Musings on the Constitution-XXXV Narasimhan Vijayaraghavan

Musings on the Constitution-XXXV
Narasimhan Vijayaraghavan

“….. Whether we worked together or differed, we had a certain regard for each other and tried to carry out our work with that respect which is due to people even when they differ. It had been my privilege to work with him in Government for a number of years and then. later when he left the Government in opposition …. We differed sometimes very deeply on many issues and we agreed too on many issues and it is a matter of peculiar regret and grief to me that in the last days of his life an occasion arose on which tnere was very considerable difference between him and me. However .. …. we are deprived of the personality who had played such a notable and great part in the country and who was after all fairly young and who had a large and good stretch of years before him. But that was not to be”

That was Jawaharlal Nehru’s handsome tribute to Dr.Syama Prasad Mookerjee, founder of Jan sangh, and godfather to the present ruling dispensation.

In Lok Sabha, mourning the unexpected demise of Dr. Syama Prasad Mookerjee, the then Speaker, Shri G.V. Mavalankar observe
“ He was one of our great patriots and his services to the national cause have been equally great. The situation in which he passed away is tragic. It was God’s will and who could help otherwise?…. His ability, sincerity, the masterly manner of handling his subject, his eloquence were matchless”

Born on 6th July, 1901 in Calcutta, Syama Prasad inherited a rich tradition ‘of erudite Scholarship, fervent nationalism and fearlessness from his father, Sir Ashutosh Mookerjee, who as the Vice-Chancellor of the Calcutta University and a Judge of the Calcutta High Court occupied a unique position in the life of Bengal. His mother, Smt. Jogamaya Devi, was a devout Hindu lady, devoted entirely to her husband, family and Dharma. Being an upper-class Brahmin family with a high social status, the Mookerjee house in Bhowanipur, Calcutta, was known as much for its “Poojas” as for its being an abode of Saraswati. Young Syama Prasad grew in an atmosphere where he could watch poojas, religious ceremonies and rituals and also listen to discussions on the most modem and scientific subjects between his father and great scholars coming from all parts of India and abroad. This, in fact, created in him, deep respect for India’s age-old culture and close attachment to western thought and learning. A happy blend of Hindu spirituality, tolerance and humanity with scientific outlook and broad understanding, characterised the life of Syama Prasad.

The death of his father in 1923, whom he had been assisting in running the Calcutta University from his student days, brought him into the educational field even while he was still a student. He was known to have the closest insight into the educational plans and policies of his Vice-Chancellor father. He was elected to the University Senate and Syndicate in 1924 and represented the Calcutta University as a Congress candidate in the Bengal Legislative Council. In 1930 when the Congress decided to boycott the legislatures, he resigned his seat in the Legislative Council, but soon re-entered the Council as an independent candidate, with a view to safeguard the interests of his university. His main occupation, however, continued to be service to the cause of education. In 1934, Syama Prasad became the youngest Vice-Chancellor of Calcutta University, which gave him the opportunity to put his aims and ideals regarding education of his people in practice. It was under his Vice-Chancellorship that Rabindra Nath Tagore delivered his convocation address in Bengali which marked the beginning of the end of the era of English superiority over Bengali and other Indian languages.
The Bengal famine of 1943 brought the humanitarian in Syama Prasad to the forefront which the people of Bengal can never forget even though some of them may not have liked his politics.

It is estimated that 3 million people died in the 1943 Bengal famine
In order to draw the attention of the country to the distress in Bengal and organise large-scale relief for the faminestricken people, he invited leading poIiticans, businessmen and philanthropists to devise ways and means to provide relief to the needy and the distressed. In response, Bengal Relief Committee was formed and the Hindu Mahasabha Relief Committee was also organised. Syama Prasad was the moving spirit behind both the organisations.

Starving Hindus waiting for the government controlled Grain Shop to open.
His appeals for fund evoked positive response from all over the country and large sums of money started pouring in. It was mainly because of him that the whole country rose like one man in providing relief .
More than his interventions in the Constituent Assembly debates, it is in the context of Kashmir and the special status it was accorded, that ths brilliant speech of Dr.Mookerjee in 1952 in the lok Sabha always comes to the fore. It is worth a reference when the literal abrogation of Arts.370 and 35A are under the scanner before the Supreme Court of India

Nashri Tunnel renamed after Shyama Prasad Mukherjee

“We say that Kashmir is a part of India. It is so. So, a part of India is today in the occupation of the enemy and we are helpless! We are peace-lovers, no doubt. But peace-lovers to what extent?–that we will even allow a portion of our territory to be occupied by the enemy? . . . Is there any possibility of our getting back this territory? We shall not get it through the efforts of the United Nations, we shall not get it through peaceful methods, by negotiations with Pakistan. That means we lose it, unless we use force and the Prime Minister is unwilling to do so. Let us face facts–are we prepared to lose it? It has been said that there is some provision in the Constitution, that we are bound by the pledges which have been given. Pledges?

Undoubtedly, so many pledges we have given . . . If we talk of pledges, we have given pledges on many other occasions. We gave pledges to the minorities in East Bengal. That was given after the attainment of independence. The Prime Minister said the other day that even if Kashmir had not acceded to India, when Kashmir was attacked by the raiders, on humanitarian grounds the Indian army could have marched to Kashmir and protected the distressed and oppressed. I felt proud. But if I make a similar statement, or even a similar suggestion for the purpose of saving the lives and honour of nine million of our fellow brethren and sisters––through whose sacrifices, to some extent at least, freedom has been achieved, I am a communalist, I am a reactionary, I am a warmonger!”

He went on to say……
(Author is practising advocate in the Madras High CDourt)