Law and Lawyers: Gandhi's preparation for England, the Bar and his first years of practice
English · Unit I · Topic 3 of 16 · 6 min read
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Cases checked to exist. Read the judgment before quoting a holding.
Every case cited here has been checked to exist — the citation resolves and names the right parties. The propositions attributed to each case have not been verified line by line against the judgment. Case names link through to the full judgment: read it before quoting a holding in an examination answer, and never carry a proposition from notes into court on trust.
1. Why England? (chapter 1, “Preparation for England”)
Gandhi passed his matriculation in 1887 at Ahmedabad and joined Samaldas College, Bhavnagar, but found himself “entirely at sea” and returned home after the first term.
Mavji Dave’s advice. Mavji Dave (“Joshiji”), a shrewd and learned Brahmin and old adviser of the family, argued that the times had changed: a B.A. would take four or five years and fit the boy only for a sixty-rupee post, not for the Diwanship his father had held. A barrister from England, on the other hand, could become Diwan “for the asking”, in three years and for four to five thousand rupees. Gandhi asked whether he could study medicine instead; his brother replied that their father, a Vaishnava, had disliked dissection of dead bodies and intended him for the Bar.
2. The obstacles and how he overcame them
- Money. His elder brother, Laxmidas, worried about funds. Gandhi travelled to Porbandar (five days by bullock-cart, and his first camel ride) to seek State help from the Administrator, Mr. Lely, who brushed him off on the staircase: “Pass your B.A. first and then see me.” He then offered his wife’s ornaments, worth two to three thousand rupees, and his brother promised to find the rest.
- His uncle. The uncle doubted whether one could live in England without losing one’s religion, and would not give permission himself, but said he would not stand in the way: “It is your mother’s permission which really matters.”
- His mother. Putlibai had heard that young men in England took to meat and liquor and “got lost”. Gandhi promised he would not touch them. She consulted Becharji Swami, a Modh Bania turned Jain monk and another family adviser. He administered three solemn vows: not to touch wine, woman and meat. Then she gave her permission.
- The caste. (Mentioned in the Autobiography and referred to later in the book.) The Modh Bania caste opposed the sea voyage and excommunicated him; on his return one faction readmitted him after a purificatory bath at Nasik and a caste dinner.
He sailed from Bombay on 4 September 1888.
3. In England (chapters 2 and 3)
- The London Matriculation. Lely’s words stung, so he resolved to take a degree-level examination as well. He chose the London Matriculation, learned Latin because “Latin is very valuable to lawyers”, failed in Latin the first time, and passed at the second attempt taking Heat and Light in place of Chemistry.
- Keeping terms. He joined the Inner Temple. A student had to “keep” twelve terms (about three years) by attending at least six dinners each term, and pass the examinations in Roman Law and Common Law. The examinations were so easy that barristers were called “dinner barristers”.
- Honest study. Gandhi thought it a fraud not to read the textbooks. He read Roman Law in Latin (Justinian, which later helped him with Roman-Dutch law in South Africa), Broom’s Common Law, Snell’s Equity, White and Tudor’s Leading Cases, and Williams and Edwards on real property.
- Called to the Bar on 10 June 1891, enrolled in the High Court on the 11th, sailed for home on the 12th.
His helplessness. He had read the law but not learned how to practise it. He knew the maxim sic utere tuo ut alienum non laedas but not how to use it for a client; he knew nothing of Hindu or Muslim law and could not draft a plaint. He did not dare to trouble Dadabhai Naoroji. Frederick Pincutt laughed away his fears: not everyone need be a Pherozeshah Mehta; “common honesty and industry” are enough to make a living. He told him to read Indian history (Kaye and Malleson on 1857) and to study human nature.
4. Problems in the initial years of practice (chapters 4 to 7)
| Problem | How he handled it |
|---|---|
| Household expenses raised by his brother’s hopes and by Gandhi’s own “Europeanised” reforms | Moved to Bombay to study Indian law and gain High Court experience; walked to court daily to save money. |
| Touts demanded commission for briefs | Refused in Bombay and still got Mamibai’s case (fee Rs. 30). |
| Stage fright in his first case, in the Small Causes Court: he rose to cross-examine and “my heart sank into my boots” | Sat down, returned the fee, had Mr. Patel engaged, and resolved to take no more cases until he had the courage. |
| No income | Drafted a memorial for a poor Muslim; applied for a Rs. 75 teaching post but was refused for not being a graduate; returned to Rajkot after six months. |
| At Rajkot, drafting work came only through his brother’s partner, who expected a commission | Gave in on this one point, later admitting he had deceived himself. |
| The first shock: asked by his brother to use an England acquaintance with the Political Agent, he was ordered out and pushed from the room by the peon | Wanted to sue; Sir Pherozeshah Mehta advised him to “pocket the insult”. He did, and vowed never again to exploit a friendship. “This shock changed the course of my life.” |
| An atmosphere of intrigue in Kathiawad, where “the sahib’s will was law” | Accepted the offer of Dada Abdulla & Co. to go to South Africa for a year at £105 and a first-class return fare. |
5. Model answer: “How did Gandhi get his mother’s permission to go to England?”
After Gandhi left Samaldas College, the family friend Mavji Dave advised that he be sent to England to become a barrister, the surest way to his father’s Diwanship. His brother agreed to find the money and his uncle said the decision lay with his mother. Putlibai was deeply troubled: she had heard that young men in England took to meat and wine and went astray. Gandhi begged her to trust him and swore that he would touch none of these things. Unsure, she turned to Becharji Swami, a Jain monk and family adviser, who had Gandhi solemnly take three vows, not to touch wine, woman and meat. Only then did she give her permission. The episode shows his mother’s religious devotion and the seriousness with which Gandhi took a promise: he kept the vows in England against much temptation.
How this is examined
“Explain M. K. Gandhi’s preparation for England” (October 2023, January and June 2025), “Why did Gandhi go to England after his matriculation?” (June 2025), “How did he get his mother’s permission?” (January 2026) and “What are the problems faced by Gandhiji in the initial years of practice? How does he handle them?” (January 2026, 100 marks). Use the table in section 4 for the last; examiners reward the named details (Mamibai, Rs. 30, the Political Agent, Pherozeshah’s advice).
Now try the real questions: English past question papers.