Sir Chettur Sankaran Nair

Context: A noted filmmaker has recently announced his decision to produce the biopic of Sir Chettur Sankaran Nair, an acclaimed lawyer and judge in the Madras High Court and one of the early builders of the Indian National Congress.

• The biopic will be based on the book, ‘The case that shook the empire’ written by Raghu Palat and Pushpa Palat in 2019.

About Sir Chettur Sankaran Nair

• Nair was born in the year 1857 in Mankara village of Malabar’s Palakkad district. 
• He belonged to an aristocratic family and his great grandfather was employed by the East India Company to enforce peace in the Malabar region. 
• He completed his graduation from Presidency College in Madras.
• Nair passed away in 1934 at the age of 77. 
• He was once described by Edwin Montague, the secretary of state for India as an ‘impossible person’. 

Positions held

• By 1908 he was appointed as a permanent judge in the Madras High Court. 
• In 1902 Lord Curzon appointed him a member of the Raleigh University Commission. 
• Raleigh Commission was appointed under the presidency of Sir Thomas Raleigh on 27 January 1902 to inquire into the condition and prospects of universities in India and to recommend proposals for improving their constitution and working.
• In 1904 he was appointed as Companion of the Indian Empire by the King-Emperor and in 1912 he was knighted. 
• In 1915 he became part of the Viceroy’s Council, put in charge of the education portfolio.
• The Viceroy's Executive Council was the cabinet of the government of British India headed by the Viceroy of India. 
• It is also known as the Council of the Governor-General of India. 
• It was transformed from an advisory council into a cabinet consisting of five members heading revenue, military, law, finance and home by the Indian Councils Act 1861 giving recognition to the portfolio system introduced by Lord Canning in 1859. 
• In 1874, a sixth member was added to be in charge of public works.

Contribution in freedom struggle

• Nair was known for being a passionate advocate for social reforms and a firm believer in the self-determination of India. 
• In 1897 he became the youngest president of the INC in the history of the party till then, and the only Malayali to hold the post ever. 
• In 1919, he played an important role in the expansion of provisions in the Montagu-Chelmsford reforms which introduced a system of dyarchy in the provinces and increased participation of Indians in the administration. 
• In Budasna v Fatima (1914), he passed a radical judgement when he ruled that those who converted to Hinduism cannot be treated as outcastes. In a few other cases, he upheld inter-caste and inter-religious marriages.

Critique of Gandhi: Nair wrote ‘Gandhi and Anarchy’, which was published in 1922. In the book, Nair spelt out his critique of Gandhi’s methods, especially those of non-violence, civil disobedience and non-cooperation

• Massacre of Jallianwala Bagh: And when the massacre of Jallianwala Bagh happened, he resigned from the Viceroy’s Council in protest. Nair’s resignation shook the British government.
• Nair had accused O’Dwyer in his book, ‘Gandhi and anarchy’ for being responsible for the atrocities at the Jallianwala Bagh massacre. 
• Thereafter, O’Dwyer sued Nair for defamation in England. 

A historic courtroom battle: The 12-member all-English jury was presided over by Justice Henry McCardie.

• Eventually, O’Dwyer won the case with a majority of 11 against one. The only dissenting judge was Harold Laski.
• Nair had lost the case and was held guilty for defaming O’Dwyer. He had to pay £500 and expense of the trial to the plaintiff. 

Though Nair had lost, the trial had a resounding impact on the British empire in India. At a time when the nationalist movement was gaining momentum, Indians saw in the judgement a clear bias of the British government and an effort to shield those who committed atrocities against their own people. The verdict was momentous in that it strengthened the determination of the nationalists to fight for self-government.