Madhusudan_Das

128 Madhusudan Das:
Governor, but the superimposition of this relation does not relieve
him of his responsibilities to the people and the Legislative
Council which represents the interests of the people... Clause 5
[of Section 124 of the Government of India Act. 1919] prohibits
the receipt of presents but it exempts from such prohibition the
fees paid or payable to barristers. The word 'barrister' is meant to
include other legal practitioners especially vakils practising in
the High Courts... I shall consider my professional practice as a
means of earning of living and if I have to reduce my comforts of
ordinary life. I would not mind it considering that this sacrifice
will be more than amply rewarded by bringing the people in
close touch with the Government. . . A practising lawyer as a
Minister would lend harmony and symmetry to the scheme.
The Governor naturally wrote back to Mr. Das on February 11.
1923:
While not in agreement with the agreements which you
urge in justification of such a course [willing to work as a Minister
in an honorary capacity if allowed to earn your living by
practising as a Vakil] I am afraid, there are to my mind serious
practical objections to it. I do not see how in practice you could
combine these duties while doing justice to both or either.
Secondly it appears to me to be an absolute impossibility that a
Minister should appear as a legal practitioner in court subordinate
to the Government of which he is a member. I know of no precedent
for such a position.
Mr. Das sent his letter dated February 7/8 1923 and followed it by
his letter of March 8. 1923 in which he said:
As your Excellency rejected my proposal on the subject I do not
think I should continue in this office". The Governor Sir H.
Wheeler in his letter dated March 9. 1923 said:" I have no
alternative but to accept it (letter of resignation.) You say that
you still believe the office to be honorary but as Your Excellency
rejected my proposal on the subject, I do not think I should
continue in this office. I think, however, you will bear me out
that in the actual suggestion made by you, you were 'willing to
work honorary provided you were allowed to earn a living by
practising as a Vakil'.
The Governor subsequently recorded —