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AG Noorani: The voice of reason in India’s legal and political discourse

By Riasath Ali Asrar

Abdul Ghafoor Abdul Majeed Noorani, commonly known as A G Noorani, 16 September 1930-29 August 2024, was a distinguished scholar – in its truest sense, a writer, lawyer, and political commentator whose extensive oeuvre profoundly impacted discussions on various subjects including Indian constitutional law, politics, history, and civil liberties.

Although it is challenging to fully capture the depth of Noorani’s contributions and the knowledge he has imparted, this article offers an overview of his most notable scholarly works. We will explore some of Noorani’s major books and writings, highlighting his critical insights into Indian politics and history.

AG Noorani’s Early Works and Major Contributions

Noorani’s scholarly journey commenced with his seminal work “The Kashmir Question” (1964). This pivotal book offers an in-depth analysis of the origins and development of the Kashmir conflict, establishing Noorani’s reputation as a preeminent authority on the subject. He meticulously explores the political, historical, and international dimensions of the dispute, providing insights that remain pertinent in contemporary discourses on Kashmir.

Another notable early work is “Ministers’ Misconduct” (1973). This book critically examines the ethical standards and legal frameworks governing political leaders in India. By investigating various instances of misconduct, Noorani highlights issues of political corruption and advocates for accountability and transparency in governance.

Exploration of Constitutional Issues

Noorani’s “Constitutional Questions and Citizens’ Rights” (2006) offers a comprehensive exploration of how constitutional provisions affect individual freedoms. It addresses some critical legal issues such as preventive detention laws, freedom of expression, and the balance between state power, and individual rights. Noorani’s analysis reflects his deep engagement with the evolving landscape of civil liberties in India.

In “Constitutional Questions in India: The President, Parliament, and the States” (2002), Noorani delves into the constitutional relationships between the President, Parliament, and the states – providing a detailed examination of federalism and constitutional governance and addressing pivotal issues of power and responsibility within India’s political framework.  It nearly addresses every constitutional issue that has captured the Indian public’s interest in the history of this nation.

Focus on contemporary issues

In his later works, Noorani continued to tackle pressing political and legal issues. “The RSS: A Menace to India” (2019) critiques the Rashtriya Swayamsevak Sangh (RSS) and its influence on Indian politics. Noorani argues that the RSS’s ideological objectives are contrary to the principles of the Indian Constitution, underscoring his commitment to democratic values.

“Article 370: A Constitutional History of Jammu and Kashmir” (2011) delves into the pivotal Article 370, which provided special autonomy to Jammu and Kashmir. Noorani skillfully navigates between historical and political perspectives, analysing a broad range of documents related to the article. He examines its impact on the state’s constitutional democracy from the 1947 accession to India through various negotiations, Sheikh Abdullah’s arrest, and the framing of the state’s Constitution.

The book details the erosion of Article 370 and advocates for restoring autonomy. Noorani also evaluates key judgments and proposes a framework for resolving the Kashmir issue, making this book a crucial resource with its collection of rare documents.

Historical and political analyses

Noorani’s “The Kashmir Dispute 1947–2012” (2013), a two-volume set, discusses the intricate history of this long-standing issue and the political discontent surrounding it, focusing particularly on Jammu and Kashmir’s accession to India.

The book begins with a critical introduction based on recent material, offering a comprehensive view of Kashmir’s issues and resolutions. It then presents a collection of the author’s articles, published over five decades, that reveal lesser-known aspects of the state’s troubled history.

Organised under three main themes—The Indo-Pak Dispute, The US and Kashmir, and The Endgame—the articles provide a critical perspective. The volume concludes with key archival and contemporary documents illuminating the state’s formation and its current political situation.

“The Destruction of Hyderabad” (2014) offers a profound analysis of the 1948 military intervention that led to Hyderabad’s integration into the Indian Union. The book delves into the historical and political manoeuvres of this pivotal moment, emphasising the violence of the takeover and its severe impact on Hyderabad’s Muslim community, and its rich and composite culture.

Noorani not only criticises Sardar Patel – the then home minister- describing him as a “Hindu nationalist”, who showed indifference towards Hyderabad’s cultural heritage and the concerns of its Muslim residents; he also accuses Mir Osman Ali Khan, the last Nizam, of ignoring historical realities and relying too heavily on British support.

Noorani argues that the real motive was to dismantle Hyderabad, which Patel viewed as an “alien state” with an “alien culture”. He questions the necessity and motives of the military action known as “Operation Polo”, especially the use of force against one’s own people, drawing parallels with Operation Blue Star.

AG Noorani also sheds light on the suppressed Pandit Sunderlal Committee Report, which documents the massacre of Hyderabad’s Muslims and estimates casualties between 27,000 and 40,000, detailing atrocities like rape and mosque desecration. Furthermore, he criticises Muhammad Ali Jinnah for advising the Nizam against accession without providing substantial support, suggesting that Jinnah aimed to create difficulties for India rather than assist the Nizam.

Biographical and documentary works

Noorani’s biographical works include “Jinnah and Tilak: Comrades in the Freedom Struggle” (2010). In his thought-provoking book -he reassesses crucial moments and figures in India’s fight against British colonial rule. He highlights the ‘forgotten comradeship’ between Mohammad Ali Jinnah and Bal Gangadhar Tilak, detailing Jinnah’s defence of Tilak in 1916 and their shared commitment to Indian freedom.

After Tilak’s death in 1920, Jinnah continued to challenge British rule until 1937, when he abandoned hopes of joint action with Congress. Noorani argues Jinnah preferred a loose confederation over Pakistan, critiquing Congress and Gandhi for failing the Cabinet Mission Plan in 1946. The book includes essays on the Suhrawardy-Bose Bengal plan, minority safeguards, and the 1940 Haroon report, with key documents.

In “The Muslims of India: A Documentary Record” (2003), Noorani, as an editor, compiles important documents detailing Muslim reactions in the aftermath of India’s Independence and Partition, spanning fifty years. It covers significant political events, Hindu revivalism, responses to the Babri Masjid issue, the Shah Bano case ruling, Rajiv Gandhi’s talks with Muslim leaders, and personal laws, shedding light on Muslim engagement in post-independence politics and society.

AG Noorani’s “Indian Political Trials 1775–1947” (2006) explores political trials during the colonial and early post-colonial periods in India. This book, blending his legal expertise with extensive archival research, examines key political trials in India for their historical and political importance.

It covers the trials of Maharaja Nand Kumar, Aurobindo Ghose, Bal Gangadhar Tilak (defended by Mohammad Ali Jinnah in 1916), and the Meerut Conspiracy case. It also revisits notable trials of Mahatma Gandhi, Maulana Azad, INA leaders, and Sheikh Abdullah, using official records, memoirs, newspapers, and contemporary books.

“The Trial of Bhagat Singh: Politics of Justice” (2005) investigates the trial and execution of Bhagat Singh, a leading revolutionary. Noorani, using his legal expertise, reveals the case’s details, contending that Singh and his associates were wrongfully treated and subjected to a miscarriage of justice that effectively constituted judicial murder.

Commentary and other scholarly articles

Beyond his books, Noorani was a prolific contributor to newspapers and academic journals. His columns in publications such as ‘The Statesman’, ‘Frontline’, ‘Economic and Political Weekly’, ‘The Hindustan Times’, and ‘The Hindu’ provided incisive commentary on various legal and political issues. His writings frequently addressed major Supreme Court judgments, government policies, and constitutional debates – reflecting his deep engagement with contemporary legal and political discourse.

A G Noorani’s extensive and influential writings have left an indelible mark on the study of Indian constitutional law and political history. His rigorous scholarship, critical insights, and steadfast commitment to principles ensure that his contributions will continue to shape legal and political discourse in India for years to come.

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