M.K. Gandhi, Attorney at Law. Charles R. DiSalvo
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Whatever Gandhi’s reason for choosing the Inner Temple, it was not unlike the other Inns with respect to the abysmal level of training it offered aspiring barristers. By the middle of the nineteenth century, the Inns had fallen to a very low point. Only the most minimal intellectual standards were maintained. It was not until the decade before Gandhi’s arrival, in 1872, that the Inns agreed to require students to take a bar examination, and it was not until the very year Gandhi arrived in England that all the Inns required that nonmatriculates take and pass a special entrance examination. Since Gandhi had already passed the Bombay matriculation examination, he was excused from the preliminary examination to which nonmatriculates were subject. Gandhi’s agenda, therefore, was clear and simple: to be called to the bar, he had only to keep terms and pass examinations in Roman and English law.
But Gandhi was still a student without a university degree, while the great majority of his fellow students were university graduates.19 To make matters worse, Gandhi didn’t even have full command of the English language. When he was unceremoniously invited to leave a swank restaurant because of what were perceived to be his bad manners, he assuaged his pain by resolving to take on Western ways and master “the task of becoming an English gentleman.” As part of his plan to become more sophisticated, Gandhi began searching for a suitable program of study. The reputation of the special admission examination for nonmatriculates was that it was a pushover, requiring only minimal knowledge of Latin, English, and English history. Gandhi needed something quite different to distinguish himself. In the University of London matriculation examination he found a suitably difficult challenge.20 In addition to the subjects tested on the bar’s special examination, this examination required that the student know other subjects, including science and a modern language. Gandhi chose to be tested in French, a language with which he had some familiarity. Joining a private matriculation class and keeping meticulous fidelity to a self-imposed schedule, Gandhi undertook a five-month course of fairly arduous private study that culminated in his taking the examination in January 1890, nearly a year and a half after landing on England’s shores. The results were not good. Gandhi, to use his phrase, got “ploughed in Latin.”21 Latin and French together, he later admitted, were too much for him.
Gandhi was unbowed. He renewed his studies, substituting “heat and light” for the more difficult subject of chemistry, and reattacking Latin, for which, he says, he acquired a taste. At the same time, Gandhi apparently was suffering from pangs of guilt, thinking that he was spending his family’s fortune only to meet failure. Accordingly, he secured a smaller apartment and began eating more of his meals at home. The change, he says, “harmonized my inner and outer life. It was also more in keeping with the means of my family. My life was certainly more truthful and my soul knew no bounds of joy.”22 Gandhi took the examination in June 1890 and, this time, passed it. Making his accomplishment all the more noteworthy is the fact that for much of the time prior to his taking the London examination, he was also preparing for his examination in Roman law, which he took just three months earlier.
BAR EXAMINATIONS
Those in the business of advising law students at the time universally recommended that the Roman law examination be taken at the earliest possible moment, thus freeing up the maximum amount of time to study for the examination in English law that followed. Inns permitted their students to take the Roman law examination after four terms. Gandhi would have completed his first four terms with the end of the Trinity term in mid-June 1889, yet he did not take the Roman law examination until March 1890. Why the delay? The most likely explanation is that Gandhi divided his attention for a substantial period of time between his preparation for the Roman law and London examinations.23 Whatever the reason for the delay in taking the Roman law examination, Gandhi was not hurt by it. He finished sixth out of the forty-six who sat for it. Not a bad showing for one who was not a “University man.”24
With the Roman law and London examinations both behind him, Gandhi opened the summer of 1890 with but one more substantial hurdle: passage of the English law examination (known as the “bar finals”). This examination could not be taken before one had kept nine terms. For Gandhi, his ninth term would be completed with the conclusion of the 1890 Michaelmas term on November 25, 1890. For this examination, Gandhi was out of the gate with the crack of the starter’s gun, sitting for it at the first opportunity, from December 15 to December 20, 1890. While this set of dates falls just six months after his London examination, Gandhi actually spent more time than that to prepare, pouring himself into the common law for “nine months of fairly hard labor.”25 Even accounting for a month he spent in Brighton in the summer of 1890 and accounting for the study he undertook earlier in 1890 to pass the Roman law and London examinations, the amount of study Gandhi invested in preparation for the bar finals exceeded the four months of study recommended by Ball for a university-educated person. In his autobiography, Gandhi recounts that he managed to increase his burden of preparation by forgoing the use of notes on the law that were circulating among students, choosing instead to go directly to the recommended textbooks instead. Foreshadowing the scrupulousness that would characterize his entire life at the bar, he felt that to do otherwise would be a fraud. Accordingly, he purchased and read “all the text-books . . . , investing much money in them.”26 Among the treatises Gandhi read were Snell’s The Principles of Equity, Intended for the Use of Students and the Profession, which he found “full of interest, but a bit hard to understand” and which actually would aid him in his religious explorations later in life, and Williams’ Principles of the Law of Real Property, Intended as a First Book for the Use of Students in Conveyancing,27 surely the only law text in existence ever described as reading “like a novel.”28
Gandhi’s industriousness paid dividends. On January 12, 1891, he learned that he had passed his bar finals. Validating Napier and Stephenson’s observation that the test had recently become more difficult than most thought,29 32 of the 109 test takers failed. Of the 77 who passed, Gandhi placed in the top half, finishing 34th.
Gandhi placed fairly highly, too, in the esteem of his fellow “dinner barristers,” as they were then called, but not for very admirable reasons. Each table of four was allocated a set amount of wine for each meal. With the abstemious Gandhi at one’s table, the wine could be split not four ways, but three. As a result, Gandhi was very much in demand as a dinner companion.
AN APPRENTICESHIP FORGONE
And dinner was his last formal obligation, for with his passing the bar finals, Gandhi had now fulfilled all the academic requirements for the call to the bar. But for the necessity of keeping the Hilary, Easter, and Trinity terms, he had no obligations between the end of his test on December 20, 1890, and the date in early June 1891 when he could anticipate being called to the bar. While an apprenticeship was not a requirement for being called, students were nonetheless strongly advised to use the half-year between the bar finals and the call, as well as a period of one to two years after the call, to learn how to practice by serving as apprentices in the offices of practicing barristers. Without the experience of pupilage, it was adjudged that the “greatest amount of theoretical or book knowledge [was] comparatively worthless.”30
For reasons he does not explain, and apparently contrary to the general advice he later gave others, Gandhi never apprenticed.31 Why forgo the experience? Perhaps Gandhi deemed practice in India so different from that in England that apprenticing would have been a waste of his time—an