Lesson 2 Swarajists
The Swarajists entered the councils through the elections
held in November 1923.
Aims and Objectives of Swarajists: They adopted the
programmes and policies of the Congress. They kept in view the essential
principles of non-violence and non-cooperation. They aimed at securing Swaraj
or Dominion Status within the British empire. Whereas no-changers wanted to
attain Swaraj through constructive programmes and building mass movement, the
Swarajists wanted to achieve this aim by making use of the legislative councils
for displaying their popularity and strength of the organization.
They had two fold objectives: destructive and constructive.
The destructive part consisted of the rejection of proposals emanating from
bureaucracy and rejection of budget and ‘smashing the councils and wrecking
reforms’. The constructive side included presenting resolutions necessary for
the healthy growth of national life, displacement of bureaucracy and give
support to the constructive programme of Gandhi.
Swaraj According to Balgangadhar Tilak
Tilak was a strong believer in Vedic philosophy and social ideas.
Born as Keshav Gangadhar Tilak on 23 July 1856, in the small coastal town of
Ratnagiri in Maharashtra, he soon moved to Poona (now Pune). Tilak’s father was
a renowned Sanskrit scholar, and belonged to the Marathi Chitpavan Brahmin
section. Bal Gangadhar Tilak, the great educationist, social reformer, author
and freedom fighter, is widely acknowledged as ‘the father of the Indian
Unrest’. His contribution to the freedom struggle was monumental, and his role
in awakening the political consciousness in the lay people, and uniting them
against the British for the common cause of independence is widely
acknowledged.
Tilak, through his newspapers, ‘Kesari’ and ‘Mahratta’,
played a vital part in arousing the indignation of Indians against the
callousness and excesses of the British rule, and exposed the sufferings and
indignities which the Britishers were subjecting the Indians to. His bitter
denouncements of the Government’s handling of the famines and epidemics that
rocked parts of India during the end of the 19th century aroused anti-British
feelings amongst the countrymen and were a major factor in uniting the nation
against foreign rule. His writings inspired several revolutionary leaders, and
is said to have led to the assassination of Mr. Rand, the notorious plague
commissioner of Pune in 1897.
From teacher and lawyer to journalist and independence
activist, Tilak’s life went through some distinct phases. Bal Gangadhar Tilak
joined the Indian National Congress (INC) in 1890; He wanted to stop being
loyal to the British and not use constitutional agitation as ameans to gain
their goals. Instead, he wanted to get Swarajya or self-rule which he believed
to be the essence of freedom and important for the growth of a nation.
Tilak was considered to be a radical nationalist, but was
socially conservative, believing that society should be based on Hindu
revivalist structures.
Swadeshi and Home Rule League
Two of the most prominent movements organized by Bal
Gangadhar Tilak were the Swadeshi and Boycott (of foreign goods) movement and
the Home Rule League. The Swadeshi and Boycott movement was a revivalism of
traditional Indian cottage industries.
It also came with the boycott of all English made goods like
Lancashire and Manchester made goods. The Home Rule League was organized by
Tilak along with Annie Besant and G.S. Kharparde. The aim of this movement was
to recruit members and form a pressure group which would eventually lead to
home rule for India. This was inspired by the Irish freedom movement, and
Besant being an Irishwoman brought this idea to India.
Tilak travelled abroad and succeeded in getting the support
of the British Labour Party. Along with Lala Lajpat Rai, he also oversaw the
spread of the movement to America. Tilak was a radical as far as political
ideology was concerned, but his conservative nature and thought in social and
religious matters too was manifest from his life.
Read More:- B.A. Pol Sci Hons. 2nd Semester Notes
Sedition Charges and Life in Prison
His support for revolutionaries got him into serious trouble
with the British authorities. Tilak was charged and tried of sedition for this,
and sentenced to eighteen months of imprisonment Tilak was one of the
torchbearers of revolutionary nationalism in India and along with leaders like
Bipinchandra Pal, Lala Lajpat Rai and Aurobindo Ghosh, was among its most
prominent and outspoken leaders. Tilak was a political ‘extremist’ and was a
vocal critic of the moderate policy of the Indian National Congress.
He was charged with sedition and sentenced to six years of
imprisonment in Mandalay (Burma, now Myanmar) between 1908-1914. He focused on
reading and writing while in jail. After being released, Tilak tempered his
views, and decided to focus more on getting concessions from the British rather
than a full-scale self-rule all at once. When the first World War started,
Tilak cabled George V, King-Emperor of the United Kingdom and its territories,
to lend his support.
Lokmanya Tilak was widely respected and admired by
contemporary leaders, even those who did not subscribe to his ideology or
methods. Mahatma Gandhi said about him, “I admire Lokmanya Bal Gangadhar Tilak
like millions of his countrymen for his indomitable will, his vast learning,
his love of country, and above all, the purity of his private life and great
sacrifice. Of all the men of modern times, he captivated most the imagination
of his people. He breathed into us the spirit of Swarajya.
Debate: Free Speech Expression and Dissent
Freedom of speech and Expression is enshrined in Article 19
(1)(a) of Indian Constitution. It is the most and widely recognized right
across the world. It includes right express ones view written, orally etc.
Freedom of speech and expression also includes free media.
Right to freedom of speech and expression: It implies
that every citizen has the right to express his views, opinions, belief, and
convictions freely by word of mouth, writing, printing, picturing or in any
other manner.
i) Right to propagate one’s view as well as view of others.
ii) Freedom of the Press.
iii) Freedom of commercial advertisements.
iv) Right to telecast, that is, government has no monopoly
on electronic media.
v) Right against bundh called by a political party or
organization.
vi) Right to know about government activities.
vii) Freedom of silence.
viii) Right against imposition of pre-censorship on
newspaper.
ix) Right to demonstration or picketing but not right to
strike.
The State can impose reasonable restrictions on the exercise
of the freedom of speech and expression on the grounds of sovereignty and
integrity of India, security of the State, friendly relations with foreign
states, public order, decency or morality, contempt of court, defamation and
incitement to an offence.
International Covenant on Civil and Political Rights (ICCPR)
Article 19:
(1) Everyone shall have the right to hold public opinions
without interference
(2) Everyone shall have the right to freedom of expression;
this right includes freedom to seek, receive and impart information and ideas
of all kinds, regardless of all frontiers, either orally, in writing or in
print, in the form of art, or through any other media of his choice.
Read More:- B.A. Pol Sci Hons. 2nd Semester Notes
Gandhiji on Freedom of Expression
According to Gandhi in a vast country like this, there must
be room for all schools of honest thought. And the least, therefore, that we
owe to ourselves, as to others, is to try to understand the opponent’s
view-point and, if we cannot accept it, respect is as fully as we expect him to
respect ours.
Freedom of speech and expression was upheld by following
cases in India:
In the case S. P. Gupta v/s Union of India (AIR 1982 SC 149)
opined that, “the guarantee of freedom of speech and expression elevates the
right to know and the right to information to the status of fundamental right.
Open government is the new democratic culture of an open society towards which,
every liberal democracy is moving and our country should be no exception’’.
Where a society has chosen to accept democracy as it creedal
faith, it is elementary that its citizen ought to know what their government is
doing. The citizens have a right to decide by whom and by what rules they shall
be governed and they are entitled to call on their behalf to account for their
conduct. No democratic government can survive without accountability and the
basic postulate of accountability is that the people should have information
about the functioning of the government. It is only if people know how
government is functioning that they can fulfill the role which democracy
assigns to them and make democracy a really effective participatory democracy.
In the case A. K. Koolwol v/s State of Rajasthan, AIR 1988,
and Justice Dinakaran said, “Every citizen has the right to know about the
activities, administrative efforts and initiatives of the government.” These
judicial pronouncements suggest that there was a general consensus on the need
to have right to information granted to the people.
Right to Freedom of Speech and Expression and the Role of
Press in India
Freedom of speech and expression is considered as a basic
right in the democratic polity. Freedom of press is considered as an important
aspect of freedom of speech and expression. The set of regulation was framed by
Governor General Wellesley in the year 1799.
In 1818 an attempt was made by Governor General Lord
Hastings, who favored freedom of press. In 1823, Governor General John Adam
issued an ordinance to provide license to the press for printing all the
matters except the commercial matters. This rule was soon replaced by Press Act
1835, popularly known as the Metcalfe’s Act, which required the printer and
publisher of every newspaper to declare the premises of its publication.
Metcalfe requested Lord Macaulay, the Law member of
Governor-General-in-Council, to prepare a draft press bill.
When the Act is adopted, each person can set up a newspaper
without even seeking permission. But no person will be allowed to print or
publish sedition without government’s permission. H.T. Prinsep and Lt. Colonel
Morison who were members of the Council opposed Metcalf. However, Metcalfe
warned the members of the Council that their tenure is dependent and the
attempts to suppress the communication of public opinion could not last long
and will fail. Metcalfe finally convinced the members of the Council and the
Press Act 1835 was passed.
The Press and Registration of Books Act, 1867 were still in
force. The Act specifically deals with the Press. It does not control the press
and the publication of newspapers and books. It also provides the preservation
of every book and newspaper printed in India. The Act intended to prevent
publication of anonymous literature. Then, the Vernacular Press Act 1878 came
about, which gave punishment to those who published seditious writings in
newspapers in Indian languages.
To have more control on the press, the Official Secrets Act
was enacted in the year 1923 to maintain the security of State against the
leakage of any information. The Press ordinance was passed in 1930 to follow
the stringent provisions of the repealed Act 1910. Then, the Press (Emergency
Powers) Act was passed 1931 to curb terrorists’ activities. In 1956, the
Parliament passed the Newspapers (Price and Page) Act 1956 which empowered the
Central Government to regulate the prices of newspapers in relation to the pages
and sizes and to regulate the allocation of space for advertising matters.
First Press Commission, Parliament passed the Press Council
Act 1965 for the establishment of a press council whose objective was to
preserve the freedom of press and to maintain and improve the standards of
newspapers in India.
In 1991, there were reports in the Press that Official
Secret Act will be replaced by freedom of information legislation. In 1996, the
Press Council of India drew up the draft of freedom of information bill. The
draft affirmed the right of every citizen to have access to information held by
the public body.
The Press Council of India Bill of 1996 defined the right to
information as a right to access to information, it also includes inspection,
taking notes, taking extracts and obtaining certified copies of documents or
records held by the Public Authority.
In the case of Romesh Thapar v. State of Madras, 1950, the
court held that freedom of speech and press is the foundation of all democratic
organizations. Without free political discussion and public education, proper
functioning of popular government is not possible. The democratic form of
government itself demands its citizen’s active and intelligent participation in
the affairs of the community.
In the case of Bennet Coleman and Co. v. Union of India, the
government issued an order to control, import and supply of newsprint on a
quota system. The new Newsprint Import Control Policy of 1972 and 1973 limited
the circulation of newsprint and also prevented the number of pages, page area,
and periodicity and so on. The Supreme Court declared that the government had
the power to control the supply and use the newsprint but the court struck down
under that order and put unreasonable restrictions on freedom of the press
guaranteed under Article 19 (1)(a).
In the case of Tata Press Ltd. V. Mahanagar Telephone Nigam
Ltd, 1995, the Supreme Court held that, “commercial speech” could not be denied
under the protection of Article 19(1)(a). Court explained that, “advertising is
considered to be the cornerstone of our economic system. Low prices for
consumers are dependent upon mass production; mass production is dependent upon
advertising.
Efforts Made by International Bodies
It is not just third world countries like India making an
attempt to bring freedom of information law, but many countries across the
world did make tremendous efforts in this direction.
Council of Europe was founded in 1949 and comprised of forty
six countries. In 1979, the Council of Europe Parliamentary Assembly (PA
Recommendations 854) recommended the Council of Ministers to call the national
government to adopt laws on freedom of information. In 2002, the Council of
Ministers approved a recommendation [Rec (2002)2] for the member states to
adopt a national law on access to information held by the public authorities.
The act had provision for appeals and exemption. European Union (EU) provides
special rules for the access to information.
The African Union adopted Convention on Preventing and
Combating Corruption. It was adopted in June in the year 2003.The treaty was
signed by forty of the fifty three members and was ratified by 15.It went into
effect in July 2006. Article 9, Access to Information, states that each State
Party shall adopt such measures so as to enable the right to access any
information required to assist in the fight against corruption and related
offences. Article 9(1) of the African Charter on Human and People’s Rights,
states that every individual shall have the right to receive information.
In 1980, the Commonwealth of Nations adopted a resolution
encouraging its members to enhance the citizen’s access to information. In
1999, the Commonwealth Law Ministers recommended the member states to adopt
laws on the principles of disclosure, promoting a culture of openness with
limited exemptions, record management and a right to review.
Article 31 of the American Convention on Human Rights
adopted by Organization of American States (OAS), states that everyone has a
right to freedom of thought and expression. This includes freedom to seek,
receive and impart information and ideas of all kinds, regardless of frontiers
either orally, written, printed form of art or through any other medium of
one’s choice.
New International Information Order
The demand and movement for NIIO started in the decade of
1970’s.The New International Information order aimed to provide a universal,
equitable, free fair and balanced flow of information, updated and attuned to
the new social conditions generated by the electronic era.
In the New Information Order, the freedom of information is
challenged by three threats, namely computer cum satellite, direct broadcasting
satellite and remote sensing device. They often bring clashes between the
doctrines of free flow of information within the concepts like sovereignty by
national security.
According to Mustapha Masmoudi, Tunisia’s ambassador to
UNESCO, “The International Information Order is founded on democratic
principles, it seeks to establish relations of equality in the communications
field between developed and developing nations and aims to bring greater
justice and greater balance”.
The first requisite of NIIO is to ensure free flow of
information and balanced flow of information in terms of quantity and quality.
There is a need for two-way flow of information; free outgoing of information
and free incoming of information, which in other words, is expressed as free
exchange of information.
Baghdad resolution was adopted in June 1980 to New
International Information order. Some of the points includes the
self-determination of people and sovereign equality, it also promotes non[1]interference in the
internal affairs, it promotes the right of every nation to develop its own
independent information system to protect its national sovereignty and cultural
identity in particular by regulating the activities of the trans-national
corporations; right to participate in free exchange of information under
favorable conditions in the sense of equality, justice and mutual advantage.
UNESCO’s resolution on the MacBride recommendations tabled
at Belgrade session in October 1980, has laid down some basis of New
International Information Order. It includes elimination of imbalances and
inequalities present in the current set up; do away with the monopolies, be it public
or private spheres, absolute removal of internal and external obstacles so as
to have free flow as well as balanced dissemination of information and ideas,
plurality of sources and channels of information, freedom of the press and
information, freedom of journalists and all professionals in the media, to
improve the capacity of developing countries by providing equipment,
infrastructures, to help the developed countries to develop and to attain the
objectives, to respect the cultural identity of every nation to inform it’s
interest, aspirations and cultural values, to respect the right of all the
people to participate in international exchange of information on the basis of
equality, justice and mutual benefit, respect for all the ethnic and social
groups and their access to information, so as to enable them to participate
actively communication process.
·
Freedom- The aim this section is to impart students with the concept of
freedom; To classify different kinds of freedom available for a citizen of
India and utilize them when ever need; What are the restrictions on freedom;
What a citizen has to do their freedom is curtailed.
·
Emancipation- The aim of this section is to understand meaning of emancipation
or empowerment; How a common person can be empowered; What are the different
types of empowerment; What are measures taken by the government to empower the
common man and to utilize the same.
·
Swaraj- The aim of this section is to make the student to understand what is
Swaraj and Why it is important; How can we realize Swaraj or self-rule; It also
draws our attention towards Gandhiji, Tilak and Anie Besant concept of swaraj;
How Gandhiji motivated the common people to achieve self rule by peaceful
methods.
· Free
Speech and Expression- This section aims to impart students to utilize the
right to freedom of speech and expression to speak truth without any fear or
coerscion; We can express our views in written or orally, painting etc. It also
permit every person when to keep quiet; This right also includes right to
information from the government.
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