To the modern political philosopher Amartya Sen, democracy appears a universal good, but others have seen it as a product of European and American thought bound up with colonialism, and have looked for qualities better attuned to ‘Asian’ values like consensus or the connection of human beings to nature. Gandhi presented himself as a man of transparent truth and integrity, so echoing Socrates, the Christian puritan tradition and (except in regard to violence) Robespierre. He disliked Parliamentary democracy, but needed it in order to secure independence. His encounter with Charlie Chaplin highlights the central problem: Was the Mahatma a staged role that he played, or an expression of his authentic self? Many were impressed, but some like Jinnah and Ambedkar were not. Rabindranath Tagore shared Gandhi’s objections to metropolitan Western-style electoral democracy, but distrusted Gandhi’s authoritarianism. As an artist, Tagore saw performance as an essential feature of human nature. He found no way in which he could himself enter the political arena, and fell back upon being an educator.

Chapter 2 provides an account of the emergence of an inchoate ‘Writ’ jurisdiction in the late colonial period in British India. It is the limited availability and partial success of a procedural form of rule of law in moderating the authoritarianism of the colonial state, despite its larger failures, that account for its lasting resonance amongst segments of the colonised elites. In the first decade of postcolonial existence, as the Constituent Assembly of Pakistan failed to draft a constitution until 1956, The Government of India Act 1935 remained the interim framework. The role of the newly empowered superior courts will be particularly scrutinised with regard to their alleged complicity in the uprooting of constitutionalism and democracy in the first decade of the republic’s existence. However, despite their seeming subservience to the executive the courts continued to push the political elites that came to dominate the new state towards framing a republican constitution. Most notably, the dislocations in the state structure caused by the partition of British India also gave the courts the space to extend their administrative law jurisdiction through the newly-established ‘Writ jurisdiction’ over a bureaucracy that was in the process of reconstruction.

This chapter examines the Muslim League’s demand for Pakistan after the passing of the Lahore Resolution in March 1940 and the drive for independence by the Congress – processes which turned the Sikh world upside down. It examines Sikh leaderships’ opposition to the division of the Punjab and its articulation of a minority nationalism that accommodated a multicultural, consociationalism governance in a multi-religious and multi-ethnic (resized) province. It assesses how the failure to reach an agreement between the Congress and the Muslim League, and the determination of the British government to cede power to only two dominions, led the Sikh leadership to then demand a Sikh state, and then, as violence engulfed the province, to ensure the ethnic consolidation of the community in East Punjab. The partition holocaust revived memories of persecution and massacres in the eighteenth century, permanently dividing the Sikhs’ homeland and holy land. It would also shape profoundly the outlook of the community in post-independence India and abroad after 1947.