S.G. Sundaraswamy- A Doyen And A Paragon

Shri S.G. Sundaraswamy was one of the most eminent lawyers and a former Advocate General of the State of Karnataka, then known as Mysore. I had the fortune to be his junior. This September 22 marks his birth centenary. It is appropriate to recall and celebrate his life and work which were quiet and unobtrusive but exemplary. He belongs to the galaxy of the old world that is becoming increasingly rare.

It is my melancholy duty and privilege as perhaps the last of his juniors to remember and pay tribute to my revered leader. I was associated with him immediately from the time I finished my law course till the last moment of his life: He was on his feet when he collapsed by my side in the court room when he was addressing the court and passed away in my hands, his last words being, 'My Lord'. “Lawyers in India never retire; they simply drop dead”, remarked Fali S. Nariman. Senior proved to the hilt the truth of that remark.

Shri Sundaraswamy was born at his maternal grandfather's house in Sira, Tumkur District on Monday, September 22, 1924 as the eldest son of Smt Jayalakshmamma and Shri S.D. Ganesha Rao, himself an esteemed lawyer of his time. He studied at Central High School and Central College, Bangalore from where he graduated in Science in 1944. He did the B.L. course in the Madras Law College and obtained the Law Degree in 1946. He was naturally the pet of his paternal grandfather, Shri Dasappa whose keen desire it was that the grandson follows in the footsteps of the son reading in the Madras Law College which the grandson successfully did. But unfortunately the grandfather did not live to see the grandson become a lawyer.

He joined the legal profession in 1946 as a Pleader and was enrolled as an Advocate on March 20, 1947, starting the general practice of law in the chambers of his revered father where the foundation for a sound professional life was laid. In the first couple of years at the Bar, young Sundaraswamy had the opportunity and the distinction of opposing successfully, the legendary lawyer, Sir Alladi Krishnaswami Ayyar who appeared for the tenant before the Rent Controller in Bangalore. That was surely a spur for the young lawyer. The father's ailment at a relatively young age stirred him to action and to scale greater heights in the profession. As he himself said he had to retain the clients and also sustain the reputation of his father and build his own. These factors, among others, motivated and impelled him to apply himself and give his best which he did. He soon acquired a wide and varied practice. He would be at his desk by 6 - 6.30 in the morning applying himself meticulously and methodically to his work.

Shri Sundaraswamy was appointed Advocate General on June 25, 1970 succeeding Shri E.S. Venkataramiah who was sworn in as a judge of the High Court that day. His two year stint as Advocate General, which office he held with great dignity and distinction, witnessed many interesting and challenging cases which he had to prosecute or defend on behalf of the State. As he himself stated, he was new to Constitutional law litigation and had to familiarize himself with the nuances of Constitutional law and the nitty- gritty of the litigation in that field. He demitted office on April 16, 1972.

When Sir Alladi Krishnaswami Ayyar stepped down as Advocate General in 1944, he remarked that there was a good deal of scope for non-official legal talent. He proved it in the remaining nine years of his life. Shri Sundaraswamy's post AG career also bears witness to that: He had a large and lucrative private practice in all branches of the law and appeared for various institutions and organizations as also for different State instrumentalities, apart from private parties. He handled and argued cases of great importance in various fields representing a wide spectrum of clientele.

Himself an institution, his chamber was a nursery for young legal talent- a large number of new entrants to the profession- who in course of time reached positions of eminence at the Bar and some on the Bench. They are all happy and proud to be known as Sundaraswamy's juniors. One is reminded of the case of H.N. Sanyal: An acclaimed counsel, India's first Additional Solicitor General and second Solicitor General, he was the junior of Sir S.M. Bose, the legendary Advocate General of West Bengal. Sanyal, even when he was the Law Officer of the Union, writing to Bose said that he was known in Delhi as S.M. Bose's junior and he was proud of it.

Shri Sundaraswamy was offered High Court judgeship twice, first by Chief Justice Narayana Pai in 1972 and then by Chief Justice Govinda Bhat in 1974-75.The then CJI, Shri A.N. Ray also endeavoured to persuade him to accept judgeship in 1975. But, for personal reasons, he declined the offer on all occasions preferring to be at the Bar. There is no doubt that he would have made a sound judge. What was the judiciary's loss was to the profit of the Bar. In the two decades and more thereafter he served the law with unstinted devotion arguing a large number and variety of cases and helped quite substantially and significantly in developing and laying down the law. The law reports bear witness to this.

The story of his life and work is well and widely known. But what that bare story does not and cannot reflect are the great qualities of his head and heart which were never worn on the sleeve but which those who knew him closely could discern and admire and try to emulate. His half a century at the Bar is an object lesson of total devotion and dedication to the profession and practice of law. He represented the best and highest traditions of the Bar and trained generations of young lawyers in that tradition. Tradition, said Carlyle, is an enormous magnifier. But it is not like instant coffee, it has to be absorbed and imbibed over a period of time. Shri Sundaraswamy did it and passed that on to several others.

In some of the matters he was opposed by well-known and distinguished counsel from outside Bangalore arguing for petitioners and Shri Sundaraswamy successfully appearing for respondents and winning the case. There were also occasions when he appeared on the same side as some of them. But his arguments had a freshness and originality all their own. They were always well –thought out. He would not repeat what had been said before by others. He knew the facts thoroughly. He was a master of facts and, therefore, a master of any situation. The law, after all, is to be applied to facts and its application may change in different factual contexts. It is here that Shri Sundaraswamy was an adept. He would marshal the facts very dexterously and weave a pattern in which the law fitted as he would have liked it. He subordinated law to the facts and presented his case so skillfully that the law on which the opposite side relied seemed to have no application.

His great patience, his vast experience, his mastery of law and facts and his phenomenal industry till his last day showed a dedication to the legal profession which is difficult to match. His capacity for sustained hard work is well known. He could and did sit through a brief for hours on end trying to master every little detail. He had all the facts of the case at his fingertips. He looked up, read and cited all the relevant case law. Even incidental and remotely connected details, whether of facts or law, were not missed. His preparation for a case was thorough and complete and many a time he did it all by himself. Every brief received the same whole-hearted attention. He achieved his results by orderliness. Briefs were read, their salient points seized, the relevant authorities consulted, searching questions were put, propositions to be urged were formulated, supported by authorities when available. Even judgments which could be cited by the opposite side were also seen and noted with the points to distinguish them. Thus his notes and preparation for a case were completed with every case subjected to the same process. He had a distinctive style of making his notes which were meticulous and comprehensive showing the dates and the documents/annexures, briefly stating what they were and the pages (shown in red) where they were in the brief/paperbook which easily unravelled the whole case. This saved a lot of time and energy because with such notes he could always get ready within a short time to argue the case.

What followed in court was a clear, terse and lucid argument with no rhetoric or unnecessary repetition. Of course, Shri Sundaraswamy would sometimes embellish the argument with an apt quotation or an appropriate anecdote or an interesting incident to drive home a point. His presentation was clear and simple and the arguments convincing. His advocacy was quite persuasive and forceful. He had his own characteristic style, he was calm and composed. His manner of speaking was soft with a cadence and humility; there was no raucous blustering. He would never exaggerate a point or over-state his case. Judges were fully aware of his fairness and sure that they could go by his word. In cases that were more or less evenly balanced, Shri Sundaraswamy with his perseverance, his sound knowledge, his understanding of human and judicial nature would generally tilt the balance in favour of his clients. He was perhaps at his best before a hostile bench. He would quietly and respectfully tell the judges that there was another way of looking at the problem and he would persuade them to listen to him, invite them to examine the matter from a different perspective, which they did, and very often finally agreed with him. We have seen this happen in case after case in different courts.

A client's case and interest were safe in his hands. He fought his cases with zeal, determination and great tenacity, but always wielding the arms of a warrior, never of an assassin. He was ever conscious of his duty as counsel to give proper advice to the client and assistance to the court. I have known him ask the court to grant an interim order against his client when the facts and circumstances warranted that. That was in the best traditions of the profession: A lawyer, it has been rightly said by Sir Asutosh Mookerjee, is more than a mere agent or servant of his client. He is also an officer of the court and as such he owes the duty of good faith and honourable dealings to the courts before which he practises the profession. His high vocation is to inform the court as to the law and the facts of the case and to aid it to do justice by arriving at correct conclusions. His office is the very badge of responsibility, a patent of trustworthiness derived from his position; consequently he ought not to be suffered to pass for what he is not. Shri Sundaraswamy exemplified this.

Briefing him and assisting him was a great and rewarding experience. It was an education in itself when many aspects of law and life were touched upon. He would welcome and accept a good point whatever its source. But he never felt that anything extraordinary was done by him. He firmly believed that every counsel could achieve it with application and dedication. He was very considerate and helpful and he genuinely delighted in the success of his juniors for whom he was an inspiration and example. If there was any credit to be gained or advantage to be secured he would let the juniors have the credit. But if anything was to go out of hand, he would step forward and take the burden on himself. I am personally aware of such instances.

Association with the great in any manner can make a tremendous impact, change a life and transform a person. Such connection makes one grow. Examples of such transformation because of association with him are many. Learning the law, its technicalities and the nuances of its practice in a senior's chamber is no doubt important and useful. But even more significant is the personal interaction between the senior and the junior and what is conveyed and learnt in that process, the lessons of life outside the law, what rubs off on you because of the association. The conversations and the discussions would range over a whole spectrum from the profound to the trivial. Life, after all, is larger than law. Incidents, anecdotes, what and how to do and, more important, what and how not to do are all imbibed and infused into one's life. All that would go a long way in moulding a man.

He was magnanimous and kind-hearted, quick to recognize and acknowledge good in others and rarely said anything negative about others. He believed and often said that it is improper for us to judge others. Loyalty to the client, respect for the Bench, courtesy to the opposing counsel and kindness to his junior never failed him. Gentle in manners, unfailingly deferential to the court and faultlessly polite and courteous, Shri Sundaraswamy was grace personified. Hero of many a legal battle and cause célèbre, he was a noble warrior who bore his scars and honours with philosophical indifference. He was rarely elated by professional success or perturbed by any setback. He treated the two imposters Triumph and Disaster just the same with equanimity. He was a thorough professional and above all a perfect gentleman. He fully answered Cardinal Newman's definition of a gentleman.

Hard work, meticulousness, orderliness and devotion were the hallmarks of his professional and personal life. He taught by precept and practice. He hardly gave advice but one could always absorb and benefit from whatever he spoke and did. He would never indulge in or join any light hearted banter or poke fun at the expense of someone else, be it in the court room or otherwise. He never thrust himself on anyone or any issue. While he was always calm and respectful and his conduct and deportment were correct and exemplary he could be very firm, severe and hard hitting too, even to the judge, if the occasion demanded. He did not seek any favours or indulgence from the court. He rarely, or perhaps never, had to tender an apology, for, he was never at fault.

As a man simple in his tastes and habits and without pretence, he was free from all rancour, bitterness and resentment. He had no hatred or animosity or ill will towards anyone, was compassionate and empathized with all, he had no feeling of 'I' and 'mine', no egoism or arrogance, he was even-minded and ever contented. He was totally devoid of any sense of self-importance or the belief that he knew everything. He did not also have the feeling of 'holier- than- thou'. He was always courteous to the clients but the relationship was proper and maintained at arm's length. Similarly, while he was very respectful and deferential to judges, there was no unnecessary cordiality or bonhomie. He would not ordinarily visit them or mix with them.

Shri Sundaraswamy would quietly guide junior counsel even when they were opposing him. If they were over-enthusiastic and went overboard he would mildly caution restraint. If the opposing counsel had a good case and being junior and not that experienced were not quite successful in putting it across to the court, he would tell the court that their case merited acceptance and would ensure they got relief. There have been many occasions when counsel, particularly juniors, would seek his advice and guidance especially if they were faced with tricky situations. Where he knew that a client had a just cause but was not able to pay, he would unhesitatingly appear and argue the matter without taking any fees. Such instances were not wanting. While generally he charged his normal fees, he was always prepared to do, and did, many matters pro bono.

Shri Sundaraswamy was deeply religious and truly spiritual. His attitude to life was born out of all that. The well spring of his strength was his true spirituality. He would never miss his prayers and meditation even when he was travelling, in foreign countries too. His religiosity did not come in the way of his catholicity and tolerance. Tolerance, as observed by Dr. Radhakrishnan, is the homage that the finite mind pays to the inexhaustibility of the infinite. His spirit of tolerance and respect for another point of view, even diametrically opposed to his, was complete. He would not force his opinion on others or try to convince them. I have myself on some occasions strongly differed from him but that did not in the least come in the way of my esteem for him or his affection for me. He would also advise restraint in one's expression, not because one was wrong, but for the reason that the wide world is so complex and life is full of contradictions, and it is beyond us to change many things and we should not lose our calm and poise. How very true! There are thus many lessons one learns 'in the world's broad field of battle, in the bivouac of life' where you have to be 'not like dumb driven cattle, but a hero in the strife'. There were not many who were more generous in encouragement or gentler in reproach.

Striking a personal note, I had a special relationship with him. It was a true Guru-Sishya relationship, in one sense it was like a father-son relationship. We were also like friends. Like someone rightly said both of us were not distracted by anything else and devoted single-minded attention to law. We knew and understood each other quite well, especially professionally and could read each other's mind. If I made notes in a case it would be to his satisfaction and he would not make separate notes. When he knew that I had read over something which was to go under his signature, he would confirm that I had read it and unhesitatingly sign without reading it himself. There were occasions when after he settled some pleading or opinion and showed it to me, he could gauge that I was not satisfied: I would frankly tell him that it did not have 'the Sundaraswamy touch'. He would then make necessary changes to the satisfaction of both of us. It was not unusual for him the previous evening to argue before me the cases to come up the following day with the remark, “If I get an admission before you, I will get it tomorrow before the Chief Justice.” We would exchange our points of view freely and frankly. All this brings out more of his personality- generosity of the heart and magnanimity of spirit.

Besides his successful career at the Bar, Shri Sundaraswamy was deeply interested in and intimately associated with various religious and cultural institutions and organizations, to mention some –Shri Ramakrishna Math and Mission, Bharatiya Vidya Bhavan, Shri Satya Sai Trust/ Institutions, Shri Sringeri Math, Shri Raghavendra Swami Math, Maha Bodhi Society, apart from being the Managing Trustee of the family temple established by his father and to which he was single-mindedly devoted. He was also closely associated with the Rotary movement.

Senior and his wife were a peerless pair. Smt. Kamala was a most gracious lady, truly a mother to the entire family. I had not the fortune of seeing her. She passed away well before her time in May 1975 at the young age of 43. Her sudden and totally unexpected demise left Shri Sundaraswamy desolate. In a way that contributed to his plunging himself even more into his professional work.

Life's race well run, / Life's work well done, /Life's victory won, / Then came rest.

Like a General he met Death in harness on the battle field on Wednesday, July 17, 1996, departing from the world while he was on his feet in the court room. One recalls a similar incident many decades earlier in distant Calcutta: Barrister Sudhir Ray, father of Siddhartha Shankar Ray and son-in-law of Deshbandhu C.R. Das, collapsed while on his feet in the court room of Justice Sen and passed away at the age of 54. Years later, his daughter Justice Manjula Bose preferred to sit in that court room always.

Shri Sundaraswamy passed away full of honours. No man could have asked for more. But he went ere his time, he was only 72 years old. He was quite self-effacing that his presence was hardly noticed but his absence is always sorely felt. The cedar tree has fallen but its fragrance will long endure and fill the four quarters.

Decades after he is gone, his memory and his spirit continue to abide with us. In an atmosphere where the pursuit of the higher and nobler ideals of the legal profession is becoming increasingly difficult and half-baked ideas reared by accident have sway, it is well for us to pause and take count of our coarser selves. He has a lesson to teach us if we care to stop and learn; a lesson quite at variance with most that we practise and much that we profess. It has been said that the greatest tribute you can pay a man is to emulate him. The greatest tribute we can pay Shri Sundaraswamy is to introspect and ask ourselves whether our actions and conduct would be in consonance with his legacy and would have met with his approval.

Prof. Upendra Baxi perceptively remarked: “We live in an era of massacre of ancestors which is now considered a public virtue and a sign of worldly progress. But collective amnesia of what happened in the past is not an estimable value. Without living in the past its recall is important, for it necessarily presages a future.” We cannot forget or overlook the enduring relevance of the past and its torch bearers. It is in that spirit that we remember and honour Shri Sundaraswamy. The love and respect with which we light his memory is a measure of his greatness as a man and a lawyer.

'He is not dead whose noble life/Leads thine on high./To live in hearts we leave behind/ Is not to die.'

The Centennial Volume, "Fourteenth Amendment" edited by Bernard Schwartz, contains an article on "Landmarks of Legal Liberty" by Justice William J. Brennan in which he writes: In the service of the age old dream for recognition of the equal and inalienable rights of man, the Fourteenth Amendment though 100 years old, can never be old: "Like the poor old woman in Yeat's play, "Did you see an old woman going down the path?" asked Bridget."I did not", replied Patrick, who had come into the house after the old woman left it, "But I saw a young girl and she had the walk of a queen". Great lawyers and great persons like Senior will continue to stride the scene in their majesty with youthful vigour. We have to record our gratitude for a life to which we owe so much.

To adapt those moving lines of Laurence Binyon:

He shall grow not old, as we that are left grow old:/Age shall not weary him, nor the years condemn. /At the going down of the sun and in the morning/ We will remember him.

As the stars that shall be bright when we are dust, /Moving in marches upon the heavenly plain; /As the stars that are starry in the time of our darkness, /To the end, to the end, he would remain.

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