As Govt decides to legally contest Sonia Gandhi’s claim to Nehru’s papers, a key question: what are Private Papers of public figures, and who can see them? | Explained News

These papers, part of the Private Collection of India’s first Prime Minister, had been donated to the museum by his family earlier. In 2008, Sonia had also barred access to several sets of these papers.

Sources told The Indian Express that a broad consensus had emerged in Monday’s (June 23) AGM chaired by Prime Minister Narendra Modi that Nehru’s papers were a “national treasure and should be handed back to the museum as its rightful place to preserve his legacy”.

Last year, the PMML had decided that it would not permit future donors of Private Papers of eminent personalities to impose indefinite conditions on the declassification of such material.

How private are the ‘Private Collections’ of eminent public personalities? What rules govern the declassification of correspondence involving occupants of high government office? Who is responsible for declassifying access to such papers?

First, what are these papers, and how did they reach PMML/ NMML from Nehru’s personal possession?

The Jawaharlal Nehru Papers were the first set of Private Papers obtained by NMML, which was set up in memory of the first Prime Minister.

These papers, relating to both the pre-Independence and post-Independence periods, were transferred to NMML in several batches from 1971 onward. The transfer was facilitated by the Jawaharlal Nehru Memorial Fund (JNMF) on behalf of Nehru’s legal heir, Indira Gandhi, who apparently remained the owner of these documents until her death in October 1984.

Subsequently, a substantial collection of Nehru’s Papers from the post-1946 period were handed over to NMML by Sonia Gandhi.

Does the PMML have Private Papers of other leaders as well?

Yes. The PMML has the largest collection of Private Papers in the country, which originally belonged to some 1,000 personalities of modern India, encompassing the entire spectrum of its leadership.

In this priceless collection are the papers of Mahatma Gandhi, B R Ambedkar, Rajkumari Amrit Kaur, Maulana Abul Kalam Azad, Bhikaji Cama, Chaudhary Charan Singh, and many others.

Among its recent acquisitions are papers of former Himachal Pradesh Chief Minister Shanta Kumar, which include letters written by him to Prime Minister Narendra Modi on One Nation, One Election, the abrogation of Article 370, and Indo-Pak relations, according to the PMML.

There are also the papers of the legendary environmental activist Sundarlal Bahuguna, which were donated to PMML by his wife, Vimla Bahuguna, and papers pertaining to Hindi writer and author Yashpal, comprising correspondence pertaining to his revolutionary activities during the freedom struggle.

The individual collections have come to PMML from families, institutions, universities, and other private donors. The papers are invaluable for an accurate appraisal of the lives and times of these personalities, and essential for an understanding of India’s modern history and its landmark moments. This is what lies at the heart of repeated efforts to make them available to scholars and researchers.

How are the Private Papers of these individuals different from their personal papers?

The custodians of the archives say there are essential differences between papers and correspondence that can be deemed personal, as opposed to Private Collections, even if they pertain to the same person.

For instance, the correspondence of a President or a Prime Minister with other eminent personalities of the time, or with institutions, can be part of that person’s Private Collection by virtue of these papers being owned by the person’s family or other private individuals.

However, correspondence and documents held in personal capacity are excluded from this set.

Another set of papers can be classified as Official Records — these are held by various government departments and ministries, and could comprise letters, records, or file notings, etc. pertaining to the working of various central and state governments.

Can the donors of Private Papers impose conditions for their use by public institutions such as PMML?

When donors hand over Private Collections in their ownership to archives and museums, they do sometimes reach an understanding with the recipient institution, imposing conditions for their declassification and public access.

Many of those who donated Private Collections to PMML set unspecified embargo conditions on public access to these papers — consequently, the institution holds these papers and conserves them, but it cannot make them public, and researchers cannot access them.

It is in this context that the museum — which functions under the Ministry of Culture — decided that it will, under normal circumstances, permit only a five-year embargo from the date of receipt of any new papers. In rare cases, this window can remain shut for up to 10 years at most.

PMML has also decided to open up several sets of Private Papers that have been lying in its custody for decades, pertaining to the first Speaker of Lok Sabha G D Mavalankar, Nehru’s niece Nayantara Sahgal, and as many as 2.80 lakh pages pertaining to Nehru that were not claimed by Sonia Gandhi in 2008.

Is the PMML the only organisation that acquires Private Papers?

The other organisation that acquires Private Collections in the country, the National Archives of India — which too, operates under the Culture Ministry — says it acquires only those papers which the donors agree to declassify.

It is the norm to put all records in the public domain, unless in very rare cases, where the concerns may be pressing and pertain to security or sensitivity.

The National Archives’ Private Archives Section has in its custody a rich collection of private papers of eminent persons who have contributed in various fields of public life. These papers have been acquired mainly through donations and gifts from individuals and institutions around the world.

The National Archives has papers pertaining to Mahatma Gandhi, Dr Rajendra Prasad, Dadabhai Naoroji, Purushottam Das Tandon, Maulana Azad, Minoo Masani, Sardar Patel and Keshav Dev Malviya among others.

How does declassification work in other countries?

In the United States, the Library of Congress Manuscript Division holds Personal Papers and organizational records that are significant in American history. The National Archives and Records Administration is the official depository for US government records, like the National Archives of India here.

In India, The Public Records Rules, 1997, cover the declassification of all kinds of records and correspondence. For official records, the Rules say that the responsibility for declassification rests with the respective organisations, and that records should ordinarily be declassified after 25 years.

The definition of Public Records encompasses any records in relation to the central government, and any Ministry, department or office of the government — including the PMO and the President’s Office.

However, the 1997 Rules don’t lay down sweeping powers for papers owned by private individuals and families, access to which is voluntary in nature — either by means of donation or sale of these documents in some cases.

Several of these issues could be contested legally if the government does take the matter of the Nehru papers to court.

This is an updated and edited version of an explainer that was first published on June 27, 2024.