This week, Prime Minister Narendra Modi unveiled the statue of Netaji Subhas Chandra Bose at the India Gate, which was announced earlier this year and a hologram of which was unveiled under the Grand Canopy on 23 January 2022 to mark Netaji’s 125th birth anniversary. Netaji’s statue at the India Gate is a part of the government’s Azadi ka Amrit Mahotsav initiative, which was launched on 75th year of India’s Independence.
Of the many initiatives taken by the government under the leadership of PM Modi, one significant move has been to resurrect the legacy of the revolutionary leader. From declassifying many files related to Netaji’s death, declaring his Birthday on 23 January as Parakram Diwas (Day of Valour) and the installation of his statute at the India Gate, PM Modi and his government have left no stones unturned in reminiscing and commemorating Netaji’s life and legacy. Of the many discussions happening around the legacy of Netaji, one major debate that briefly sparked and suddenly settled down was around his recognition as the first Prime Minister of Independent India, which both delighted and distressed several segments of the society.
The idea of recognising Netaji as the first Prime Minister of Independent India has never been seriously discussed, but it gained traction when PM Modi in his speech delivered on 8 February 2022 at the Rajya Sabha referred Netaji as the first Prime Minister of Azad Hind Fauz’s first government. Though PM Modi did not directly refer to Netaji as the Prime Minister of India in his speech, as much as his supporters did after the speech, at the outset it did seem like a political stratagem played to discredit Jawaharlal Nehru, who undisputedly was the Prime Minister to take over after the British had formally left India. However, when examined profoundly it may not be factually or legally wrong to refer to Netaji as the first PM of Independent India. A brief look at the history of the Indian National Army and the formation of the Provisional Government of Free India, or, the Azad Hind government on 21 October 1943 does indicate that Netaji’s provisional government was harmonious with the then international customs of recognition of States and governments. To gain a better understanding of the ambience, it is prudent to briefly revisit the history of the Azad Hind government.
Azad Hind Government & International Customary Law
After Rash Behari Bose handed over the leadership of the Indian National Army (INA) to Netaji, he declared the formation of the provisional government of Free India, or the Azad Hind government, on 21 October 1943. The Azad Hind government started functioning from Singapore with 11 ministers and 8 representatives from the INA. Netaji was announced as the Prime Minister and Minister of War in the provisional government. It also had its own currency, bank, civil code, court, and a national anthem. The provisional government was formed with the sole aim to liberate India from British rule and channelise all political, administrative, military resources for the same. The provisional government also enabled Netaji to negotiate with countries like Japan and facilitate the mobilisation of Indians in East Asia to join and support the INA in the freedom struggle.
For any provisional government to be identified it needs to be recognised by other sovereign governments or States and though recognition is purely a political question but governments have historically invoked the test of effective control and legitimacy to recognise States or governments and this method is still most widely accepted.
Propounded by eminent philosopher Hans Kelsen, this approach recognises governments that exercise effective control over the territory and people they purport to govern and possess the concomitant ability to fulfil international obligations on its behalf. Governments like the Delvalle government of Panama (1988-89), the Sabah government of Kuwait (1990-91), the Aristide government of Haiti (1991-94), the Kinigi government of Burundi (1993), and the Kabbah government of Sierra Leone (1997-98) have previously been recognised by States and international organisations as the legitimate government of their respective countries broadly based on these principles.
The Azad Hind government was not the first provisional government as a government-in-exile was established by Raja Mahendra Pratap with Maulana Barkatullah, Deobandi Ubaidullah Sindhi and a few others in Kabul, Afghanistan, in 1915. However, it neither was recognised by any sovereign entity nor had any element of legitimate control annexed to it. The Azad Hind government led by Netaji, on the other hand, received recognition from Japan, Germany, Italy, Croatia, Burma, Thailand, Philippines, Manchukuo (Manchuria), and the Republic of China (Wang Jingwei regime) and also received a note of congratulations from the then Prime Minister of Ireland, Eamon de Valera, making it amenable to the domestic and international political order. Moreover, the Azad Hind government also received overwhelming support and donations in form of money, gold, commodities from people of Indian origin living in India, Malaya, Thailand, Burma, making it a legitimate government with the ability to fulfil all obligations on behalf of the people.
The Azad Hind government also had some territory under its effective control, making the claim for its legitimisation and recognition even stronger in the eyes of customary international law. The Azad Hind government and the INA were handed over the islands of Andaman & Nicobar by the Japanese after they were able to take over the islands from the British and Netaji himself hoisted the tricolour there on December 1943 and named the islands Shaheed (Martyr) and Swaraj (self-rule). The islands of Andaman & Nicobar till date remain an integral part of India. Though the broad principles of recognition under customary international law do indicate that the Azad Hind government can be considered the first government of independent India, making Netaji India’s first Prime Minister, there are several historical facts and acute details that need a thorough examination and deliberation before coming close to a definitive answer.
Ancient Indian Intellectual Tradition of Competing Claims
While there are many nuances that need to be explored in order to historically and legally settle the debates around the claims of Netaji being the first Prime Minister of Independent India, by restricting ourselves or by not engaging into these debates and discussions, a much important segment is blatantly ignored, which is the Indian tradition of respecting competing claims. India, that is Bharat, has traditionally been a land of competing notions when talking about history and traditions, whereby people have always struggled to find different explanations for the same phenomenon and we as students of history then evaluate these competing claims and critiques using the evidences before us. The unity of our culture and intellectuality lies in its plurality. Even when one traces the development of classical Indian philosophy, it is observed that our ancient thoughts were not developed through the usual linear progression comprising of criticisms and modifications; rather, it was developed through a dialectical relationship entailing contradictions, correspondence and complementarity, making it more mutual elucidating rather than a series of improvements and revisions.
The phenomenon of competing historical arguments has not just been used around abstract ideas and philosophies but also around important figures of ancient Indian history. For instance, the popular tales and accounts on the Mahabharata mostly talk about the war between the Kauravas and Pandavas and the valuable lessons imparted by Krishna for Arjuna, which led to his victory in the Kurukshetra war, but several poems and folk tales have been written over time in the memory of several other protagonists of the Mahabharata, who were not adequately honoured by the conventional tales but found solace in the hearts of the common people. One big example of such a work is the Rashmirathi, a Hindi epic written by legendary poet Ramdhari Singh ‘Dinkar’, which presents a unique perspective by narrating the story from Karna’s perspective.
Honouring Competing Notions on Netaji’s Legacy
When reading about India’s Independence movement and history, we have been exposed to the contributions of a certain few only and many unsung heroes remain uncharted even after 75 years of our Independence. The Indian Independence movement must not be centred around only a handful of leaders, rather it must be seen as a series of historic events with due reflection on the valorous sacrifices made by several individuals for India’s freedom.
The history of India’s freedom struggle, unfortunately, has fallen into the binary which only honours some important individuals but largely ignores or despises others. Netaji’s legacy swings in between these two poles: While his contributions have been duly noted by history textbooks, those have not done justice to his valour, dedication and sacrifices. The discussion around him being the first PM of independent India, though contentious, has not been reviewed in a serious manner and has often been rejected by scholars and historians without any dialogue.
Today even the United States has matured enough to have a similar debate around who to consider its first President, as historians majorly affix upon George Washington but there is a significant group of jurists who argue that it was John Hanson and not Washington who was the first real President of the United States. Hanson who was first elected as the President after the thirteen British colonies signed the Declaration of Independence and drew the Articles of Confederation.
If a country like the US can consciously deliberate on such subject matters, India must consciously and intellectually examine the claim of Netaji being the first Prime Minister of independent India. As a mature nation, we must honour the legacy of Netaji and must have his role, contributions, and sacrifices discussed fairly.
The author is a lawyer. Views expressed are personal.
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