You are here

Is It Unconstitutional?

I have been told that non-co-operation is unconstitutional. I venture to deny that it is unconstitutional. On the contrary, I hold that non-co-operation is a just and religious doctrine; it is the inherent right of every human being and it is perfectly constitutional. A great lover of the British Empire has said that under the British constitution even a successful rebellion is perfectly constitutional and he quotes historical instances, which I cannot deny, in support of his claim. I do not claim any constitutionality for a rebellion successful or otherwise, so long as that rebellion means in the ordinary sense of the term, what it does mean namely wresting justice by violent means. On the contrary, I have said it repeatedly to my countrymen that violence whatever end it may serve in Europe, will never serve us in India. My brother and friend Shaukat Ali believes in methods of violence; and if it was in his power to draw the sword against the British Empire, I know that he has got the courage of a man and he has got also the wisdom to see that he should offer that battle to the British Empire. But because he recognises as a true soldier that means of violence are not open to India, he sides with me accepting my humble assistance and pledges his word that so long as I am with him and so long as he believes in the doctrine, so long will he not harbour even the idea of violence against any single Englishman or any single man on earth. I am here to tell you that he has been as true as his word and has kept it religiously. I am here to bear witness that he has been following out this plan of non-violent Non-co-operation to the very letter and I am asking India to follow this non-violent non-co-operation. I tell you that there is not a better soldier living in our ranks in British India than Shaukat Ali. When the time for the drawing of the sword comes, if it ever comes, you will find him drawing that sword and you will find me retiring to the jungles of Hindustan. As soon as India accepts the doctrine of the sword, my life as an Indian is finished. It is because I believe in a mission special to India and it is because I believe that the ancients of India after centuries of experience have found out that the true thing for any human being on earth is not justice based on violence but justice based on sacrifice of self, justice based on Yagna and Kurbani,--I cling to that doctrine and I shall cling to it for ever,--it is for that reason I tell you that whilst my friend believes also in the doctrine of violence and has adopted the doctrine of non-violence as a weapon of the weak, I believe in the doctrine of non-violence as a weapon of the strongest. I believe that a man is the strongest soldier for daring to die unarmed with his breast bare before the enemy. So much for the non-violent part of non-co-operation. I therefore, venture to suggest to my learned countrymen that so long as the doctrine of non-co-operation remains non-violent, so long there is nothing unconstitutional in that doctrine.

I ask further, is it unconstitutional for me to say to the British Government 'I refuse to serve you?' Is it unconstitutional for our worthy Chairman to return with every respect all the titles that he has ever held from the Government? Is it unconstitutional for any parent to withdraw his children from a Government or aided school? Is it unconstitutional for a lawyer to say 'I shall no longer support the arm of the law so long as that arm of law is used not to raise me but to debase me'? Is it unconstitutional for a civil servant or for a judge to say, 'I refuse to serve a Government which does not wish to respect the wishes of the whole people?' I ask, is it unconstitutional for a policeman or for a soldier to tender his resignation when he knows that he is called to serve a Government which traduces his own countrymen? Is it unconstitutional for me to go to the 'krishan,' to the agriculturist, and say to him 'it is not wise for you to pay any taxes if these taxes are used by the Government not to raise you but to weaken you?' I hold and I venture to submit, that there is nothing unconstitutional in it. What is more, I have done every one of these things in my life and nobody has questioned the constitutional character of it. I was in Kaira working in the midst of 7 lakhs of agriculturists. They had all suspended the payment of taxes and the whole of India was at one with me. Nobody considered that it was unconstitutional. I submit that in the whole plan of non-co-operation, there is nothing unconstitutional. But I do venture to suggest that it will be highly unconstitutional in the midst of this unconstitutional Government,--in the midst of a nation which has built up its magnificent constitution,--for the people of India to become weak and to crawl on their belly--it will be highly unconstitutional for the people of India to pocket every insult that is offered to them; it is highly unconstitutional for the 70 millions of Mohamedans of India to submit to a violent wrong done to their religion; it is highly unconstitutional for the whole of India to sit still and co-operate with an unjust Government which has trodden under its feet the honour of the Punjab. I say to my countrymen so long as you have a sense of honour and so long as you wish to remain the descendants and defenders of the noble traditions that have been handed to you for generations after generations, it is unconstitutional for you not to non-co-operate and unconstitutional for you to co-operate with a Government which has become so unjust as our Government has become. I am not anti-English; I am not anti-British; I am not anti any Government; but I am anti-untruth--anti-humbug and anti-injustice. So long as the Government spells injustice, it may regard me as its enemy, implacable enemy. I had hoped at the Congress at Amritsar--I am speaking God's truth before you--when I pleaded on bended knees before some of you for co-operation with the Government. I had full hope that the British ministers who are wise, as a rule, would placate the Mussalman sentiment that they would do full justice in the matter of the Punjab atrocities; and therefore, I said:--let us return good-will to the hand of fellowship that has been extended to us, which I then believed was extended to us through the Royal Proclamation. It was on that account that I pleaded for co-operation. But to-day that faith having gone and obliterated by the acts of the British ministers, I am here to plead not for futile obstruction in the Legislative council but for real substantial non-co-operation which would paralyse the mightiest Government on earth. That is what I stand for to-day. Until we have wrung justice, and until we have wrung our self-respect from unwilling hands and from unwilling pens there can be no co-operation. Our Shastras say and I say so with the greatest deference to all the greatest religious preceptors of India but without fear of contradiction, that our Shastras teach us that there shall be no co-operation between injustice and justice, between an unjust man and a justice-loving man, between truth and untruth. Co-operation is a duty only so long as Government protects your honour, and non-co-operation is an equal duty when the Government instead of protecting robs you of your honour. That is the doctrine of non-co-operation.