Bhulabhai Desai (13 October 1877 – 6 May 1946) was an
Indian independence activist and acclaimed lawyer. He is well-remembered for his defence of the three
Indian National Army soldiers accused of treason during
World War II
World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
, and for attempting to negotiate a secret power-sharing agreement with
Liaquat Ali Khan
Liaquat Ali Khan (1 October 189516 October 1951) was a Pakistani lawyer, politician and statesman who served as the first prime minister of Pakistan
The prime minister of Pakistan (, Roman Urdu, romanized: Wazīr ē Aʿẓam , ) is the he ...
of the
Muslim League.
Early life
Bhulabhai Desai was born in
Valsad, Gujarat in an
Anavil
Anavil Brahmins are a community who despite not being numerically superior, are particularly dominant in the Surat district, Surat and Bulsar districts of south Gujarat, India, where they have been significant land-owners and have an influential r ...
family.
Initially schooled by his maternal uncle, Bhulabhai further studied at the Avabai School in Valsad and the Bharda High School in
Bombay
Mumbai ( ; ), also known as Bombay ( ; its official name until 1995), is the capital city of the Indian States and union territories of India, state of Maharashtra. Mumbai is the financial centre, financial capital and the list of cities i ...
, from where he
matriculated in 1895, standing first in his school. He married Ichchhaben while still in school. They had one son, Dhirubhai, but Ichchhaben died of cancer in 1923. He then joined the
Elphinstone College in Bombay from where he graduated in high standing in
English literature
English literature is literature written in the English language from the English-speaking world. The English language has developed over more than 1,400 years. The earliest forms of English, a set of Anglo-Frisian languages, Anglo-Frisian d ...
and history. He won the Wordsworth Prize and a scholarship for standing first in History and Political Economy. He did his
MA in English from the
University of Bombay
University of Mumbai is a public university, public List of largest universities and university networks by enrollment, state university in Mumbai. It is one of the List of largest universities and university networks by enrollment, largest univ ...
. Bhulabhai was appointed Professor of English and History in the Gujarat College, Ahmedabad. While teaching he also studied law. Desai enrolled as an advocate at the
Bombay High Court
The High Court of Bombay is the High courts of India, high court of the States and union territories of India, states of Maharashtra and Goa in India, and the union territory of Dadra and Nagar Haveli and Daman and Diu. It is seated primarily ...
in 1905, and became one of the city's and later the nation's leading lawyers.
Political career
Bhulabhai began his political career with joining
Annie Besant
Annie Besant (; Wood; 1 October 1847 – 20 September 1933) was an English socialist, Theosophy (Blavatskian), theosophist, freemason, women's rights and Home Rule activist, educationist and campaigner for Indian nationalism. She was an arden ...
's
All India Home Rule League. He had joined the
Indian Liberal Party, supportive of British influences, but came out in opposition of the all-European
Simon Commission
The Indian Statutory Commission, also known as the Simon Commission, was a group of seven members of the British Parliament under the chairmanship of John Simon. The commission arrived in the Indian subcontinent in 1928 to study constitutional ...
formed in 1928 by the British to formulate constitutional reforms in India. His connection with the
Indian National Congress
The Indian National Congress (INC), colloquially the Congress Party, or simply the Congress, is a political parties in India, political party in India with deep roots in most regions of India. Founded on 28 December 1885, it was the first mo ...
began when he represented the farmers of Gujarat in the inquiry by the
British Government
His Majesty's Government, abbreviated to HM Government or otherwise UK Government, is the central government, central executive authority of the United Kingdom of Great Britain and Northern Ireland. following the
Bardoli Satyagraha in 1928. The satyagraha was a campaign by the farmers of Gujarat protesting oppressive taxation policies in a time of famine, under the leadership of
Sardar Vallabhbhai Patel
Vallabhbhai Jhaverbhai Patel (; ''Vallabhbhāī Jhāverbhāī Paṭel''; 31 October 1875 – 15 December 1950), commonly known as Sardar Vallabhbhai Patel, was an Indian independence activist and statesman who served as the first Deputy Prime ...
. Bhulabhai formidably represented the farmers' case, and was important to the eventual success of the struggle.
Desai formally joined the Congress in 1930. Convinced about the effectiveness of boycott of foreign goods, he formed the Swadeshi Sabha and persuaded 80 textile mills to join in, with the aim of building a boycott by Indian companies of foreign goods. The Sabha was declared illegal and he was arrested in 1932 for his activities. While in jail, Bhulabhai Desai was constantly ill. On his release on health grounds, he went to Europe for treatment. When the
Congress Working Committee was reorganised, at Sardar Vallabhbhai Patel's insistence Desai was included in the committee.
In November 1934, Desai was elected to the
Central Legislative Assembly
The Central Legislative Assembly was the lower house of the Indian Legislature, the legislature of British India. It was created by the Government of India Act 1919, implementing the Montagu–Chelmsford Reforms. It was also sometimes calle ...
from Gujarat. The
Government of India Act 1935
The Government of India Act 1935 (25 & 26 Geo. 5. c. 42) was an Act of Parliament (UK), act passed by the British Parliament that originally received royal assent in August 1935. It was the longest act that the British Parliament ever enact ...
, which allowed provincial autonomy, raised the question whether the Congress should participate in the legislatures. Bhulabhai among others supported Congress participation, pointing out the greater autonomy and political rights granted to Indians. When the Congress entered the Central Assembly, he was elected the leader of all elected Congressman, thus becoming the majority leader. He built much respect and standing by forcefully leading the first elected representation of the Congress.
At the onset of
World War II
World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
, the Congress opposed the arbitrary inclusion of India and Indian soldiers in the war effort. Bhulabhai Desai considered it important to use the Central Assembly to clarify the Congress attitude to the world. Bhulabhai addressed the House on 19 November 1940, making a strong plea which read "...unless it is India's war, it is impossible that you will get India's support." Participating in the
satyagraha
Satyāgraha (from ; ''satya'': "truth", ''āgraha'': "insistence" or "holding firmly to"), or "holding firmly to truth",' or "truth force", is a particular form of nonviolent resistance or civil resistance. Someone who practises satyagraha is ...
initiated by
Mohandas Gandhi
Mohandas Karamchand Gandhi (2October 186930January 1948) was an Indian lawyer, anti-colonial nationalist, and political ethicist who employed nonviolent resistance to lead the successful campaign for India's independence from British ...
, he was arrested on 10 December, under the Defense of India Act and sent to
Yerwada Central Jail. He was released from prison in September 1941 on grounds of poor health, which also affected his participation in the
Quit India movement.
Desai-Liaquat pact
While Mohandas Gandhi and the entire Congress Working Committee had been arrested during the Quit India movement, from 1942 to 1945, Desai was one of few Congress leaders free. While pressing demands for the immediate release of political prisoners, Desai began secretive talks with
Liaquat Ali Khan
Liaquat Ali Khan (1 October 189516 October 1951) was a Pakistani lawyer, politician and statesman who served as the first prime minister of Pakistan
The prime minister of Pakistan (, Roman Urdu, romanized: Wazīr ē Aʿẓam , ) is the he ...
, the second-most important leader of the
Muslim League. However this assertion has been seriously challenged by other eminent people like Sir
Chiman Lal Setalwad who have stated that
Gandhi
Mohandas Karamchand Gandhi (2October 186930January 1948) was an Indian lawyer, anti-colonial nationalist, and political ethicist who employed nonviolent resistance to lead the successful campaign for India's independence from British ...
had full knowledge of the ongoing negotiations. It was their intention to negotiate an agreement for a future coalition government, which would enable a united choice for
Hindus
Hindus (; ; also known as Sanātanīs) are people who religiously adhere to Hinduism, also known by its endonym Sanātana Dharma. Jeffery D. Long (2007), A Vision for Hinduism, IB Tauris, , pp. 35–37 Historically, the term has also be ...
and
Muslim
Muslims () are people who adhere to Islam, a Monotheism, monotheistic religion belonging to the Abrahamic religions, Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God ...
s for the independent Government of India. In this deal, Liaquat gave up the demand for a separate Muslim state in turn for parity of Muslims-to-Hindus in the council of ministers. Conceding the League as the representative of Muslims and giving a minority community equal place with the majority Hindus, Desai attempted to construct an ideal Indian alliance that would hasten India's path for freedom while ending the Quit India struggle. While Desai was working without the knowledge of Gandhi, Patel,
Jawaharlal Nehru
Jawaharlal Nehru (14 November 1889 – 27 May 1964) was an Indian anti-colonial nationalist, secular humanist, social democrat, and statesman who was a central figure in India during the middle of the 20th century. Nehru was a pr ...
or any other Congress leader, Khan had kept the deal a secret from his superior,
Muhammad Ali Jinnah
Muhammad Ali Jinnah (born Mahomedali Jinnahbhai; 25 December 187611 September 1948) was a barrister, politician, and the founder of Pakistan. Jinnah served as the leader of the All-India Muslim League from 1913 until the inception of Pa ...
.
When a press report leaked the prospective deal in 1945, the respective parties were alarmed. While Desai presented full information to Gandhi, Jinnah and the League outrightly rejected any agreements, and Liaquat Ali Khan denied that such a pact was being negotiated. Desai's assertion that a deal had been reached was ridiculed by the League, while Congress leaders were angry at him for conducting such negotiations without informing them. Bhulabhai Desai would lead a major effort in March 1945 to get the House to defeat the unpopular war budget, but he had lost political standing in his own party owing to the fallout of the Desai-Liaquat pact. He was not given a ticket to contest elections for the
Constituent Assembly of India
Constituent Assembly of India was partly elected and partly nominated body to frame the Constitution of India. It was elected by the Provincial assemblies of British India following the Provincial Assembly elections held in 1946 and nominated ...
on grounds of his ill-health, but also due to feelings in the Congress that Desai had been advancing his own power and popularity while the Congress leadership was imprisoned. This should be kept in mind that at that time many a proceedings of the
Indian National Congress
The Indian National Congress (INC), colloquially the Congress Party, or simply the Congress, is a political parties in India, political party in India with deep roots in most regions of India. Founded on 28 December 1885, it was the first mo ...
were shrouded in secrecy and people like Sir Chiman Lal Setalwad have time and again asserted that
Gandhi
Mohandas Karamchand Gandhi (2October 186930January 1948) was an Indian lawyer, anti-colonial nationalist, and political ethicist who employed nonviolent resistance to lead the successful campaign for India's independence from British ...
had full knowledge of the Desai-Liaquat pact and was in fact the silent force behind the negotiations. It is also a matter worth note that when Desai was on his death bed,
Gandhi
Mohandas Karamchand Gandhi (2October 186930January 1948) was an Indian lawyer, anti-colonial nationalist, and political ethicist who employed nonviolent resistance to lead the successful campaign for India's independence from British ...
went to meet him and did not speak a single word citing his "Maunvrata" (a fast wherein people do not speak for a designated period of time).
INA soldiers trial
When three captured Indian National Army (INA) officers,
Shahnawaz Khan,
Prem Kumar Sahgal and
Gurbaksh Singh Dhillon were put on trial for treason, the Congress formed a Defence committee composed of 17 advocates including Bhulabhai Desai. The
court-martial
A court-martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the arme ...
hearing began in October 1945 at the
Red Fort
The Red Fort, also known as Lal Qila () is a historic Mughal Empire, Mughal fort in Delhi, India, that served as the primary residence of the Mughal emperors. Emperor Shah Jahan commissioned the construction of the Red Fort on 12 May 1639, fo ...
. Bhulabhai was the leading counsel for the defence. Undeterred by poor health, Bhulabhai made an emphatic and passionate argument in defence of the charged soldiers. He worked for three months at a stretch. He cited
international law
International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
in his arguments, arguing that the accused were entitled to take up arms to gain independence for their country under the order of the
Provisional Government
A provisional government, also called an interim government, an emergency government, a transitional government or provisional leadership, is a temporary government formed to manage a period of transition, often following state collapse, revoluti ...
which
Subhas Bose had established and which had the recognition of a few sovereign governments, and that the
Indian Penal Code
The Indian Penal Code (IPC) was the official criminal code of the Republic of India, inherited from British India after independence. It remained in force until it was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) in December 2023 ...
did not apply to their case. The judge nevertheless pronounced the three officers guilty and sentenced them to transportation for life. The accused were however released and during the course of the trials reignited the Indian freedom struggle leading to complete independence in 1947.
Death
Bhulabhai Desai died on 6 May 1946. His immense wealth led to the creation of the Bhulabhai Memorial Institute in Bombay.
Legacy
M.C. Setalwad authored his biography, ''Bhulabhai Desai''.
Bhulabhai Desai Road in Mumbai is named after him.
References
*
Rajmohan Gandhi, ''Patel: A Life'' (1992)
*
{{DEFAULTSORT:Desai, Bhalubhai
Indian independence activists from Gujarat
Indian National Army trials
1877 births
1946 deaths
Gujarati people
University of Mumbai alumni
Members of the Central Legislative Assembly of India
Elphinstone College alumni
Prisoners and detainees of British India
19th-century Indian lawyers
Politicians from Mumbai
Indian National Congress politicians from Gujarat
People from Valsad district
20th-century Indian lawyers
20th-century Indian politicians
Lawyers from British India