ADVOCATE GENERAL TAUGHT ENGLISH TO ME

Kanhaiya Lal Misra (31.08.1903 – 14.10.1975)

Summary: This is second part of the series 'Command Over Language Is An Asset' told through life of Kanhaiya Lal Misra. 

In this and next post, we will briefly talk about life sketch of Kanhaiya Lal Misra and what I heard about him in the corridors of the Allahabad High Court. 

In other tributes to KL Misra, different words for the same incident are used. However, they are equally, if not more praise worthy than my description. 

I have described them as I have heard in the corridors of the Allahabad High Court.

Command Over Language Is An Asset 

One Sentence Changed The Fate।। Advocate General Taught English To Me।। Misfortune of Being Opposed by KL Misra ।। Present Evolves Out Of The Past।।  Has Rhetoric Any Place In Court?।। Ruling May Not Choke My Intelligence।। Well Read Person - Best Prepared For Law।।

Life-Sketch

KL Misra was never second in his life. He stood first in Matriculation and intermediate examination conducted by Allahabad University then topped in his graduation in Economics honours from Benaras Hindu University in 1925. 

He stood first in ICS in 1926, scoring 150 out of 150 in English paper, prompting his examiner of English paper Sir Arthur Quiller-Couch (one of the editors of the Oxford Book of Verse) to write a personal letter in Misra’s praise to Professor SG Dunn, the first head of English Department of the Allahabad University. The following sentence in the letter sums up everything, 

“It is the Englishman who had conquered India, but it is only KL Misra who conquered English.”

Nonetheless, KL Misra was not selected in the ICS. He had black spot against his name: he had joined the nationalist movement. It was good that he was not selected otherwise India would have lost its finest lawyer of 1950s and 60s. He passed his law in 1927 and joined District Bar at Azamgarh but shifted to the Allahabad High Court in 1930. Slowly but surely, he rose to eminence. 

He was appointed Deputy Government Advocate in 1947, basically dealing with criminal matters. But when in 1951, constitutionality of Zamindari Abolition Act was challenged. PR Das was very eminent and perhaps the finest lawyer at that time. He came to argue it. He had successfully challenged the similar law in Patna. KL Misra was entrusted to defend it and he did defend it successfully, establishing himself as a great constitutional lawyer. 

The same year (1951), he was offered High Court judgeship that he declined. The next year (1952), he was appointed as Advocate General. So great was his knowledge and arguing ability that after hearing him in one of the cases, Chief Justice of India SR Das remarked, 

"Mr. Misra, why do you not come more often to the Supreme Court - the cases in which you appear, raises the standard of our judgement." 

It is not clear if it was 1955 or 1957 that he was offered Supreme Court Judgeship that he also declined.

With Justice Earl Warren At Varansi

Chief Justice Earl Warren of US Supreme Court came to India in August 1956. On his way to New Delhi, he broke his journey at Varansi on 27-28th August. Chief Justice OH Mootham and KL Misra both had gone there to welcome him. 

News paper Aaj dated 28-08-1956 published from Varanasi providing functions in honour of CJ Earl Warren and dignitaries present.

CJ Warren was hosted over lunch by Civil Bar Varanasi at Hotel De Paris and later addressed Law students at Banaras Hindu University. It was here, that he heard KL Misra. After hearing him, Chief Justice Warren remarked that if they had a counsel like KL Misra appearing in the US Supreme Court, they would waive the time limit every time he appeared.

With Lord Denning At Allahabad

CJ OH Mootham 1955-61

Lord Denning came to India to participate in the International Congress of Jurists, at New Delhi during January 5-10, 1959. At that time, he also visited Allahabad on the invitation of Chief Justice Orby Howell Mootham. 

During his visit, he met junior lawyers and receptions were also held in his honour. One of them was in the marble hall of the High Court. KL Misra also spoke on the occasion. After hearing him, Lord Denning said, 

 “We have taught English to the World but today your Advocate General taught it to me.”

The Golakhnath Case

Fali Nariman in his autobiography ‘Before Memory Fades’ writes that in his memory no judge, no lawyer ever poked fun at Nani Palkhivala’s arguments, but this perception changed in the Golkhnath case. 

During arguments, Palkhivala emphasised on the words ‘Constitution shall stand amended’ used in Article 368. It was to buttress his submissions that despite amendment, constitution survives and there are implied limitations to the amending power. 

In the words of Nariman, when Kanhaiya Lal Misra got up to reply as advocate general of UP, 

“He started his submissions in low key. He was not agitated. And after he stated his point, he poked fun at Palkhivala’s emphasis on the words shall stand amended; ‘What should it have said My Lords?’ he asked, in mock surprise. ‘Should the Clause have said that the Constitution shall sit amended?’ 

He then went on, ‘No-no – My Lords. Plain English cannot be subverted to suit any particular point of view.’” 

No description about KL Misra can be complete, without the case of the acting editor of Blitz in the Bombay High Court. This we will talk in some details in the next post.

The first two photographs are courtesy - Allahabad High Court Museum.

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