‘SWARAJ IN IDEAS’: A JURISPRUDENTIAL LENS.

Keywords:- Swaraj, Autonomy, Decolonization, Assimilation, Living Law, Constitutionalism

Mode of Citation:- Bluebook Citation Style, 19th Edition.

The concept of Swaraj, as defined in an essay authored by Mahatma Gandhi, published in Navjivan in August 1921, is defined as, “Self-rule or Self-restraint”.It calls for freedom for the weakest person in society and provides for basic necessities of life for all and not as the prerogative of a few. From the eras of pre-independence India to the modern democratic systems of governance today, the concept of ‘Swaraj’ or self-rule has penetrated the psyches of the common Indians. ‘Swaraj’, in itself is a dilemma, as within every sphere of a political space exists demos with opposing views and opinions; India follows a representative form of governance, also known as an indirect democracy, where it's impossible for the present government, no matter which, to completely represent the common Indian man’s ideas.

However, the concept of ‘Swaraj’ has never aimed to call for pre-dominance for individual desires, for it shall lead to tyranny. India’s vision for Swaraj is met by realistic expectations of equitable representation, federal freedoms of the people and an active political opposition. A potent speech delivered in 1928, by Krishna Chandra Bhattacharya, one of India’s leading philosophers is called “Swaraj in Ideas.” Within his talk, he raised the pertinent question of whether we had achieved autonomy in thought and ideas along with the quest for political independence .

‘Swaraj in Ideas’, at first glance, seemed like nothing more than a thought-provoking speech delivered to invoke nationalist ideas and cultural pride. Bhattacharya talked about the pre-dominance of British ideals, speaking about how the educated people of India spoke with a mix of English along vernacular, felt a sense of inferiority complex and contributed little to creative spheres in India, seeming too pre-occupied with the Western arts. His ideas, although never truly extremist, spoke of how Indians must not adapt to Western ideals, rather, western ideals must be adapted to suit the Indian philosophies. He advocated for critical thinking, comparing it to the harshest form of colonisation when the colonised in a way ‘forget to think’. True Swaraj, according to him, shall only be realised when the colonised receive intellectual and cultural autonomy along with physical independence.

“The Indian mind has simply lapsed in most cases for our educated men, and has subsided below the conscious level of culture. It operates still in the persisting routine of their family life and in some of their social and religious practices which no longer, however, have any vital meaning for them. It neither welcomes nor resists the ideas received through the new education. It dares not exert itself in the cultural sphere”. K.C. Bhattacharya

“There are ideals of the west which we may respect from a distance without recognising any specific appeal to ourselves. Then again, there are ideals that have a potential appeal to us because they have an affinity with our own ideals, though still with a foreign complexion. What they prescribe to us is to be worshipped in our own fashion with the ceremonials of our own religion” K.C. Bhattacharya

Post-independence, the lawmakers of our country have always aimed to present a highly substantiating governance model that not only guarantees the rights of the people but also aids in enforcing such legal prowess. The Indian Grundnorm, our constitution provides for a separation of powers, into the various bodies of Legislature, Executive and the Judiciary. Although this system isn’t as well-defined and separated like the United States Constitution, the overlapping powers of the legislature and executive provides for a system of checks and balances. On the other hand, the Judicial system remains completely separated in our country, the hierarchical system of which aids in providing, albeit largely theoretically, ‘equal and assisted legal justice’. Along with this SOP model, The Quasi-federation of Indian governance system aims to provide governance and equal reach to all people. The universal franchise, the right to be able to contest for elections, freedom of speech and indirect freedom of press (with certain restrictions in the guise of promoting communal hate or defamation) can all be considered as India’s realisation of ‘Swaraj’ as dreamt by our forefathers.

A question that has recently been in the news lately is the question of ‘decolonisation of our laws’. The system of courts in India, as seen formally established, was only introduced to the Indian people during the British era. The recent modifications of our criminal laws, as many argue only “changed the title”, can be traced back to their origins by the British who had adopted them so from the common law followed by their respective courts in Britain. My imminent question is, is Swaraj in thought, as defined by K.C. Bhattacharya, ever possible?

Thoughts, ideas, and law-making, never exist in a void. Each nation’s governance system and subsequent political demands are reflected in the social fabric of such nation. In essence, Law is an alive concept, as stated by the concept of living law by Eugen Ehrlich, who stated that ‘Living law is more influential and pertinent in people’s lives than state made law’ . Law can never be isolated from society as law in itself, is a social phenomenon. The period of colonisation of India by various invaders has shaped the social fabric and ultimately the psyches of our people. The introduction of Islam in ‘India’ as we knew it, by the Arab invasion of the Sindh , Christianity being brought to India by the Apostle Thomas who founded the first churches in Kerala , etc. led to assimilation, conflict,

K.C. Bhattacharya himself, stated that each society, including its cultures, language and people is plagued by the curse of assimilation. In simplicity, it is nothing but an eventual consequence of ‘waqt ka taqaza’. According to him, “The progress of a community and of humanity implies a gradual simplification and unification of ideals”. Additionally, it is also pertinent to note that many customs, beliefs and opinions of the past are not suited to the human experience today. Unsecular and casteist beliefs, sexist customs mixed with obstinacy are the complete contradiction to the ideals of our constitution. In conclusion, ‘True Swaraj’ is not just realised but is felt, the meaning of which is as broad as the Ganges river and requires heavy thought and contemplation.

REFERENCES:-

1. Definitions of Swaraj (Essay by Mahatma Gandhi), Ministry of Culture, Government of India, (Feb. 8, 2025), Link
2. Professor Rajvir Sharma & Professor Makarand R. Paranjape, Self-Reliant India: Towards Svarajya in Ideas, Indian Institute of Advanced Study (Feb. 8, 2025), Link
3. K.C. Bhattacharya, Swaraj in Ideas, Bharatiya Janata Party Library, (Feb. 8, 2025) Link
4. Ehrlich’s View on Law, All Clear Notes, (Feb. 9, 2025), Link
5. World Directory of Minorities and Indigenous Peoples- India: Muslims, Minority Rights Group International, RefWorld, (Feb. 9, 2025) Link
6. Hedlund, R. E., A Thousand Years of Silence?: The Forgotten Golden Age of the Church, in Christianity Made in India: From Apostle Thomas to Mother Teresa 21–30 (Augsburg Fortress 2017)

The author affirms that this article is an entirely original work, never before submitted for publication at any journal, blog or other publication avenue. Any unintentional resemblance to previously published material is purely coincidental. This article is intended solely for academic and scholarly discussion. The author takes personal responsibility for any potential infringement of intellectual property rights belonging to any individuals, organisations, governments or institutions.

Authored by Anushree Jha, A Student of BBA-LLB (Hons.)

University of Mumbai, Thane Sub-Campus.