Motilal Chimanlal Setalvad and His Contribution to Law

Motilal Chimanlal Setalvad was an eminent Indian Jurist and Author who had the privilege of being the first Attorney General of India after its independence from the two−hundred years old colonial British Empire. Moreover, he is known for his excellent contributions in the legal history and legal education of the country, as he suggested several reforms and the adoption of new methods while heading various commissions.

Birth and Early Legal Career (1884 − 1974)

Setalvad was born to an excellent lawyer in Bombay in the 1900's and followed the path chosen by his family and destiny for him. Setalvad started his career as a practicing lawyer in Bombay after completing his law degree from the Government Law College, Mumbai. He was made the Advocate General of Bombay in the formative years of independence, although on the insistence of Prime Minister Nehru, he accepted the offer of being the AGI. Though he initially accepted the offer for only two years, on Nehru’s repeated requests, he continued the term for almost more than a decade.

Office as Attorney General of India

Setalvad served as India's first and longest−serving Attorney General. He was appointed to the position in 1950 and he resigned from the office in 1963 after serving the Union Government and Constitution for thirteen years.

Setalvad was an excellent lawyer and he defended the Union government in numerous matters before courts and commissions in the most reputed way. Although, he made a mark that the AGI is to defend the Constitutional values and not the wrongful conducts of the government.

Though he faced some stiff concern from the then Law Minister, Ashok Kumar Sen, he kept his office and duty intact despite the adverse attitude of the government. Moreover, Nehru who was always keen to keep Setalvad as the AGI was not able to resolve the issues and eventually to defend his own government, he published a pamphlet titled ‘‘A Study of the History, Nature and Working of the Office of the Attorney General’’ which was condemned by Setalvad as unconstitutional and inappropriate.

Eminence of Setalvad as a Living Legal Expert

Setalvad was an excellent constitutional expert and jurist which made him the first AGI, the first law officer of the country under Article 76 of the Constitution of India, even before the commencement of the Constitution in absolute terms. Moreover, Setalvad had a reputation at the bar which even influenced the judges of the apex court. Further, though he was duty bound to defend the government in the courts, however, he was always vocal in critiquing governmental actions whenever he found inadequacies and violations of the Constitutional scheme. Additionally, as the first position holder, he is credited for implementing several major articles of the Constitution into practice and also infusing the governmental actions with the spirit of those principles on which the Constitution of the Country was enacted.

Conclusion

Setalvad was a passionate lawyer who always kept the dignity of his profession no matter what and, this approach was the reason for his sustenance as the most learned Attorney General of India so far. He dedicated his whole life in serving the Constitution of India, which he considered the supreme legal authority of the country as mentioned in his autobiography “My Life; Law and Other Things” as well. Additionally, despite conflicting opinions with the government, he discharged the duties of his office with the utmost honesty and compassion. Thus, he was a deserving and celebrated Attorney General of India.

Frequently Asked Questions

Q: Who was M.C. Setalvad?

Ans: M.C. Setalvad (Moothamangalam Chacko Setalvad) (1899−1985) was an eminent Indian lawyer, jurist, and legal scholar, known for his significant contributions to Indian legal history and constitutional law.

Q: What is M.C. Setalvad best known for?

Ans: M.C. Setalvad is best known for his role as the first Attorney General of India after independence, serving from 1950 to 1963.

Q: How has Setalvad contributed to the legal system and history of India?

Ans: Setalvad was the first chairman of the Law Commission of India and also of the Bar Council of India. He suggested several reforms in the existing laws, created a framework for the functioning of the Law Commission and also made suggestions to modernize the legal education to match professional standards.

Q: What were the major representations of Setalvad as a legal jurist?

Ans: Setalvad was a member of the Redcliffe Tribunal and Hunter Commission. He represented Congress before the Punjab Boundary Commission and suggested that demarcation for partition should be made on the basis of population of Hindu and Muslim communities.

Q: What is the name of an autobiography of M.C. Setalvad?

Ans: The autobiography of M.C. Setalvad is “My Life; Law and Other Things”.

Q: How did Setalvad contribute to the framing of the Indian Constitution?

Ans: As a member of the drafting committee, Setalvad provided his expertise and insights to the committee responsible for formulating the Indian Constitution. His legal acumen helped in resolving complex legal issues during the drafting process.

Q: What was Setalvad's stance on fundamental rights in the Indian Constitution?

Ans: Setalvad was a staunch advocate for protecting fundamental rights in the Indian Constitution. He believed that fundamental rights were essential for upholding individual liberty and justice.

Q: What were some of Setalvad's notable cases?

Ans: Setalvad appeared in several landmark legal cases, including the historic Kesavananda Bharati case (1973), which dealt with the question of the scope of amending powers of the Indian Parliament with regard to the Constitution.

Q: How did Setalvad contribute to the development of legal education in India?

Ans: Setalvad was associated with several law schools and institutions. He played a role in enhancing legal education in the country, and his legal lectures and writings had a significant impact on budding lawyers and law students.

Q: What were Setalvad's views on the role of law in a democratic society?

Ans: Setalvad believed that the rule of law is the cornerstone of a democratic society. He stressed the importance of an independent judiciary and a legal system that safeguards individual rights and ensures justice.

Q: What is Setalvad's legacy in Indian legal history?

Ans: M.C. Setalvad left a lasting legacy in Indian legal history as a distinguished lawyer, a champion of fundamental rights, and a legal scholar who played a vital role in the early years of independent India's legal and constitutional development.