Madhusudan_Das

His Life and Achievements 127
individual acting as Advocate-General whereas the niceties of professional
propriety remain unimpaired. Should the Minister-Advocate follow a
similar procedure by not taking the brief on behalf of or against the King-
Emperor while engaging his own junior to do the work ? This is
professional misconduct par excellence and it is hardly possible for the
Minister-Advocate to play Dr.. Jekyll and Mr. Hyde at the same time.
There was thus neither legality nor justification in Mr. Das's approach to
the problem. In his letter dated February 7/8. 1923 addressed to the
Governor. Mr. Das said:
Hostile criticisms in the Legislative Council, in the press
and elsewhere regarding the salary of the Minister shows that the
public want an honorary Minister of Local Self-Govemment.
I am willing to work honorary provided I am allowed to
earn a living by practising as a vakil. 1 shall not allow any
professional work to interfere with my duties as a Minister...
There is nothing inconsistent in the idea of a practising lawyer
being a Minister. There is precedent of a zamindar being a Member
of the Executive Council... A zamindar has to look after the
affairs of his estate: he is a party to suits in courts and has to give
evidence in court. If this is not considered derogatory to the
prestige of an Honourable Member of the Council, appearance
for a party in court by a lawyer should not be considered in any
degree derogatory to the prestige of a Minister.
The legal profession has always been considered
honourable. The Provincial Governments and the Government
of India have recruited members of me Executive Councils from
the practising members of the Bar. Practising lawyers have been
members of both the Provincial and Imperial governments and
at the end of their service, have reverted to professional practice.
These precedents are a complete answer to objections to my
proposal on the ground of loss of prestige.
A Member of the Executive Council is responsible for the
administration of the reserved subjects. Law and order constitute
the most important of the reserved subjects ...
Local Self-Govemment is a transferred subject. The
responsibility of administration is transferred to the people. The
Minister is an elected member of the Council. His appointment
as a Minister creates a new relation with His Excellency the