11

Gandhi's Trial and India's

Colonial State

SUlllPTA K:\VIRAJ

The purpose of this essay is not to throw any more historical light
on Gandhi's famous trial after the Non-Cooperation movement was
called off following the incident at Chauri Chama. There are several
historical studies of what happened which provide detailed accounts
of Gandhi's behaviour at the trial and the legal moves of the
prosecution.! wish to pay greater attention to the element of rhetoric,
not the statement but the manner in which the statement is made,
the elements of drama or theatre in the contest between the colonial
state and the most celebrated rebel it encountered in India. A
reconstruction of Gandhi's trial would also show us how an historical
event is literally 'created' through the deliberate, often opposed,
strategies of the actors, their partial fulfilment and frustration,
unintended consequences and how as time goes on, it is constituted
by the play of historical and subhistorical/mythical memory.
A trial has an astonishing capacity to condense and slim up the
relations of the whole political world. Trials bring together those
who hold and exercise formal power and those who do nor, but seek
to organize other elements in society to create an alternative basis of
power of their own. Trials are spectacles of power and thus bring tl)
representation not only the material, violent, tangible aspects of
political power, but also its ideal, symbolic, and representational
forms. These arc events in which all sides conspire as it were to make
an exhibition of themselves; this is because they arc making studied,
deliberate statements about themselves and what they stand for.
However, despite the inevitable element of spectacle, these arc not
294 1:xperrC1lcillg tile Stllte
mock battles but real ones in which the fates of individuals and
institutions arc sometimes determined with irrevl'fsible finality. Thus,
under pressure, often the pretences fall away and tht' real relations
of the intricate \\iorld of politics show themselves through the
fractures of the spectacle itself.
Descriptions of historical events, like any other s(Kial L1Ct, depend
on discursive and narrative strategies. Various sides to the conflict of
the trial come with ideas about what they want this coming event to
be. Political trials are, however, peculiar in one respect. Unlike
common political events, which are brought into being by
inadequately prepared action of contesting sides so that control of
events is partly a result of adeptness in responding to surprise,
political trials are exceptionally deliberate occllrrences. Since they
are fixed, anticipated and therefore deliherate-that is, the actors
know that a trial is coming, when it will come, and can plan for it in
a way which is usually unavailahle f(.)r other political acts-they
usually bring to these particularly well-defined narrativistic strategies.
Human acts are narrativistic in a double sense. Some events are
such that stories can be told ahout them, they are eminently
narratable incidents in the lives of concerned individuals and groups.
But this sets up an external relation hetween events that make up
human lives and the stories that are told ahout them. Narratives, it
may be thought, are Illler facts, dependent upon the structure of
events of which they constitute the stories. But in some caSL'S it
appears necessary to look at the relation hetween narratives and acts
in a ditferent way. Because they know stories are narratives told about
lives, hurn'1l1 beings give their lives a storylike form, living up to
v,lrious narrativistic standards. Narratives do not relate to lives
secondarily, narrativity determines the lives that people live.
t;,lI1dhi lived the most narratable of modern human lives in
India-the most storylike, susceptihle to exaggeration and gossip, to
embruidny, to mythmaking. It is capable, in the exaggerating
imagination uf urdinary \1eople, of touching the edges of the
superhuman. Or at least as cluse as one can come to that in our
fallen and regrettably disenchanted age. Of the various forms of
narrative, the one that is most adequate for the intensity,
condens'ltion, and clarity of punctuatiun in political life is the
dramatic furm. This is rd1ected in uur cummon language; we do
G£llIdhi's Trial alld India's Colonial Stnte 295
not say a political event read or was like a short story or the modern
novel, but like a drama. The drama is the most furmally adequalt' to
the depiction and, I would suggest, the enactment of the hlrge political
acts like trials of leading dissenters. These usually have a clearly
understood and designated audience, a theatrical space marked off
from the ordinary, insubstantial, unsymbolic space of evervdav life.
Thev also generate the intense concentration of expectation and otten
the enlargement of gestures that drama cunsists of.
Often a great political event like this is prepared for in advance
and reveals the ideological representations of power. The British
colonial state had a strongly rationalistic image of itself, and liked to
maintain an image of a clockwork world of history, preteneling
complete mastery of the world including the time and rhvthm in
which it prosecuted everything. A trial theret()re is prearranged, part
of an unhurried rationalistic ordering of time which shows hoth its
scruples dnd its power. t~iven its ideological image of itself it could
not send an assassin to finish oft C,1l1dhi stealthilv at night. It had to
bring him to justice.
The structure of the rationalistic legal regime provides the rebel
with two great assets. First it provides him with the opportunitv of a
spectacle which, however tilted in favour of the state from the start,
however unequal, gives him a chance to utilize its implicit and
ineradicable dialogic charactt'r. The trial is an opportunity for the
state to accuse but it is also-incxtricahlv-one t(1I" the rebel to
answer back. And Indians who opposed the co!unial state all implicitlv
acknowledged this aspect of the legal process. COllllllunists in Kanpur
and especially those involved in the tvleerut Lonspiracv C,l"es,
revolutionarv terrorists during their trials always tried to turn the
Ie!,:.l I \)roces~ into an argull1ent between the state and theillseives,
and to turn the rationali"tic format uf the legal tri'11 to their
advant,lge.
Like a dr.lIll,l cnacted in a theatre, pulitical trial, ,Jisu hdve
audicnces which are often c1carly designated, .llld the Illcaning of
the trial .IS an hi"torit.lJ cvent, .It the first levd, would he interpreted
and rc,ld quite differentlv lw the' diffcrL'nt circle, of its v"inver,. There
was, huwcver, 'OI1lL'lhing in CU1ll1l10n, a cert'lin ckIllcnt of uverlap
betwet'n the Illeaning, that thcy would make ,d thi, lIlcidcnt, which
would constitute its cventual historic,d significdllcc. At Icast three
2Y6 f:xpenellcillg the Sltile
,1lldielKes w,ltdled Call1lhi's trial and tried to fit this new e\'t?nt into
thl' narr,lli\l' of the history of British coJolli,d ruk they had already
constructelL Its fIrst ,llldience W,ls British-the ,ldmillistrators alld
ci\iliallS \\ho constituted the colonial regime in Indi'l; hut behind
them stood the larger audience of thl' British politic,d puhlil \\ith its
illternaJ compkx 1,1ytTS and structurL'S, of cl,bS, aCl'l"S to flower,
lkgrees of po!iticiz,ltion, and interl'st ill coloni,l! happcnings in Indi,L
Onl' imp()rt,lnt part of C;andhi's rhetoril'al stratl'gy was his
,lttentioll to this audienct'; cvery sillgle act of his contained all implilit
gesture, a reference, an intl'rprctatioll of itst'lf directed to this
audiclllL', (;,llldhi was a p'lrticuLnl) skilful observer of the structurl's
of feeling alld ,ltfect in British dtlture, ,1Ild appedkd with r,nl' dYl'ct
to prevailing Ilotions of 'justicc' fl ublicity, t~lir pl'IY ill the judicial
process. Iv1orl' nalTow'lllinded nationalists oftcn did flot ullderstand
the historil',llnel'd for this dilllellSion of C;,lIldhi's acts, wh)' they had
to sl'lld ,In ulldillbiguous mcss,lgl' to the British public They thought,
sonll'tillll's, th,lt this acknowledgml'nt of their historic,d prl'Sl'llle
IO(lked Vl'ry Illuch liKt' ,In unlll't'essary dderl'nl'e toward, colonial
rulers.
Besides the British audience, c;,lIldhi's other prl'domin,lIlt audil'nle
W,lS the Indi,lll Illiddk cbss educated elitl', an ,1lIdit'nce which was
equ,lJly divl'rsl' ,lLld layered. /\t Olle kwl, thi, dudil'ncc included thost'
who held fl rosfl ered under coloni,t1 ruk, particularly thl' profession,ll
cbsses whosl' SC,HCl' skills Wl'rl' rl'muner,ltl'd l'xcessiVt'h' bv thl'
l'lllergillg structure of Illodl'l'n professiOlls. Their politil"l! l',llltion,
,1Ild their undl'l'st,llldabk watchfulness about till' possibilitv that thl'
derc,l[ of the British might illSidiously tr,l1lsl,lte itself illto their
dispossession, W,lS reinl(lrcl'd h\' the caution of thl' bourgeoisie which
supportL'd the (:ongrl'ss. At lower k\els of f'lLlsf'nit\, this ,1lldll'llcl,
h()\\'l'\'er, also included till' ','o!ubk, L'xCit,lhk, flL'tty bourgl'oisil' \\Ill)
JIIL',ILh h,ld Ill'l'll Illohili/l'll into ,1Ilti'CU!Ulli,1! for III '0 ut politica! dClion
in "'lrious \\,lyS; It'rrorislll in Ikong,d, TiLlk's l'\tr,'llliSlll, ,1 IIII the
stirrillgs by Ihis tillll' of nlLlrL' a,tLliglltforw,lrd sOLi,dist idl'olugy
,1I11ong the urh,lIl lo\\'n middk CI.1SSl'S. Thl'v ,h,II'L'd till' adv,lllt,lgl'S
01 cu!turL' Jnd .Irticul.llelll'S' with lhl' Llj11'n el.lS'oe, of ,'(llollial society,
allLl till' lkgL1Lhtioil of l'L'\)nOllliL ~lnti jlollitil,ll powerlcs'IH.'ss with
thl' poor.
l\ul (;andhi\ excepli"nali'lll L!\' ill dL1Will~ illto politic, Ihl' nLIs'l',
'1IIhL' !l(l(ll', illitL'Lllt' l'l',I,alllr\, In .lllextellsioll of it, nll'.lllinglllllh'SS
(;(//1IIhi', 'IntI! tllld Illd/{/', Colollitll Sltile 2Y)"
towards thelll, He ILld to al'coillplish th'lt in a sociel\' which was in .1
peculi'lr historical st,lIl', I han' argued elsl'where that the L'ltltural
pl'culi<lrity 01 colonial India W,lS thaI, unliKe lllOSt other ,olictil's
whidl, lk,pitl' their cultur'll inequ,llilies, fUllction around a Corl' of
c'OIllIll(lJl scnsl' shared ,lcross Ihe cultural hin<lrchies, it gr,lLlu,ll"
developcd two distinct l'ircks of common sen'l' whil-h illtnprl'lL'tI
most significant thiLlg, in the social world in radic'lily different ways.
For the WL',tnn educated middle claS'>, oftt'n speaKing, when
discussin~ gLIVL' alltl complex Ihings like their j1L,litics or their
cnllccti\'t' historical possibilities in l'llglisll, thc wodd W,lS .1 rl'alill of
C,llIS,ll and instrumcntal action. Politics, p<lrticular", \\,,1'0 a fiL'ld of
illstrument.ll acts de'llillg with mOlkrll forms of cntire'" st'cld,lIi71'd
pnwlT, It was the dOIll,lin of calcubtions, Ill()\ es, and countL'rIllO\l'S,
of the instrulllcnLlI uSt' of the resource, of urdn and disorder Jt
one's cOlllllland. I't',lS,lIlt groups did not sh,nT this cntirl'''' ,eudari/L'll.
prot;lne, disabuscd VICW of political r,lIionality.Io thcm, the world
was nota re,Jlm of causalit\ ,1JOI1l' but also of Illeaningtulncs, in
cHT\thing, tilliS, L'ven calls.lllv erJlL'il'nt ,lLts cont,lilled ,1Il inn,ldic,lhk
,Iura of mvsteriousness of something largcr, of tilt' worLI', imuut.lbk
design expressed through the small 'lIld tlnlte acts of ordin,lI'v j1l'upk,
In this discour"" thl' language or p()\\cr W,h illL'\trlL,lbk linKc,i
to thl' Iangu'lgc of s,lilltIIllCSS. Thc pCb,mtrv ,liT so comiLlcl'd of tht'
instrllLlll'ntaJ intracl.lbility of till' power of L'st.lhlishl'd rt'giml" ,llld
the inctfectualitv ot frontal disolwdi,'ncl', th,ll ,uceessful dL'kllle
,l'l'lllS to thelll ,ll\\avs ,1S ,1 miracle. Since dl'fiallcc ag,lil1'ot the
cOlbtitllted POWl-r of Ihe statt', particularlv Ihl' aWl'sollle jluWl'r ot
the British coloni,ll sl<lIL', was itself ,1 lllir,lck, il i, llOt ,uJ'}'rising th,ll
thl' fund,1Il1l'llt,ll1v trut' Sl'llSl' nf the mir,lLulous W,h l'lllhruidlTt'll
bv s(oril'S 01 (.alldhi', lilt'rallvsupnll.ltur,JI j1LlWnS of im incihilit\"
l"mdhi\ e\Cl'l l tioll,llit\ L'onsistl'd in necuting his politiLal ,1ltS in ,1
\\',1) th,1I Ill.lde ,CllSl', ,dhl'lt, In \'IT\' diffnl'nt W,1\'S, to bolh thl"l'
lOllilicting 'r'ltion,llitil'< being illtL'rfllTUhk to b"th t!lL"L' W,F', of
ill.lKing Sl'n,l' of Illl' ollto!ug\ of the political lIllivLT'l',
III l'VL'r\ ,ocil'l\', SOli,ll ILlns,letiolh u,,,' \,Hiou, t\f 1 l'S of
C(llllllIUlliL'.Iti\l' S\"lt'llh; \vonl, ;lIlll di'dll,i\l' f'LllIICl" ,ne ollk ,1
,nLlll p,lrt oj them in illilt'ratl' ,oLil'lil'" I,'I uS l,dl thi, l'lltirl' 'l'l 01
lonlllllllliL,lIin' tl'clllll<]lle, ,1 'L'miotil l'l'gisll'L II h ,tructurL'd liKl' ,I
rL'gl,ILT \\itil cOllllllllnil'lti\l' IOrlll' str,'tlhlllg 11<1111 bodilv gl"turl's,
'\ 1l1h"li'lll oj "lothing ,lIl,1 tirl"', thl' u,,' ull\lo,J ,h l,lIlgll,lgl" to the
:...
::;

::;
TO
C­ r­ G...:r
r~
= rr:.
r. -, :-, :: .~

~ ::J
~ c...:E ...,
.., =1 ~
~ ,....

::; ,....
~~<
r: ~

r-,
:...
J{)O hpc'rll'l/( Ilig //1(' "/i11t'
,,1 thl' ,t,ltl' l\h1(h l,lll hril't' '(lI11l'h,.dl 10 ju,tice, TIlL' 1,1Ilguagl' 01
thl' l'OUr[ procl'l'llillg, i, thnc!llrl', 110t ,urpri,illt'h, highl), ullequ'll.
III leg,'l 1<'1'111', thl' ,1lCU"l'lI, i, Ilot \\'t t'Udtl', Ilot 1'1'1'1l ,1 per,un
at'aill,t wholll thnl' ,llrl',llll- l'xi'I' ,1 ,trullt' prl"Ulllj'tioll of t'uilt. Hl'
j, mnL'lv 'Ollll'IIIll' ,lg,lill,t Illwlll a ch,ng" ILh ['l'l'll plc!l.'rrl'd, [11
l'il il ca'l" lwtIIL'l'lI illdil'idu'l].; who ,Irl' partil" to ,1 l'ollllic!, thi,
illlpar[ialitl C,1I1 uf COur'l' Iw l11ainLlilll'l!. [)ut a tri,d likl' (;,llldhi\
i111 III cd i,llCh' altnl,d this ,truLlurc 01 th,' kg,d tr,lIl"lltioll, So Llilguagl'
dOL" not gill' thl' allll'l'd the upportullitl' that the 1,1\1' ill ,I ,trill
~l'll,C dul" Thl' l'1l1 In.' blll~ll,lgC uf th,' tri,l! i, ,tru'.lurl,d ag,llll,t thl'
accu'l'd, fhl' ,llCU'l'lllllu,t 'P,"lk tu defcild him,elf, whllh 111l',II" hc
I1lU,t ,pe,lk aftl'r the otlwr', Thi, a!,u cOlldt.:I11Il' him to 'l'l'.lk atilT
thcm ill ,llloti,el' 'l'll,'C; tllcir pr,',cl11ptilc st,lll'n!cllt, ,tru,turl' th,'
f'o"ihditie, 01 hi, ,!'cc,h, hl' l'all u!1l)' rc,pund to Il'hat thn h,II"
,aid, Thc pro'l'cutiull h,h the iller,ldiclhic alh',lIlt,lgl' oln him 01
1""'IIlt' thc fWI\'lT, thl' hUllour, the pri\ilege ul' having thl' LjUl"tloll,
01 halillg thc hegillllillg, the alll' ,1I11agc withill Ih" trial. 01 111"1 illg
Ihl' \I'llItl' plell".
fhc alcLhl'd, hI this ritu,d "f legal di,J!oguc, tht.:'uhtle ill'lTtIO!1
01 sequl'IlCe, 01 tht' n . latiun, hetlIL'cll hdlll'c ,1Ild 'Iftt.:r. Wlthlll till
jurlllal l'lJu,llit' 01 leg,l! l'\changc uj upinion, ,1hoUI th,' la'l', i,
reducl'd to thl' pcrlll,1I1l'nt inlcriorit\, of h,lving to ,lll"l'l'r ill ,I
lonllT:><lti()1l which ha, Iwcn ,Llrtl,d lw tht' ,t,lll'. lklorl' Calldhi, th'Tl'
\llTC politiL'll kader, ur lllilJlallh who malk the ludiLI,,1 f'roCCl'dillg,
,hu\VcI'l" fur thl'ir PWIl l11art\ rdo!ll, krruri'h Lllillkllllll'd to lle"th
oflCIl m,llk rillgillg ,t,ltl'l11cnl, of flatrioti'ill ill th,' lourtl'lH)\ll hdor,'
the\ \\\'rc C\CLulcd, !\:ut ,uqlri,illgh, thl'';c ,[,1 lL'1 11 l'n I, \I'nc th,'11
lUrilcd into m,lleri,d fur 1l,1l1l11l,Ii"t Ill'tholog\, Bu[ c!c,pitl' thl~,
Ill<lrtlrdl)m ,ign'liled, ag,lill,t ,dl atl<'l11ph ,1t tr,1I1,lortlLltioll 01' it,
I11c,llling, ,1Il undl'niahle \'iclul'\ 01 th,' ,,[,11<', [;,llldlll did IlO[ 11101,'
intp th,' 'I'aradiglll', to u,e \'ictllrlulIln\ phr.hl" oj thl' killd o[
IlLHt\ n!o!11, I Ie' dCI'i,cd ,I diffnl'nt rhd'lrl"d rC'IHllhl' I'l'( uli,lr I"
hilli",I!.
(,alldhi, l,I'l' i, 1l1,lde LI'lln,ltlng 1)\ hi, undcT'tdlhlJl1g ,111l!
,uhlkll in l!,ill~; thl' !1"liti"tl Ih,,,1lI'l' of the lourt. I Ie' ,ho\l,',1 ,II~
,Icute ,11\,lIl'nl'" "I the th".ltriL,llitl' of 1.1\\', th,' '1'1l'" tlut it \, .Ill
,lll'lld, d ,t,l",l' 1\1I hi",ll lll'dlll,l III which h"lh ,id,', <lrc "hlig"d t"
ell.lci ,Ill ullf'rq',lInl l)I.I\, unrl'hl',lr,,'d .Illd llIlpr1'1l11'dit,IlL',1 t" ,I
(;,llId/II,' / U<I/ <Il/(l /lidio '" (0/01110/,)/0/" 50 I
cnt,lin l'\tl'nt, hl"'lllSt.: thc l'\change' drl' Ilut fi\cd hut ,tr.It"",i"
\\'!l"l'lcr plan thi, g,lI11C hcttn h,l' the l''f),I,it' tIJ 'LI111f) Ill' In,j"l1
Ull thi, hi,t"ricJl ,Ilt; !rolll it, softnl'" ill th,' flIl"l'lll IlllJllll'llt \I hell
it i, ,till l"'l'pl'llillg, it, nle,lIling w"uld h.lrdl'll tUI",'I'l'l (lllll' till'
l'\Lh,lllgl' i, finishl'd, !\jir,lculou,l:, in thi, la'l" the I,ist,'ril"l l'\1'1l1
L,ll11e 10 he' dL'ler1l1illl'd hy (;,lIldhi, Ilot h> Ihl' lUllg" Illlt th,' f1 uhhl
pr"'L'Lut"r dl',pitl' thc ,tructur,ll dr'11l1atic adl<lIltdgl" thl'l had "\l'l
hi Ill,
(olo!li"l autlwritie, Lk,Hh \\',1I1lL'd 'Ulll,.' I'oliti"d tri,ll, t" h,'
,p,'ct,lck, hl'C,lUSl' 01 thl' illll'llrl,1I1Cl' 01 thl' \'C"!,"" h!'<lught 10 tri,d,
Thl'\' understood quitc Wl'll th,1t politil' oltl'll Ilurb 1)\ ,1 k.1I1ul
1'J'()Ll", "I ',ollLlgi"ll, or rclwlliou, aLI" f,'<lr "I \lhi,h 1ll,lk," p"tl'l1ti,ll
reh,'I, de,i,t frum thl'JI1, Th'Tl'forl', fr"lll tl1<' I'oillt 01 VIl'I'" 01
,llltiloritil", th,' Ill.lill purpl"c in the tri,d 01 ,1 11Otoriou, po!iti"JI
\calkr \\',1, Ilpt llll'rl'h' to 11lllli,h /Iilll, hut to reducl' hi, morl'
inLlllgihll' ,Ima, thl' first hl'gillilillg pl hi, Illyth, lri,lk if th'''ltriL,Iih
l'fk,tl\'l', would Ilpt Illl'rl">' brilig ,tricII:- ,llld ,uul'u!(lU,11
I'wp"rliOn<lt" kg," puni,h1l11'llt tor Ilre,'king the law, of thl' L"I()lli,ll
,t,ll<', hut \lould di,'Lourat'l' "tlwr, r'nlill takillg thl' ,,1I11l' p,llh,
Briti,h ,1lItllOl'ltil" tril'd thi, kil1d (lj leg,ll·th,'auil"" redultil)ll 01
IlH"t ul thl'ir "l'riou, Of)fhllh'llh·-lilak, (;andhi, terrori'h, ,1Ild
cUlllllluni,h, lhu" thi.; tlll"ltric,llit\ ,1ltU,JllI" tk,JI, Il'ith thl' !'rol'km
of 1'"liti',111l11 th" ,\ I'0Jitili1ltri<l1 h Il"t ,ignifil,JI1t Illr \I h,1l h,ll'!'l'l"
ill,idl' it in a "'lULlI', d"IllI'lilil'd, l'ati"ll,lli,t ,e!lS1' pl thl' tel'lll. It i,
Vit,ll prl'Li'l'h IWl,IU"l' 01 it, "'lllh"lll ,igllifil,lIlll' ih "hilltl' to
rl',on"tl' ,lIld ii' dhIiitv tu '1""lk .Ill''''' th,' hOUlllLlri,', of th,lt limlte'd
,itu,ltiIJn, in thl' Intilll,lti,)n, (Ji lIlll\','I'","itv illlpliLit in Ih olc,bioll,
(:oloni,ll ,ldnlini,tLltor" lik,' oth,'r pl'<.l!,k in !'O\ll'r, hlu',llIlt,
jUdgl" or L, I'.j honlj',on', LI1I1l1,lkcr" ,,1\1' tri,JI, d. dr,lI)l,I, "I
lktl'IT"llll', I'h", \lerl' ,11'0'l'l'Ltal,,"' of I'0\ln; thl'l l'I"l(!~ht till'
di"cllter, the' indilidu," \\'ho di,ohl'll'd th,' 1,1\\, t,) ,I 1,I,iL<' (II
hUJl1i1idtioll lI'hul' hl' I\ould h,' ,holl'll ,1, 1'''\\ ''ll,'" , I" li,I~L<t. ,Iild
illsl",niIIL,llll. It i, [I"l ti,l' di,1111'Illhcr1l11'1~1 (11' Ih., h",1: lhdt I'
dttl'lllfllL'd, hut the' lllorl' l'IIL',:til l' d"nll'llll'lTllll'llt ,11 I h,' lJl1.1gl', Illl'
thl'dtn"Ii u,k of tl,C ,1,1lL' i, to rl,du,,' hilll, tllr"IIFh lit,' I'uhli,
!1"rLh,', of thl' tri,ll, illto ,1 COllllllon nUll, \I'h",,' l'r,'ll'll'll lll' ,d'
l'IUltillg thl' !"llitiL,ll mir,llie' 01,1 'lllll",tui ,,,"li.lilL<' ," ,,,it'IlI,JI I'llie'
,II'I' ,;tl q'!'l'd .tW,ll, (:"I1ILT'l'iI', (;.tllllhi\ t,l,k I\,h to ~1l<l\I' Ih,lt Ih'
302 Experiencillg the State
could protect the image of a person who showed the possibility of
defiance and, through his example, encouraged others to do the same.
But as the contlict and the violence were symbolic rather than
physical, as the cuts and thrusts were through concepts and
arguments, both sides chose their champion with care. From the point
of view of the state, the choice of Gandhi as the victim of its legal
punishment was crucial, precisely because of the symbolic structure
of the political movement. Nothing short of the defeat of the leader
was a full defeat for the movement. It was only when the leader was
silenced and reduced to commonness, frailty and anonymity that
the movement could be politically embarrassed and concede ,1t least
temporary defeat. Rut these repressive apparatuses of the state often
accomplish by their negative acts a complete identification of the
leader and the movement.
(;andhi, I would suggest, accomplished something like a complete
reversal of meaning in his trial, turning what was nwant to be a
spectacle of humiliation of the rebel into an embarrassment of the
state. He did this through his ability to speak and be meaningful to
all three of his audiences; thIS did not playa mean role in determining
the actual nature of the eventual transfer of power. The legal frame
which he had to deal with presupposed some principles of the liberal
nation state, and by manipulating them, he was ahk to startle and
outmanoeUHt' other, in the courtroom drama.
Apart fmm putting the accused in a secondary [)osition hI' forcing
him to ,1I1swer, the strudure of the Ll\v also presume, that the power
of the state would induce him to plead not guilt\·, and his rational
reaction dS the accused individual would be to trv to escape
punishment. Also, there is a [)resuml'tion behind ail tillS that the
punishment i, being inflicted b~' thl' ,tate on lic!Ill!/ of the society as
,I whole, of which the ,It'cused individual is a part. Sn the nation,
stdte ,ICCq)tS ,lnd owns him as a subit'lt, a citilen in tht' [)roCt'SS of
punishing him. Implicitly, behind the Ieg,Ji lorms there e~ists the
liheral ided of the ndtion ,IS ,1 uJmmllnity whith owns its members.
As it turned (lut, the state's prep,Jrations ,lctu,llk hdped (,andhi.
Since the focus was so intensely on him, it offered him a ch.mce to
drdw upon and put 10 use the rhetoric of his lonelinc,s to great
effect. Starting from his dress, whit"h was d symhol of int ransigence,
to his deliberate discursive moves, everything was meant to underline
C;andhi', Trial and Illdia', Colollial State 303
his ability to enact defiance. The legal report which with typical
blandness, deliberately took away from the thedtricality of the
occasion said, 'Sir T J Strangman and Rao Bahadur (;irdharlal
conducted the prosecution, while the accused were undefended.' \Vhat
the legal report could not say but was clearly implicit in Candhi's
behaviour was his symbolic refusal. By refusing to defend himseiL
he refused to make the expected countermove in the game of the
trial, and rejected the assumptions of the liberal conception of a
nation state which were implicit in the legal structure.
Candhi singlemindedly and systematically disrupted the script of
the state for the trial. As the charges were read out, the iudgt' asked
(;andhi to plead guilty to the charge Of ask to be tried. (;andhi
pleaded guilty in a specially difficult way. He not only acknowledged
that he wrote the seditious material mentillned in the charges against
him, but mentioned several others which were possibly ('ven more
intlammatory in their seditilln. Since he pleaded guilty, he enClluraged
the trial iudge, C.S. Broomfield, to state that the only matter that
was left was sentencing the accused since he pleaded guilty to the
charges.
The public prosecutor objected to this abbreviation llf legislative
procedure and claimed that the charges were not only to be read
out, but also fully explained. [n the theatre of Jaw, it is of great
significance for the prosecuting side to keep control over the
proceedings and stick to its proper sequence. Since in this case it was
also a contest between the moral claims of the two sides, it W,IS
imperative for the state's side to pre~;ent its argument to the audience
outside the court. This explains the public prosecutllf's anxiety that
the charges were not merely recited bUL explained, and illustrates
the effectiveness of Gandhi's brief but fundamentalmovt' tn disrupt
the formal sequence of the procedure. The power of the state strained
to appear justified, to prove itself with compellillg arguments of
legitimacy in the eyes of both its British and Indiall audiellces.
The discursive purpose of the trial was to disarticulate Candhi's
argument alld establish his image as a lawbreaker, a pt'rson who tried
hut failed to resist the power of the Cllionial st,lte, which was able,
after all, to bring him to trial and semI him to prison. The tone of
the state, as the representative of the society it protects, had to imply
its moral superiority and put the moral blame of causing unnecessary
 ,")04 [:XPCI/l'/IC/II?, 111<' Sidle
and indfcltu,11 di,turb,lllLe on the nationalist dissenter. This required,
both nHlr<dlv ,llld thc,ltric,llly, that the accused should act as a rational
individual ,1Ild scek to escape ~'unishment. If he did not do that, if
he refused to esca~'e punishment, if he refused hi, right to be tried
this upset the entire dramatic structure of the legal form.l;andhi, ill
a St'nSt', chose to do the exact op~'o,ite of what the law of sedition
('x~'elted him to do. Though the punishment-; wcre draconian, he
liter,dh' invited them. C;ivcn the opportunity to ask for ,I trial, he
s~'urncd it bv pleading guiltv. J-Ic did e\'crything from his ~'oint of
vicw to disrupt the script of the state through the prosecutor brought
to the trial.
From a n,lITOW quotidi,ln point of \'iew, the outcome of the trial
W,IS ,dready decided. It W,I, ,I foregone conclusion that the colonial
authorities would SL'ntenL'e C;,lndhi and send him to prison. The
practical LJuestion W,I' how long his sentence would be; and the
symbolic question W<lS how the more interesting conkst over the
'historic meaning' of the tri,d would end between the two descriptiollS
that the co!oni,11 state and C;andhi brought to it with their different
scripts. C;andhi's actions pi <Iced emphasis on just tht' opposite
elements in the court; he could not match the st,lIe in pomp and
~'agc,lntry, but he could turn his lonelirwss ,Ind vulnerability into an
idea of immense rhetorical ,md symbolic force.
But the gre,lt ingenuity of his exchanges with the law could again
be re,ld in two different ways. The middle class Indian audience S,IW
in it the subtlety of his lawyn's mind, and perhaps a degree of courage
in standing up to the state's coercin' authority. But the peasants could
l'<lsilv see in it ,I contest with L'\'il ,Ind interpret it, in their own wav,
as a form of S<lintliness. Saint lineS'> W,IS ll1,nked by an improbable
L'\ll"nsion of subiedivity, subsuming within itself the more in,ldcLJuate
,md cowardly subjectivity of others. It was the mark of saintliness to
bc ,Ible to su/Tn exemplarilv. Suftl-ring was the common human fate
bllt cxelllpl.1rV sufTcrillg was to sufkr without cause. l;,mdhi also
showed his L'xtr,lOrdlllarines,> by defying the logic of IH)fm,lky in
'Ittcnlpting to m,lximize r,llher than shorten the punishmcnt he saw
cOllling. To ,Ill likL' th,lt W,IS irratiollal; but that pr'Yi,cly markcd
him out as somL'onc who \\',IS lll1l0nllllOn, c\traordinarv and touched
b\, thl' divinc ins,lIlitv of thc saint. This transcellded narrow, ordinary,
rational cakul,ltions ,llld was accoIllp,lnied bv the ability to bcar
extr,lOrdinary S<ILTifice.
(;,111,1111 's Tridl ilIlil [/I,llil" (%llid/ Stlltc 305
This was an imInel)'L' eX.JggLT,ltion oj the scale of his ,1Ltions which
became larger than lite. This was heighten cd h: ,mother rhetorical
device Camihi often used during his trials. I luring sC\'LT,d crises he
enjoined his supporters to act with utter and im['erturbabk rc,trainl,
to ensure that not a single hrick W,lS thrown at a slllgit' ~)()liccman.
This served two rhL'lmical purposes. First, it heIghtened the dramatic
sense of his represent,ltiveness of the whole ndtion, his acting on
their behalf- and 'lssuming to himself their sufkring and ,mger. It
also crc.lted ,1 wonderful,tillness in the ['olitical world providing the
perfect framc for his acts inside the court. It was as if the whole
stage of India's confusing, ch,lOtic ~'oliticaluniverse was plunged into
d<lrkness with a single circle of light illuminating the courtroom,
which meant that his fdintest whisper, the sm,dkst possihle move Ilc
made would not he lost to hi'> 'llIdiencc,. Tht'\' would st,lnd out in
thi, stillness of ,III othcr actions with ,In unusual, extraordin,lry cl,lrit)'.
These .Icts were already on their W,ly to heing mythici/ed,
The way 1;,lIldhi moved, hoth in devising the gelln,d (haraLln or
his movement or non-vinknce, with the strong ,lnd surprising
connection bdween defiance and non-vioknt resistanL-e ,lg,linst th,'
state, not countering fnrce with force but a moral stance ,lg,linst thc
state's legitim,lcy, put the colonial administratms into great diffi(ulty
in making their reS['nnses meaningful to the audience they reared
the lllost--the one at home. It seemed to !c'l\e them with only three
options, all less tklll satisL1Llory. The\' (ould remain passive in tIll'
L1ce of l;,lIldhi's constant pro\'l)C<ltions ,lnd a['I'l'ar weak and
irresolute. Thcy could try massive rq'ressinn, hut the Illlmhcr, \\ere
1,lrgc and if the use of for(c got out of control and slId intll cxcCss,
the)' \\lHdd ,1['~'l',lr shockingly hrutal, crL',lting a disson,\n'L' hdwl'en
l'oliLing me,lSllres of the ,:o!onial regimc and the ration,dist, li\ ili/cd,
selr-llll,lgc nf co!oni,11 idco!ng:. AltLTnati\el:, they (nuld mix rl"tr,linl
\\Ith klrshness--whi(h i'> \\ha[ thc\' ,'\'entualh did--,Ind managcd
tn al'['ear hesitant 'Illd hrutal dnd, worst nr ,111, illcllnsi,lt'nl.
On a smdll sl-ale, this dIlfncllti,ltillll of ,11'['l'llal-hcs ,ould hL' '>L'L'II
in the responses tll 1',lIldhi in th,' iudiLial sdting itsl,11. Thl' I'ubli(
[1I"osecutor did Iwl losl' hi'> ncr\'(' ,lnd rl,ru,>cd tll I.dl illtn tr'lI"
constdnth ,prung h\ CanLlhi's discourse. But '>llUll It \\.1.'> ,lIn[,h CIe,II­
that (;,lIldhi's discursi\L' nw\es h,ld had 111l'lr df\:Lt, dlld drivcn .I
l kdrly disccrnihle Jilll' of distinction hd\\l'L'll thl' prO'>L'Lutor dlld
lhe judge. \\'hile the Judgc \\a,> willing tu ,lhhr,'\ I,ll,' th,' ,1'Lu'.tlion

306 l:xperi'>/lcinS til!, Stilt,'
procedures bec,luse t;,llldhi had aln':'ldy plc'lded gUilty, the proseclltor
hJd to relllind him of the 'fullne'" of IcgJI Inrm,lIities and the
neccssitv or ,111 expL\I1'ltion uf the chJrge"
How iudge Bmomficld bel1'lVcd in the tri,ll is gL'ner'llly well known,
the W,ly he almost conceded to eJndhi the titk of saintliness. But
that W,lS thc end result of the intricate moves Jnd COllnll'rmoves in
th,' langu'lgl' of legality. The Judgc's Llnguagc bccllnc incre,lsingly
dekmivc ,lhout the sentencing and dekrential tow,lrds C;,lI1dhi, and
a tone of t~ltal ,ll1lhiguitv crept in e\en when he lay down the
procedures of the triJI. (;,lIldhi procecdL'd in his opL'ning rC\l\,lrks,
before he rCld out his prep,lred sentence, to ,h,LII11L' responsihility
Illr the events of Chauri Chama and BOl1lbal'-ag,lin JI1 Jssumption
of responsibility for ,1Cts that others had done, thus so enlarging his
responsibility 'llllimaking himsL'lf, in ,1 sense, tl1l'ir represcnlative hy
suffering in thL'ir pLlce.
1,1111 tlwrclt)J'l' hl'll' tll submit Illlt (ll d light pcn,t1tl' but tll the highcs( pcndltl',
J dll nllt ,lsk fllr 111el'(I', I dll nllt plead ,Ill:' c\tcllu,nillg alt. ] 'lm herl' theretore
to invite 'lnd dleerfully suhmit tll the hi~:dlcst pefl'lllI that (,lfl he inf1idcd
upon IllC t(lr wh,lt in law is a delibn'lte uime 'lnd Jppear'i to 11lL' to he thc
highest duty of ,I Lltizen, The onl\' course llf1<:?1l to you, the Judge, is, ,l'i I ,1111
goin~ to ',1\' in Illy ,t<ltel11t'nt, whdher \(1 resigll \'llur po,t, llr inl1iLt Ull Illl'
the S,'VL'I'l'St IWll,l!ty, it )OU believe th,ll the ,y,telll <llId Idw I'OU arc assisting
tll adminishT dre good for thl' people.
Thi,sho\\'ed an 'lstonishing ,llcrtncss about thc smallest opening,
III the Icg,l! transactions. for this was a move which could not hall'
hcen prepared or rehearsed; it was improvised as a re,lCtioll to the
courtesl' with which thc iudgc conducted tl1L' f1ruceedillgs, 'lIld in
which t;,111dhi quickly sensed ,ln opening to discomtit the sLlte\
discourse. He succecded ,11 least parti'llly since this illtroduced ,1
dissOll,1I1Ce betweell the discursi\"C ,lets of thL' prosecutor alld the
judge, ,111l1 we detect a Ilote of gruwillg nllJral ddellsivl'ness and
,1I11bl guit\ ill the iudge's beha\'iour. He 'iai,L 'the determinalion of ,1
iu~t sentellce, is perh'lps as ditTiL'lIlt ,1 Prof1ositioll ,IS ,I iudge in this
country could h,l\'e to faLL'.' Ik continued, n1llrL' fdmlllh!\" to say, 'it
will be impossible to ignore lhe fact that \'Oll alT in ,1 different
calegol\' fnlill dlly person I have ever tried or ,1Il1 likeiy' to try. fven
tlwse who diflCr frum l'Oli in f10litics look uf10ll )'ou ,1S a mall of
high ideds ,lIld of noble and evcll of saint!)' lite.' \\'hdl is interesting
(;tlllli!lj', 111111 '/1/<III/.I/(J',< ctJltJllinl Sinh' .'07
l'i the 'lmhiSlIit\ th,lt creep'i il1lo hi'i LlllgU,lgL' ill cOllsLlllt
1
qu,llific,ltioIl S \\hich tOUch "ll1h,nr,\S'iinglv the h'lnll'r'i of 'lf ol ll gv
,llld e\lL'llll;lti",l. The iudge s,lid th,lt he h,ld III d,'al with t ;,llldhi 'ill
WM
ulll' chM,lLlL'r unlY', he' \1',lS sentencing him bl'C,llhL' uf \l'h,1\ ,11'f 'i
t'l him to hL' nl'l'l'~S,H\ ill the 11ubli,' illterest'; it \I'a'i 'hi'i dut)' to 1',1,'
,1 sentl'llL'e on him, which he e\'idelltl\' did not tillll agIL'e,l!l!l' or
lllor,1lh str'lightrol\l'ard. fin,lllY, he e\.pre"ed thl' h'l\,e th,lt it \\lluld
be possibk ror till' (;O\'lTll111elll of Illdi,l to reduLe tl1<' p,'riml ur the
Sl'n tellcl' (;andh i ""Hlld h,l\" tll ,UI L'. t ;,lIl dh i \\',l,'i 'L'1l kllce'lL a I'ter
this e:\tr,Hlrdill,lr\ di'if1],l\ of CIIIlI\'jti"llOI' Ihe ludici'll rcprL''''Ilt.lti\e
ur tl1<' st,lte, til t\\U \'cars or siml'k iIl111ri'iollml'lll ,)\1 threl' din~'relll
l-uunts, si\ l'e,1rs in ,lit. He' had to ,enL' OIl!V twu l'l';lI' '1\ tlwse ,i\,
But thL' tri,l\ h'ld (,lKl'n Ull ,1 C\llllf1Ictl'lv difkll'llt I11L',lllillg tn1lll
till' the,llrl' of hUlllili,ltiull ur ,lt k,l,t rel\uctioll it \\,l'i nlL',lllt t,l be, It
did re111\l\'e the \'O\'UI,lr leader from hi'i 11,1tllr,l\ pu,iliun ,It thL' \w,ld
llt' tl1<' I1lUI CI11L'11I, ,1\\',1\' t'rUlll thL' ,1dl1liratiun ot thL' ll1ultitulk ill
11uhlic mcetill/!.' into the Ull1l,lIUrallollelllll'S'i of till' cuurtl'\Hllll, ,1I1d
\'),lCl'd hi III in ,1 r1'lsitlun ur t'llllrl1lUUS thl\ltric,l\ InL',\u,llitv-hl'l\\e,'1l
thl' p,lgc,11ltn' or the cuurt, enh,1I1cL'd hI' It, l1le,lSUrCLI, delibn,ILe,
ritu,lli/l'd LlllgU,lgL' uf unhurried Ill'\lLedures ,1 Il l] hi'i ,)\\'n forlorn
e\istl'IlLe In tilL' d\lCk. Bul (;,lI1,lhi ,lde,lted the theatric,'! "ript ot
tilL' tl'i'l! bl' tilldillg ,1 \1,1\' uf e\.'lgglT;lt illg precisch Ihe qu,llitiL''i \\'hich
the 'it,lte \\ish"LI to emph,bi/e-his dress dechl-illg IllS ,1t'lili,ltiOIl 1\1
thL' I'oor, his ntlilnahtlil\ which ulliv increased till' SL'IlL'ra! ,Clbe 01
his LOl1!"ase ,lIld "piritu,ll resolutiull. He ulldermil1L'd tilL' ,lttL'1l1 r't ttl
,1(lU,e him 'lnd tn' uut hi'i C,l,e b\' thl' I're-ellll)tile I1WI l' ur 11k,ldins
suilt\ ,1 IlL\ ~hkillS ror the' \\\<l\lmU111 pUllishmcnt. ,lem illS the'
Illn<'llOlldriL" "I the 'it,lte l'\l'll Ihl' lu\.urv, ul' (lelllellcv, '
hll,,1h, ill hi, ,!wrt hut highh 'ilgnilil,lllt l'\ch,lllgL" \\ Ilb th,' iudgc,
hL' j'lI s h,''\ him intll th,' ddL'Il,jIL' Oil n1\)l',ll gruulld, alll\ till' lu,IS"
C,lilll' \IT\ L'I'''l' tu 'llk\1UI\'kdgill'" hi'i 'i,lilltlilll''i'' ()I th,' [IIlJ ,,'rit'h
whi,h thL' t\\ll ,idl" brought t" the Iri,ll, ,uI11ri,illgh it 1\,1' \ ,anelhi',
Ih,\t kit ih \11.lIk "ll th,' L'll'llt, dCIL'1 milllllg it'i LI1,1r,1l\<1. \ h,' "ri\'\
<1\' thL' 'i\'1\l" lk'I'itl' thl l\llhidLTabk ,llh,lll\'lgL" ,,1 Illl lill',llrl' "I Ll\\
,1 ill I thl' lir,t IllU\ ,', \\,1' \'lk,'11 ,II',lrt ,lllll rnltkl't! t" d 'L'lhL' "\
iillUhe'le'I1,L' I hruugh th,' judge' it L,lllll' ,lll'" 1'\ ,Inq'tillg thl'
pl"itillil III the ,\ccu"'lL h,'C,lll,e hl' '1'"Kl' ill t,'rlll' ll\' l'\ll'llu,lti"n
,1nd guilt 1\ hi,h l'\'\I\L"d ,1 ,<'ll'C ,)1' gt'l"ll 1l1ll1,d 1I11l"1'L' III rlUilt "l'
 -, r_
~~ ro
2.-, r, '7
'-'
~ ~
::.;
:r.
~
'J
r,
-, :;

r
r, ::r
r.

:::1" ­ r~
r: c.....
'-' ::::i -r:; :I s...
-s :::
~
3
;::::J~ ~ :::
r:
2
~
~,~ ::.;-6
::: r:
~::;.
2.-~ ro
r, ::r r, '-'
r, r;,
J
'-' r. ::: r.
=-:.:.~

:...' r.
r,

r.
r,
r.
::: ./
./,
-, :...

:::
:::,
r

.......... r~
J

r·6 r.
J >-7::;­
-...... .
::r r
G fr:.o :...
~
:::
I r,
~ ~~ r.
J ;::
-
r. J r,
-. --' ::: r~ ::. J r_
J
'-'
r~ ']::' ::- c..... J ::: :::