present in the House vacate his Chair and went· to sit among the at the time of the discussion. Shri Vithalbhai members, when the Viceroy came to address it. noticed the absence and remarked that it was Shri Vithalbhai changed this convention. He highly discourteous of the Commander-in-Cbief to , continued to occupy the Speaker's chair and remain absent at that time. The Army Secretary \, requested the Viceroy to address the House. defended the absence by saying that the

33 Commander-iD:

34 THE ARCHITECT OF PARLIAMEN- TARY PRACTICES-VITHALBHAI PATEL by

DR. VIRENDRA SWARUP,

Chairman, Uttar Pradesh Vidhan Parishad

My Captain does not answer, tains of the ship did not live long enough to see . His lips are pale and still: to the safe anchoring of the ship. Nevertheless My father does not feel my arm, the ship is anchored safe ! He has no pulse or will. But the ship, the ship is anchored safe, Parliamentary life, as we see today, receIved Its voyage closed and done. its shaping at the hands of one of the greatest parliamentarians of all times, Vithalbhai Patel. The ship of our democracy is anchored safe He became wedded to politics from his early days. indeed. A great voyage has been closed and He was classified as one of the "Moderates". As done. Our only regret is that some of the Cap- a "Moderate" he learnt one great lesson of bis

35 life which he always practised as a Parliamen- Pal, Sir Hari Singh Gour, Ranga Swami Aiyanger, tarian. This big lesson was, never to speak on Jinnah and a host of brilliant members. As has any subject without first mastering it. His oration been said by Sri Chagla, the ,hen Chief Justice was not a mere appeal to masses, it was vocal of High Court of Bombay- text book of facts. It has been said about Vithal- bhai-"He was a better Committeeman than a "It would be no exaggeration to say that any platform speaker." He was one of the rare idea- Parliament in the world would have been proud lists who considered idealism as meaningless unless to have Vithalbhai as its President." the ideal was actually put into practice. Human eyes are not able to 'iee the peculiar Vithalbhai entered the Central Legislative course of destiny. No one could foresee that Assembly only to emerge shortly thereafter as its the work being done by Vithalbhai as the Presi- elected President in the year 1925. He actually dent of the Central Assembly was in fact nothing beCame a part and parcel of the legislative machi- short of laying thefoundatiori stone of the :tradi- nery and the custodian ·of the healthy traditions tions of the Parliament and State Legislatures of the Assembly to which we may trace the healthy which were bestowed to the country by our Cons- practices of the Parliament which we find today. titution. We must also realize the times of Vithal- The period of Presidentship of Vithalbhai atoncc bhai. In the year 1925, no one <;ould even dream impresses the reader of constitutional history not of calling upon the Viceroy from the President's only by the towering personality of Vithalbhai Chair to address the House. Before Vithalbhai but also by the band of his colleagues who in- took the Chair of the President it was cus- cluded men like Pt. MotHal Nehru, LaIa Lajpat tomary for the House that as soon as the Viceroy Rai, Pt. Madan Mohan Malviya, Bipin Cband -came to address the members, the President would

3:6 vacate his Chair and sit among the members. today by the Assemblies of various States~was Vithalbhai made a departure from this practice. his success in getting the control of the LeJisla.tiY1!- When the Viceroy entered the House, he conti- Department totally removed from. over the Assem- nued. to remain in the Chair and called upon the bly. An independent department of the Assem6iy Viceroy from the Chair to address the House. was set up by Vithalbhai so that he was no longer to be at the mercy of the officers who formed part His courage as a President of the Central of the machinery of the Government. Assembly and his desire to maintain the dignity and decorum of the House were also reflected in In many ways Vithalbhai kept a vigil over the the sensational Commander-in-Chief episode. Hav- decorum of the House. He cancelled Press passes ing made a long speech the Commander-in-Chief issued to the correspondents of the Times of India had walked away from the House and was not and the London Daily Telegraph when they had: in the House when his speech was being discus- made remarks not befitting the dignity of the sed. Vithalbhai plainly informed the Government Chair. The matter came to an end, so far a~ that unless unconditional apology was offered by Times of India was concerned, when the Proprie- the Commander-in-Chief he would not permit him tors of the Times of India and the correspondent to make any other speech in the House. This concerned offered profuse apology to Vithalbhai. had its desired result and the Commander-in- Chief submitted his unqualified apology to the In some Assemblies of our country, there has. President of the Central Assembly. been a recent introduction of the system of Assem-- bly Guards in place of police. In the times ot- Another very important step taken by Vithal- Vithalbhai, the police used to be employed by the· bhai, which has to be seriously considered even Government for security measures. Vithalbhai.

31' took up this issue. The Government was unwill- "Sir Hari Singh Gour (on behalf of Sardar , ing to· with its measures of public security Gulab Singh): When do Government· intend to part create a separate' establishment for· tbe cffice of which necessarily meant the presence of police the President of the Legislative Assembly, and in the precincts of the House. Vithalbhai closed how much extra expenditure would it involve? all the public galleries attached to the Hous~ for 'a period of about two months and the GoVern- Mr. L. Graham: Government ure not con- ment had to bow down to Vithalbhai. His autho- templating the early creation of a separate estab- rity and right to control the security measures in lishment for the Legislative Assembly. I am not in a position to estimate the amount of extra the precincts of the Assembly were recognized by expenditure involved, as this would depend in the Government. part on the extent and method of the separation of the Assembly staff from the staff of the Legis- It would be interesting to have a glimpse of lative Department. the proceedings of the House when the matter of removal of the control of the Legislative Depart- Sir Ha,; Singh: Is the Hon'ble member ment from the Assembly formed the subject of aware that this question has been agitating the members of this House ever since the first the day. In accordance with a decision arrived Assembly? at the President's Conference held in I anuary, 1926, a formal address was made to the Legisla- Mr. Graham: I may remind' the Hon'ble mem- tive Department on the complete separation of ber that he might have put down a cut in the -the office of the Assembly from the Legislative grant, but he did not do so. Department of the Government of India. On 16th March, 1927, the following questions and answers Sir Hari Singh: This is not an answer to my .figured on the floor of the Central Assembly :- question. I want an al15wer to my question. Js it not a fact that members of this HOllse ha'ie ber whether he will reconsider the sugdstiOh been agitating for a separate establishment ever made on this side of the House that the Legisla- ,ince the first Assembly? tive Assembly must have an office of its own?

Mr. Graham: I think, Sir, my answer indicates Mr. Graham: That has been considered and will the feelings of members of this House. If they be considered. It did not put down a cut, I presume they are not deeply anxious about it. At this stage, Vithalbhai intervened, and made the following statements :- Sir Hari Singli: My question has not been answered. I repeat it once more. Is it or is it not a fact that ever since the creation of the "1 may inform the Hon'ble member that this is Indian Assembly, members have been asking for not a question with which I should remain un- a separate establishment, and the Legislative De- concerned. As President of the Assembly I feel partment have given assurances that the matter it more keenly than any other member or this would be considered, but there were financial House that the matter should be settled as early considerations which stood in the way in 1921, as possible. The question is under my considera- 1922 aDei 1923, which prevented Government tion for some time past and whatever may ulti- from giving effect to the suggestions made by the mately be the decision of the Government in the House? _. matter, I have decided to prepare and submit a scheme to them for the separation of the office Mr. Graham: The Hon'ble member knows the of the Assembly from the Legislative Depart- answer better than I do. He has been in the ment. It.is only a question of time." House all the time and 1 have not. On 5th September, 1927, after the question- Sir Hari Singh: May 1 ask the Hon'ble mem- hour Vithalbhai made this statement on the floor

39 C)f the Central Assembly :- to its satisfaction, the Secretary anJ the staff mUlit in some form be responsible to the House "'Since I assumed charge of this office, I have and its President, and not be subordinate to any found the Assembly and its President labouring outside authority." under a serious handicap in two essential parti- culars, and this makes smooth and satisfactory working of the Legislative machinery very diffi- * * * * * cult The President is an impartial interpreter and administrator of the rules of the House, but It did not take me long to realise all this after these rules are not made by it, nor has it the I assumed charge of the office in August 1925. power to amend them to suit its requirements. The Presidents' Confereace, which met in the They are amended from time to time by the following January, passed at my instance a Reso- Governor-General in Council with the sanction of lution advocating the creation of a separate office the Secretary of State, and neither the Assembly for the Assembly, quite independent and uncon- nor its President has any right even to be con- nected with Government. sulted. In the interpretation of the rules, the President has to rely on the advice of the Secre- ,., 'lary of the Assembly, and in the administration • • • thereof by the office he has to rely on the effi. ciency, independence and reliability of the staff The most essential demands c;ontained in the and the Secretary. Every member of the House scheme were three : has in the discharge of his duties to deal both with the Secretary and his staff, and if be fails to get satisfaction, the fault is naturally laid at the (I) That the ASsembly office should be separated door of the President, who is supposed to be the from the Legislative Department of the Gov- controlling authority. It goes without saying that ernment of India, and be treated as an if the business of the HOU5e is to be carried on independent Department, and not merely. as an office attached· to any department of created quite a sensation on account of the bold Goverrunent. and courageous stand taken by Vithalbhai in asserting his authority in defence of the Chait's (2) That its principal officers and establishment powers and the privileges of the Assembly. On should be under the control of the Assembly 8th April, 1929, there had been a bomb outrage through its President. in the Assembly Chamber in which some members had been injured. This had created a serious (3) That the financial proposals of t.he new De- problem both to the President and also to •the partment should be included in the annual police. Vithalbhai was, therefore, concerned with budget without any scrutiny by the Finance the question of regulating the admission of visitors Department, the Assembly to be the final judge as to whether the proposed expendi- to the galleries of the Central Assembly in such a ture was necessary." manner that the same was consistent with the dignity of the House and at the same time afforded I have quoted the extracts above in extenso security to the members of the House. The Ollef since the contents above furnish valuable guide- Commissioner Delhi, had furnished Vithalbhai lines even to the present day working of the with copies of a series of Orders which had been Assemblies of various States. The motion on the issued by him to the Police. Simultaneously subject was adopted by the Assembly without a Vithalbhai also received communication from the division. This was a personal triumph for Vithal- Home Member informing Vithalbhai that the bhai. Chief Commissioner of Delhi had been instructed to carry out proposals which related to the check- The matter of having control over the precincts ing of admission to the Council House building ()f the House which I have referred to above had and also in respect of the presence of Police in

41 (he Public Gallery. Vithalbhai, therefore, on 3rd of furore and the following dialogue figured in Septt:mber, 1929, made this statement from the the House immediately after the statement Chair of the Central Assembly :- "The Hon'hle Sir James Crerar: Sir, "I have carefully studied the large number of orders issued to the Police by the Chief Commis- Mr. President: Orders must be carried out sioner, and I have no hesitation in saying that, first. taken as a whole, they seek to substitute the authority of the Government for the authority The Hon'hle Sir James Crerar: I request of the Chair in the whole Assembly sector in- you, Sir, to give me an opportunity to make some cluding the galleries. observations on the statement you have just made. In these circumstances, I havo no other course open but to direct that all tho galleries except Mr. President: Orders must be carried out the Press gallery, be forthwith cleared and closed, first. (All the galleries, except the Press Ganery, and that no further passes be issued to strangers were then cleared). until further orders. I hope the authorities con- cerned will in the meatltime reconsider their posi- tio., and I will also consider what further steps Dr. A. Suhrawardy intervened and asked: Sir, I should take to vindicate the olUthOrity· of the may I inquire whether your orde~ applies also to Chair. the members of the Council of State, who are en- titled to come without passes? I express my regret to those who misht be in- convenienced by this order." Mr. President: Yes.

. This statement, as could be seen, created a lot The Hon'hle Sir James Crerar: Sir, may I

42 with all respect ask to be allowed to make some Late Pt. Moti La1 Nehru before walking out of ~bservations ? the Assembly with members of the Swaraj Party had made the following heart-stirring statement Mr. President: Will the Hon'ble member from the floor of the House :- lindly resume his seat? With regard to what does he wish to make observations? "We have no misgivings either about our fate The Hon'ble Sir lames Crerar: With regard or our deserts, and we go forth into the country to the statement which you, Sir, have just made. to put it to the touch to win or lose it all. We feel tbat we have DO further use for these ~e Mr. President: I have passed my order and institutions, and the least we can do to vindicate it cannot be questioned. Gentlemen desiring to the honour and self-respect of the nation is to take their seats will come to the Table and make get out of them and go back to the country for the oath of affirmation in the manner rr,s- work. In the country we will fry to devise those cribed." sanctions which alone can compel any Govern- ment to grant the demands of the people. We ,hope and trust that die nation will give a suit- Unstinted praise was showered on Vithalbhai able reply to the truculent rejection of our de- by all the constitutionalists and the public for his mands and will send us again in larger numbers bold and courageous stand. with a stronger mandate, and, God willing, with the sanction for fulfilling its aspirntions and en- No picture of Vithalbhai as President of the forcing its commands. These are tile fewre- Central Assembly can be complete without a marks, Sir, that I wished to make in order to mention of the Swaraj1sts' walk-out from the make the position of the Swaraj Party clear. I now beg your permission to withdraw, and I call Assembly and the remarks made by Vithalbhai as upon all the Swarajist members of this House to the President in the wake of this walk-out. The follow me."

43 Having concluded his speech Pt. Moti Lal ber of the largest party in this House. Whether Nehru together with the entire members of the the crisis could have been averted or not by tact- ful and wise handling is not a question on whic,h Swaraj Party withdrew themselves from the the Chair is called upon to make any statement. Assembly in a body after giving respectful bow The fact, however, remains that the House ceases to the Chair. This walk-out by the members of to be representative in the sense in which it was the Swaraj Party was most impressive and intended to be by the Government of India Act, was witnessed by a distinguished crowd which had and it is for Government to consider how far occupied the public gallery. The benches of the they should continue this House or not. There is absolutely no doubt that the Assembly, as it Swaraj Party gave a deserted look and the Cham- is constituted now, is merely there to register the ber itself appeared quite void without the members decrees of the Executive Government. It cannot of the Swaraj Party. Vithalbhai saw to it that no be anything else and therefore it is tor Govern- one disturbed the benches vacated by the Swaraj ment seriously to consider how long it should Party. One Rai Saheb, Har Bilas Sarda, stepped allow this House to function. But so long as it into the benches vacated by the Swaraj Party. is allowed to function, I would advise Govern- ment to bring forward only such business as is Vithalbhai at once ordered him to vacate the seat. absolutely necessary for the purpose of carrying The lunch-hour was about to begin when Vithal- on the administration, and _not to bring forward bhai rose and made the following statement which any controversial measures. The Chair has a will go down in history as the stern voice of one duty to see that the machinery of the Govern- of the most fearless Presidents of any Legislature. ment of India Act is not abused to the prejudice of the people of this country, and for that pur- Vithalbhai said- pose the Chair possesses sufficient powers in the shape of the adjournment of the House, sine die, "The Chair regrets the circumstaaces wlrlch or in the shape of refusing to put any motion to have necessitated the withdrawal from this Olam- the House. I hope and trust that the Government

44 will so act in carrying on the business of this He was arrested along with some other members Assembly hereafter that the Chair will not be of the Working Committee of the Congress. Due compelled to resort to its extraordinary powers. to his ill health he was released after he had I think it is necessarY, in the present atmosphere, served out 5 months of sentence. In 1932 he was to adjourn this House, till tomorr;)w morning, at again arrested but due to illness was permitted 11 o'clock." to go to Vienna for treatment where he met Netaji Whenever rulings from the Chairs of Legisla- Subhash Chandra Bose. Even as a sick man tures will be weighed, this courageous ruling of Vithalbhai toured the whole of the United States Vithalbhai from the Chair will be hailed as a in order to enlighten the people of America about momentous mile-stone on the highway of the the cause of India. Both Vithalbhai and Subash Constitution. The Government had been so much Chandra Bose realized that more militant methods perturbed over this ruling that it had been kept a should be resorted to against the yoke of British close secret for a long time. Imperialism. Death, however, did not allow Vithalbhai to realize his dreams. As he lay dying Vithalbhai can rightly be described as the arch in the Swiss clinic his last messag~ for his country- mason who had built edifice of healthy Constitu- men was :- tional practices. In Britain the Speaker gets a handsome pension after his resignation and also "Give my blessings to all my countrymen and all friends in India and through.:mt the world. a Peerage. All that Vithalbhai got for his contri- Before I die I am praying for the early attain- butions to the Parliamentary life of the country ment of India's freedom." was six months R.I. In 1930 when the Congress had boycotted the Legislatures, Vithalbhai ten- He died on October 22, 1933, in Geneva while dered his resignation as Speaker of the Assembly. in exile Pandit lawahar Lal Nehru has paid

45 tribute to Vithalbhai in the following moving thought of our veteran leaders leaving us in the words :- way, one after another in the midst of our struggle- was extraordinarily depressing one." "His passing away was a painful event and the

46 A FEARLESS SPEAKER by

A. G. KlIER

Former Speaker, Uttar Pradesh Vidhan Sabha

Late Sri Vithalbhai Patel was undoubtedly a of India Act, 1919, did not possess the powers front rank social worker, an outstanding legal enjoyed by Legislatures of independent countries, luminary and parliamentarian and above all in has been exemplary and will ever be guiding Gandhiji's words "a fearless Speaker". His con- future Speakers. tribution to India's Constitutional history is re- markable. He had unflinching courage and states- His Parliamentary career begun as a Member manship for which the nation will ever remain of the Bombay Legislative Council, where he kept indebted to him. Besides other things, his contri- the treasury benches on their toes with searching bution towards the establishment of Parliamentary questions, and by bringing other matters before traditions and conventions as a Speaker of the the House. He was elected in 1918 to the Im- Central Legislative Assembly at the time when perial Legislative Council, where he distinguished the Assembly constituted under the Government himself for his skill as a 'follower of the Pamellite

47 Irish traditions of creating a deadlock over Gov- even after the independence when the Parliament ernment bills with which he and his party were and the State Legislatures have under the Cocs- not in sympathy but which they were not able to titution, the Powers, privileges and amenities as turn down. those enjoyed by the House of Commons in United Kingdom. The most important event in Vithalbhai's life, as in India's Constitutional history, was his elec- Late Sri Vithalbhai Patel was absolutely im- tion to the Presidentship of the Indian Legislative partial in the Chair. He raised and up-held the Assembly in August, 1925 to succeed Sir Frede- dignity of the House with great vigilance. Vithal- rick Whyte. The Assembly contained a galaxy of bhai's making the Commander-in-Chief submit national leaders, but hardly had any tradition or and express his regret to the House for the dis- convention. The situation, then, also was not courtesy by his absence without informing the helpful because the Assembly was given no such Chair during the discussion of an adjournment powers as are available presently to Parliament or motion arising out of his speech; discontinuing the State Legislatures. The Government of the the practice of the President to vacate the Chair time was foreign and rulers detested him and the and sit among the members when Viceroy address- Leader of the House showed hostility behind ed the House; giving his casting vote against the formal courtesy towards him. It is in such ad- first public Safety Bill; bringing about the removal verse circumstances, that he showed his courage of the control of the Government's Legislative of convictions, strength, independence and impar- Department over the Assembly Secretariat and tiality in upholding the great parliamentary tradi- setting up a separate and independent department tions and conventions, which are yet found diffi- of the Assembly, establishing the authority of the cult to be practised in our Parliamentary system, Chair over the precincts of the House in face of

48 tough opposition by Delhi Police, can be cited a executive in the absence of any opposition, he few of the many such examples to show how he took no time in resigning from the Presidentship raised the dignity of the House under adverse of the Assembly. situations. It was he, who, with his ability, im- partiality, independence and above all courage Though Vithalbhai is no more with us, he will of conviction, could enjoy the confidence of the always be remembered by the grateful nation. I Members of the Assembly. When he saw that do hope that India and more specially the Presid- he could not adequately safeguard the dignity, ing Officers of the Parliament and State Legisla- rights and privileges of the Members of the Legis- tures will follow the path shown by him in main- lative Assembly against the bureaucratic encroach- taining the dignity and decorum in the Legislatures ment, and felt that it was no use to preside over and above all in keepin.l!; aloft the light of Parlia- the Assembly simply to register the decrees of the mentary traditions and conventions lit by him.

49 VITHALBHAI PATEL- AN OUT-STANDING PARLIAMENTARIAN by GULSHElt AHMED, Speaker, Madhya Pradesh Vidhall Sabha.

The public life of Shri Vithalbhai Patel em- Parliamentarian since his early days when he be- braces three phases---Patel as a la\Viyer, as a public came a member of Bombay Legislative Council worker and as a Parliamentarian. Although he and later elected to the membership of the Im- has left a mark in all the three fields of his activi- perial Legislative Council under the Morley- ties, he is remembered for his great works as Minto Reforms. He had also been the President Parliamentarian. As a public worker he was a of the Bombay Corporation, before he joined the great patriot who gave precious years of his life Indian Legislative Assembly as a non-official elect- to the great cause for the struggle of India's inde- ed member in the year 1924, where he had earned pendence. Here we are more concerned about the distinction of many firsts. In the year 1925 his work as a Parliamentarian. he was elected the first Indian President of the Shri Vithalbhai Patel had his grounding as a Indian Legislative Assembly after defeating the

50 Government sponsored candidate. Not only that Shri Patel remained President of the IndiaD he was the first Indian President but he had also Legislative Assembly during 1925-30· and his earned the distinction of being the first elected task as the Presiding Officer of that august· body President, for before that his predecessors were was arduous because the House was neither repre- nominated by the Governor-General. sentative nor the executive responsible to it. Therefore as an accredited representative of the Assembly he interpreted the Rules and Standing It is said that he was nominated as a candidate Orders of the Assembly liberally with a view to for the Presidentship by a party which believed in safeguard the rights of the non-official members. the wrecking the constitution from within. How- of the House. He did not allow the Govt. to- ever, on his election as President, Shri Patel, by force Legislative measures on the Assembly his actions earned the name as the greatest de- against the wishes of the members or to curtail' fender of the dignity of the House as also the pri- debate in the House on Govt. Bills and tried to- vileges of its Members so much so that he was safeguard the rights of the members against official re-elected as its President in 1927 unopposed. encroachments. Some of his contemporaries. In the words of Hon'ble Sir Brojendra Mitter, the criticised him for being harsh to the Govt. in his then Leader of the House, during his obituary rulings but they forgot that like Speakers of the speech on the 20th November,1933 on the floor H?use of Commons in olden days who fought of the House- With autocrat Rulers for the rights and privileges of the House of Commons and its Members, ''In office, Mr. Patel was not a wrecker but a stout upholder of the Constitution and zealous Shri Patel had to perform a similar task custodian of the dignity and privileges of this Shri Patel's performance as President of th; Chamber." Assembly could not therefore be judged by the

51 standards of the Speakers of independent coun- succeed in his efforts. But at the same time he tries. He had necessarily to fight for the privileges did not give up his efforts and he therefore, in of the non-official members against the encroach- 1926, convened a Speakers' Conference to consi- ment by a Govt., which was not responsible to der the question of a separate Secretarial staff for the Housc. Presiding Officers. Although his views were un- animously adopted by the Conference, the During his Presidentship Shri Patel laid founda- Government did not give up its resistance to his tion of some of the privileges of that august office demand. Therefore, on his re-election unanimously which are now enshrined in our Constitution. But as President in 1927 he made his famous he did not obtain these privileges easily and he declaration in the House that as President elected had to put up a stiff fight with the then Govt. by the AssembLy he was "responsible to the for getting them recognised. Most important Assembly and to no other authority". It was that among them were formation of a separate Legis- declaration which gives a key to the Speaker's lative Asscmbly Department and Speakers' power position in the Constitution. In 1928 the House to control the precincts of the House for main- carried a motion, moved by Pt. Moti Lal Nehru tenance of order and security. for the formation of a Legislative Department under the President as a result of which a compro- Soon after his election as President, Shri Patel mise was arrived at creating the Department legally took up the question of having a separate Depart- in the portfolio of the Governor General, but the ment of the Legislative Assembly over which he de-facto control rested unambiguously with the shouls have a Control, but the Government President. resisted his demand and as at that time Swarajist In 1929 when two bomb explosions took place party in the House was in minority, he did not within the Assembly, Shri Patel took up with the

52 Government the question of having exclusive con- prevailing and rulings given by him during his trol over the security arrangements within the Presidentship even to this day are looked upon by House and when the Government resisted his the Speakers of our Assemblies with great defer- demand, he closed the gallaries of the House for ence for guidance and inspiration. Shri Patel is a the visitors. Ultimately, the Government agreed bright star in the entire galaXlY of Speakers. to place the security arrangements within the Shri R. N. Mathur summarised Shri Patel's pricincts of the House under the control of the performance as President in the following President. words :-

Shri Patel did not hesitate to resign his office "President Patel's conception of office of the in 1930 when he felt that despite his efforts he Speaker was realistic and appropriate to the poli could not adequately safeguard the dignity, rights tical situation. He occupied the Chair as a true and privileges of the Legislative Assembly against servant of the people, zealous on behalf of thek encroachments from the bureaucracy. He lent liberties and prerogatives and aa ~ne who repre· sented their feelings firmly, zealously and openly status and dignity to the institution of Speakership without fear of offending, or without any delire even under adverse and trying circumstances then to conciliate the powerful bureaucracy".

53 SHRI VITHALBHAI PATEL AND HIS CONTRIBUTION TO PARLIAMEN- TARY LIFE IN INDIA by

SHRIMATI K. S. NAGARATHNAMMA Speaken, Kamataka Legislative Assembly.

Shri Vithalbhai Patel occupies a pre-eminent the Congress) into the Central Assembly in 1923, position in the Indian Parliamentary Life. Indian opinion asserted for an elected Speaker of Shri Vithalbhai Patel functioned as Speaker during the House. The then Government also intended a period which was very different from what it is that an elected President should be chosen when today. He was the first elected Indian Speaker Sir Fcderick Whyte's four year term ended. of the Central Assembly. The Institution of Although the Swarajist Party did not command an Speaker in India dates from 1921. The first Pre- absolute majority in the House, Shri Vithalbhai sident of the Central Assembly was Sir Federick Patel, who belonged to the Swarajist Party, was Whyte. He was nominated by the Govemor- elected President of the Central Assembly defeat- General of the day for a period of four years. With ing the rival candidate who enjoyed the official the entry of the Swarajist Party ( a group within support. The Central Legislative Assembly under the Government of India Act of 1919 was far "Now Sir, specially on behalf of the Govern- from being a sovereign body. Its powers regarding ment, may I say that we would like the distin- guished occupant of this Chair now and always Legislation and finance were very much limited. to guard the freedom and liberties of the House The elected members who were in majority were from every possible danger, even from the danger feeling frustrated against the Government which of executive intrusion. There is always that was irremoveable. danger even from a National Government that it may choose to ride roughshod over others, that there is always a danger from a majority that The passion of the members who entered the it may choose to ride roughshod over the opinions Legislative Assembly was to wreck the constitu- of a minority, and it is there that the Speaker tional machinery. To preside over such a House comes in to protect each single member, or each single group from any such unjust activity by a was a very difficult task. In such a situation the dominant group or a dominant Government. Speaker was susceptible to be mistaken as support- Vithalbhai Patel performed that function at a ing one party or the other. Shri Vithalbhai Patel different time and performed it with remarkable functioned as Speaker in such stormy circum- ability. He laid the foundations of those tradi- stances and came out unscathed. Morris Jones, an tions which have already grown up round the English writer has said that Shri Vithalbhai Patel Chair which you, Sir, occupy with such distinc- tion. I hope that those traditions will continue, who held office from 1925 to 1930 did more than becaUSe the position of the Speaker is not an a~ of his successors before 1946 to assert and individual's position or an honour done to an consolidate the independence of the Chair. individual. The Speaker represents the House. Shri Patel established the glorious tradition of He represents the dignity of the House, the free·

55 be an honoured position, a free position and feeling uppermost in my mind just at this moment should be occupied always by men of outstand- is that it will be difficult for me to carry on the ing ability and impartiality." duties of this office after having been engaged for 12 or 15 years in public activities. But I The following observations of Shri Vithalbhai assure you that I have accepted this office with Patel when he was elected Speaker indicate his high hopes and fully realizing the implications involved therein. I had to consider in my mind, modesty of temperament and independence of whether I would be more useful to the cause of thought: my country by remaining a non-official Member of this Assembly or whether I could serve my I have not the slightest doubt in my mipd Sir, country as usefully by accepting this Chair if you (referring to Sir Federick Whyte) that you have offered it to me. Before I made up my mind to made a splendid President, and by doing so you stand as a candidate, the decision of this ques- have made my task much more •.Iifficnlt. I know tion worried me for days and nights, and ulti- I will be judged by the standard you have set, mately I came to the conclusion that I would be and I have to strive my utmost to come up to serving the cause of my country better by the that standard. I have absolutely no doubt that choice I have made and therefore I accepted it. the Members of the Assembly will expect me to The Swarajists are often described as critics, des- carry out the high traditions of this office which tructive critics: and it has therefore become their you have set up, and I will try my best to see duty, whenever an honourable opportunity offers that I acquit myself honourably.'" to show not only to this House but to the whole world that, if they know how to destroy, they Gentlemen, I thank you most sincerely for know also how to construct. They have to show electing me to this Chair. I thank you again for when real responsibility comes to them that they the kind words that you have spoken this morn- are ready to discharge the duties placed upon ing and for the best wishes that you have ex- their shoulders. You know, gentlemen, the His pressed. I frankly, confess, gentlemen, that the Excellency the Viceroy was good enough to ':'Legislath'e Assembly debates 24th August, 1925. P. 25. plead for co-operation for the new President from all sections of the House; my predecessor, to whom Chair. (Cheers). Misgivings have been expressed we just bade good-bye, also pleaded for such co- in some quarters, fears have been entertained, operation, may I also appeal to every section of that I would not meet the Viceroy, that would this House for the same co-operation? When I do this, and that I would

58 against the Government. On the 2nd April, 1929, real debate on the Bill is not possible. Besides, President Patel made the following statement : acceptance of the Bill would mean practically the acceptance of the fundamental basis of the case "Before I ask the House to resume the debate for it, and rejection of the Bill would mean the on the motion that the Public Safety Bill, as re- rejection of that basis, and in either case such a ported by the Select Committee, be taken into course is bound to effect prejudi:::ially the case consideration, I should like to make a few obser- for the prosecution or for the defence in the vations. Since we met last, I have been at pains Meerut trial as the case may be. I do not sce to examine the speeches made by the Leader of how in these circumstances I cun legitimately the House from time to time on the Public Safety allow the Government to proceed further with this Bill on the one hand, and the complaint lodged Bill at this stage. I have decided, instead of giv- by the Crown against the 31 persons in the ing any Ruling, to advise the Government them· Meerut Court. As a result of my labours, I selves in the first instance to consider the obser- have found that the fundamental basis of the vations I have made and postpone the Bill pending Public Safety Bill is virtually identical with that the Meerut trial, or, if they attach greater im- of the case against the 31 accused. Honourable portance to the passing of the Bill at this juncture. Members are aware that the rules of business of to withdraw the Meerut Case and th;:n proceed this House provide that no question shall be with the Bill." asked nor any resolution moved in regard to uny matter which is under adjudication by a Court Government expressed themselves as unable to of Law having jurisdiction in any part of His accept either of the two alternative suggestions Majesty's Dominions. The question therefore arises, whether it is possible for this· House to dis- put before them and the President finally gave his cuss the motion that the Public Safety Bill be verdict on 11 th April, 1929 ruling out the motion taken into consideration without referring to any on the ground that it 'involved an abuse of the of the matters which are sub judice in the Meerut forms and procedure of this House.' The next trial. I think there can be no two opinions thut day the Viceroy addressed the two Houses and

59 declared that it was imperative for Government Chamber, and I would be unworthy of tbe confi- to obtain the powers proposed in the Public Safety dence reposed in me by the House if I failed on any occasion to raise my voice in protest Bill without further delay. Accordingly he issued against any action which in my view seemed to an Ordinance giving to the Executive the arbitrary challenge or undermine that supremacy."'" power they needed. In the course of his address the Viceroy said that the interpretation given by Mr. Patel thereupon wrote a letter to the Viceroy the President was not in accordance with the rule. protesting against what he considered to have been President Patel took exception to the observations the criticisms passed on his Ruling in the Viceroy's of the Viceroy. The following observations of the Address. But the Viceroy's Private Secretary President are very illuminating: answered stating that "His Excellency desires me to say that it was no part of his intention either "I desire to make a statement on a question to criticise the Ruling you had given or pass concerning the dignity and independence of this House and the authority the Chair which arose censure upon you for it, and that he fully shares out of the address delivered in this Chamb:r to your anxiety to maintain the dignity of the House the Members of the Central Legislature on the and the authority of the Chair." closing day of the last session by the Governor- General. As Honourable Members are aware, it Another instance of the conflict between the has been my constant endeavour, since I have President and the Government relates to the main- been elected to this Chair, to uphold the dignity tenance of security arrangements within the pre- and independence of this House and the autho- rity of the Chair to the best of my capacity. I cincts of the House. Government at first held have always maintained, and will continue to that it had to be the judge of what measures were maintain, so long as I am in this Chair, that tbe necessary, but President Patel on this issue ordered House and the Chair are, subject to the consti- ·Legislative Assembly debates 2nd September, 1929. tution, supreme within tbe foUr walls of this pp. 109-112.

60 the closing of galleries for a month. After nego- Government of India. The Government in the tiations an agreement was reached that while first instance did not accept the views of the Government had the control of the outer precincts, President in this matter. The President placed the the inner precincts were placed incharge of a matter before the Assembly itself. He declared watch and ward staft' which was responsible to the that "as the President, elected by the Assembly, President. Thereafter he ordered the galleries to I am responsible to the Assembly and to no other be reopened. • authority." (22nd September, 1928). The House adopted a motion for a separate Legislative This is a pointer to the fact that President Patel Assembly Department under the President. Thus laid the foundation of the Speaker's authority over came into being the Central Legislative Assembly the precincts of the House. Department with the President having his control over it. Credit for an independent Legislature Secreta- riat in India goes to President Patel. As soon as In conclusion, it may be said that it is to he was elected President, Mr. Patel took up the Vithalbhai Patel that Parliamentary Institutions in question of the separation of the office of the India owe their special status that they possess Assembly from the Legislative Department of the today.

61 SHRI VITHALBHAI PATEL-THE FIRST ELECTED INDIAN SPEAKER oy

NARAYAN S. FuGRO, Speaker, Goa. Daman and Diu Legislative Assembly.

The celebration of birth centenaI1Y of the first and inspiration. The office of Speaker in England elected Indian Presiding Officer is a significant originated in the year 1377. In India Legislature event in the Legislative history of India, and is a came into existence in 1854, but till 1920 the fitting occasion to pay respect and homage to his Governor General of India presided over the memory and to recollect his contribution for the sittings of the Legislature as the "President". The development of the democratic institutions in Governor General of India was also the executive India. head of the Government and hence could not qualify as real 'Speaker' of the Legislature as he The Presiding Officers of the Legislatures was not devoid of executive authority or non- follow the British model and look to noble stand- partisan character as English Speakers'. After ards set up by Speakers of England for guidance 1917, Montagu and Chelmsford Report on Indian

62 Constitutional Reforms recommended a 'Presiding when the Members were determined to destroy the Officer' of Legislature to be a nominee of Governor Constitutional machinery by tactics and strategy. General for efficient functioning of Legislature. Shri Vitbalbhai Patel on assuming the office Government of India Act, 1919 provided for assured the Members that "in the discharge of my appointment of 'President' of the Legislative duties, I shall assure you, observe strict impartia- Assembly and was appointed by Governor General lity in dealing with all sections of the House of India for the first four years and thereafter the irrespective of Party consideration". President could be elected by the Legislative Assembly and approved by Governor-General. It was Shri Vithalbhai Patel, who was the first Indian Speaker on this elevation to the Chair, to Accordingly, Sir, Frederick Whyte was nomi- severe the ties with his Swaraj Party, following nated the first President, who was in office till 24th English convention and declared that "From this August, 1925 on which date the late moment, I cease to be a party man. I belong to Shri Vithalbhai Patel became the first elected no party. I belong to all parties. I belong to all of President of Central Legislature. The Central you and I hope and trust, my honourable friend Legislative Assembly then had very restricted the Leader of Swaraj Party, will take immediate Legislative and financial powers. The elected steps to absolve me from all obligations of a members who constituted the majority were frus- Swarajist Member of this House, if, indeed, it bas trated for lack of power to control the oppressive not been done by implication in consequence of and irresponsible Executive Government. We can my election to this Chair". imagine how difficult could be the task of the Presiding Officer in such a stormy atmosphere In 1930, Congress at Labore passed a Resolu-

63 tion to boycott the Legislatures. Shri Vithalbhai of an ideal Speakership like impartiality, firmness, Patel explained his position as Speaker in the patience, courtesy, prudence, self-control, urbanity following words "The President is above all and acted as a counsellor, a friend and a guide parties and he would be unworthy of the confid- to members. ence reposed in him if he were to allow his conduct to be influenced by any Party in or outside this To honour such a great pioneer a commemora- House. I venture to think that this principle must tive postage stamp has been released by Shri G. S. and will hold good under any form of Govern- Pathak, Vice-President of India, on 27-9-1973 to ment. .... mark the birth centenary of Shri Vithalbhai Patel. In Lok Sabha, overlooking the Chamber a Absolute independence and impartiality are solitary portrait of Vithalbhai Patel is hung to give the two essential attributes upon which, at once him the pride of place as one who fought fearlessly the influence of the President and the confidence to establish high traditions to assert complete reposed on him, are founded". independence of the Chair. This portrait was unveiled on March 8th, 1948. His life size statue Speaker Patel, following English traditions, has been erected at Chowpathy in Bombay to -stood as an independent candidate for General cherish his memory. Election in the year 1927 and was returned unopposed. Shri Vithalbhai Patel will be always remem- bered for his spirit of impartiality and indepen- Shri Vithalbhai Patel was the first President of dence, with which he presided over Central -central Legislative Assembly from 1925 to 1930. Legislative Assembly from 1925 to 1930 during During his tenure he exhibited excellent qualities British Raj. VITHALBHAI J. PATEL- HIS CONTRIBUTIONS TO THE PARLIAMENTARY LIFE by

H. THANSANGA,

Speaker, Mizoram Legislative Assemb,y.

The first Indian Legislative Assembly was ins- four years. His tenure lasted from 1921 to tituted in 1921 under Government of India Act, August, 1925. 1919. The first President (as the Speaker was known then) of the Central Assembly was Sir When the non-eo-operation movement was Frederick Whyte, a member of the House of suspended, Swarajist Party was formed within the Commons who was nominated by the Govemor- Congress. In 1923, there were General Elections. General of lndia as the President for a term of The Swarajists went into the Central Legislature.

65 They put up Vithalbhai J. Patel as their Candidate tributions to the establishment of healthy parlia- for election to the Office of the President. Since mentary conventions and practices. the Swarajists did not command an absolute majo- rity in the House, it was perhaps with some sur- 1. Independence 0/ the Chair and Assembly prise as well as with jubilation that they found Secretariat.-The Old Central Assembly was not their Candidate elected by 58 votes to 56, defeat- a sovereign body. It could make Standing ing the rival Candidate who enjoyed official sup- Orders relating to the conduct of its business, but port. Thus he was the first elected President of they were subject to the approval of the Govemor- the Central Assemb~. General. They could be superseded by the rules made by the Governor-General with the approval Vithalbhai J. Patel was born on September 27, of the Secretary of State. The Government was 1873 and died on October 22, 1933 in the Oinic not responsible to the people. Vithalbhai J. Patel at Geneva. Before his election to the office of did more than any of his successors before 1946 President, he was a member of the Central Assem- to assert and consolidate the independence of the bly. In 1924, he brought a resolution in the Chair. He was fully conscious of his role as the Central Assembly at Delhi for the removal of first elected non-official President of the Assembly. restrictions in the way of Mr. Homiman's return He was, however, determined to carry out his to India. duties not merely as a Chairman, but also as a custodian of the rights and privileges of the mem- Vithalbhai J. Patel was a pioneer parliamen- bers of the House. He allowed members to table tarian who by his great tenacity and courage made adjournment motions liberally for censuring the the Indian Legislature what it is today. We shall Government for its acts and omissions irrespective now have a brief discussion on some of his con- of the wishes of the Treasury Benches. He did

66 not allow the Government to force legislative mea- in the House: "As President, elected by the As- sures on the Assembly against the wishes of the sembly, I am responsible to the Assembly and to members or to curtail debate in the House on no other authority". It was that declaration which Government Bills and tried to safeguard the rights gives a key to the Speaker's position in the Con- of the members against official encroachments. stitution. In 1928, the House carried a motion i He discouraged the Government members from moved by Pt. Motilal Nehru, for the formation ( transacting the official business on non-official of a separate Legislative Assembly Department \ days. under the President. The Imperial Government ) agreed to create a separate Department legally in I I As soon as he was elected President, V. J. Patel the portfolio of the Governor-General but under took up the question of the separation of the office the de facto control of the President. of the Assembly from the Legislative Department of the Government of India. He convened a V. J. Patel also succeeded in asserting the Speakers' Conference to consider the question of authority of the President over the maintenance a separate secretariate sta1l for Presiding Officers. of order and security in the precincts of the House. The Speakers' Conference unanimously adopted He asserted that there should be proper respect his view and he took up the matter immediately for the Chair. And nothing should be said not in 1926 with the Government. But the progress only in the House itself but also elsewhere which was very slow. When he was re-elected to the in any way detracted from the authority of the Chair in 1927, he took up the question again Speaker or amounted to criticism of his action in with the Government. When the Government did disparaging terms. not accept his views, he submitted his proposals direct to the Legislative Assembly. He announced 2. Impartiality and party neutrality.-President

67 Patel, so long as he was in the Chair, tried to of the elected members who were suspicious and uphold the traditions of impartiality and party sullen under the strain of growing frustration. The neutrality evolved in England in the discharge of Semi-democratic set-up of the Assemb~, the fears his duties. During his term of office, President and doubts of a minority Government, the high Patel kept himself aloof from party interests. In hopes and expectations of the Opposition and the election of 1926 he refused to stand on the the fact that he came from the ranks of the Oppo- Congress ticket. He stood as an independent sition and had an active political past, all these Candidate from his old Constituency and was re- factors together placed him between the two horns elected Persident unanimously. When the Con- of a dilemma. In his statement regarding the gress at Lahore, in 1930, passed a resolution to atmosphere of suspicion and distrust in the House boycott the legislatures, many friends were an- he declared: "I shall always be content to leave xious to know how President Patel proposed to my conduct in the Chair to the Judgment of this act in the matter of implementing that resolution. House and of every fair, impartial and honourable He remarked, "I am quite clear that it would be man outside it". That statement clearly indicates wrong and indeed dangerous for any President to that he refused to lend himself to become an ins- act on the mandate of any political party in or trument in the hands of official or non-official outside the House" .. leaders and always acted with a conviction that his main concern was to discharge his duties as President Patel's task was a difficult task. On guardian of the House. Despite many difficulties one hand, he had to deal with a Government created by the bureaucratic set-up and the dis- which was both irresponsible and irremovable and couraging absence in the country of parliamentary which was supported by a minority of members, atmosphere and spirit, President Patel had scrupu- on the other, he was confronted with the majority lously tried to attain a large measure of impartia-

68 lity. On his selection, he assured the House that Congress Working Committee was declared un- he would be fair to all and said : lawful in 1932, V. J. Patel and forty others were arrested again. He fought for freedom of his "In the discharge of my duties I shall, I assure people from the foreign yoke. In 1933, he attend- you, observe strict impartialit;y in dealing with all ed a huge meeting in London and condemned the sections of the House irrespective of party consi- White Paper. In the Legislative Assembly which deration" . he presided from 1925 to 1930 he stood for the 3. Fighting for Independence of India.-Presi- rights and privileges of the non-official members dent Patel had to resign due to the Civil Dis-obe- who were the representatives of the common men. dience Movement in 1930. He was arrested and put in jail along with Pandit Malaviya and Dr. The people of India today particularly the Ansari. When arrested he said, "I have got my legislators in the Union Parliament as well as in pension and peerage". The resignation of Presi- the State Legislatures OWe very much to late ·dent Patel coincided with the withdrawal also of Vithalbhai J. Patel for his valuable services to most Congressmen from the Assembly. When our Motherland.

69 VITHALBHAI, THE 'JANAK' OF INDIAN POLITICS

by

DR. RAM GOBIND SINGH

Deputy Chairman, Bihar Vidhan Parishad

There is, at times, a moment in the history of was nominated President of the Central Assembly mankind when the sky is studded with constella- at a time when such opportunity smiled very rarely tions all shining with unprecedented brilliance and upon an Indian. sending forth their illumination pervading a nation with vast glory. The late lamented Vithalbhai He was a 'Janak' reincarnated. Even as a Patel was one such constellation of the national president of the. Central Assembly, he was self- firmament. He was a patriot of the highest order lessness personified. He was impartial and judici- being at the same time, a social revolutionary. He ous. With these qualities he enhanced the prestige

70 of his office without any eye to the consequences. some not so prominent, some working for the The position of a Presiding Officer at the time disintegration of the Nation. Amidst these cen- was such that one could succumb to the view to trifugal forces acting upon each other, the office getting temptation of favour with the Viceroy with of the President was by no means one of peace a place either in the Viceroy's Executive Council and tranquillity. Placed in that delicate situation, or of a province. Vithalbhai never exploited his Vithalbhai without caring for the consequences. position or achieving these ends. The day he took conducted the business of the House with an iron office as the President of the Central Assembly, hand, commanding the dignity and decorum due the fragrance of his personality began to be felt to that august body. and the greatness in him also began to unfold it- self. Perhaps no person than Vithalbhai was At that time the Government benches were re- ordained to hold this office of the moment. The presented by the Members of the Viceroy's Exe- throne of a Presiding Officer was never a bed of cutive Council most of whom were Englishmen. roses, In a House surcharged with bitter opposi- Vithalbhai however showed not the least leniency tion and sharp wits, it required a person with a towards them. He would pull up even the Com- very cool head and a stout heart to steer clear the mander-in-Chief of India. It was, as if, an Indian proceedings of the Assembly. The atmosphere in had altogether forgotten that he belonged to a the country was also surcharged with nationalism. communi~ being ruled. This was something not There was a Government altogether alien to the easily swapowed by the ruling race at large. country whom people wanted to throw out beyond the seven seas. Apart from the Indian National The two facets of his personality asserted how- Congress, the body politic of the country was ever. He was an extreme nationalist at heart and also divided into many factions, some prominent, when needs arose never failed to contribute his

71 mite to the national causes. On the other hand This 'Janak' of the Indian politics shall always he stood for rectitude in Parliamentary conduct. be remembered by posterity.

72 SHRI VlTHALBHAI PATEL- A STOIC AND TRUE DEMOCRAT by

C. U. CHODANKAR

Deputy Speaker, Goa, Daman and Diu Legislative Assembly

'It is futile to expect that we can ever bring This extract from Bose-Patel manifesto will about a change of heart in our rulers merely clearly indicate courage and fortitude of the great through our sufferings or by trying to love them ...... Non-co-operation will have to be changed Nationalist, Shri Vithalbhai Patel. Shri Vithalbhai into a more militant one and fight for freedom to had been one of the prominent Nationalists on be waged on ail fronts'. Indian scene from 1920 till his death in 1933.

V. J. Patel Subhash Chandra Bose Shri Vithalbhai Patel was an advocate by pro- Vienna fession. He had been with Congress for a long 9-5-1933 periOd. He had been General Secretary of the

73 All India Congress Committee. He visited Eng- a mandate, politely expressed as a request, the .land in 1919 as a Member of deputation. Speakcr, if a pq man,could not be expected to ignore it. Any compliance with the party On adopting the plan of Deshbandhu Shri C. R. directive, even though reluctantly made by a Das to enter Legislature, he stood as a candidate Speaker with a party label, will be damaging to .and was duly elected and also elected as a Presi- the democratic institution of the office of the dent of the Central Legislative Assembly in 1925. Speaker. By severing his connections he could He was the first elected presiding officer of the be absolutely independent and impartial. As a ·Central Legislative Assembly. He performed his President, he guarded and maintained his reputa- .functions with remarkable ability and success. He tion for impartiality at all costs. always acted within the limits of the constitution and with such fairness that the Treasury Benches With a strategic position as an intermediary dreaded his independent and impartial rulings. between the Viceroy and the peoples' representa- Without any parliamentary precedents to back tives, he pursuaded the Viceroy that he should .him, he always upheld the rights and privileges of personally meet Mahatma Gandhi and Shri Motilal thc Members and gave the opposition a status Nehru and attempted to bring about an under- which they would be entitled in a free country en- standing between them. The meeting ultimately joying a democratic pattern. took place.

Following English conventions, on taking the Following the procedure in the British House 'Chair, he severed his connections with the Swaraj' of Commons, he stood as an independent can- Party and became a non-party Speaker, as he felt didate and was re-elected un-opposed in 1927 to .that if the party, on any critical occasion, issued Central Legislative Assembly. On his being re- turned un-opposed Sir Alexander Muddiman said jealously upheld the prestige of the House that 'You are entitled to a legitimate feeling of pride he won the respect of Viceroy Lord Irwin. that you have been returned un-opposed by your constituency at a general election which I have He exhibited a great sense of independence reason to believe was conducted with some acri- and impartiality while tackling the situation creat- mony'. In reply Speaker Patel said "I thought ed by the Lahore Congress Resolution of 1930 to that as I had made up my mind to serve the As- boycott the Legislative Assembly. Many a time sembly again as its President if I was elected, the he had to face difficult tasks as an impartial presi- safer course for me was to stand as an indepen- ding Officer in the stormy conditions created by dent candidate in order to guard against future the parties which were fighting for India's freedom, misunderstandings" . a cause to which he himself was devoted.

In 1929, when the bomb was thrown in the As- . Pandit Madan Mohan Malaviya was leading sembly premises the British Government wanted the Independent Party which was an opposition to take control of the guards of Assembly pre- party in the AssembLy. As a protest against the mises. President Patel, had a tough fight with principle of Imperial Preference in connection the British Government to thwart their attempt to with Cotton Tariff Bill, Pandit Malaviya resigned interfere. He also separated Assembly Secretariat from the Assembly with his followers. Shri from Government control and brought it under Vithalbhai Patel resigned from the Presidentship his control as President of the Centr!ll Legislative in 1930 for two reasons firstly that resignation AssembLy. Shri Patel was an expert in parlia- of the Congress party and Independent party the mentary procedure. He fought for the strict ad- Assembly had lost its representative character and, herence to the constitutional procedures, and so secondly, because he was opposed to British { -Government's reaction to certain constitutional mortal remains were brought to Bombay where -questions. they were cremated. The property which he left behind was utilised for the national work accord- Shri Patel was responsible for founding Indo- ing to his wish. Shri Vithalbhai Patel's life was Irish League in Dublin. He was a man with zeal so unblemished and he set such high standards in .and a mission. On his return from United States, public life that it will serve as a model for others .after three months' propaganda about granting to follow . freedom to India, he visited Geneva to explore the The publication of commemorative volume to possibility of utilising the League of Nations for c~lebrate the birth centenary of Shri Vithalbhai :advancing the cause of India's freedom. He was Patel, which fell on 27th September, 1973, by taken ill during his visit to Geneva and died in Lok Sabha Secretariat, will cherish the memory of :a Swiss Sanitorium near Geneva on 22nd October, a true democrat and a parliamentarian of high 1933 of heart attack. He was sixty then. His calibre. VITHALBHAI PATEL- A DISTINGUISHED PARLIAMENTARIAN by

LATE SHRI DAHYABHAI PATEL

Some persons are born great, some achieve He along with his younger brother the late Sardar- greatness and greatness is thrust on some. Vallabhbhai Patel, then moved to Borsad and Vithalbhai Patel who was born at Nadiad in 1873 started legal pracUce. and rose to Himalayan heights on the Indian national scene belonged to the second category. During the seven years of legal practice at Borsad, Vithalbhai conducted several civil and His early education began at a village school criminal cases. One of the important cases in· at Karamsad when he was only five. While at which he appeared was known as the Shukla Case. school, when he was only nine, he had to get Mr. Shukla, the then subjudge of Borsad was married only to please his parents. After passing alleged to be corrupt and several complaints were- the school final examination in 1891 he passed made against him. Vithalbhai moved the High the District Pleaders' examination four years later. Court to hold a public enquiry into the doings of

17 this notorious officer who was later found guil~y together on one platform. With the active help of and was forced to retire. Dr. R. P. Paranjpye and Mr. B. S. Kamat, both nominated non-officials he founded an Association After a successful career at the bar for nearly of non-official members of the Bombay Legislative eight years, Vithalbhai decided to go to England Council. Sir Dinshaw Petit joined him and became to become a Barrister. During his three years' stay a joint honorary Secretany along with Vithalbhai. in that country, he came into contact with By thus bringing together all non-official forces, Dadabhai Nauroji and learnt from him the com- Vithalbhai succeeded to a great extent in influenc- plex Indian problems and the need for an all- ing the decisions of government in several matters round agitation-through the Press, platform and affecting public interests. legislature-to awaken British conscience for the In March 1915, he moved a resolution in the grant of freedom for his motherland. So, he Council for the fixation of the salary of the Official decided to enter the Bombay Legislative Council Assignee who by way of commission earned an through the constituency of District Local Board income of Rs. 10,000 a month. He urged that the defeating a powerful rival, by a liberal margin. Officer should be paid a fixed salary. Lord Willingdon, the Governor of Bombay, who was The Morley-Minto reforms gave Vithalbhai an in the Chair, fully appreciated the view point of opportunity of entering the Legislative Council in Vithalbhai and promised to consider the desir- 1912. In a House of 48 members including offi- ability of putting that dignitary on a pay-scale cials and ex-officio members, 21 were elected and commensurate with his duties and responsibilitios. 14 non-officials had been nominated. This was an opportunity for him to bring together all the non- His great achievement was the passage of the official members, both elected and nominated Primary Education Bill which was an enabling

78 measure permitting municipalities to introduce uproar from the orthodox mem~rs of the Council free and compulsory primary education in their led by Pandit Madan Mohan Malaviya, while respective areas. It was based more or less on Sapru, Sastri and Kbapade warmly supported this Gokhale's bill which he had introduced in the measure. The Home Member, William Vincent Imperial Legislative Council. As a member of on behalf of the Government said that they were the Bandra Municipalitly, Vithalbhai was respon- prepared to accept the motion for leave to intro- sible for introducing compulsory primary educa- duce the bill and circulate it for eliciting public tion in that suburb. Lord Willingdon in his capa- opinion. Owing to dissolution of the Council, the city as President paid Mr. Vithalbhai a glowing bill lapsed. tribute for his painstaking efforts in piloting such a useful measure. Early in 1919, two bills viz. The Criminal Law (Emergency Powers) and (2) Indian Criminal The members of the Bombay Legislative Law (Amendment) Bill popularly known as Council showed their appreciation of the valuable "Black Bills" based on the recommendations of services rendered by Vithalbhai by electing him the Indian Sedition Committee presided over by unanimously to the Imperial Legislative Council Lord Rowlatt, were introduced by government in in the vacancy caused by the resignation of the Imperial Council. Earlier, the Bombay Special Ibrahim Rahimtoola. Congress of which Vithalbhai was the moving spirit and Chairman of the Reception Committee, In the Imperial Council, Vithalbhai introduced had condemned the recommendations of this a bill to make valid by law marriages between Committee (Rowlatt Committee) as they inter- Hindus of different castes. This was on the lines fered with the "Fundamental Rights" of the Indian of Mr. Basu's bill which had lapsed. There was an people and came in the way of the healthy growth

79 of public opinion. agitation put up by Gandhi and other progressive political organisations, had its effect and the Act In order to fight this new legislation, Gandhiji remained a dead letter. threatened to start Satyagraha if it was proceeded with. Vithalbhai decided to fight the same from In August 1917, the new SecretaIly of State for inside the legislative chamber with all his might. India, Mr. Edwin Montagu made an important First, he would move for the postponement of the announcement in Parliament in which he declared very introduction of the bills for six months. He that the goal of British policy in India was the told the House that revolutionary crime was really progressive realisation of responsible Government. the outcome of political and administrative stagna- To that end, he hoped to visit India and make the tion. In his opinion, the remedy did not lie in necessary recommendations to the British Govern- repressive measures which in turn brought ment. The report when published was strongly revolutionary crime into existence. criticised by all parties except the moderates. The Special Congress (1918) at which Vithalbhai When Government persisted in proceeding with played a prominent role expressed its opinion that the bills, he moved over 250 amendments to the recommendations made in the Montagu- several clauses of the bill with the result that it Chelmsford Report were unsatisfactory and dis- took several days to get the legislation passed appointing. by the official majority. Even night sittings had to be resorted to in order to expedite the passing Early in 1919, Mr. Montagu introduced in the of this unwanted measure. House of Commons his India Bill and after its second reading, a Select Committee with Lord Sel- But unfortunately for government, the sustained bourne as Chairman was appointed to examine

80 the provisions and to hear evidence. Several on the road 'to responsible government. He and Indian political parties went to England to do Madhav Rao were closely examined by the Sel- propaganda work in connection with this bill. The bourne Committee and they were very much im- Congress Party was represented by Vithalbhai, pressed by Vithalbhai's knowledge of constitu- Madhav Rao and later they were joined by Tilak:, tional questions. Whenever Vithalbhai was free, Kbapade, Hasan Immam and Bipin Olandra Pal. he addressed along with his colleagues TJ1ak and Vithalbhai acted as Secretary. Pal, several meetings both in London and in the suburbs. An effort was made to reconcile the differences between the moderates and nationalist opinion on Ths British Committee of !he Congress, the bill but it failed. The British Committee of although it did not cooperate with the Congress the Congress also did not cooperate with the Con- delegation, recorded its appreciation of the valu- gress delegation and Vithalbhai had to plough a able services rendered by the delegation and es- lonely furrow along with his colleagues. pecially by Mr. Patel "to whose industry, tact and good judgment much of the success is due". In order to create favourable opinion among the British public on India, Vithalbhai in a rea- In 1921, Vithalbhai resigned from the Indian soned memorandum to the Committee urged the Assembly to join the Satyagraha movement start- necessity for the repeal of all repressive laws in- ed by Gandhiji and Vallabhbhai at Bardoli. cluding the Rowlatt Acts and inclusion in the Though he had not much of faith in this no-tax proposed Bill a Declaration of Rights in order movement, he plunged into it for the sake of his that the reforms mlllY be acceptable to the people leader Gandhiji. He believed that undermining of India as a sincere attempt to place the country and overthrowin2 British Imperialism was a

81 material problem and no amount of non-violent. A year later, he was elected President of the non-cooperation would serve this purpose. Corporation. He took great interest in the found- ing of the O.S. Medical College and the K.E.M. In 1922, he desired to enter the Bombay Muni- Hospital. One of the most important acts of his cipal Corporation but there was a hitch. He was presidential regime was the civic address to not a voter because he had not been pHindi and gave special encourage- the impartiality of his decisions. This was a ment to the education of the scheduled castes. great tribute paid to any President by a prominent Swadeshi was introduced in all departments of member of the Indian Civil Service. the Corporation. At his instance, the Corpora- tion passed a resolution banning the use of articles Vithalbhai entered the Indian Legislative manufactured in any part of the British Empire, Assembly in January 1924 on Swarajya Party by any department of Corporation, except when ticket and was elected Deputy Leader of the Party. they were not available in any other part of the During the first year, two important bills to further world. amend the Indian Penal Code and Code of Crimi-

82 nal Procedure were introduced by him. By the The Assembly was dissolved in the following first one, he wanted that the punishment for sedi- year and Vithalbhai got himself relected to that tion should not be transportation or rigorous im- august body, this time he was unanimously re- prisonment but simple imprisonment while by the elected as President. Later in the year, he paid a .other, he wanted to do awatY with some of the visit to England on a study tour of Parliamentary racial discriminations provided in the original Act. affairs. He paid a courtesy call on Lord Birken- He, however, did not succeed in getting them head who was then Secretary of State for India passed by the Assembly. but that dignitary was absent and did not care to reply although Vithalbhai left his card before In August 1925 when the Assembly was called leaving the India Council. Vithalbhai complained upon to have an elected President in pursuance of about this incident to the King on whom he call- the Provisions of the Government of India Act, ed a few days after. 1915 Vithalbhai was elected President. The first thing he did was to do away with racial discrimi- The introduction of the Reserve Bank Bill met nation in the matter of toilet facilities. There were with many reverses. Government wanted to bar separate toilet rooms for Europeans and Indians members of the legislature from being appointed in the Assembly Chamber and he ruled that these on the Board of the Reserve Bank but this pro- distinctions should go. Secondly, he wanted posal was lost by a large majority. According to every member including those on the Treasury Vithalbhai, the methods adopted by government Benches to bow to the Chair whenever he entered in dealing with this Bill vitiated the proprieties or left the Chamber. This rule was very much of the House as to constitute it as an abuse of its resented by the European members of the form and procedure. Further, it provided a Assembly. shareholders' Bank as against the decision of the

83 Assembly in favour of a State Bank. Government in the conspiracy case that was being heard before felt Vithalbhai had made their position weak and a Special Tribunal presided over by Mr. Justice withdrew the bill. Yorke at Meerut. Vithalbhai asked the govern- ment that in view of the conspiracy cases in which A little later, Government introduced a Public 31 persons had been brought to trial government's Safe1l.v Bill which was a measure to sabotage the arguments in support of the proposed bill would growth of Indian Nationalism in the country and prejudice the trial. He therefore suggested that the for suppression of the legitimate activities for the bill should be postponed till the trial was over. political and economic advancement of the masses. But government was adamant. It received the strongest opposition and even the nominated Indian members opposed !be measure. Vithalbhai desired members to express their After a heated debate, the report of the Select views whether it was possible to have a real and Committee of the bill was put to the vote but reasonable debate on the motion before the House there was a tie and Vithalbhai in following the in view of the pending prosecutions at Meerut. strict parliamentary tradition, gave his casting vote Further, the President asked the members to for status quo. This action naturally enraged the express their opinion on the powers of the Chair Treasury Benches. Three months later, govern- to intervene at that stage. These two points were ment introduced a second Public Safety Bill with argued at great length while government benches the object of putting down certain types of political disputed the interpretation of the rules and stand- propaganda which government considered ing orders by the Chair. ThfIY did not accept the objectionable. The speech with which the Home advice offered by him. Vithalbhai felt that no real Member Crerar had initiated it contained almost or reasonable debate on the bill was possible. The verbatim the charge sheet against the communists only course left to him was to give his ruling which

84 was his inherent right to do. over which he was presiding with grace and dignity. As the Assembly was to be shortly pro- In this surcharged atmosphere, two bombs were rogued and he was proceeding to England on a dropped from the Visitors' gallery causing injury poli~ical mission, the only course left for him was to some members. After the confusion subsided, to protest against the Viceregal pronouncement. Vithalbhai read out his ruling. He said that the No further move was however made to re- Chair had inherent powers to rule out any motion introduce this obnoxious bill. on the ground that it involved an abuse of the forms and procedure of the House and as suc~, Vithalbhai's personal relations with Lord Irwin. he had no option but to rule it out of order. The however, remained as cordial as before. Both of Treasury benches were stunned at this ruling. them met often and exchanged views on a variety of topics of general interest. Government lost no time in advising the Viceroy to take immediate steps to restrict the powers and authority of the President. The Viceroy came to During the latter part of 1927, the British the Assembly Chamber and declared that he would government appointed an all-white Commission avail himself of the authority conferred upon him under the Chairmanship of Sir John Simon. The under Section 72 of the Govt. of India Act by whole country decided to boycott the Commission issuing an Ordinance giving his government the which arrived in India in 1928. The day of their necessary powers to re-introduce the new defunct arrival in Bombay was observed as a "Black Day" Public Safety Bill. and demonstrations were held all over the coun- try. Vithalbhai did not take any notice of the Vithalbhai greatly resented this move to publicly Commission although several attempts were made censure him in the very precincts of the House hy the oBicials and others to persuade him to invite

85. 'Simon to the Assembly Chamber. Vithalbhai he fell down with the table falling on him. Was would not oblige unless Simon paid a courtesy call this purely an accident is a mystery not yet solved? ~n him at his house before an invitation could be He left for Europe where he died in 1933. extended. This Simon did later. Thus ended the magnificent political career of The Lahore session of the Congress under the a man of iron will. Vithalbhai had a mind sharp presidency of J awaharlal Nehru defined the politi- as a razor's edge and a keen intellect capable to cal goal of India to be "Complete Independence". solving difficult and intricate legal problems and Vithalbhai desired to be with the people rather disentangling the most complicated facts. than with the legislature of which he was the -distinguished Head. He, therefore, tendered his He had a subtle humour and readiness of wit resignation which was accepted by Lord Irwin which made his repartees often delightful and with great regret. produced phrases and fancies of characteristic dantiness. He touched nothing that he did not He then plunged himself into the National adorn. His geniality was infectious. Movement and courted arrest but was released earlier on account of serious illness. He was taken Above all, Vithalbhai was humanist and believed to the jail hospital for examination and while he in the spirit of humanism transcending all barriers was under examination the table over-turned and of caste, creed or colour.

86 V. J. PATEL-AS PRESIDENT by

D. N. MITHAL Former Secretary, U.P. Vidhan Sabha

Sir Erskine May has said that the 'Speaker of House that it gives an impression of his the House of Commons is so essential a piece of impartiality . machinellY that without him the House has no President Patel had all the above qualities in constitutional existence! In fact the Speaker is a abundance. Soon after his election as the Presi- dent of the then Central Assembly he declared pivot of whole parliamentary fabric. The office of in the House 'I belong to no Party, I belong to the Speaker is unique in character. Integrity, all Parties.' During his whole tenure as President judgment, common sense, patience, conduct, self of the Central Assembly he conducted himself in confidence, presence of mind, firmness and temper the House as a fearless President. Not only this, with kindliness, in addition to his impartiality, are he laid down and upheld the traditions associated the characteristics of the holder of the office of the with the office of the Speaker and maintained high Speaker. No Speaker can discharge his duties standard of character. Whether it was indepen- effectively and win the confidence of all sections dence of the Legislature Secretariat or the dignity of the House unless he so conducts himself in the and the status of the Speaker or the privileges and

87 honour of the House or the relationship of Such a task is well worth our earnest efforts and Presiding Officers with the Head of the State and I trust that we shall succeed in reconciling the Executive, he showed his mettle and stood to the desire for freedom and action which we felt and test. While addressing the Conference of the which our fellow members feel, with that sense Presiding Officers over whieh he presided in 1926, of responsibility which should characterise all he said 'It shall be our constant endeavour to meet activities of a country's Legislature.' the wants and desires of the members as much as possible, while not in the least measure lowering President Patel had his way and did all that he the high standard of strictness and impartiality desired during his tenureship as President. Besides, which we have learnt to associate with the office President Patel has also decided and acted upon -of the Speaker. In that endeavour we shall h-ave to establish the tradition that the Speakers should to explore the possibilities of construing the retire from active party politics and resign from existing statutes, rules and orders in as generous their parties as soon as they are elected to the a manner as is consistent with their object and office. Soon after the constitution of the new language without doing violence to the well- Assemblies under the Government of India Act, established traditions of Parliamentary life. But 1935, this tradition established by him was reite- we must remember that we have to create sound rated by the Presiding Officers Conference in traditions of our own, and in doing so we should 1938. The general view of the Conference was always be willing to follow the House of Commons that the English Speaker owed his position and whenever possible and desirable, taking care at authority to his complete severance from politics the same time not to slavishly imitate British and the practice of the British House of Commons ParliamentaI!Y traditions whenever they do not and that should be the model of the Speakers and conform to Indian needs and Indian conditions. the Presidents of the Legislatures in this country.

88 It is regrettable that this tradition is not generally we have not been able to establish free, indepen- being fonowed even after Independence, and has dent separate Secretariat in the States. remained a pious hope so far. The democracy in India is passing through a Even in the matter of independent separate dangerous and precarious conditions and if we do Secretariat, in spite of the fact that President Patel not lay down and follow healthy parliamentary had been successful in having such an independent traditions and conventions so ably and fearlessly Secretariat at the Centre and in spite of the fact laid down by p!esident Patel, there is a danger that provision for it was made in the Constitution, of parliamentary system crumbling. VITHALBHAI PATEL- AN ILLUSTRIOUS SON OF OUR MOTHERLAND hy

B. N. BANERJEE .secretary-General, Rajya Sobha

On the 8th April, 1929, as the President of the When the House assembled on the 11 th April, he Central Legislativ~ Assembly, Shri Vithalbhai gave his ruling which proved to be, so to say, a Patel rose to give his historic ruling on the Public more powerful bomb-a constitutional bomb-so Safety Bill (the Second Bill), a dramatic incident far as the Treasury Benches were concerned. He took place and prevented him from giving his held by his ruling that the motion for consideration ruling on that day. Hardly had the President of the Public Safety Bill which was then before opened his lips, when two bombs thrown from the the House was out of order. Visitors' Gallery exploded among the Official Benches with a defeating sound and created a A great controversy had been raging in the situation of utter confusion in the Assembly. country over this Bill whereby the Government Because of this unprecedented happening, intended to arm itself with powers which would Shri Patei adjourned the House till the 11th April. have enabled them to suppress any progressive

~o movement in the country. A point of order had "I am of the opinion that although the power been raised in the Assembly that no real debate ~o rule this motion out of order is not expressed on that Bill could take place without referring to m so many words in any of the Rules and matters which were sub judice in a case filed Standing Orders, it does arise by necessary against 31 persons in the Magistrate's court at implication and analogy, and I am further satis- Meerut, which came to be known as the Meerut fied that, in any case, the Chair has the inherent Conspiracy Case. The Government side took the power to rule out a motion on the ground that position that although some of the matters it involves an abuse of the forms and procedure contained in the Bill raised issues which were of this House, as this motion, I hold, does. I, therefore, rule it out of order." pending before the Court for adjudication, a useful debate could still be held on the Bill. The It may be pointed out that three months earlier Home Member also argued that the Chair had no the Government had introduced the first Publi~ power to rule the motion for consideration of the Safety Bill which also was of a very controversial Bill out of order. Shri Patel, who was of the nature and, if enacted, would have enabled the view that no real debate could be held on the Bill Government to suppress certain progressive move- without discussing matters which were pending ments in the country. After a heated debate on before the Court for adjudication, had advised the the motion for consideration of the Bill, the House Government either to postpone consideration of divided on the motion and the result of the division the Bill or to withdraw the Meerut case. The was 61 to 61. In other words, there was a tie Government would agree to do neither. Shri Patel on the motion Shri Vithalbhai Patel announced had therefore, to give his ruling on the motion for the result of the voting as follows : consideration of the Bill which became a historic one. In his ruling, he held : "Here is an equality of votes; 61 against 61.

91 My own opinion is that, if any party or any the cause of his enslaved motherland. As a individual Member seeks to put such an extra- Member of the Central Legislative Assembly, he ordinary measure on the Statute Book, he must had distinguished himself by his powerful advocacy persuade the House and get a majority in his of the country's cause, his sharp-edged criticism favour. The hon. Home Member has failed to of the Government's policies and his deep know- secure a clear majorit\)' in his favour and cannot ledge of constitutional law. When it was announced expect the Chair to give its casting vote in that he would be a candidate for election to the favour of the motion. I, therefore, give my office of the President of the Legislative Assembly casting vote for ''Noes'' and declare Ayes 61, -the first election of a Presiding Officer in the Noes 62." history of the Central Legislative body in the countI1y-the official bloc in the Assembly natu- These rulings rellect not only clarity of thinking rally felt alarmed. They sponsored another but great strength of character, qualities which had candidate to contest the election. Shri Vithalbhai enabled Shri Vithalbhai Patel to make his mark Patel won the election by 58 votes to 56. This in the public affairs of his time. clearly re1lects that the official bloc and their 'yesmen' had made a determined effort to prevent Born in a poor agriculturist family, his election to that august office and this fact itself Shri Vithalbhai Patel rose to the high positions constitutes an indirect tribute to the patriotism which he held during his. public career, which was and idealism of Shri Patel. Referring to his elec- devoted to the cause of the people, by dint of tion to this high office, his biographer rightly his intelligence, idealism and patriotic fervour. remarks: "Vithalbhai occupied the Presidential He combined rare intellectual gifts with a burning Gaddi, not because of his birth or wealth or social patroitism and was prepared for any sacrifice for position but because of his intrinsic merit and

92 devoted public service. A ploughboy-a farmer resignation from that august office was his deep and a commoner-now sat on the exalted chair sense of patriotism and his feeling that in the crisis which had, for years together, been the close pre- through which the country was at that time pass- serve of the Peers of England-the Viceroys of ing, he could serve the best interests, of the people India." by freeing himself from the obligations imposed upon him by his office. The following quotation from his letter of resignation, dated April 25, As the President of the Assembly, he became 1930, addressed to the Viceroy clearly indicates actually a thorn in the sides of the Government. the kind of patriot Shri Patel was and the spirit Considering the limitations with which the office of sacrifice which characterised his activities during of the President was hedged in at that time, his public career : Shri Vithalbhai Patel's work and achievement as the holder of that august office were simply remarkable. This achievement was made possible "The movement of non-violent, Non-coope- by his deep knowledge of constitutional law, his ration and the Qvil Disobedience initiated by clarity of thinking, the power of his personalitlY the Indian National Congress under the leader- and unflinching devotion to the larger interests of ship of Mahatma Gandhi, the greatest man of both the Assembly and the people. One of the modem times, is in full swing. Hundreds of main causes of his resignation from that high prominent countrymen of mine have already office was the campaign of vilification which the found their place in His Majesty's Jails; Government representatives in the Assembly and thousands are prepared to lay down their lives the Anglo-Indian Press under their control had if necessaI1Y, and hundreds of thousands are carried on for years against him. But tlie most ready to court imprisonment in the prosecution important factor that impelled him to submit his of that great movement. At such a juncture

93 in the history of the struggle for freedom of my well as the presiding officers of the various Legis- country, my proper place is with my country- latures in the country, can pay their tributes to the men with whom I have decided to stand memoIIY of Shri Vithalbhai Patel on this occasion shoulder to shoulder and not in the Chair of will be to study his activities as a legislator and, Assembly." in particular, the way he functioned as the Presi- dent of the Central Legislative Assembly. It can The country is celebrating this year the birth be stated without hesitation that they will find centenary of this illustrious son of our motherland. such a study not only instructive but also highly One of the best ways in which the Legislators, as inspiring. PRESIDENT PATEL'S CONTRIBU- TION TO THE INDEPENDENCE OF THE LEGISLATURE by

S. L. SHAKDHER Secretary-General, £Ok Sabha

Until the year 1853, it was the Executive Indian Councils Act, 1861 Government which was clothed with all the legis- Eight years later, under the Indian Councils Act lative authority. It was only under the Charter of 1861, the Governor-General's Legislative Act of 1853 that a 'Legislature' came into being Council was reinforced by additional Members, for the first time in India. The Act provided for not less than six, not more than twelve in number, the establishment of a twelve-Member LegisJaU\7e nominated by the Governor-General for two years. Council which included the Governor-General, Of these not less than half were to be non-officials. four members of his Executive Council and among This legislative machinery, however, reached others the Chief Justice and another judge of the nowhere near the people's aspiration for a more Supreme Court. representative legislative body.

95 Indian Councils Act, 1892 advance towards more representative and respon- sible government. The Indian Councils Act of With a view to satisfying the growin~ demand 1909, embodying the Morley-Minto Scheme, of the people for more purposeful representation reconstructed and enlarged the Indian Legislative in the legislative process, the Indian Councils Act Council so as to include a greater variety of of 1892 was enacted. The Act provided for the Indian opinion and interests than had been con- use of the method of election in filling up some templated in 1892. As the distribution of seats of the non-official seats on the Indian Legislative on the Indian Legislative Council was such as to Council. In accordance with the provisions made secure an official majority, the control exercised in this Act, five 'additional' Members were brought by the Executive over the Legislature was in effect into the Indian Legislative Council--one being preserved. recommended by the non-official Members of each of the four Provincial Councils and one by the Calcutta Chamber of Commerce. This, how- Government of India Act, 1919 ever, involved no real process of popular election. Further, it gave the Legislative Council no substan- Another stage in the process of democratisation tially enlarged functions save the right of asking of the legislature was reached under the Govern- questions and that of discussing certain financial ment of India Act of 1919, which stipulated that matters. tht? Indian Legislature was to consist of the Governor-General and two Chambers, viz., the Indian Councils Act, 1909 Council of State and the Legislative Assembly. In each_ of these Chambers, the majorifly These measures did not satisfy Indian public of the Members were to be elected. The opinion which continued to press for further Council of State was presided over by

96 a 'President' appointed by the Governor-General. secured 58 votes against his opponent who got The Legislative Assembly, too, was to have a 56 votes. 'President', the first one to be appointed by the As the first elected non-official President of the Governor-General for a period of four years and Legislative Assembly, Vithalbhai Patel was fully the subsequent incumbents to be elected from conscious of his responsibilities and obligations. amongst the Members of the Assembly and The Assembly constituted under the Government approved by the Governor-General. In accord- of India Act of 1919 did not possess the powers ance with these provisions, Sir Frederick Whyte, enjoyed by the legislatures of independent coun- a Member of the House of Commons, was nomi- tries. President Patel wanted the Assembly to nated to be the first President of the Legislative function with maximum independence and was Assembly over which he presided till August 1925. determined to discharge his duties not as a mere Presiding Officer, but also as the custodian of the Election of the First Indian Speaker rights and privileges of the Members individually \ and of the House collectively.

At the end of the term of office of Sir Frederick President Patel interpreted the rules and orders Whyte in 1925, the Legislative Assembly was of the Assembly liberally in order to safeguard the called upon to elect its -first non-official President rights of the non-official Members of the House, (Speaker) in August 1925. The Swarajist Party thereby upholding the dignity of the legislature. put up Vithalbhai Patel as their candidate, while To cite an instance, on 24th September, 1928, the official group put up Diwan Bahadur T. when the Government moved for consideration of Rangachariar as his rival. In the election held on the first Public Safety Bill, as reported by the August 22, 1925, Shri Patel was elected, having Select Committee, against the wishes of the

97 Nationalists, the House divided. The result of the light on his great contribution to the independence voting was a tie-61 against 61. Vithalbhai of the Legislature are briefly mentioned below. Patel announced the result as follows : Conflict on Public Sa/ety Bill "There is an equality of votes: 61 against 61. My own opinion is that, if any party or any President Patel's first major conflict with the individual Member seeks to put such an extra- Government-which ultimately resulted in the ordinary measure on the Statute-book, he must vindication of the independence and dignity of the persuade the House and get a majority in his House and the authority of the Chair-was over favour. The Hon'ble the Home Member has the Public Safety Bill. In M"arch 1929, when a failed to secure a clear majority in his favour motion seeking to take into consideration ,the and cannot expect the Chair to give its casting Report of the Select Committee on the Second vote in favour of the motion. I therefore give Public Safety Bill was moved in the Central Legis- my casting vote for the "Noes" and declare lative Assembly, President Patel took the view that Ayes 61-Noes 62".1 the subject of the Bill was identical with what was known as the Meerut Conspiracy Case and it was not possible to discuss the provisions of the In his anxiety to uphold and enlarge the autho- Bill without referring to the proceedings in the rity and dignity of the Chair and secure the said case which was then sub judice. He ultimately independence of the House, President Patel came ruled the motion out of order and decided not to in constant conflict with the Government. Some place it before the House. The Government felt of his mor~ prominent achievements that throw so strongly on his ruling that the Viceroy came to 1 L. A. Deb., 24-2-1928, p. 13-84. address the House the veIIY next day. The Viceroy

98 said that the ruling given by the President of the Control over the Precincts of the House Assembly was not in accordance with the original On 8th April, 1929, while the Central Legisla- intention of the Rules of the Assembly. President tive Assembly was in session and the President was Patel took strong exception to the Viceroy's about to give his ruling on certain issues pertain- observation. In a letter addressed to the Viceroy, ing to the second Public Safetly Bill which had he said it was quite out of order for the Head of been agitating the public mind for some time, two the State to go to the Assembly and criticise the bombs were thrown from the Visitors' Gallery into President's ruling. the Assembly Chamber. The bomb incident brought to the fore the question of the authority The Government thereupon deprived the Presi- and control of the Chair-and thus of the dent of the Assembly of the power to give such a legislature--over the precincts of the Assembly. ruling in future by enacting a new Rule that the The Government of India and the Chief Commis- President of the Assembly could not, except by sioner of Delhi maintained that they were the sale virtue of his express powers, prevent in future judges of the adequacy of the protective measures the progress of the legislation. in the House. President Patel, on the other hand, asserted that the authority and control over the precincts of the Assembly should vest in the Chair The amendment in the Rules was followed by and ordered on 20th January, 1930 that the strong protest in the House. The Government had Galleries be closed till such time as a settlement at last to agree that there should be a convention in the matter was arrived at. After negotiations, that, except in certain exceptional cases, the legis- an agreement was reached a month later which lature should be consulted before any important laid the foundation of the present Watch and Ward change was made in the Rules of the Assembly. Staff for Parliament House. The present position

99 is that all security arrangements in the precincts of its own, independent of the control of the of the House are under the control of the Speaker Executive. This independence of the Secretariat who exercises his authority through the officers is essential if Parliamentary democracy is to func- directly appointed by him. tion in the best interests of the people, since it is in the legislature that Members question and dis- Setting up 0/ Separate Assembly Department cuss Government policies and it is the Presiding Officer who, with the assistance of the Secretariat, The legislature.of a countIly does not participate decides whether a question or a discussion should in the execution of the policies approved by it, or be admitted or not. If the decisions of the Presid- in the administration thereof. Yet, as a represen- ing Officer were to be influenced by the Executive tative body of the people, it is the trustee of their Government, then the very basis of parliamentary sovereignty. It has to watch their interests and do democracy would be destroyed. all that may be necessary to ensure that the Execu- tive Government acts within and according to the authority given to it by the legislature. As stated earlier, with the introduction of the Montagu-Chelmsford Reforms in 1921, the Cen- If Members of the country's legislature have to tral Legislature became bicameral and consisted exercise their rights and discharge their responsi- of the Legislative Assembly and the Council of bilities without fear or favour, they must have State. The administrative and clerical work of the liberty of criticising all aspects of administra- both the Houses of the Indian Legislature was tion thus bringing the policies of the Government carried on by the Legislative Department of the to the limelight of public scrutiny. The legisla- Government of India. The Secretary to the ture can discharge this function effectively and in Government of India in the Legislative Depart· a competent manner, only if it has a Secretariat ment was Secretary of both the Houses; Joint

100 and Deputy Secretaries in the Legislative Depart- Members of the House felt that the independence ment were Assistants to the Secretary of the of the elected President was prejudicially affected Assembly and of the Council of State and the because the Secretary of the Assembly was the aerIes at the Table for both the Houses and sup- Secretary of the Legislative Department under the plied from among their numbers; and the whole Government of India. Many questions were also of the Secretarial establishment was provided from asked in the Assembly by Members stressing the the ministerial staff of the Legislative Department. need for having a separate office for the Assembly Department. a The Legislative Assembly was conscious of the need for an independent status for its Secretariat Soon after he assumed charge of his office, and so when it met in 1921, a demand for a President Patel convened the Presiding Officers' separate self-contained office for the President to Conference in January, 1926, which passed a help him in the discharge of his d~-to-day duties resolution advocating the creation of a separate was made.2 The Government of the day from the office for the Legislature, independent of and un- very inception agreed in principle that the demand connected with the Executive. The matter was was justified and was in accordance with parlia- immediately referred to the Government for mentary practice, but the official reply given was consideration and action. As the Government that it was not in the interest of economy that a did not take any action in the matter for more separate Department should immediately be set than a year, Vithalbhai Patel, on his re-election up. as President, presented to the Government a scheme on August 17, 1927, embodying concrete However, in August 1925 when Vithalbhai Patel proposals for setting up a separate Department for was elected President, he along with several other • See L.A. Deb., 23-2-1926, p. 1648; 16-3-1927, 2 L. A. Deb., 5-3-1921, p. 595 and 22-9-1921, p. 829. p. 2333; 21-3-1927, p. 2439; 18-8-1927, p. 2996.

101 the Legislative Assembly.4 The Government of ~ Stressing the need for making the Secretary of India forwarded this scheme to the Secretary of the legislature responsible to the House and its State for India, who, however, did not accept the President, Vithalbhai Patel observed : views of President Patel in certain matters which the latter considered vital. 5 The President, there- the interpretation of the rules, the Presi- fore, submitted on 5th September, 1928 his to rely on the advice of the Secretary of proposal for consideration direct to the House and ly, and in the administration thereof by the office Ii has to rely on the efficiency, inde- declared: pendence and iability of the staff and the Secre- tary. Every Me r of the House has in the dis- charge of his duties deal both with the Secre- "As an elected President, I am responsible to the tary and his staff, and I e fails to get satisfac- Assembly and to no other authority. No President can afford to ignore or withstand the wishes of the tion, the fault is naturally la at the door of the House, either expressed or implied. It is no doubt President, who is supposed to the controlling true that he weilds large controlling powers, and authority. It goes without saying tll tfif the bUSi-\ his rulings on points of order and procedure must ness of the House is to be carried Oft 'fo its satis- be accepted as final, at least for the time being; faction, the Secretary and the staff must in some but it is to be remembered that after all, the will form be responsible to the House and its President, he imposes upon the House is not his personal will, and not be subordinate to any outside authority. but it is the law of the House itself and in all that The President must feel that he is getting indepen- l. the President does he is naturally restrained by a dent and impartial advice from the Secretary; the desire to have his action fully endorsed by the Secretary and the staff must also feel that they are House as a whole."6 there solely to serve and further the best interests of the Assembly.'1" -& L.A. Deb., 5-9-1928, p. 22l. On 22nd September, 1928, Pandit Mati Lal Ii ibid., 16-9-1928, pp. 921-40. 6 ibid., 5-9-1928, p. 219. 7 L.A. Deb., 5-9-1928, p. 220.

102 Nehru moved a resolution in the House, which Constituent Assembly of India. Whenever the was supported, among others, by Lala Lajpat Rai, Constituent Assembly met to discharge its legisla- that a separate Assembly Department be consti- tive functions, it was called Constituent Assembly tuted, and it was adopted with a division. 8 (Legislative) . The Legislative Assembly Depart- ment continued to render Secretarial assistance to The Secretary of State for India having accorded the Constituent Assembly (Legislative) and, his approval, with certain modifications, to the therefore, there was no change in the nomenclature scheme as embodied in the resolution, a separate of the Legislative Assembly Department. With self-contained department known as the "Legisla- the coming into force of the Constitution and the tive Assembly Department" was created on creation of the Provisional Parliament on January January 10, 1929 in the portfolio of the 26, 1950, the name of the Department was Governor-General, with President of the Legisla- changed to "Parliament Secretariat". tive Assembly as its de facto head.9 In accordance with the Legislative Assembly Department The position continued even after the House of (Conditions of Service) Rules, 1929, the members the People (Lok Sabha) came into existence in of the staff began to be appointed with the 1952 following the first general election under the - approval of the President of the AssembLy. Constitution of India. The name of the Secretariat was changed in 1954 from "Parliament Secreta- Under the provisions of the Indian Independence riat" to "Lok Sabha Secretariat". Act, 1947, the legislative functions of the Dominion Legislature were taken over by the The independent position of the Secretariat bas

8 ibid., 22-9-1928, pp. 1249-63. been safeguarded under Article 98 of the Consti- 9 L.A. Deb., 28-1-1929, p. 2. tution and the Lok Sabha Secretariat (Recruit-

103 ment and Conditions of Service) Rules, made represents its collective voice. Vithalbhai Patel thereunder. played this role in letter and spirit. He did not hesitate to assert his authority whenever he felt A Fearless Speaker that it was necessary to do so in order to ensure the dignity of the Chair or independence of the The essence of Parliamentary democracy lies Legislature. And in the discharge of his onerous in the recognition of Members' right to a free and duties he did not care for the favours or frowns frank discussion in the legislature. The Speaker of the Executive. He was truly a "fearless is the principal spokesman of the House and Speaker".

104 DEVELOPMENT OF PARLIAMEN- 'fARY CONVENTIONS UNDER PRESIDENT PATEL by

L. R. & I. SERVICE OF LOK SABHA SECRETARIAT

The Presiding Officer of the Central Legislative with the formation of the new Swaraj Party within Assembly, which was for the first time formed in the Indian National ~ngress. The Non-Coopera- 1921 under the Montagu-Chelmsford Reforms, tion Movement was suspended and the Congress- was called 'President'. Sir Frederick Whyte, a men who called themselves Swarajists were former member of the British House of Commons permitted to enter the Legislatures without accept- was nominated in 1921 as the first President of ing office. In the General Elections of 1923, the Central Legislative Assembly. He was chosen Shri Vithalbhai 1. Patel, the Swarajist President for his special qualifications and his deep know- of the Bombay Corporation was elected to the ledge of parliamentary procedure. Legislative Assembly from Bombay City constitu- ency, and short1Jy afterwards he was chosen At the commencement of 1923, there was a Deputy Leader of the Swarajist Party in the change in the political atmosphere of the country Assembly."

105 Vithalbhai Patel elected President House, irrespective of Party considerations. From this moment, 1 cease to be a Party man. I belong to all of you and I hope my Honourable friend When the term of the first nominated President, the Leader of the Swaraj Party, will take imme- Sir Frederick Whyte expired in August, 1925, the diate steps to absolve me from all the obligations Swarajists put up Shri Vithalbhai Patel as their of a Swarajist Member of this House." candidate for election to the office of President. Shri Patel was opposed by Dewan Bahadur T. Work as President Rang&chariar, who enjoyed official support. In the contest that took place, Shri Patel defeated Vithalbhai Patel's tenure of office as President his rival candidate. The election was approved by (from 1925 to 1930) was packed with events of the Governor-General and Shri Patel took office import. He was fully conscious of his role as the as President on the 24th August, 1925. first elected non-official President of the Legisla- tive Assembly. He took up office at a very difficult Strict impartiality promised time and guided the deliberations of an Assembly, which did not possess the vital powers enjoyed by On his elevation to the Chair, President Patel the Legislatures of democratic countries. In spite 1ieclared ( 1) : of the many limitations imposed upon him and the Assembly by the Constitution, President Patel "I have accepted this office with high hopes and always endeavoured to uphold and enlarge the fully realizing the implications involved therein ... authority of the Chair and the dignity, rights and "In the discharge of my duties, 1 shall, observe privileges of the House against the powerful strict impartiality in dealing with all sections of the bureaucracy and, in a large measure, succeeded in 1 L.A. Deb., 24-8-1925. pp. 36-37. his attempt. It was he who laid the foundation

106 of the independence of the Speaker, the Speaker's Satisfactory answers should be given to question severance from party politics and a separate and In regard to questions, President Patel was independent Secretariat for the legislature. He careful to ensure that legitimate use was made of interpreted the rules and orders of the Assembly this right by the Members and the Government liberally in order to safeguard the rights of the gave satisfactory replies to them and not tried to non-official members of the House. evade them.

President Patel permitted amendment of certain On January 27, 1926, on a question regarding Standing Orders for the smooth and efficient des- the release of Bengal Internees, many Members patch of official and non-official business. He proceeded to put supplementary question asking discouraged Government Members from transact- for information. No satisfactory answer being ing official business on non-official days. He given by the Government, the President intervened allowed Members to table adjournment motions and observed(2) : liberally for censuring the Government for its acts "There is a strong feeling in the House that the of commission and omission. He would not allow information asked for should be supplied by Gov- the Government to force legislative measures on ernment and they would be well-advised if they the Assembly against the wishes of the Members consider the desirability of supplying that informa- or to curtail debate in the House-on Government tion." Bills. He followed the convention established by Courtesy towards the House his predecessor that on the Finance Bill the whole • administration of the Government could be President Patel was always vigilant in ensuring reviewed and interpreted this convention in a that the dignity and decorum of the House was liberal spirit. 2 L.A. Deb., 27-1-1926, p. 337.

107 maintained. The Commander-in-Chi~ had made had already fixed up some other out-station an important statement in the Assembly on the engagement for that day, prior to his receipt of the 7th March, 1928, regarding the Government's notice of adjournment motion. The President then decisions on the rec.ommendations of the remarked that the Chair should have been duly Sandhurst Committee. On the 10th March, 1928, informed about it (before the debate commenced). during the course of the debate on Shri M. A. Jinnah's motion seeking adjournment to discuss Subsequently, on the 21st March, 1928, during that statement, President Patel referred to the the debate on the Indian Territorial Force Bill, Commander-in-Chief's absence from the House the Commander-in-Chief made the following when his speech was being discussed and statement4 with reference to the above incident : observed3 : "Before I speak on the Bill before the House, "Before we proceed further, I desire to make I should like, with your permission, to say a few one observation. I regard it as highly discourteous words about another matter. I am sorry that I was on the part of H.E. the Commander-in-Chief that prevented from being present in the House on the he should come here and make a long speech, and 10th instant, for had I been present, certain mis- then when a motion for adjournment is discussed understandings, I think, would not have occurred." on that speech, that he should not b~ in the House." The President replying said:

The Army Secretary, Shri G. M. Young there- "We are all glad to see H.E. the Commander-in- Chief in his seat today, and to have heard his upon explained that the Commander-in-Chief had asked him to inform the House that the C-in-C 4 L.A. Deb., 21-3-1928, pp. 1873-1874. 3 L.A. Deb., 10-3-1928, p. 1293. 5 L.A. Deb., 21-3-1928, p. 1874.

108 opening sentences. Had the Chair been told be- matter immediately with the Government in 1926, fore the debate was initiated on the lOth what it but the progress in that direction was very slow. has learnt since, these misunderstanding would have been avoided. I should in that case have arranged for postponement Iilf the debate." in the meantime, he had established such a good reputation as Speaker that he was returned to the Assembly unopposed in the General Elec- tions of November 1926 and was unanimously President's control over Assembly office re-elected to the Chair in January 1927. Soon after on his re-election he pursued the issue again President Patel strove hard to enhance the with the Government, but the latter did not react authority of the House and to assert and consoli- favourably. Thereupon President Patel, on the date the independence of the Chair. It was his 5th September, 1928, made a comprehensive firm stand that if the President was to function statement in the Assembly, giving details about his effectively and was to be impartial in the exercise scheme for setting up an independent Department of his delicate and exacting duties, it was most of the Assembly and the steps that he proposed appropriate that he should have a staff directly to take for achieving his objective. lJIis famous under his control and responsible to no other statement~ in the House commenced with the authority. As soon as he was elected President, emphatic declaration that : Shri Patel took up the question of setting up a r 4 an elected President, I am responsible _~ separate and independent department for the l,!!Ie Assembly and to no other authority" ,'.fftTI Assembly. He convened a Speaker's Conference President can afford to ignore or withstand the to consider the proposal and the latter unanimously wishes of the House, either expressed or implied ... adopted his point of view. Then he raised the (6) L.A. Deb., 5-9-1928, pp. 221-223.

109 The President is an impartial interpreter and ad- President Patel then had discussions with the ministrator of the rules of the House, but these leaders of parties and finally on the 22nd Septem- rules are not made by it, nor has it the power to ber, 1928, the Assembly carried a motion moved amend them to suit its requirements. They ale by Pandit Motilal Nehru for the formation of a amended from time to time by the Governor separate Legislative Assembly Department under General in Council with the sanction of the Secre- tary of State, and neither the Assembly nor its the President. As soon as the motion was adopt- President has any right even to be consulted. In ed, President Patel asked the Government to take the interpretation of the rules, the President has immediate steps to implement the decision of the to rely on the advice of the Secretary of the Assembly. After a reference to the Secretary of Assembly, and in the administration thereof by the State, a compromise was arrived at creating a office he has to rely on the efficiency, indepen- separate, self-contained Legislative Assembly dence and reliability of the staff and the Secretary. Department in the portfolio of the Governor- Every Member of the House has· in the discharge of his duties to deal both with· the Secretary and General with the President exercising de facto . his staff, and if he fails to get satisfaction, the c;ontrol over it. fault .is naturally laid at the d. oor of the Presi

111 House on behalf of himself and the officials con- side red by the President if in the meanwhile a full, cerned in the same generous spirit in which it has. frank and unqualified apology to the Chair and been made, and I appeal to every Member of this the House is forthcoming in terms approved by the House to forget the incidents...... This statement President and published in such newspapers and thus disposes of that part of the case in which I in such manner as he might approve". promised to make an enquiry and give my conclu- sions, leaving the other part regarding the conduct Authority and inherent power of the President of the two press correspondents untouched." Another serious conflict that took place between On the conclusion of the' business' of the Session .the Government and President Patel was on the on the 25th September, 1928, President Patel, question whether reasonable debate was possible giving his decision as regards the conduct of the under the Public Safety Bill, introduced in the Press Correspondents of the "Daily Telegraph" Assembly in September 1928. The President took and the "Times of India" for their disparaging the view that if the subject-matter of the complaint remarks about the Chair, observed(1°) : filed by Government in the Meerut Conspiracy Case in which certain persons alleged to be " ...... I hereby direct that with effect from the communists were being tried for conspiracy date of the adjournment of' the House si1le die the against the Government, was compared with the Press passes granted to Messrs. Byrt and Rice shall stand cancelled and no notiCe papers, Brus, speech which the Home Member delivered in sup- etc. shall be sent to them until further directions port of the Bill, the two were identical. That from, the President. I would add that the corres- being so, he maintained that it would not be pondents concerned or their papers are eligible to possible to discuss the Bill without referring to the renew their applications and they would be con- proceedings in the case which was subjudice. He (10) L.A. Deb., 25-9-1928, pp. 142~-1422. therefore asked the Government to postpone llli2 consideratien of the Bill, pending the Meerut trial. Chair to withhold the Bill from consideration." The Home Member agreed to place the suggestion The President reserved his ruling and asked the of the President before the Government for consi- Home Member to circulate copies of his statement deration, but could not say what the Government's so as to enable the President to give his considered view would be. He, however, pointed out that it opinion. would be dangerous to public interest to postpone further consideration of the Bill. President Patel After ascertaining the views of Party leaders, remarked that he would await the decision of the President Patel on the 11th April, 1929, delivered Government before giving his ruling. On the 4th his ruling and said that the Government's state- April, 1929, the Home Member, Mr. Crerar made ment was a challenge to the Chair and undermined a statement in the Assembly, communicating the its authority. He was convinced that no debate Governments' refusal to accept the President's was possible on the Bill during the pendency of suggestion on the Public Safety Bill. He said, "In the Meerut trial and observed (11) : /their opinion, no rule or standing order of this Chamber authorises the President to decide whe- "As a rule I have refrained from offering ac,lvice ther Government should or should not be allowed to Government in any matter unless they them- to proceed with the legislation which it desires to selves sought it. But in this particular case I did so in order to avoid a conflict between the powers submit for the consideration of this House in a of the Chair and the right of Government." case where all the requirements of the rules and standing orders preliminary to the moving of a "Such a conflict is bound to arise undcr a Con- motion have been fulfilled, as they have been in stitution like ours, particularly where thc Chair respect of this Bill, and the House is now seized considers it its duty to interpret the rules and orders of the Bill and it is beyond the powers of the (ll) L.A. Deb., 11·4-1929, 2987-2991.

113 of the House with a view to prevent the powers Public Safety Bill and secure amendments to the belonging to this House passing into the hands of Legislative Rules so as to prevent interruption of the administration." business by the President of either Chamber. In Government claim that they have an undoubted the course of his address(12), he remarked that right under the constitution to decide what legisla- the President's ruling on the Public Safety Bill tion they shall ask the House to pass and when. propounded an interpretation of the rules which, This is no doubt true within prescribed limits, but he was satisfied, was not in conformity with their it must not be forgotten that the Speaker exerts a direct influence upon the course and extent of original intention and that while the Government legislative action." recognised that the only person to interpret the rules within the House was the President, they .* * • • were unable to acquiesce in his interpretation and ...... I am of opinion, although the power announced that the Government proposed to to rule this motion out of order is not expressed amend the rules in such a way that the President in so many words in any Rules and Standing could not, except by virtue of express powers, Orders, it does arise by necessary implication and analogy, and I am therefore satisfied that in any prevent the progress of legislation. case the Chair has the inherent power to rule out a motion on the ground that it involves an abuse When the Legislative Assembly's autumn of the forms of procedure of this House, as this session opened on the 2nd September, 1929, motion, I hold, does. I therefore rule it out of President Patel made a statement regarding the order." controversy between him and the Viceroy arising out of the latter's speech on the closing day of the Addressing the Assembly on the 12th April, previous session. He said that he had lodged a 1929, the Viceroy declared that he would issue an Ordinance embodying the provisions of the (12) L.A. Deb, 12-4-1929, pp. 2993-2995.

114 ~trong protest against the Viceroy's criticism of House. And more than that, His Excellency has his ruling and maintained that within the Assem- expressed his entire concurrence with that part of bly Chamber there was no one except the House my letter which defines the position in this respect that, within the House, it is only by the House it- which could pass judgment on the Chair's ruling. self that the ruling of the Chair can be subjected Placing before the House the text of his corres- to criticism and censure.' pondence with the Viceroy on the subject, he ()bserved (18) : "In view of what His Excellency has said, I am convinced that it was not his desire to establish 8 "...... I have always maintained, and will con- precedent derogatory to the dignity of the House, tinue to maintain, so long as I am in this Chair, and I am sure the House will agree with me that that the House and the Chair are, subject to the the incident must now be treated as closed." Constitution, supreme within the four walls of this Chamber, and I would be unworthy of the "I desire to state, in conclusion, that nothing confidence reposed in me by the House, if I failed has pleased me more in His Excellency's reply than on any occasion to raise my voice in protest the sincere expression of his anxiety to see the against any action, which in my view seemed to establishment in this country of best parliamentary challenge or undermine that supremacy." traditions and conventions and to cooperate with the Chair for that purpose,- and I need hardly "On the 15th of May, I 'received from His Ex- assure His Excellency and his Government that I cellency the following reply. fully echo his desire in this respect."

'The Governor General has here made it plain Discussion on the Report of the Public Accounts that he has no intention of criticising or censuring Committee the ruling. He has also said that he would con- sider it improper for him to do so within the On the 18th February, 1929, an interesting (13) L.A. Deb., 2-9-1929, pp. 109-112. constitutional point was raised in the Legislative

115 Assembly when Sir George Schuster, Finance the P.A.C. can be discussed fully...... It is not Member, moved the Demands for Excess Grants. possible in this session, at any rate, to introduce this new departure because we have got the excess Shri B. Das wanted to discuss the policy of the grants now before the House, and unless the Government in not allowing the House to consider Finance Member is prepared to drop them at pre- the Report of the Public Accounts Committee sent and bring them forward at a later stag!.t such before the House proceeded to consider the departure cannot be made; I think, however, he must have some time to consider the whole ques- Demands for Excess Grants. The Finance Mem- tion in consultation with Leaders of Parties. In ber objected to it on the ground that no question this view I do feel very strongly that the time has of policy could be discussed on the motion. arrived when we must adopt the correct practice President Patel, after allowing discussion on the of affording opportunities for the discussion of the point, ruled out the objection and said (H) : Report of a Committee which is the creation of this very House, and ask the Government to look into the matter at an earliest possible opportunity."

"The House will be grateful to Shri Das for drawing its attention to this most important point. As a result of the foregoing, Sir George Schuster The question raised by him is whether Govern- moved on the 31st March, 1930, that the Report ment should not afford facilities for the discussion of the Public Accounts Committee on the of the Public Accounts Committee's Report. The Accounts of 1927-28 be taken into consideration. P.A.C. is a creation of this House, and it is only The motion was adjourned as it was the last day proper that the Report made by that Committee must be discussed on the floor of this House ....•. of the session and was taken up during the next I am clearly of opinion that we should establish session on the 7th July, 1930, when after discus- a practice in this House by which the Report of sion, the Deputy President observed (I.Ii)

(14) L.A. Deb., 18-2-1929, pp. ~97-902. (15) L.A. Deb., 7-7-1930, pp. 12-26.

116 "I would Iiketo inform the House that, accept- security arrangements should be put on a firm ing the recommendations of the Public Accolluts footing. While the matter was still under conside- Committee, the Honourable Mr. V. 1. Palel in con- ration, the Government in their own discretion sultation with the Honourable the Finance Member, had decided that there would be no vote on (his had made certain rearrangements of security motion before the House. It was decided that the postings. House would be given an opportunity to have a general discussion on the Report of the P.A.C. The winter session of the Assembl\}' opened on Therefore, no question will be put t) the House the 20th January, 1930.. The President, as he on the Report." walked in, had a look around and discovered that Authority and control within inner precincts of policemen had been posted in the visitors' galleries. the Legislative Assembly So he took the House into confidence and ordered that the galleries be cleared of the police and Another reform carried out by President Patel visitors and locked before the commencement of to assert the authority of the Chair was the the business of the day and that no further passes maintenance of his authority and control over the be issued to strangers until further orders. He policing of the inner precincts of the Assembly. said that the posting of the police in the galleries The Government of India and the Chief Commis- and precincts was a deliberate defiance of the sioner of Delhi maintained that they were the President's orders and constituted a challenge to sole judges of the adequacy of the protective the authority of the Chair. measures in the House. The President did not accept this view. A Watch and Ward Committee Negotiations commenced to resolve the differ- had been appointed by the President which was ences between President Patel and the Govern- looking into the Whole matters as to how the ment. After some time,' an· agreement was

117 reached according to which the Government position in respect of fiscal autonomy to be that. control of the outer precincts was unchanged while in whatever way the Bill might be modified by the the inner precincts were placed in charge of a Assembly, the Government were bound to accept Watch and Ward staff who would be responsible it and put it on the Statute Book. Shri Jinnah to the President. Observing on the 20th February, pointed out that such a ruling could not be en- 1930, that the establishment of this convention forced and quoted the Government as saying that would provide adequately for the exercise of they were not prepared to accept any sort of authority by the Chair, the President ordered that important change in the Bill. The Commerce the galleries be reopened with effect from 24th Member, Sir George Rainy, speaking on behalf February, 1930, and passes issued to visitors in of the Government, reiterated his position that the usual manner ( 18 ) • if any drastic changes, such as those proposed in certain of the amendments, were made in the Bill, Interpretation of Fiscal Convention it would be impossible for the Government to proceed with it. The President observed(17) : Another con1lict that arose between President Patel and the Government was with regard to "I am affraid that position is entirely inconsis- the convention in respect of autonomy in fiscal tent with the statement made by the Finance Mem- ber that fiscal autonomy is a reality, and that it is matters. During the debates on the Cotton Textile an integral part of the Constitution and also the Industry (Protection) Bill in March, 1930, statement by the Secretary of State for India made Shri M. A. Jinnah proceeded to discuss the in the House of Commons in the recent debate position of India in the matter of tariffs, when that India enjoyed the same liberty in the matters President Patel observed that he understood the of tariffs as Great Britain enjoys."

(16) L.A. Deb., 20-2-1930, p. 825. (17) L.A. Deb., 25-3-1930, p. 2429.

118 Discussion continued on the Tariff Bill in the any electorate in India, will :;0 forth to the world Assembly. At the conclusion of a lengthy debate as the decision of India in favour of Imperial on his amendment to the Bill, Pandit Madan Preference; and it is therefore necessary that if the convention is to b: worked in the: spirit of the re- Mohan Malaviya, on the 28th March, 1930, commendation of the Joint l'arhMlentary Com- requested the President to give the proper inter- mittee, official Members should not vote. But, I pretation of fiscal autonomy and, in the light of the hope, he will, in his turn appreciate the limita- Crewe Committee's report, declare whether offi- tions .. : .. that by no possible stretch of IlUlIWlge, cial and nominated Members could take part in it is open to tbe Chair to rule that official Mem- bers shall not vote. The question whether they the voting on such matters. Pandit Malaviya held should or should not vote is for them to decide. that they could not. On 31st March, 1930, As to their right to vote, there can be no question. President Patel gave his ruling on the momentous So also the right of the non-official nominated Empire Preference issue holding that the Chair Members. I agree that real fiscal autonomy is possi- cannot prevent the official and nominated members ble, even under the existing constitution, if the decision on fiscal measures is left to vote of the non- from voting and further observed(18) official Members and such decision is regarded as binding oli the Executive : but this can be done by "The Hon. the Leader of the Opposition a convention and not by a ruling of the Chair. I. therefore rule tbat the official and nominated non- (Pandit Madan Mohan Malaviya) contends that official and nominated non-official Members are official Members are entitled to record their votes." not entitled to record their votes on any division on this measure. I fully appreciate the point of Speaker above all party politics '. ; .view of the Leader of the Opposition that any decision taken in the House, constituted .. s this is, President Patel always tried to uphold the with 144 Members,. of whom 26 do not represent well-established traditions of impartiality and party (18) L.A. Deb.,.31-3-1930, pp.2673-2676. neutrality evolved in England, in the discharge

119 of his duties. He maintained that the man who convention that the President of the Assembly, occupied the high office of Speaker was outside like the Speaker of the House of Commons, was and above all party conflict. On the very first day above all party politics and therefore not bound to when he was elected to office he dissociated himself accept the mandate of the. party to which he from the Swaraj Party of which he was an active belonged before he waseleeted to the Chair. Member prior to his election. In the general election of 1926, he declined to contest on the Congress Party ticket and was returned unopposed Equally representative of President Patel's as an independent candidate from his old consti- sturdy independence and impartiality was his tuency. When the election of President took place refusal to resign from the office of the President on the 20th January, 1927, he was unanimousLy early in 1930, when the Congress Members re~lected and discharged his duties in the best resigned from the Legislatures in obedience to the interests of the Assembly and country. Lahore Congress resolution. On the 21st January, 1930, President Patel made a lengthy statement in Earlier when the Swarajists walked out in a the Assembly, explaining his own position as body from the Assembly on the 8th March, 1926, President in reference to the Lahore Congress in pursuance of the Kanpur Congress mandate, resolution advocating boycott of the Legislatures. it was expected that President Patel would also He observed(l9) : join the walk-out on the ground that having been returned to the Assembly on the Swaraj Party " ...... I am making this statement today to ticket, he was bound to do so by the mandate of set at rest all speculation on the question, and the Party. But he declined to join the Party in to reaffirm and emphasise the principle that the their action and for the first time established a (HI) L.A. Deb .• 21-1-1930. p.132.

120 President is above all parties and he would be and membership of the Legislative Assembly, unworthy of the confidence reposed in him if he declaring that he must ally himself with his were to allow his conduct to be infiuenced by countrymen in the movement for freedom. In any party in or outside this House. I venture to think that this principle must and will hold his resignation letter to the Viceroy he mentioned good under any form of Government. In these the difficulties and obstacles that he, as the first circumstances, I feel I would be nullifying and, elected President, had to contend with in the indeed, destroying all the work, it is claimed, I discharge of his duties. While explaining the have done during the last four years and more, reasons for his resignation, he inter alia stated (20): were I to tender my resignation in obedience to the mandate of the Congress. " ...... I am convinced that, under the chang- ., ...... In any case, the moment I find that the ed conditions, my usefulness as the President of holding of this office under the altered conditions the Assembly has entirely ceased to exist. Owing is in consistent with maintenance of Ilbsolute in- to the boycott of the Assembly by Congressmen dependence and impartiality-the two es.'Iential in obedience to the mandate of the Lahore Cong- attributes upon which at once the inftuence of the ress, followed recently by the resignation of the President and the confidence reposed in him are Leader of Opposition, Pandit Madan Mohan founded,-that moment you will not find me in Malaviya and a band of his loyal followers as a the chair." protest against the matter and method by which the Government of India forced down the throat of the unwilling Assembly the principle of Impe- Resignation of Presidentship rial Preference, the Assembly has lost its repre- sentative character..... I felt whether it was worhtwhile any longer presiding over an Assembly

On the 25th April, 1930, President Patel (2 0 ) G.I. PATEL: Vithalbhai Patel-Life and Times, tendered his resignation of the Presidentship Book Two, pp. 1138-1139.

121 where it was not possible for the President to safe- absolute independence, had guided his conduct guard even the freedom of vote supposed to have throughout the period he was holding the office been guaranteed by the Government of India Act. of the President. Neither all!Y personal or political predilection, nor a fear of bureaucratic frown was "It goes without saying that the Assembly would allowed to influence his conduct at any time. By hereafter exist merely to register the decrees of the Executive and I would be doing a dissen"ice to unflinching adherence to these principles the my country if I continue to lend false prestige to rulings he gave are remarkable for their masterly such a body by presiding over it any more. Apart interpretation of the Rules and Standing Orders. from these considerations, in the grave situation that has arisen in the country, I feel that I would be guilty of deserting India's cause at this critical President Patel will ever be remembered as one juncture if I were to continue to hold the office of the most iUustrious Speakers of the Indian of the President of the Assembly." Parliament, who in spite of the many impediments, enhanced the prestige of the Chair and that of the As the first elected President of the Assembly, House and laid down such precedents and Shri Patel conscientiously and ably conducted its conventions and gave such rulings which proceedings with remarkable capacity and compe- immensely helped the development of sound tence. ,Strict impartiality and more than that parliamentary traditions.

122 VITHALBHAI JHA VERBHAI PATEL -A BIOGRAPHICAL SKETCH-

by

L. R. & I. SERVICE LOK SABHA SECRETARIAT

Vithalbhai Jhaverbhai Patel, the first elected Borsad along with his younger brother, Sardar President of the Legislative Assembly, was born Vallabhbhai Patel. He soon outgrew the cramped on 27th September, 1873 at Nadiad in the district atmosphere of the Kaira courts and moved to of Kaira (in Gujarat State). He came of a peasant Baroda where, after a severe struggle, he attained family and during his childhood, was brought up considerable success in the profession. in his ancestral home in the village of Karamsad. He received his early education there. After com- Vithalbhai sailed for England in 1905 for pleting his school education, Vithalbhai joined the further legal studies and was admitted to the Gokhale Law classes at Bombay and passed the Lincoln's Inn. He was called to the Bar on 1st District Pleader's Examination in 1895. He then July 1908. Thereafter, he returned to India and' set up practice as a lawyer at the small town of started practice at Bomb~. Doubtless, his experi-

123 ences abroad and his success at the bar stood him Imperial Legislative Council in good stead in the long political fight that was ahead of him. Vithalbhai's sphere of public activities enlarged in 1918 when he was elected to the Imperial Legislative Council, where his forceful personality Bombay Legislative Council could hardly be ignored. He soon distinguished himself for his skill as a "follower of the Parnellite Irish traditions of creating a deadlock over govern- But law and the legal profession did not mono- ment bills with which he and his party were not polise all his attention. He found wider scope for in sympathy but which they were not able to turn his activities first when he was elected President down." In the Imperial Council, Vithalbhai did of the Bandra Municipality and later on as a outstanding work especially in the field of social member of the Bombay Legislative Council reforms, such as the introduction of the Hindu representing the District Local Boards of the Marriages Validity Bill, which was intended to Northern Division of the Bombay Presidency. He provide for marriage of Hindus of different castes. soon made his mark as a legislator and his contri- bution as a member t~the proceedings of the Council was considerable. He used the weapon President, Bombay Corporation of asking questions in the House with great skill and ability and kept a vigilant eye on the problems Vithalbhai visited Great Britain in 1919 as a of administration, bringing government to book representative of the Indian National Congress to for its lapses in that sphere. He was mainly give evidence before the Joint Select Committee responsible for the passing of a Bill to make on the Government of India Bill, 1919. On his elementary education free and compulsory. return to India, he became an ardent supporter of

124 non-cooperation and resigned his seat from the to the high office, while replying to the words of Imperial Legislative Council. As the Congress welcome extended to him, President Vithalbhai had not banned entrance into the local self- Patel observed :- government bodies, Vithalbhai became a member of the Bombay Municipal Corporation in 1923. "In the discharge of my duties, I shall, I Soon he was elected President of the Corporation assure you, observe strict impartiality in dealing and in that capacity was responsible for setting up with all the sections of the House, irrespective several new and important conventions in the of party considerations. From this moment I functioning of the Corporation. cease to be a party man. I belong to no Party, I belong to all Parties. I belong to all of First Elected Speaker you ...... "

An outstanding event in Vithalbhai's life, as in Work as President of the Assembly the constitutional history of the time, was his election to the presidentship of the Indian Legisla- Vithalbhai Patel's tenure of office as President tive Assembly. He was elected a Member of the of the Assembly was at once hectic and eventful. Legislative Assembly in 1924 from the Bombay In him the House had a Speaker, who in courage city Non-Muhammedan Urban Constituency and and independence was second to none, and one he became Deputy Leader of the Swara j Party. who enhanced the prestige of the Chair and the It was on the 22nd August 1925 that a unique reputation of the House and set a tradition of honour was conferred on him when he was elected which any legislature in the world might be proud. President of the Legislative Assembly on the Vithalbhai was fully conscious of his role as the retirement of Sir Frederick Whyte. On his election first elected non-official President of the Assembly.

125 Notwithstanding the fact the Assembly constituted of setting up a separate Secretariat for the Assem- under the Government of India Act, 1919, did bly, a question which had engaged his attention not possess the powers enjoyed by legislatures of even earlier, as part of his attempt to enhance the independent countries, he was determined to dis- authority of the House and to assert the indepen- charge his duties not as a mere Chairman but also dence of the Chair. When he found no adequate as the custodian of the rights and privileges of the response from the Government to the proposals members of the House. He interpreted the rule5 he had earlier made in this connection, he made a and orders of the Assembly liberally in order to comprehensive statement in the Legislative Assem- safeguard the rights of the non-official Members bly in September 1928 which started with the of the House against official encroachments. emphatic declaration "as the President elected by the Assembly, I am responsible to the Assembly Re-Election as President and to no other authority." It was that declaration which succinctly revealed his own position to the In the elections of 1926, Vithalbhai stood as an House, viz., that if the President was to function Independent and was returned unopposed. He was effectively and was to be impartial in the exercise re-elected President of the Legislative Assembly of his delicate and exacting duties, it was essential on 20th January 1927 and his re-election was that he should have a staff directly under his welcomed by all sections of the House. control and responsible to no other authority. A Motion moved in the same month by Pandit Setting up of Separate Assembly Department MotHal Nehru, Leader of Opposition, for a separate Legislative Assembly Department under Immediately on his re-election as President in the President was adopted by the House and on 1927, he took up with the Government the matter the 10th January, 1929, within a few months of

12~ the passing of the motion, the Legislative Assem- by the President did not accord with the relevant bly Department was created as a separate, self- rule governing the proceedings of the House. He contained Department in the portfolio of the wrote to the Viceroy protesting against his criticism Governor-General but under the control of the of the Chair. Thus, he asserted the independence President. of the Chair with regard to its power to admit or disallow motions. Public Safety Bill Control over the precincts of the House In April 1929, Vithalbhai Patel caused a sensa- tion by his ruling that, in the exercise of his inhe- On 8th April 1929 when Vithalbhai was in the rent powers, he declined to place the Government chair, two bombs were thrown in the Legislative motion for discussion of the Report of the Select Assembly. He later moved a motion denouncing Committee on Public Safety Bill before the House, the outrage and it was adopted by the House pending the result of the Meerut Conspiracy trial, unanimously. In January 1930, there arose a which the Government had launched at the same controversy with the Government over the control time. In giving his ruling, he said that it would of visitors to the Assembly, as a sequel to the not be possible to discuss the Bill without referring bomb outrage. He declared that the security to the proceedings in a case which was sub-judice arrangements made by the Government for the and that the government's action was, therefore, protection of Assembly precincts would constitute a challenge to the Chair and undermined its a challenge to the authority of the Chair. The authority. He adhered to his view in spite of the government of the day dissented from the view Viceroy's contention later in the course of his and maintained that in matters relating to the address to the House, that the interpretation given security of the House they were the best judges.

127 President Vithalbhai Patel, on the other hand, sures which were sought to be forced on the asserted that the authority and control over the Assembly by the Executive against popular resent- precincts of the Assembly should vest in the Chair ment and feeling and which he considered and ordered the galleries to be closed till such detrimental to the national cause. In 1928, he time as a settlement in the matter was arrived at. wrote a letter to Mahatma Gandhi supporting the An agreement was finally reached by which secu- no-tax campaign organised in Bardoli-a move- rity arrangements in the Assembly were placed ment led by his brother Sardar Vallabhbhai Patel under the control of the President who would -and offering to contribute to it Rs. 1,000/- a exercise his authority through officers directly month from his salary. In the course of the letter, appointed by him. This again was a vindication he said: of the stand taken by him...... I wish to give you this further assurance that at the very first opportunity I shall place my- The Bardoli Struggle self in communication with those who have called me to the high office which I have the honour to Primarily Vithalbhai's objective was to use the occupy and which I regard as simply a trust on Legislative Assembly as an effective forum for their behalf, and if I find that I can tak~ any advancing the cause of India's independence, other more effective step to help the 5ufferers of though he never lost sight of the complementary Bardoli, you will not find me lagging behind. functions of maintenance of the dignity of the Chair and the setting up of healthy parliamentary Resignation and Arrest traditions. During the time he was President of the Assembly, he spoke and wrote fearlessLy and President Vithalbhai, in due course, felt that unequivocally now and then on legislative mea- despite his efforts he could not adequately safe-

128 guard the dignity, rights and privileges of the Early in 1931, Vithalbhai proceeded to Vienna Members of the Legislative Assembly against for reasons of health, returned to India towards encroachments from the bureaucracy. He felt the close of that year and once again plunged convinced that it was not much of use to preside himself into the national movement. This led to over an Assembly where no opposition was left his re-arrest on 5th January 1932 but as he was to Government and where the decisions were broken in health he was released soon. dominated by the wishes of the Executive. Later in 1932, Vithalbhai took upon himself to On April 26, 1930, he resigned the President- tour the United States with a view to acquainting ship declaring that he must ally himself with his that country with the true situation in India. In people in their fight for freedom. He pledged his 1933, he was taken seriously ill and he proceeded full support to Mahatma Gandhi and his first step to Europe for treatment. The end came soon and was to intensify the no-tax campaign in Bardoli. he died at Geneva on 22nd October 1933. His arrest and imprisonment soon followed his resignation of the Presidentship and association with the non-cooperation movement. When It was only fitting that, shortly before his death, arrested on August 27, 1930, he said: "I have the message which Vithalbhai Patel gave to his earned my pension and peerage." countrymen concluded with the words: "Before I die I am praying for the eady attainment of In the January of the following year before he India's freedom." His prayers did not go in vain had completed the period of his sentence, he was and the country eventually became free. released, as by then negotiations were under way between the Viceroy, Lord Irwin, and Mahatma It is in the fitness of things that one hundred Gandhi in respect of Constitutional reforms. years after his birth, the people of this country

129 remember this great patriot and thinker with res- patriot, great as his work has been as a servant pect and gratitude. On this occasion, we may of his motherland, his work will shine as a recapture in our minds some of the qualities of great President of the Indian Legislative head and heart which made him a truly remarkable Assembly ...... I feel confident that ...... the personality who vastly influenced the events of his future historian, who would be the proper judge, times. Vithalbhai Patel was a very able Parlia- would give Vithalbhai Patel an eminent place mentarian, possessed of profound and exhaustive amongst the ranks of the great sons of India." knowledge of constitutional law. As the first ejected President of the Indian Legislative Assem- bly, he made a record and won an acclaim for Sources consulted: his knowledge, skill, love of freedom, tenacity, (i) Vithalbhai Patel-Life and Times (Books I un-remitting industry and undaunted courage. and II) by Gordhanbhai Patel.

Gandhiji referred to Vithalbhai Patel as 'a (ii) Journal of Parliamentary Information Vol. fearless Speaker'. Sir Shanmukham Chetty, IV, No.2, (October, 1958) (Article by Dr. successor to the presidentship of the Legislative Ramesh Narain Mathur). Assembly, bore testimony to the remarkable (iii) The Indian Quarterly Register, edited by character of his illustrious predecessor in the Mitra, Volumes 1925 to 1930. Chair, thus: (iv) The Speaker in India by Maya Dube.

"In him we have lost one of the most remark- (v) Silver Jubilee Commemoration Vol. Lok able personalities that walked the stage of Sabha Secretariat, 1954: Address by Shri M. India's public life ...... Great as he was as a N. Kaul, Secretary, Lok Sabha, pp. 57-77.

130 APPENDICES APPEND!X-[

IMPORTANT DECISIONS AND OBSERVATIONS OF PRESIDENT VITHALBHAI PATEL ON PARLIA- MENTARY PRACTICE AND PROCE- DURE ADJOURNMENT MOTIONS

1. MATTER NOT INVOLVING MINISTERIAL RESPON- SIBILITY CANNOT BE DISCUSSED ON ADJOURNMENT MOTION.

On the 4th September, 1928, a Member "I have no doubt whatever that the matter- (Shri Gaya Prasad Singh) sought to move an proposed to be discussed is a definite matter, Adjournment Motion to discuss the reflections on I have also no doubt that the matter is urgent, President Vithalbhai Patel by a newspaper, as and it is quite clear that the matter is of public' being a calculated attempt to lower the dignitly of importance. But that is not all. Because the the House and the Chair. The President ruled as matter proposed to be discussed is a definite' follows. matter of urgent public importance, the Presi-

1330 dent is not bound as a matter of course to rule that the House has no remedy whatever in such the motion in order. xx xx The President may cases. I hold that it is inherent right of any in a proper case disallow such a motion. Assembly to defend itself against outside attacks xx xx xx Generally speaking motions for ad- and it is perfectly open in a proper case for the journment xx xx must have relation, directly or House to table a substantive motion and pass indirectly, to the conduct or default on the a vote of censure or condemnation on the part of the Government and must be in the attacker. But that is a different matter. This nature of criticism of the action of Government. cannot be done.'· xx xx (Legislative Assembt' Debates pp. 149-54, I go further and say that if it is the intention 4th September, 1928.) ·of the Honourable Members to raise the question of privilege-and I do not know for the ques- 2. GOVERNMENT NOT BEING IN POSITION TO GIVE tion of privilege does arise in this case-I PROPER REPLY IS NO GROUND FOR DISALLOWING should say at once that no discussion on ques- AN ADJOURNMENT MOTION. tion of privilege can take place on a motion for .adjournment. I lay it down definitely and On the 25th Feb. 1926, a Member (Shri T. C. unambiguously. Under these circumstances, I Goswami) sought to move an adjournment motion regret, I must disallow the motion for to discuss the hunger strike of certain State priso- adjournment. ners, the Minister concerned (Sir Alexander Muddiman) opposed the motion on the ground There is one word more which I would like that he would not be in a position to give a proper to say let not this ruling be understood to mean reply. The President ruled:

134 "The fact that the Government is not ready be discussed is a definite matter of urgent public to give a proper reply to the question raised by importance. It is not denied that the matter" the motion for adjournment is no ground on is of "recent occurrence. What is contended which the Chair can disallow that motion. 1 is that the matter proposed to be discussed is" hold that the matter proposed to be discussed sub judice. As I understand the Opposition is in order." Benches, they propose to discuss the policy" (L. A. Debates, 25th February, 1926, p. 1799) underlying this large number of raids and arrests, and not the merits of the cases that 3. POLICY OF THE GOVERNMENT IN SANCTIONING are to come before the Court of Law for adju-" WHOLESALE RAIDS AND ARRESTS IN VARIOUS PARTS dication. I am quite satisfied that the matter OF THE COUNTRY IS NOT A MATTER sub judice proposed to be discussed is not sub judice. but. TO BAR AN ADJOURNMENT MOTION. I am bound to say that if, during the discussion of the motion for adjournment in the afternoon, On the 21st March, 1929, a Member (Pandit any attempt is made to discuss the merits of 3llY" Motilal Nehru) sought to move an adjournment of the cases that are proposed to be lodged, the motion in order to discuss the policy of the Chair will take steps to see that such discussion government in sanctioning wholesale raids and is not permitted. I hope Honourable Members, arrests in difierent parts of India, the day before : when discussing this matter, will confine them- whereupon objection was taken that the matter selves strictly to the policy underlying these was sub judice and that the Court had taken arrests and not refer to the merits of the cases cognizance of the cases and therefore the motion that are to come before the Court. I rule that was out of order. The President ruled: the motion is in order." "I am satisfied that the matter proposed to (L. A. Debates, 21st March, 1929, pp. 2271-77)

135 4. NOTICE OF CUT MOTION TO BUDGET DEMANDS question is, when should that opportunity IS NO BAR TO. ADJOURNMENT MOTION come? I am of opinion that the matter pro- posed to be discussed is of such vital importance to the people of this country that an immediate On the 10th Mar., 1928, a Member (Shri M. A. opportunity should be afforded to the represen- Jinnah) sought to move the adjournment of the tatives of the people in this House to discuss it. House to discuss the Government's announcement The only objection taken by Government is 'reo the Sandhurst Committee Report when objec- that the motion is barred by anticipation. I ;tion was taken that the motion anticipated motions have seen the various notices of motions on for reduction on the same matter under the Army Demands for Grants, and I find none on which Department grant and was therefore out of order. this definite question which is proposed to be The President ruled : raised by Shri Jinnah can be raised. It might be argued, though it has not been argued, that "I understand that the object of the motion Shri Jinnah might put down a motion even now is to censure the Government of India for turn- on the army estimates, but the answer to that ing down the unanimous recommendations of argument is that, no one could say with any the Committee of their own creation. I have no degree of certainty that the motion would be doubt whatever-in fact, it has been admitted reached. It mayor may not be that if a notice on all hands, that the matter proposed to be of motion is given by Shri Jinnah it will be raised is definite, urgent and of public import- reached either on Thursday or on Friday or will ance. I am also convinced, and, in fact it has be reached at all. There is no reason why the been recognised, that an early opportunity Honourable Member should take any risk. In should be afforded for raising this matter. The this view I am not prepared to hold that the

136 motion is barred by anticipation. In any case, "All these arguments are in favour of reject- I consider the matter is of such grave import- ing this Bill. The Honourable Pandit knows ance to the people of this country that I must very well that nothing he will say now can allow the earliest possible opportunity to raise entitle this Assembly to reject this measure. it, and I therefore rule that the motion is in The Honourable Pandit must therefore confine order." himself to the amendment now before the House." (L. A. Debates, 10th March, 1928, p. 1244) (L. A. Debates, 12th February, 1929, p. 732) BILL 6. IT IS NOT OPEN TO SELECT CoMMITTEE TO 5. THE HOUSE CANNOT REJECT TIlE BILL WHICH REJECT PRINCIPLE OF BILL COMMITTED TO IT. IT HAD PASSED AND SENT TO THE OTHER HOUSE On the 19th Feb., 1926, a Member (Sir Hari ON RETURN TIlEREFROM WITH AMENDMENTS. Singh Gour) while moving for recommittal of the Hindu Religious and Charitable Trusts Bill to a On the 12th Feb., 1929, on the motion that a new Select Committee, asked for a ruling as to certain amendment made ~ the Council of State whether it was open to a Select Committee to say in the Hindu Law of Inheritance (Amendment) that "they cannot accept the main principle con- Bill, which had been passed by the Assembly and tained in the Bill." The President ruled : sent up to the Council of States, be adopted, a Member (Pandit Madan Mohan Malaviya) pro- "The Cllair cannot lay it down as an invari- ceeded to attack the Bill itself. The President able rule that in no case can the Select Com- intervened and pointed out : mittee report that the House should not proceed

137 with a Bill committed to it. Indeed, it is easy 7. PUBLICATION OF BILL IN OFFICIAL GAZETTE to conceive of circumstances in which it might DOES NOT DISPENSE WITH OBLIGATION TO MAKE .be necessary for the Committee to make such COPIES AVAILABLE TO MEMBERS a report. But at the same time the Chair is ·quite clear that it is not open to the Select Committee to say that it does not agree with the principle of the Bill. I regret to find that the On the 6th September, 1928, the Home Minister -COmmittee in this Report has stated that "the (Mr. J. Crerar) rose to move that the Public -Committee cannot accept the main principle Safety Bill be taken into consideration when a .coRtained in the Bill." Member (Pandit Motilal Nehru) objected to the motion being made on that day on the ground It is not open to the Select Committee to say that copies had not been made available to Mem- that it does not accept the main principle of bers. It was pointed out for the Government that the Bill. On the other hand it is quite open the Bill had been published in the Gazette of India to this House to reconsider its own decision and and that copies of the Gazette had been sent to 'say that it rejects the principle which it had every Member more than 3 days before. The ·once accepted. No one can take away the right President ruled:- ·of this House to revise its own decision, and this motion for recommittal affords an oppor- tunity to the House to say whether it shall revise "x xx There is absolutely no doubt that this its decision or not." motion .cannot be made unless copies of the (L.A. Debates, pp. 1541-45, 19th February, Bill have been made available to Honourable 1926). Members three days before to..:day. The question

138 is whether in this case copies of the Bill have 8. AUTHORITY AND INHERENT POWER OF THE been made available to Honourable Members CHAIR TO REGULATE THE PROCEEDINGS OF THE three days before today. I am clearly of the HOUSE

139 DEBATE rights are protected. I hope, however, the Honourable Member will not abuse the indul- gence which has been given to him." 11. MOVING OF CLOSURE MOTION IN THE MIDST OF A SPEECH IS TECHNICALLY IN ORDER (L.A. Debates, 24th March, 1927, p. 2701)

On the 24th March, 1927, in the midst of the 12. EXCEPTION TAKEN TO THE DISCOURTESY speech of a Member (Shri C. S. Ranga Iyer), SHOWN BY THE COMMANDER-IN-CHmF BY IDS another Member sought to move closure motion. ABSENCE WHEN HIS SPEECH WAS BEING DISCUSSED The President ruled : (See the article "Development of Parliamentary Conventions under "The Honourable Member is technically in President Patel"-pp. 107-1(9). order in moving the closure in the midst of a speech, but it will create a not altogether desir- able precedent which I am. not going to estab- DIVISION lish in this Assembly. I know of no instance in which closure has ,been accepted by the Chair 13. MEMBERS MUST NOT COME INTO THE during the midst of a speech and I do not want CHAMBER AFTER THE LOBBY DOORS HAVE BEEN to make a departure. I should like to add that, CLOSED even if all the other Honourable Members are on one side and the Honourable Member (Shri On the 24th September, 1928, during the course C. S. Ranga Iyer) is in the minority of one, the of a division on the Public Safety Bill, a Member Chair has a special responsibility to see that his came into the Chamber through the ante~oor

140 behind the President's Chair and approached the he says, is not ~ conversant with the Parlia- Secretary's table. The President pointed out : mentary etiquette and rules, I hope the House will allow me to accept the apology that he has "It is very wrong for the Honourable Member given. I cannot help feeling that the Honour- to come into this Chamber in this way. I think able Member's position is really such that every the Government should see to this. It is entirely one in this House must sympathise with him. wrong for Honourable Members to come He came to me this morning and told me that 'through another door after the lobby doors have he was very, very sorry that he entered by the been closed." ante-door after the lobby doors were closed, and I hope Honourable Members will say noth- The next day, after questions, the Member ing more about the incident." concerned expressed his sincere regret and apolo- gised to the Chair and the House, and the Govern- (L.A. Debates, p. 1383, 24th September, 1928, ment associated themselves in this expression of and p. 1389, 25th September, 1928). regret. The President accepting the same observed: 14. MEMBERS SHOULD NOT SIT IN THE VISITORS' GALLERY FOR ANY LENGTH OF TIME "I fully sympathise with the Honourable Member from Madras. Not only must he be On the 22nd Feb., 1927, a certain Member feeling because he was unable to vote, but also after making a speech went and occupied a seat he incurred the displeasure of the Chair and the in the Visitors' Gallery. Reference was made to House. But considering that the Honourable him in a subsequent speech and it was pointed out Member is quite new to this House, and as that he was sitting in the Visitors' Gallery. The

141 President observed : General in Council that he be pleased to convey to the Secretary of State for India its considered opinion that: "I take this opportunity of informing Honour- able Members that the Visitors' Gallery is (i) by according his sanction under section intended for visitors and that it is not desirable 129A of the Government of India Act to that any Honourable Member should go and the enactment of rule 17 A he has forfeited' occupy any seat in the Gallery for any length the confidence of this House and the country, of time." (ii) the part played by His Excellency Lord' (L.A. Debates, 22nd February, 1927, p. 1153). Irwin in the enactment of this rule is. highly reprehensible, and that,

LEGISLATIVE RULES (iii) Steps be taken forthwith to make this. House the master of its own procedure by 15. THE CHAIR HAS INHERENT POWERS TO DIS- empowering it to make and unmake it;;. ALLOW OR RULE OUT A MOTION ON THE GROUND own rules for the conduct of business." THAT IT INVOLVES AN ABUSE OF THE RULES The President doubted if part (ii) of the Reso- On the 3rd September, 1929, a Member (Shri lution relating to the part played by His Excellency S. C. Mitra) on behalf of another Member (Mr. the Viceroy in the enactment of the rule was Yusuf Imam) wished to move a Resolution in the admissible and allowed discussion on the point following terms : whether the Chair had the inherent power to dis- allow the Resolution on the ground that it involved "This Assembly recommends to the Governor an abuse of the fomsand procedure of the House,.

142 in the absence of any express power in that behalf. absurdities, I have no doubt in my mind that every The Government contended that under the com- occupant of the Chair of a deliberative assembly possesses and ought to possess, if he is to function bined operation of Standing Orders, the Chair as such inherent power to prevent the abuse of the should rule the motion out of order. On the other forms and procedure of that body. It is no doubt hand, it was pointed out that under the rules there true that these discretionary powers are liable to was no express power enabling the President to abuse, but for that the remedy is obvious. H the disallow a motion of that sort-though a speech occupant deliberately and grossly misuses or abuses these powers, the Assembly can remove him by on such a motion might be out of order. The a vote of no-confidence. The remedy does not lie President, however, decided as follows: in the direction of endeavouring by any rule or resolution to restrict or take away those powers. I am convinced that the Chair has got the inherent The question I have to decide is whether the power to rule a motion out of order on the ground part of the Resolution in question is in order. that it involves an abuse of the rules and proce- There is of course no rule or Standing Order which dure, and I have no doubt that this motion does gives the Chair express power to rule it out of involve such abuse. I, therefore, rule that part of order. At the same time there is no doubt that the Resolution out of order, and will allow Mr. the Resolution cannot be moved without referring Mitra to move the other parts of the Resolution." to matters which have been prohibited by Standing Order 29. In fact the only matters that could be relevant are those which come under prohibition. But before allowing the Member to move his I am convinced, therefore, that no debate is possi- Resolution the President suggested that Govern- ble on this motion without wholesale infringement ment might inform the Assemb~ of their attitude and abuse of the Standing Order in question, and yet I would be bound to admit the Resolution and in regard to proposals for the amendment of the put it to the vote of the House if I had no in- rules in future and after Government had stated herent power to rule it out. This would result in their position agreeing to bring before the House

143 all important alterations in the Rules before sole director of its procedure, and I feel that no reporting them for sanction of the Secretal1Y of useful purpose would be served by discussing or State in Council, the President observed : recording a vote of censure against the Govern- ment of India or the Secretary of State for not consulting the Legislature in regard to this parti- "To put it briefly the attitude of the Govern- cular amendment, because, so far as I have been ment i~ that henceforth. in all matters of impor- able to gather during my experience of four years tant amendments of rules, they would consult the in this Chair, what the Assembly wants i'J not Legislative Assembly before they submit their pro- merely the right to be consulted, but full power to posals to the Secretary of State, except in cllse of make and unmake its rules of business, irrespec- emergency, and the Assembly is not in Session at tive of the Government of India or the Secretary the time. In that case they reserve to themselves of State. They are not going to be satisfied witfl the right to approach the Secretary of State with- the right to be consulted, but what they are con- out consulting the Assembly. Such cases, accord- cerned with is the main thing, namely, the right to ing to them, would be very very rare and excep- make its own rules and unmake them. That being tional. That being so, one point the Honourable so, I am clearly of opinion that no useful purpose Members have gained, namely, that henceforth would be served by discussing this vote of censure they would be consulted before any prop-'Sal con- on the Secretary of State and the Government cf taining an important amendment of the rules is India. Honourable Members are also aware that taken up. the whole of the Government of India Act, every rule and resolution made under it are in the melt- ing pot and who knows what is going to come out The further question proposed to be discussed of it. This particular rule, which has been recent- by the Honourable Member from Bengal really concerns the President no less than the House, ly sanctioned by the Secretary of Stat~. is also in and by common consent, you have appointed me the President, what the self-respect and the dignity as the custodian of the rights and privileges, of of this House demands, and if any occasion arises, the honour and prestige of this House and the I hope it will not arise, when it is necessary that

144 I should fight for the liberties of this House and On 26-1-1926, a Member (Shri T. C. Gos- the dignity of the Chair, I hope Honourable Mem- wami) commenting in the course of a speech upon bers have sufficient confidence in me to believe that I shall rise to the occasion. I therefore trust the conduct of a judicial tribunal- that the Honourable Member from Bengal will accept my advice and not raise this discllssion at The President ruled that no comment this juncture." reflecting upon the conduct of Judges were The Member (Shri Mitra) accepting the sugges- permissible whether the case was pending or tion of the President did not move his resolution. disposed of but that criticisms of judgment were permissible in so far as they were possible (L. A. Deb., pp. 154-163. 3rd September, without reflecting on the conduct of Judges. 1929). (L. A. Deb. pp. 278-79, 26th January, 1926) 16. PRESIDENT IS THE SOLE JUDGE OF ADEQUACY OF SECURITY MEASURES WITHIN THE PRECINCTS (See also p. 4670. 19th September, 1927; p. 588. OF THE LEGISLATIVE ASSEMBLY 11th September, 1928 and p. 1822. 12th March, 1929). (See the article "Development of Parliamentary Conventions under President Patel" pages 117-118). 18. MEMBERS SHOULD NOT SMOKE IN THE CHAMBER 17. REFLECTIONS ON CONDUCT OF JUDGES NOT ALLOWED BUT CRITICISM OF JUDGMENT On the 18th Feb., 1928, the President noticing PERMISSIBLE a Member smoking in the Chamber during a

145 sitting of the Assembly, remarked : in order in lighting a cigarette in the Chamber.'~ "It is a very bad precedent that Honourable Member is setting up in this House. He is not (L. A. Deb, 18th February, 1928, p. 505).

146 APPENDIX-II

PROCEEDINGS OF THE BIRTH CENTENARY CELEBRATIONS OF LATE SHRI VITHALBHAI PATEL HELD ON 18-12-1973 IN THE CENTRAL HALL OF PARLIAMENT, NEW DELHI CONTENTS

Speeches of- PAGE

,,1. Dr. G. S. Dhillon, Speaker, Lok Sabha 151 v2. Shrimati Indira Gandhi, Prime Minister 155

v 3. Dr. Govind Das, M.P. 158 4. Shri Dasaratha Deb, M.P. 159 5. Shri H. N. Mukerjee, M.P. 160 6. Shri Jagannathrao Joshi, M.P. 164 7. Shri Thillai Villalan, M.P. 1 65 8. Shri Shyamnandan Mishra, M.P. 167 9. Shri H. M. Patel, M.P. 1 70 10. Shri Madhu Dandava'te, M.P. 173 11. Shri P. G. Mavalankar, M.P. 176 DR. G. S.DHILLeN (Speaker wk Sabha) marked him out.as one of Our great leaders.

Madam Prime Miirister and Honble It is hardly necessary for me on this occasion to Members of Parliament, dwell upon Vithalbhai Patel's life and career, of which, I am sure, we are all well aware. Yet, I feel, my tribute to him will not be complete, unless I mention some notable facets of his many-sided I deem it a great privilege to have this opportu- life, which distinguished him as a great man whom nity, along with other colleagues, to pay tributes the nation and posterity will forever remember to the iheniory -Of the late Shri Vithalbhai Piltel, with pride and gratitude. whose birth 'cerltenary we are now celebrating. This day must surety raIikas a unique and memo- Vithalbhai was elected to the Imperial Legisla- rable occasion. For we are gathered here to tive Oouncilin 1918, and it did not take long for remember a mail who 'earned Wide admiration and Members of the House to feel the impact of his esteem, not only 'as an outstanding Parliament- forceful personality. In 1924, he entered the arian, but also as {)ne noted for his fervent 14tdian Legislative Assembly aad became the patriotism aM -devotion to just causes. Deputy Leader of the Swamj 'Party, whenPaRdit MoUlaI Nehru was -the Leader. It was in 1925, With an honourable record of long and that -he had tbe unique'disUnGtion of beiQg the Drst dedicated service, Vithalbhai enjoyed it replltation elected President of tIJe CentRal Assembly on the second to nOD. His ·1e1ldiog role in national retir6lBellt ()f Sir 'F~eRck Whyte, -a Member of affairs, his 'e~ioftal -abilities and ,rioo-andv8ried the House of COJDRlOU6 who wasllOlDinated,as experience, 'and his selftess -pursuit of high ideals the President. Also, he was.the first Iadian to

151 have ascended to that exalted position. He One of the essential pre-requisites of an ideal continued to hold this office till 1930 when he Presiding Officer is that he must have a deep- resigned to participate in the freedom struggle. seated reverence for the institution of Parliament, a sincere respect for its traditions, and an unshak- Whether as a Member of the Imperial Legisla- able faith in democratic Parliamentary govern- tive Council, and of the Indian Legislative Assem- ment. Vithalbhai fulfilled these requirements in bly, whether as the President of the Legislative ample measure. During the entire term of his Assembly, or, later, as a leading fighter for the Presidentship, he strove to establish and maintain country's independence, Vithalbhai went on adding the dignity of the Chair and preserve the decorum one laurel to another. The key to this outstand- of the House. A great and uncompromising demo- ing achievement lay in his rational and pragmatic crat as he was, he completely identified himself approach to politics and his eagerness to serve the with tnt! spirit of the House. In fact, he regarded right cause in a truly democratic and patriotic himself and the House to be inseparable. In the manner. interpretation of the rules and orders of the House, Vithalbhai was ever mindful of his special res- Soon after his election as the President of the ponsibility as the custodian of the rights of the Legislative Assembly he assured the House that he Members and independence of the House against was fully conscious of obligations of his office and official encroachment. that he would do his best to live up to the image -of an ideal Speaker. Needless to add, this pro- If it came to upholding and enlarging the dignity mise he scrupulously kept all along by displaying and authority of the Chair, Vithalbhai did not 'Strict impartiality and undaunted independence in hesitate even to come in conflict with the Govern- his dealings with all sections of the House. ment, if the circumstances so warranted. His

152 casting vote against the first Public Safety Bill was matters involved in the Bill were sub ;udice. This in keeping with the highest Parliamentary tradi- led to a new Legislative Rule being promu1gated tions. Vithalbhai decided to vote against the by the Government, which barred the President motion, for he believed that the Government, from refusing to put any motion to the House. having failed to secure a clear majority in its Following strong protests in the House against favour, could hardly expect the Chair to give its the promulgation of the new Rule, Government casting vote in favour of the motion. had ultimately to agree to a convention being established that, except in certain exceptional The other, more famous, ruling given by cases, the Legislature should be consulted before- President Patel was on the second Public Safety any important change was made in the Rules_ Bill. When a motion for consideration of the President Patel's ruling would thus find an Report of the Select Committee on the second important place in the annals of the Indian Public Safety Bill, which was meant for suppres- Parliament, for it related to one of the most impor- sion of liberties and aspirations of our people for tant functions discharged by him as Speaker. It freedom-the national and fundamental demand asserted the inherent right of the Chair to decide- of a nation justly proud of its past and struggling whether a motion was in order or not. It was also- to regain what it had lost, was moved in the mainly due to his efforts that an independent Legislative Assembly, President Patel ruled the Secretariat was created for the Legislative- motion out of order on the ground that it would Assembly. deprive the opposition of its legitimate right to While serving in the Legislative Assembly, real and reasonable debate. President Patel had Vithalbhai had not forgotten for a moment his· taken the view that free and full debate on the primary role as a fighter for the country's freedom. Bill was not possible so long as many of the When the movement of non-violent non-coopera,

15~ tion and civil disobedience initiated under the which were so clos~ alld dnr ta bis heart. If leadership of Mahatma Gandhi got into full swing, ever a man deserved gratCtfuI recognition of his he lost no time in deciding that as his proper plaee countrymen for selfless servic~ to the nation, was with his countrymen he should stand shoul- Vithalbhai was indisputably one. The later der to shoulder with them and not stay any longer Presidents and Speaker who followed him were in the Chair of the Assembly. He resigned from always conscious of the great traditions he had the Presidentship and Membership of the Assem- set up. Personally I feel proud that I, like my bly in April 1930 and pledged full support to predecessors, had had the luck and privilege to sit Mahatma Gandhi. His arrest and imprisonment on tQat Chair which st~Qd,s witness to his Patrio- soon followed his resignation and association with tiiJ». scholarship and his lJlatw-e handling of the non-cooperation movement. situations against the mighty aritish Imperialist In Vithalbhai Patel we had a freedom fighter forces. I am sure it will be a source of inspiration with burning love for the country and a Speaker an4 g\.lidance to future Speak-ers aDd Members. who was truly worthy of the burden and trust of his office. He held this office with distinction and To my mind, we would be paying the best a sense of devotion. His vision and adherence tribiJ1es to his memory by r~~g the pledge to to principles, bis grace and dignity, his under- uphold the traditions that be ~stablished during the standing and fl'YMpat1ty added a new lustre to the ~J"ie.\.I$ years he adorned offl,ce of Speaker of this high office he held, and earned for him the a1igll$t House. It is D}Y b~ief tbat the valuable aftection and adair.tion of all sections of the c.ony~tions and precedents set by him would House. c.ontiaue to ~e as a beaco.e to ,(;).u£ l~islators for Vithalbbai', birth centenary is just the occasiOll a wn,s tinl~ ~ CAiWle. when we oould Eeded¥:ate eurs.elves to the cauSes Thank you.

154 SHRIMATI INDIRA GANDID (Prime the one decade during which the Central Assem- Minister) bly had stalwarts like Lala Lajpat Rai, VithaIbhai Patel himself, Motilal Nehru and Madan Mohan Mr. Speaker, distinguished Members of Malaviya, the House battled with an alien regime, Parliament, and into that one decade were packed the battle- and victory that the British Parliament had fought. over two to three hundred years.

It is a privilege to be associated with this func- The Speaker has already given a vivid account- tion for we have gathered to honour one of the of VithaIbhai Patel's achievements as its President. greatest parliamentarians that our country has How he extracted an expression of regret from the- produced, one who made history as President of then Commander-in-Chief, how he closed the the Central Legislative Assembly. To him we galleries for two months in order to establish the- owe many of the traditions and conventions by Speaker's supremacy over the Assembly precincts,. which this House governs itself and the high how he insisted on Sir John Simon calling on reputation our Parliament enjoys as a defender of him-these events thrilled the nation when they freedom and personal liberties. happened, and they occupy a place in the history- of our nationalist struggle. It is sometimes believed-although wrongly- that by adopting the parliamentary system from I should like to refer to another aspect of the West, we automatically inherited all the rights Vithalbhai Patel. A biographer of Vithalbhai and prerogatives implied by it. But in truth, Patel describes the qualities which made bim an- these rights were not won without a struggle. In outstanding parliamentarian and I quote: "Hard'

155 ·work and day-w-day preparation; a deep study of politics, but in matters of social reform he was far the country's economic and political problems and ahead of his contemporaries. From the earliest ·a rare mastery over detail; a sharp intellect rein- times he opposed the caste system. When his forced by eternal vigilance on behalf of public father died in 1910 he boycotted the dinner which interest; a constructive approach backed by in- his own family gave for their caste. He was one of fOJ:med and fearless. criticism. a high sense of res- the few who worked for removal of untoucha- ponsibility and loyalty towards one's consti- bility even before Gandhiji came on the scene. tuency." These are indeed high virtues! yet they do not bring out his outstanding qUality: his Vithalbhai Patel had an integrated social philo- defiance and daring. These are. significant when sophy : he was on the side of the underdog and we remember how very different. were the cir- the deprived. He was one of the earliest cham- cumstances of parliamentary life, indeed of all pions of trade union rights in our country. As aspects of life, in those days under colonial rule. early as the twenties, he advocated the socialisa- tion of the steel industry. He also realised the I think Vithalbhai, Patel would have liked impartqoc.e of establishing links with the labour posterity. to salute him. not merely as a parlia- movement in England and in Europe, me.otar1an but, as., a relentless, rebel-a rebel who defied foreign rule and a)sQ equally defied;· the He had always admired the tactics of the Sinn outomoded customs in his own country. Fein movement of Ireland, and believed that freedom, should 'be won by whatever means. A Vithalbbai's father had taken part in the Great littlebefDre:his death, far from the motherland, he Ri~ng of. 1657. The son remained a lifelong issued. a ,statement jointly with Subhasb Chandra. fighter for freedom. He began as a Moderate in, Bose calling, upon. the countr.y to, give up the path

156 of non-violence. As someone has said, he remain- its flames, and it will consume many more of ed "a lone star" apart from the constellation, India's sons and daughters. But the cause Although he accepted Mahatma Gandhi as his remains, the fight continues and shall continue political leader, somehow he never could reconcile until the goal is reached." himself to Gandhiji as a saint. Unlike Motilal Nehru or his own brother Vallabhbhai Patel or Now, forty years after Vithalbhai Patel's death lawaharlal Nehru he refused to yield to Gandhiji, and with the goal of political independence rea- and that was one of the reasons for the numerous ched, the old controversies are stilled but there controversies which raged around him. Even his always will be need of people with sturdy indepen- will, in which he bequeathed his property to the dence of mind, with adventurous hearts and with national cause, became a matter of bitter contro- the kind of scepticism which marked Vithalbhai's versy and was taken to the courts. special brand of humour.

At the time of Vithalbhai's funeral, Horniman Today we honour a great parliamentarian, a described him, and I quote, as "a man much political fakir of inflexible will, a patriot who saw misunderstood in life, even by those with whom a great dream for India with a proud place in the he worked with never-failing loyalty in the family of nations, a rebel who enjoyed a fight and country's cause; misrepresented sometimes even who breathed the fire of freedom. Here, in this by his own countrymen and maligned by his Parliament, he looks down at us with unwavering enemies." gaze. Any Parliament and any country would be proud of this awe-inspiring patriarch and prophet. My father called him a warrior who battled for India's freedom, saying, and I quote : "The cause It is a privilege to join in paying this tribute to of freedom has consumed many brave warriors in him.

157 $T 0 ,,~~: m:.1:Te'f m, ~ lTiT, ~~ I 1923#m:~ ~c'fiT~~ ~ ~f~m,~~h:~, fr f~ ~ m 1f; f~ ~ ~ ito -{iTRrft ~ ~ I ~~) ciIif« f~ m#r arnr ~ ~ 'fiT mlR 1l" ~ ~ ~ mer ~ I ~ sn

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159 Legislative Assembly he discharged his duty as Parliament and myself with the homage that is the custodian of the rights and privileges of the being paid this evening to the memory of Vithal- Members of the House and also asserted control bhai Patel. We in Parliament have particularly a of the President of the Assembly over the pro- pious obligation to cherish his memory and I ceedings of the House. A biographical sketch of remember distinctly how in the first Parliament late Shri Vithalbhai Patel has given a brief account when Speaker Mavlankar was elevated to the of his activities as legislator, as President of the Chair some of us had occasion to point to the Assembly and also as freedom fighter. I do not portrait of Vithalbhai Patel and to say that the propose to take more time here in making a long Chair could follow no grander traditions than speech on him. I only want to say one word those laid down by Vithalbhai Patel. more that this sort of birth centenary of a Parlia- mentarian like late Vithalbhai Patel deserves to I feel, however, that we think of Vithalbhai Patel be celebrated by Members of Parliament and I only as an outstanding parliamentarian which he am happy that Members of Parliament are cele- must have been but also as a man who had brating his birth centenary today. devoted his life and his talents to the struggle for Thank you, Sir. the freedom of our country. Like all sensitive people of his time he was drawn into the vortex of that struggle and with his kind of militant temper it was natural for him to gravitate into the Home SHRI H. N. MUKERJEE: Mr. Speaker. Rule Movement, than into Gandhiji's orbit and to Madam Prime Minister and friends, be living the life which in now a matter of history. I think for certain historical reasons his younger I associate the Communist Party of India in brother, the Sardar of Bardoli, is perhaps today

160 better known but in our young days V. J. Patel make the legislatures another forum of national that was the designation with which he was struggle. It was in that period when the Swarajya familiar was a very much better known personality, party had come with the blessings of the entire and I remember having read and heard about his Congress movement and the differences were activities as one of the leading lieutenants of patched up. It was at that period that Vithalbhai Mahatma Gandhi at a period of time when even Patel's talents were seen to the best advantage. He could do so many things like the setting up of though Mahatma Gandhi was undoubtedly the an independent Secretariat even in the inhibited predominant figure on any computation, there conditions of British rule, not merely because he were people like Chittaranjan Das, Motila! was outstanding as a debator, a person who could Nehru, Hakim Ajmal Khan, Vithalbhai Patel and play the game of parliamentary politics as well others whom I need not name, Who could stand as or better than his British compeers, but he had up to him in a manner which really gave a tone the sanction and the backing of the national move- to political leadership in our country which was ment behind him. It was no easy job in those magnificent. He was one of the stalwarts of our days, for instance, to have a quarrel with the national movement and that is how, I think, he Viceroy and Governor-General who was the boss ought to be remembered, and not merely as an of the entire show. outstanding parliamentarian. He went into Parliament-and the Legislative Assembly of those days hardly could be glorified by the name Vithalbhai Patel succeeded as Pre~ideIit of the of Parliament-because the national leadership Legislative Assembly Sir Frederick Whyte, who had decided that the struggle had to be taken right was constitutionally, absolutely, proper and weU- into the enemy's own citadel, so that by consis- behaved and all the rest of it. However, Whyte tent, persistent and insistent obstruction, we could never asked for an independent Secretariat for the

161 LegISlature. But succeeding Sir Frederik Whyte, a verdict against communism as subversive of Vithalbhai could ask for an independent Secre- society and, therefore. at the same time, you tariat, because he put the whole matter in the set· cannot have legislation the discussion of which ting of the developing national movement, because would naturally impunge upon the prerogatives the Central Legislature would not remain the kind of the judiciary". He could do so because in of petty debating club that it was, but it would those days, we had a united national movement grow into the Parliament that we have in our coun- and that is why, the Meerut Conspiracy accused try today, the forum of the nation. This was the could be defended by leaders of the Congress basis of his approach. He was associated with Party and that Jawaharlal Nehru and other people the national movement and participated in it to could come forward in order to organize assistance the end of his days. He gave to the struggle for for the defence of the Meerut Conspiracy case. our country's freedom all his talents and all that he possessed. When the time came in 1930, he threw up his job and joined the national movement, and as he It was no easy job when he ruled from the Chair had done before in 1920-21, he went to jail. I that the Public Safety Bill could not be discussed discovered in one of the folders distributed by in the House because the Government had just Parliament Secretariat that, he said, 'I have got launched the Meerut Conspiracy case, where the as former Speaker, my peerage and my pension, Communists, trade unionists and other democrats which is my sentence in jail'. That was the kind had been all prosecuted together and the Govern- of man that he was. And then he went abroad. ment was trying to prepare a case against propa- His last days were not particularly happy, but he gation of communism in this country. And he was a man with militant temper. He was then ruled: "You have gone to court in order to secure sick iA body. He wanted medical treatment, but

162 I am sure, he did not go abroad merely for that. get hold of the money involved in that legacy. This country could also provide him medical treat- That apart, he was a man, who had a mind of hi~ ment, but he was sick in soul also. I remember, own, who could fight independently, who could he then wrote some letters to the leadership. He stand up against Gandhiji, but at the same time joined hands with Subhas Chandra Bose abroad knew very well that Gandhiji was the greatest in Vienna or somewhere else, wrote some letters, tribune of our people. He represented in high because he was unhappy about certain happenings office the majesty of our peoples greatness, he was among those responsible for bringing about in that rather confusing period between 1932 and their resurgence and he devoted himself, heart 1934, when the national struggle had come to a and soul to the cause of the freedom of our sort of dead stop and when nothing was in sight. country. He died as an unhappy man, but to the end of his days, he was sure, as sure as the sun rises to- morrow, that the country would be free. He had I remember and salute him not merely as a made up his mind about giving his life and all that parliamentarian, whatever that might mean, but he possessed for the sake of freedom. He made as a great patriot, who was an outstanding parlia- friends with Subhas Chandra Bose and dared do mentarian in his own way. He was a great so even facing some obloquy from his colleagues patriot, he fought for the freedom of this country at home, because he had a militant temper all the and that is why, we should remember and salute time. Even in his last will and testament, he left him. a legacy for Subhas Chandra Bose. Some petty minded people in India had tried to contest that I am only a little grieved, but perhaps because will and possibly Subhas Chandra Bose, as long of his younger brother also being a particularly as he was functioning in this country, could never distinguished person, the memory of Vithalbhai

163 Patel had got rather pale and people think of him ~ ~ *iN Cfill1 fcf;

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165 the golden pages of life of Shri Vithalbhai Patel, belong to no party. I belong to all parties. I curse myself for having born late~f course it I belong to all of you ...... " is not my fault-because I missed so many memo- rable incidents that took place during his life This is the basis of parliamentary democracy which I could not witness. We also feel proud he had started. to know that Shri Vithalbhai Patel is the first elected Speaker of Parliament. When I read the Sir, by way of paying homage to the first and pages of his life sketch, I came to know how the best parliamentarian of our country, on behalf he conducted the election and also how he won of our party I want to say a few things about his the election by sheer majority of two votes. But achievements as a Speaker of Parliament. After after he became the Speaker of the Assembly he became the Speaker of Parliament he first when he made the first speech, we could know abolished the ceremonial function performed at how impartial he was while conducting the the time of Viceroy's entry into Parliament and business of the House. On his election to the the Governor General addressing the House. He high office, while replying to the words of wel- also abolished the system of vacating the Chair ~ome extended to him, President Vithalbhai Patel and offering the same to the Viceroy who would ·observes! : then address the House. He followed the prac- tice of first occupying the Chair himself and "In the discharge of my duties, I shall, I then asking the Viceroy to address the House. assure you, observe strict impartiality in He also changed etiquette or the manners fol- dealing with all the sections of the House, lowed by the Speaker and he also changed the irrespective of party considerations. From system of dressing that was followed by the this moment I cease to be a partyman. I Speaker. He refused to wear wig and also

166 the gown but he wanted to wear the dress in ~ :$41 .. "" .. (("" ~: ~ji:gofl4 3;ff:l(e:f ~, pure Khaddar. I read from his autobiography that for preparing the gown, he was given a sari 1>I1<:(On41 srmrr 1{~r;;ft ~ 1>1 I<:(on 4 ~, ~ ~ by Shrimati Sarojini Devi. Such a way he chan- ~ omr ~, fu;fT omr lfTf.rli f.li l{0 ~ ~ ~ ged even the dress. ~ ~ f.li 1>Inf ~ f.mrIse ~ t:qOO.q ~ mtm rn 'fiT ~ ~r firm ~ I ~ m ~ ~ I' em discipline-Shri Vithalbhai Patel also gave a ~ .q ~~ ~ ~ ~ f<4!/QI'Aw:4i{l ~ m ~ f.li gospel, that is impartiality to the entire citizens of this country to follow parliamentary demo- ~

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170 took active part in the freedom struggle. poor and down-trodden among whom he inclu- Vithalbhai is probably not remembered today by ded the agriculturists whose lot he was through- the modern generation, although he was unques- out his life most anxious to ameliorate. In this tionably one of the truly great men who strode, way he was able to help the regeneration of the across the national stage fearlesslv and seUlessly. country as a whole. He learnt the value of the Vithalbhai was a lone fighter. Even though he agitational method from Dadabhoi Naoroji. But had joined the Congress and sincerely respected the content of agitation is his days was vastly and indeed revered Gandhiji, he was always a different from what it is today. Speaking from suspect. Unlike his great and illustrious brother, the public platform, writing to the Press, and he never hesitated to question the party policy, working in the legislatures were the three then if he felt it was not the right policy. To him time-honoured methods of agitation. He decid- Gandhiji's word was never the law as it was to ed to secure the membership of the Legislative his brother and to a vast majority of his country- Council, Bombay, first, for he felt that from that men. He accepted only that which his reason membership, the other two methods could best was prepared to accept. It was this quality of his be utilised. And he was indeed a most effective which made it difficult for him to function as a member of the Legislative Council in Bombay good partyman but which also made for his and later in Delhi. And through these he con- success as a parliamentarian and as a speaker. ducted his campaigns for the country and against the government. Very early in his life and particularly after he left legal practice and took up public work in Throughout his legislative career, he was always right earnest, he took the decision to make it well prepared and his utterances were always his life's mission to ventilate the grievances of the thorough and cogently argued. The Government

171 invariably found him more than their match, and stickler for form and for correct behaviour at except when he presided over the Legislative all times. It is because of the impartial treat- Assembly in Delhi, they indeed valued his parti- ment that he meted out to the government bench- cipation for his attitude and outlook were invari- es and opposition alike that he was able to, ably constructive. As a speaker, of course, he was whenever necessary, call upon senior dignitaries a thorn in their side. He was an outstanding of the government unhesitatingly to comply most speaker. Whatever he achieved was achieved rigorously with the rules of the House. He firmly against heavy odds. He almost invariably triump- believed that on the observance of the rules hed over his opponents, the highly placed and depended the safeguards of democracy and demo- powerful bureaucracy and when he found he had cratic behaviour. A great parliamentarian that made a mistake, he readily accepted it and made he was there is much that we may learn from amends. His triumphs were not for himself per- him. sonally but for the dignity of the House and for the rights of the Opposition. He had made him- I have no doubt our distinguished speaker must self a master of the rules and procedure of often have sighed longingly for the atmosphere of democratic assemblies and within the limitations Vithalbhai Patel's days, stormy as they often of those days, in particular in the face of an were, when members on both sides of the House immoveable government, what he was able to believed in conducting themselves with dignity achieve was indeed remarkable. and decorum, even when the speaker's rulings went against them, or displaced them. I wonder what he would have thought of the lack of formality with which many of us tend to We today live in an atmosphere in which as behave in the House today, for he was a weat happened only today a mem~r asked the Speaker

l7~ to direct members to comply with the rule which SHRI MADHU DANDAVATE: Mr. Speaker, requires them to remain seated when the speaker Madam Prime Minister and the Members of the is on his legs, and the speaker had to point out Parliament, gently to the member concerned to practice com- When I came for this evening's function, I plying with the rule himself first. found a strange coincidence of the arrangement of portraits on the wall. We have Gandhiji's We as members of Parliament may with justifi- portrait at the back, we have Lokmaniya Tilak's cation take pride in the fact that men of such Portrait on the right and we have Vitbalbbai eminence as Vithalbhai Patel and G. V. Mavalan- Patel's Portrait here at the centre. This is an kar have presided over our deliberations and have aesthetic expression of the political reality that conducted them with such competence, fairness late Vithalbhai Patel was a bridge between the and firmness and have laid down such sound Tilak era and the Gandhi era. He symbolised the rulings and evolved such conventions that despite best of the values of both these leaders and he many shortcomings, of course, our Parliament reconciled those values in his own way in his life. has come rightly to be regarded among the best Vithalbhai Patel was a great stalwart of our ~ regulated democratic assemblies. dom struggle and our democratic life, when I refer to his democratic life and his participation in the democratic life, I want to draw your atten- It is well that we are honouring so great a man tion to the fact that both at the gross-root level today. and also at the apex, he participated in the

J73 experiment of democracy. Many of us have other dignitaries had to get down and sit with forgotten that just as he was the first President of other Members of the Parliament. But here was the Central Legislative Assembly he was also the a towering personality who said, "I do not come first citizen of the great City of Bombay. I, here only as an individual of Vithalbhai Patel, coming from the City of Bombay, take great pride but I represent the sanctity and dignity of Parlia- in finding that Vithalbhai Patel was the first mentary democracy and even the Viceroy has to citizen of our City and he made a valuable contri- pale into insignificance before the dignity and bution to the democratisation of the Municipal decorum and the great traditions which the Corporation in Bombay and those traditions of Speaker and President of the Assembly carry with that great august body are carried forward today. them." It is these traditions that are carried for- Very often, about parliamentarians, it is said that ward today; these are the great traditions which if one has the best eloquence and if one has the we have to carry forward. best intellectual integrity, one is supposed to be the best parliamentarian. But, it is forgotten that along with intellectual calibre and clarity of I am also reminded of the fact that he occupied mind and democratic temper what is needed is the highest office of the President of the also fearlessness, fearlessness even before autho- Assembly at a time when great luminaries of our rity. He set certain traditions. Today, we find parliamentary life were also Members of the that in our Joint Sessions, when President address- Parliament & Members of the Legislative Assem- es the House, the Vice-Presi jent and Speaker are bly. When Vithalbhai Patel was occupying the presidential post in this Legislative Assembly, also seated OJ:! the same rostrum and dais. But, towering men like Pt. Madan Mohan Malaviya. remember, there are traditions behind th:lt. There Motilal Nehru and great men of calibre like was a time, when Viceroy came to the Hall, all Setalvad and Jinnahl all of them were Member:)

174 of the House. When 1 look at that composition both add to the beauty of the sky. It is the lotus of the Legislative Assembly, I am very much that adds lustre to water and it is the lustre of reminded of a beautiful poem in Sanskrit. He water that adds shining glory to the lotus; and was a great parliamentarian, a towering person- it is the lotus and water that add a new beauty ality occupying the Presidential Chair in the to the lake as a whole. Similarly, in the same Assembly, and great luminaries of our parliamen- vein and in the same emotional strain I can say tary life were occupying the Chairs in the Parlia- that as far as Vithalbhai Patel and great lumi- ment. They added to each other glory and naries like MotHal Nehru are concerned, great dignity. When I look at this picture, I am Vithalbhai Patel added to the lustre of those great reminded of a beautiful poem in Sanskrit. luminaries of the parliamentary life and they in tum added to the glory and the dignity and the wfw;n-:q form f.1Wlfr :q wfw, prestige of President, Vithalbhai Patel; and both Vithalbhai Patel and MotHal Nehru and alI other wfu;rt f~r:q rcnnfij";:rw: I dignitaries of our life, together added glory to ~ ~ ifi~ 1flI":, the Parliament. q"lffil" ~ fCNTftr ~: II That glory is being carried forward today. This is the real tradition and this is the glory of The beautiful poem says : Vithalbhai Patel; and I think it is this that we have to carry forward. I have not the least doubt that these traditions which have been laid by Vithalbhai It is the moon that adds to the lustre of night and Patel. will be carried forward in the atmos- it is night that adds to the lustre of moon and phere of freedom in which we are living, and also

175 in the atmosphere of our democratic life. If that SHRI P. G. MA VALANKAR : Esteemed Mr. is done, that is really the tribute that can be paid Speaker, Esteemed Madam Prime Minister, other to Vithalbhai Patel. Esteemed Elders, and other Distinguished Mem- In the end, I will only say this much that no bers of Parliament, memorial of Vithalbhai Patel can be built,- statues of bronze or of marble. If there is to be I think. when we have assembled in this Hall, one memorial-and that memorial will be a last- historic as it is, this evening, we are celebrating ing memorial of Vithalbhai Patel-that memorial a truly great and significant occasion. We are is the survival of a democratic way of life in our saluting a person who was great in many ways, a country and the institution of parliamentary born Parliamentarian, an undaunted patriot and a dedicated public worker. It is such a man that democracy in the country which, amidst all our we are saluting today and we are renewing the differences, has survived the trial and test of our pledge that we shall carry forward the torch of time. When there is an encirclement of so many independence and integrity in pubilc life and in types of dictatorihips in Asia, it is India that has parliamentary life, which the late President preserved parliamentary democracy and so long Vithalbhai Patel did so much to illumine when he as the Parliament of free India survives and the was the President of this august House. parliamentary institutions survive, there shall sur- vive the memory, the shining memory of Mr Speaker, Sir, you are aware that President Vithalbhai Patel. That alone can be the real Patel fought for independence and supremacy of tribute to the memory of Vithalbhai Patel. Parliament at a time, when things were adverse

176 and indeed. at a time, when there was neither a level or at the State level. responsible nor a responsive Government. But, he could carry out his mission not only because Sir, in conclusion, May I, with your permission, he had· great faith in Parliamentary democracy, read out a short paragraph from a very interest- but. he could carry out his mission because he ing and studied book, entitled 'The Office of the was fearless; he believed in the people's welfare Speaker', by one Mr Philips Laundy. He says this and in the people's. faith in democracy. Of about our great Vithalbhai Patel. I quote: course, he was, first and last, a born free indivi- "Since Vithalbhai Patel had been elected by dual. He prized his freedom and he prized the the Assembly in opposition to a Government people's freedom. nominee, he was able to claim that. he was responsible to the Assembly and to no other He had foremost and fervent faith in Parlia- authority. He asserted the complete inde- mentary institutions to carry forward people's pendence of the Chair from the infiuence welfare. He was also independent and upright; of the executive, and although he frequently unbending in principles and in the values of demo- came into conflict with the Government cracy. What is most important, Mr Speaker, in the process, the principle was conceded Sir, President Vithalbhai Patel stood erect in the before his tenure of office came to an end face of executive arrogance of those days. in 1930. He made some impressive gains during his occupancy of the Chair ..•. He It is these qualities which we admire in him, successfully asserted the authority of the and it is these qualities. even in the changed President of the Assembly over the main- circumstances, we wish to continue to admire, in tenance of order and security within the our Parliamentary life. whether at the Federal precincts of Parliament and he demanded

177 that the staff of the Legislative Department comparison with any Speaker anywhere in the should be brought under the direct tontrol world. of the President." With these words, May I say that let Vithalbhai Sir, while I conclude, I want to salute once Patel's great and sacred memory inspire us to again and I want to tell you, Mr Speaker, Sir, walk on our path with independence, integrity, how greatful I feel today in being able to stand as also with utmost humility. before this distinguished audience of prominent elders to pay my respectful homage to India's first elected greatest President, who would stand Thank You.

178 CORRIGENDA TO '~ithalbhai Patel Birth Centenary 1973- A Souvenir"

Page CoL Para Line

(iii) Last line After Parliament Insert 'House' 13 2 15 -For 'Notes' R!;ad 'Noes' 16 2 21 For iForesightendness Read 'Foresightedness' 21 2 9 After 'held' ~ 'in' 21 2 10 After 'Delhi' Insert 'in' 25 1 21 After 'elected' Insert 'to' 53 1 7 For 'pricincts' !!.!!! 'precincts 54 2 5 For 'Federick' Read 'Frederick' 60 1 13 After 'authority Insert 'of' J,..07 2 9 !.2!. 'question l E&4d. 'questions' 111 1 3 ~'Sugegstions' ~ 'Suggestions' 139 2 6 For 13-15' Read ' 112-115' 139 2 13 For '17-22' Read ' 13-16'

147 Appendix II Last line After 'Parliament I Insert 'House'

151 1 2 3 For 'non' Read 'none' 156 1 2 5 -E.c.r. 'outomoded' ~ 'outmod~d 169 2 10 ~ \1.N ~N ~) ~+rf1JT ~ ij"N ij"N 9ft~~ ~+rfvT ctT ~ "4t i