No More Learning

12. The constitution should embody adequate safeguards for the
protection of Muslim culture and for the promotion of Muslim
education, language, religion, personal laws and Muslim charitable
institutions and for their due share in the grants-in-aid given by
the State and by the self-governing bodies.
13. No Cabinet, either central or provincial, should be formed
without there being a proportion of at least one-third Muslim Min-
jsters.
14. No change shall be made in the constitution of the Central
Legislature except with the concurrence of the States constituting
the Indian Federation.
There was a change of Government in England and the Labour
Party headed by Ramsay MacDonald came to power. High hopes
were entertained regarding the future of India. That was partl


## p. 629 (#669) ############################################

DECLARATION OF 1929
629
due to the fact that while in opposition Ramsay MacDonald had
always sympathised with the Indian aspirations and advocated their
cause. Lord Irwin, the then Governor-General and Viceroy of
India, was convinced that it was not possible to maintain an irres-
ponsible Government at the Centre for long. He paid a hasty visit
to England to confer with the new Labour Government and on his
return issued the following statement on October 31, 1929: “In
"
view of the doubts which have been expressed both in Great Britain
and in India regarding the interpretation to be placed on the inten-
tions of the British Government in enacting the statute of 1919, I
am authorised on behalf of His Majesty's Government to state
clearly that in their judgment, it is implicit in the declaration of
1917 that the natural issue of India's constitutional progress as
there contemplated is the attainment of the Dominion Status. " He
also stated that the Simon Commission had suggested to His
Majesty's Government and the latter had accepted the suggestion
that after the publication of their Report and before its examina-
tion by the Joint Parliamentary Committee, they should summon
a Conference “in which His Majesty's Government meet the repre-
sentatives both of British India and of the States for the purpose of
seeking the greatest possible measure of agreement for the final
proposals which it would later be the duty of His Majesty's Gov-
ernment to submit to Parliament. " It is pointed out that what-
ever may be said about the statesmanship of this declaration, it
should not have been made until the Commission had concluded its
labours. It left that unfortunate body in the air and at the same
time stole its thunder. Moreover, the phrase "Dominion Status”
”
was unhappily so ambiguous that it could be given various inter-
pretations. The Government of India seems to have used the phrase
in the sense in which it was employed in the Preamble to the Gov-
ernment of India Act, 1919 as applicable to the Constitution of a
dependency enjoying responsible Government. The Congress lea-
ders were not satisfied with the limited scope and purpose of the
Round Table Conference. What they demanded was the conven-
ing of a Constituent Assembly for the purpose of drafting a Consti-
tution for India. It was obvious that the views of the people of
India and the British Government differed radically from each
other. In spite of it, an interview was arranged between Mahatma
Gandhi and Lord Irwin with a view to exploring the possibility of
a compromise. The interview failed to achieve its object. The
result was that when the Indian National Congress met at Lahore
in December 1929 under the Presidentship of Pt. Jawaharlal Nehru,
it passed resolutions boycotting the Round Table Conference, dec-
laring the object of the Indian National Congress the demand of


## p. 630 (#670) ############################################

630 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
Swarajya or complete independence for India and authorising the
All India Congress Committee to start Civil Disobedience Move-
ment. January 26, 1930 was observed as Independence Day and
the Civil Disobedience Movement was started in March 1930.
Mahatma Gandhi started his historic march to Dandi to violate the
salt laws. Thousands of people all over the country violated cer-
tain laws of the country and courted arrest. There were Lathi
charges by the police. Repression was in full swing. Ordinances
were issued in quick succession by the Government to meet the
situation. Editors and proprietors of newspapers and printing
presses were arrested and fined. Their presses were confiscated in
many cases. There seemed to be a complete breach between the
Government and the leaders of the nationalist movement in the
country.
SIMON COMMISSION REPORT (1930)
The Report of the Simon Commission was published in May,
1930. First of all, the Report considered as to what should be the
ultimate constitutional framework of India and what should be the
place of the provinces in that framework. The Report declared
that the framework could not be of a unitary type. That must be
federal, not merely in response to the growth of provincial loyalties
but primarily because it must embrace all India. It was only in a
federation that Indian States could be expected in course of time
to unite with British India.
The Report recommended that dyarchy should be abolished
in the provinces and the whole field of provincial administration
should be entrusted to Ministers responsible to their Legislatures.
“Each province should, as far as possible, be the mistress in her own
house. ” It was pointed out that the retention of reserved subjects
implied the continuance of control over that part of the provincial
administration by the Central Government and the Secretary of
State for India and that was not a desirable thing.
In the new
provincial set up, the Ministries were not to be formed entirely on
the British model. The Governor was to be allowed to select those
Ministers who commanded a majority in the Legislature. He was
not to appoint a Ministry on the advice of the Prime Minister or
the Chief Minister. In all legislation and administration, Ministers
were to be free from interference by the Governor except for such
stated vital reasons as the maintenance of the safety of the province
or the protection of the minorities. It was recommended that fran-
.
chise should be extended and the legislature be enlarged.
The Report recommended that the question of making Sind


## p. 631 (#671) ############################################

SIMON COMMISSION REPORT
631
and Orissa as separate provinces should be given further expert
examination. However, it should be decided forthwith to separate
Burma from India. The North-Western Frontier Province was
considered to be ripe for the first step in constitutional advance-
ment. That province should be given a Legislative Council and
its representation in the Central Legislature should be strengthened.
The Report made certain recommendations which aimed at pre-
paring the case for an All-India Federation. The Central Legisla-
ture was to be refashioned on the federal principle. The members
of the Federal Assembly were to be representatives not of sections
of the people of India at large but of the provinces. They were
to be elected by the Provincial Councils. The elections and nomi-
nations to the Council of State were also to be on a provincial basis.
The distribution of seats amongst the various provinces for the
Federal Assembly was to be roughly on population basis. Each pro-
vince was to have 3 members on the Council of State.
So far as the Central Executive was concerned, there was a note
of “gradualness” in the Report. No substantial change was re-
commended. There was to be no responsible Government at the
centre. There was to be no dyarchy even at the centre. It was
pointed out that there was the need of keeping the centre strong
and stable "while the provincial Councils were learning by experi-
ence to bear the full weight of new and heavy responsibilities. ”
The reason given for this was not the immediate need of the politi-
cal situation in India, but the ultimate needs of the Federation.
It was stated that the provinces must find themselves before the
nature of their participation in a federal government could be deter-
mined. To quote, “It is necessary to take a long view of the deve-
lopment of Indian self-government. . . . . . A pre-mature endeavour
to introduce a form of responsible government at the centre before
the conditions for its actual practice have emerged, would in the
end result not in advance but in retrogression. ”
An All-India Federation was to be set up in the distant future.
The idea that "the Federation of Greater India can be artificially
hastened or that when it comes, it will spring into being at a
bound," was rejected. For the present only one new step was re-
commended. In order to "foster the sense of need for further
developments and bring more nearly within the range of realisation
other steps which are as yet too distant and too dim to be entered
upon and described,” a Council for Greater India should be set up,
representing both British India and the Indian States. That Coun-
cil should have authority to discuss in a consultative capacity all
matters of common concern which were to be drawn up in the
form of a list and given as Schedule. The preamble of the new


## p. 632 (#672) ############################################

632 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
Act should record the desire to bring about a closer association
between the two parts of India.
The Government of India Act, 1919, had provided for setting
up a Commission after every 10 years for enquiring into the work-
ing of the reforms and the naming of the recommendations for the
future. The Report recommended that the method of periodical
enquiry should be given up. The new constitution should be so
elastically framed as to enable it to develop by itself. The Provin-
cial Legislatures should have power to modify their own composi-
tion and procedure and self-government should grow not by mak-
ing laws but by usages and conventions.
The view of P. E. Robert is that the Simon Commission Report
"will always stand out as one of the greatest of India State Papers.
The impressive unanimity of the commissioners who from their
known party antecedents must clearly have sacrificed all but their
deepest convictions to attain it, ought to have commended their
Sagacious and temperately worded conclusions to men of goodwill
(British India, page 598). However, the Report was condemned
by the Indians. The British Government itself had also partly
forestalled it and ultimately side-tracked it, although some of its
recommendations were ultimately embodied in the Government of
India Act, 1935. Dr. A. B. Keith observes: “It was probably foolish
of Indian opinion to repudiate the Report out and out. If it had
been accepted, the British Government could hardly have failed to
work on it and responsible government could in the provinces have
been achieved much earlier than it could be under any later
scheme. Moreover, the pressure of such Governments on the Centre
would doubtless have operated strongly in the direction of inducing
the British Government to aim at federation and the states to come
to terms with the Indian political leaders. " (Constitutional His-
tory of India, p. 293).
ROUND TABLE CONFERENCES (1930-31)
After the publication of the Simon Commission Report and its
condemnation by the people of India, the British Government call-
ed the first Round Table Conference in London. The conference
met in November 1930. As the Congress leaders were in jail, the
Government appointed safe men belonging to other parties, com-
munities and interests to represent India. Representatives from the
Indian states were also invited to participate in the deliberations
and included men like Sir Mirza Ismail, Sir Akbar Hydari and the
Maharaja of Bikaner. There were lengthy discussions on question
of the future form of the Government of India. Ultimately, three


## p. 633 (#673) ############################################

ROUND TABLE CONFERENCES
633
basic principles were settled and accepted by the British Govern-
ment. The form of the new Government of India was to be an
All-India Federation in which the British India provinces and the
Indian states were to join. Subject to special reservations and safe-
guards as might be considered necessary for the transitional period,
the Federal Government was made responsible to the Federal Legis-
lature. Provinces were to be given autonomy in their own affairs.
At the end of the first Round Table Conference, Prime Minister
Ramsay MacDonald made the following important statement:
“The view of His Majesty's Government is that responsibility for
the Government of India should be placed upon legislatures, Cen-
tral and Provincial, with such provisions as may be considered
necessary to guarantee, during period of transition, the observance
of certain obligations and to meet other special circumstances, and
also with such guarantees as are required by minorities to protect
their political liberties and rights. In such statutory safeguards as
may be made for meeting the needs of the transitional period, it
will be a primary concern of His Majesty's Government to see that
the reserved powers are so framed and exercised as not to prejudice
the advance of India through the new Constitution to full respon-
sibility for her own Government. Pledge after pledge had been
given to India that British Raj was there not for perpetual domina-
tion. Why did we put facilities for education at your disposal?
Why did we put in your hands text-books from which we draw
political inspiration? If we meant that the people of India should
for ever be silent and negative, subordinated to our rule, why have
our Queens and Kings given you pledges? Why has our Parlia-
ment given you pledges? Finally, I hope and trust, and I pray
that by our labours together India will come to possess the only
thing which she now lacks, to give her the status of a Dominion
amongst the British Commonwealth of Nations—what she now
lacks for that—the responsibilities and the cares, the burdens and
difficulties, but the pride and the honour of responsible self-
government. "
As it was not considered advisable to proceed with the work of
the final form of the future constitution of India in the absence of
the representatives of the Indian National Congress, it was decided
to call a Second Round Table Conference and in the meanwhile,
efforts were to be made to bring about a reconciliation between the
Congress and the Government. The efforts of Sir Tej Bahadur
Sapru and M. R. Jayakar were crowned with success and the fam-
ous Gandhi-Irwin Pact was signed in March 1931. The Govern-
ment released all the political prisoners. Mahatma Gandhi with-
drew the civil disobedience movement. An atmosphere of goodwill


## p. 634 (#674) ############################################

634 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
having been created, Mahatma Gandhi left for London to attend
the Second Round Table Conference as the sole representative of
the Congress. In spite of the magnetic personality of Mahatma
Gandhi and his devotion to the work in hand, the communal tangle
could not be solved. Mahatma Gandhi gave a carta blanche to
Mr. M. A. Jinnah but all efforts for a settlement failed on account
of the uncompromising attitude of Mr. Jinnah and the part played
by Sir Samuel Hoare, the then Secretary of State for India, in persu-
ading Mr. Jinnah not to come to any settlement with Mahatma
Gandhi by offering him better terms. Realising the failure of his
mission, Mahatma Gandhi left England in disgust and was arrested
on his arrival in India.
It is true that as a result of the economic crisis in the world and
especially in England, the Labour Government of Ramsay Mac-
Donald had been replaced by a National Government, but Ramsay
MacDonald managed to follow his previous policy with regard to
India at the Second Round Table Conference. Many problems
were considered, but the members could not come to any definite
conclusion. Consequently, the work was referred to various com-
mittees which were required to submit detailed reports. As regards
the question of communal representation, Ramsay MacDonald
made it clear that if the various communities in India did not come
to any definite settlement, the British Government would be forced
to give its own award regarding the same.
COMMUNAL AWARD (1932)
1
As the Indians could not arrive at any settlement,' Ramsay Mac-
Donald gave his famous award known as the Communal Award on
August 16, 1932. The scope of the Award was purposely confined
a
new
1. The basis of the Communal Award is laid down in these words: "It
will be recalled that owing to the failure of various communities to reach
any agreement on the subject, principally because of a radical divergence of
opinion on the vital question of the distribution of communal seats, His
Majesty's Government themselves reluctantly undertook the task
of devising a scheme for the composition of
the
legisla-
tures. " It is rightly pointed out that the Communal Award was
the result of the activities of H. H. Aga Khan. The London
correspondent of the Daily Sun wired to that paper on 16 August, 1932
that frequent references between the Aga Khan and Mr. Jinnah (who was
in Europe at that time), were taking place. The editor of the Modern
Review wrote thus: “From private advices received from London, we are
in a position to state that His Highness the Aga Khan has a great deal to
do with it. " It also pointed out that the Aga Khan kept Dr. Ansari in-
formed of all the developments and that was responsible for a change in
the attitude of Dr. Ansari from one of complete opposition to the Award
to that of neutrality.


## p. 635 (#675) ############################################

COMMUNAL AWARD
635
to the arrangements to be made for the representation of British
Indian communities in the Provincial Legislatures, consideration of
representation to the Central Legislature being deferred for the
time being as that involved the question of the representation of the
indian states which needed further discussion. The hope was ex-
pressed that once a pronouncement was made upon questions of the
method and proportions of representation, the communities them-
selves may find it possible to arrive at a modus vivendi on the com-
munal problem. If before the passing of the Government of India
Act, the Government was satisfied that the communities concerned
were mutually agreed upon any alternative scheme, they would be
prepared to recommend to Parliament the substitution of the alter-
native scheme for the Communal Award. “His Majesty's Govern-
ment wish it to be most clearly understood that they themselves
can be no parties to any negotiations which may be initiated with
a view to revision of their decision and will not be prepared to give
consideration to any representation aimed at securing modification
of it which is not supported by all parties affected. . . . . . If before
the new Government of India Act has passed into law they are satis-
fied that the communities who are concerned are mutually agreed
upon a practical alternative scheme either in respect of any one or
more of Governor's provinces or in respect of the whole of British
India, they will be prepared to recommend to Parliament that the
alternative scheme should be adopted. ”
According to the Award, elections to the seats allotted to the
Muslim, European and Sikh constituencies were to be by voters
voting for separate communal electorates covering between them
the whole area of a province. Special provisions were made for
excluded areas. Provision was to be made in the new constitution
of India to allow the revision of electoral arrangements after the
lapse of 10 years with the assent of the communities affected, for
the ascertainment of which suitable means were to be devised. All
qualified voters who were not voters in Muslim, Sikh, Indian Chris-
tian, Anglo-Indian and European constituencies were entitled to
vote in a general constituency. 7 seats were reserved for the
Marathas in certain selected plural-member general constituencies
in Bombay. The members of the depressed classes who were quali-
fied to vote, were to vote in a general constituency. However,
special seats were to be reserved for them. Those seats were to be
filled up by election from special constituencies in which only the
members of the depressed classes electorally qualified were to be
entitled to vote. Any person voting in such a special constituency
was also to be entitled to vote in a general constituency. These
constituencies were to be formed in those selected areas where the


## p. 636 (#676) ############################################

636 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
depressed classes were most numerous and except in Madras, those
were not to cover the whole of the area of a province. In the case
of Bengal, in some general constituencies, the majority of the voters
belonged to the depressed classes. Consequently, no special num-
ber was to be fixed for their seats in that province. However, they
were not to get less than 10 seats in Bengal. The maximum dura-
.
tion of the depressed classes constituencies was to be 20 years, pro-
vided those were not abolished earlier. The election of the Indian
Christians was to be by voters voting in separate communal consti-
tuencies. It was felt that practical difficulties would prevent the
formation of the Indian Christian constituencies covering the whole
area of a province and consequently special Indian Christian cons-
tituencies were to be formed in one or two selected areas in a pro-
vince. The Indian Christian voters in those areas were not to vote
in a general constituency. Outside those areas, they were to vote
in a general constituency. Special arrangements were to be made
in Bihar and Orissa where a iarge number of Indian Christians
belonged to the aboriginal tribes. The Anglo-Indians were also to
vote on communal lines. The intention was that the Anglo-Indian
constituencies were to cover the whole of the area of a province and
postal ballot was to be used for that purpose.
Women were also given special representation on communal
lines. The electors of a particular community were to elect their
own quota. Special seats were to be allotted to commerce and
industry, mining and planting, to be filled up by election through
the Chambers of Commerce and other associations. The details
were to be worked out later on. The seats allotted to the land-
holders were to be filled up by the landholders' constituencies.
It was stated that the work of the determination of the constituen-
cies was to begin soon. The Government reserved to itself the right
of making slight variations in the number of seats given to various
communities with a view to facilitate the work of the delimitation
of constituencies. However, the proportion was not to be material-
ly changed. The composition of the second chambers in the pro-
vinces was not to disturb in any essential the balance between the
communities resulting from the composition of the lower house.
1. When the Communal Award was published, Rabindranath Tagore
sent a telegram and a letter to Madan Mohan Malviya on the occasion of
the Congress National Conference. The telegram stated: “You all know
that I have always disapproved of the Communal Award. I hope our
leaders will join their forces to save from its paralysing grip the political
integrity of the nation. " In his letter, the poet observed: “I urge that
Hindus and Mohammadans should sit together dispassionately to consider
the Communal Award and its implications to arrive at an agreed solution
(Continued on next page)


## p. 637 (#677) ############################################

POONA PACT
637
POONA PACT (1932)
Mahatma Gandhi in his letter written in March 1932 to Sir
Samuel Hoare, Secretary of State for India, had warned him that
he would resist with his life the grant of separate communal elec-
torates to the depressed classes. When the Communal Award was
published and it was found that the British Government was deter-
mined to give separate communal representation to the depressed
classes, Mahatma Gandhi wrote to Ramsay MacDonald that the
matter was “one of pure religion” with him and he asked: “Do you
realise that, if your decision stands and the constitution comes into
being, you arrest the marvellous growth of the work of the Hindu
reformers who have dedicated themselves to the uplift of their sup-
pressed brethren in every walk of life? ” Mahatma Gandhi's letter
had no effect on the Prime Minister of England who took the mat-
ter light-heartedly and would not have bothered even if the
Mahatma had died.
When the British Government refused to
move in the matter and the condition of Mahatma Gandhi became
sericus on account of his fast unto death, the Indian leaders made
up their minds to get the Award modified by mutual agreement.
Negotiations took place with Dr. Ambedkar and ultimately the
Poona Pact was signed in September 1932 and was accepted by
the Government.
The Poona Pact reserved seats for depressed classes out of the
general electoral seats in provincial legislatures as follows: Madras
30, Bombay with Sind 15, Punjab 8, Bihar and Orissa 18, C. P. 20,
Assam 7, Bengal 30 and U. P. 20. The total of the reserved seats
for the depressed classes was 148. As regards the procedure for
elections to these seats by joint electorates, all members of the dep-
ressed classes registered in the general electoral roll in a constitu-
ency were to form an electoral college which was to elect a panel of
4 candidates belonging to the depressed classes for each of the re-
served seats by the method of single vote. The 4 persons getting
the highest number of votes in the primary election were to be
candidates for election by the general electorate. The depressed
classes were to have representation in the Central Legislature on
the principle of joint electorates and seats were to be reserved for
them in the same way as in the case of the provinces. 18% of the
general seats for British India were to be reserved for the depressed
(Continued from previous page)
of the communal problem. It is needless to point out that self-govern-
ment cannot be based on communal divisions and separate electorates.
No reasonable system of Government can be possible without mutual
understanding of our communities and united representations at legisla-
tures. "


## p. 638 (#678) ############################################

638 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
classes. The system of primary elections to a panel of candidates
for election to Central and Provincial Legislatures was to be abo-
lished after 10 years or earlier, if an agreement to that effect was
made. The depressed classes were to be given fair representation
in the local bodies and public services subject to educational quali-
fications. In every educational grant in the provincial budget, an
adequate sum was to be earmarked for the education of the dep-
ressed classes. The procedure to be adopted for election of the
representatives of the depressed classes to the Central Legislature
was postponed as that involved the whole system of representation
at the Centre.
It is true that the Indian National Congress passed a resolution
by which it neither accepted nor rejected the Communal Award,
but the fact remains that there were many defects in it for which
it was condemned by the Indians. It was pointed out that the
Award was unjust to the Hindus and the Sikhs. It maintained the
weightage given to the Muslims in the legislatures in those provin-
ces where they were in a minority. Instead of giving similar
weightage to the Hindus in Bengal, the Award gave them only 32%
of the seats when they actually formed 44. 8% of the total popula-
tion of the province. The Award gave 10% of the total seats in
the Bengal Provincial Legislature to the Europeans who were only
0. 01 per cent of the total population. It is true that the Award
cut down the representation of the Muslims also but the cut in
the case of the Hindus was greater than that of the Muslims. In
the Punjab, the Hindus instead of getting weightage as a minority
community, had their representation cut down to give some weight-
age to the Sikhs. The Sikhs also failed to get the weightage which
the Muslims got in other provinces. No wonder, the Award was
opposed both by the Hindus and the Sikhs. The British Govern-
ment had been proclaiming that they were entirely disinterested in
the matter of communal settlement but it could be pointed out
that it was the British disinterestedness which penalized the Hindus
everywhere. While the Europeans were given 2,50,000 times
weightage in Bengal, the Hindus were not given even that which
was their due on the basis of their population. Mr. Attlee who
later on became the Prime Minister of England in 1945, admitted
that the Communal Award was weighted in favour of the Muslims
and against the Hindus.
Lord Zetland criticized the Communal Award in these words:
“It is one thing to concede separate communal electorate for the
purpose of giving minorities reasonable representation in the vari-
ous legislatures; it is an entirely different thing to employ the sys-
tem for the purpose of conferring upon a majority community in


## p. 639 (#679) ############################################

POONA PACT
639
a
any particular province a permanent majority in the legislature un-
alterable by any appeal to the electorate. Such a course has never
hitherto been adopted. It was considered and rejected by the
Statutory Commission, who declared that a claim submitted to
them which in Bengal and Punjab would give to the Muslim com-
munity a fixed and unalterable majority in the general constituency
seats, was one which they could not entertain; it would be unfair,
they wrote, the Mohammedans should retain the very considerable
weightage they now enjoy in the 6 provinces and that there should
at the same time be imposed, in the face of Hindu and Sikh opposi-
tion, definite majority in the Punjab and the Bengal unalterable
by an appeal to the electorate. "
Dr. Rajendra Prasad who later on became the President of
India, made the following observation on the Communal Award:
“The distribution of seats among the various communities was no
less remarkable. In all discussions about the communal problem,
Bengal and the Punjab presented difficulties. In both these Pro-
vinces, the Mussalmans are in a majority but the majority is a small
one about 55 p. c. In both these provinces it was demanded on
behalf of the Mussalmans that there should be both separate electo-
rate and reservation of seats for them although they happened to
be in a majority. In Bengal the position was complicated by the
desire of the British Government to give a very heavy weightage to
the Europeans while in the Punjab the non-Mohammedans were
divided into Hindus and Sikhs. The Sikhs insisted that, if there
were to be separate electorates and reservations of seats, they as an
important community should be given weightage as Mussalmans
had got in other Provinces where they were in a minority. The
Communal Award maintained with a small variation the propor-
tion of seats given to Mussalmans by the Montagu-Chelmsford Re-
forms in all the Provinces except Bengal and the Punjab. In Ben-
gal, the Hindus were in the minority of 44. 8 per cent of the total
population. They were given only 80 out of 250 seats, i. e. only 32
per cent of the total. The Mussalmans who were 54. 8 per cent of
the population were given 119 seats, i. e. 47. 6 per cent of the total.
The Europeans who were . 01 per cent of the population were given
25 seats, i. e. 10 per cent of the total number of seats. It will thus
appear that the Mussalmans who were in a majority were reduced
to a minority in the representation and the Hindus who were in a
minority were deprived even of their due proportion—in order to
give a very heavy weightage of 2,50,000 times to the Europeans.
What is noteworthy is that although the representation of both
Muslims and Hindus was reduced, the cut was greater in the Hindus'
representation. In other words, unlike other Provinces weightage


## p. 640 (#680) ############################################

640 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
was given to the smallest community not out of the majority com-
munity alone but out of another minority which was required not
only to give up any weightage which it might feel entitled to as a
minority but also to make a greater sacrifice proportionately than
the majority community. In the Punjab also to give weightage to
the Sikhs, the Hindus were required to give up a portion of their
representation, although they were in a minority and would be
entitled to weightage according to ordinary canons of fairness and
justice. It may also be noted that in both these Provinces, the
Award reduced the Muslim representation to such an extent as to
make it a minority of the total, although they still constituted the
largest group in the Legislative Assembly and had those seats re-
served for them, to be filled through separate electorates. No
wonder the Award was assailed with great vehemence by the Hindus
who were required to make sacrifices in the Provinces where they
were in majority and also in the Provinces where they were in a
minority, and in Bengal the sacrifice that was imposed was propor-
tionately much greater-nearly double--than that required of the
majority community. ” (India Divided, pp. 129-30).
THIRD ROUND TABLE CONFERENCE
The Third Round Table Conference was called by the British
Government rather reluctantly as it was of the opinion that the rest
of the work could be done in India. The result was that the ses-
sion of the Third Round Table Conference lasted from November
17, 1932 to December 24, 1932. The Labour Party did not parti-
cipate in its deliberations and the Indian National Congress was
unrepresented. The delegates to the Conference merely discussed
the Reports of the various committees appointed by the Second
Round Table Conference and decided a few more points.
THE WHITE PAPER (1933)
When the whole scheme regarding the future constitution of
India was thrashed out, the Biitish Government issued in March
1933 a small document known as the White Paper. It gave in
detail the working basis of the new Indian Constitution with
dyarchy at the Centre and a responsible Government in the provin-
ces. As was to be expected, the White Paper was condemned by the
Indian public opinion, but the British Government went on with its
programme.
In April 1933, a Joint Select Committee was appointed to exa-
mine and report on the Government proposals as contained in the


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GOVERNMENT OF INDIA ACT, 1935
641
White Paper. The Committee consisted of 16 members each from
the House of Commons and House of Lords and its Chairman was
Lord Linlithgow. The Committee invited representatives from
British India and Indian States. After examining many witnesses
and going through the memoranda received from the Indian Asso-
ciation, the British India delegations, Sir Tej Bahadur Sapru, Shri
M. R. Jayakar and other prominent individuals, the Joint Select
Committee submitted its report on November 22, 1934. Although
it did not alter the fundamentals as given in the White Paper, it
recommended many changes in the structure of the Provincial and
Federal Legislatures and other matters also.
When the Reforms scheme was thoroughly discussed and given
the shape by the Joint Select Committee, a Bill was drafted on those
lines and introduced in the House of Commons on February 5,
1935. Sir Samuel Hoare, Secretary of State for India, was in-
charge of the Bill which was severely criticised by the Labour Party
for its limited scope.
The Labour members tried to amend the
Bill in such a way as to recommend explicitly India's right to
Dominion Status. The diehards led by Winston Churchill tried to
introduce reactionary elements into the Bill. However, the Govern-
ment went on with its own scheme which was passed by the House
of Commons on June 4, 1935. The Bill was introduced in the
House of Lords on June 6, 1935 and was passed in July, 1935.
Here also the efforts of the Labour members to liberalise the Bill
failed.
As the Government had made many amendments in the
Bill at this stage, the Bill had to be sent back to the House of Com-
mons which accepted the proposed amendments. The Bill received
the Royal assent on August 2, 1935 as the Government of India
Act, 1935.
GOVERNMENT OF INDIA ACT, 1935
The Act provided for an All-India Federation. The question of
a federation for India had presented a peculiar problem on account
of the disparity between the Indian States and the provinces of
British India. The Indian States were under the complete control
of the Political Department of the Government of India. On the
other hand, the provinces had some sort of a democratic Govern-
The Act provided that all the provinces were to join the
Indian Federation automatically. Entry into the Federation was
to be a voluntary act on the part of the ruler of each State, how-
ever small and insignificant his State might be. At the time of
joining the Federation, the ruler of the State was to execute an
Instrument of Accession in favour of the Crown. On the accept-
ment.


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642 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
ance of that Instrument, the State was to become a unit of the
Federation. The Crown was forbidden to accept an Instrument
of Accession if its terms appeared to be inconsistent with the scheme
of the Federation. While the provinces were to be alike in respect
of the position and quantum of legislative and executive powers in
the Federation, the States were to differ regarding the extent of
their powers in the Federation. The extent of the federal jurisdic-
tion in the States was to depend solely upon the transfers made by
their respective rulers through their Instrument of Accession. The
Instrument was to authorise the various federal authorities to exer-
cise their respective functions under the Act in relation to a particu-
lar State. It was to be the duty of the ruler of the State to see that
due effect was given within his State to the provisions of the Act
in so far as those provisions were made applicable by virtue of the
Instrument. The ruler was authorised to extend the functions of
the federal authority in respect of his State by another Instrument,
but no subsequent Instrument could decrease the scope of the
authority of the Federation as provided by the original Instrument
of Accession.
The Indian States were to send 125 members to the Federal
Assembly and 104 members to the Council of State. The provin-
ces were to send 250 members to the Federal Assembly and 156
members to the Council of State. The members from the Indian
States were to be nominated by the rulers but those from the pro-
vinces were to be elected on communal lines. The functions of the
Crown with regard to Indian States were to be performed in India
by his representative who was the Viceroy himself.
The Indian Federation as provided by the Government of India
Act, 1935, was different from the other federal systems. There
was no simple division of powers between the Centre and the units.
The Act provided for 3 Lists: Federal List, Provincial List and
Concurrent List. The Federal Government was authorised to pass
laws on the subjects given in the Federal List. The subjects given
in the Provincial List were within the exclusive jurisdiction of the
Provincial Legislature. As regards the Concurrent List, both the
Federal Legislature and the Provincial Legislatures could pass laws
on the subjects given in that List. However, if a law was passed
by the Federal Legislature on any subject given in the Concurrent
List, the Provincial legislature could not make laws on the same
subject afterwards. As regards the residuary powers, the Governor-
General in his discretion was given the power to decide as to which
of the 3 Lists a particular subject was to be allotted.
The Act provided for dyarchy at the Centre. Certain federal
subjects were reserved in the hands of the Governor-General to be


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GOVERNMENT OF INDIA ACT, 1935
643
administered by him with the assistance of not more than 3 Coun-
sellors to be appointed by him. Those subjects were Defence, Ex-
ternal Affairs, Ecclesiastical Affairs and the administration of tribal
areas. In the administration of other federal subjects, the Gover-
nor-General was to be aided and advised by a Council of Ministers
whose number was not to exceed 10. The federal ministry was to
administer all the federal departments except the above mentioned
reserved departments. The federal ministry was to be formed on
the usual cabinet lines except that it was to include the representa-
tives of the important minorities. The Governor-Gerineral was
instructed by means of an Instrument of Instructions to secure such
representation to the best of his ability. In spite of the composite
character of the ministry, responsibility was to be collective. The
ministry was to be responsible to the federal legislature.
The Governor-General was required to act in three different
capacities. Ordinarily, he was to act on the advice of his ministers
with regard to all subjects other than the reserved subjects. When
he acted on the advice of the ministers, he acted as a constitutional
head. He was also required to act in his individual judgment.
When he did so, he was required to consult his ministers but it was
not binding on him to act upon their advice. The Governor-
General acted in his individual judgment while performing his
special responsibilities. Those were the safeguarding of the finan-
cial stability and credit of India, prevention of any grave menace
to the peace and tranquillity of India or any part of India, safe-
guarding of the legitimate interests of the minorities, the legitimate
rights of the public servants and their dependents and the interests
of the Indian States and the dignity of their rulers, prevention of
commercial discrimination and discriminatory taxation against
goods of British origin or Burmese origin and the securing of the
due discharge of his discretionary powers.
While acting in his discretion, the Governor-General was not re-
quired even to consult his ministers and the question of acting upon
their advice did not arise at all. While doing so, he could act in
an arbitrary manner. The Governor-General acted in his discre-
tion while administering the reserved departments of Defence, Ex-
ternal Affairs, Ecclesiastical Affairs and the tribal areas. He also
acted in the same capacity while appointing the 3 Counsellors.
He appointed and dismissed his ministers and presided over their
meetings in his discretion. In the same capacity, he was authoriş-
ed to issue two kinds of ordinances. One type of ordinance could
be issued by him at any time and that lasted for 6 months. The
other type of ordinance was to be issued only when the Legislature
was not sitting. The Governor-General was given the power to


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644 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
issue what were known as Governor-General's Acts. But those Acts
had to be forwarded to the Secretary of State. The previous sanc-
tion of the Governor-General in his discretion was required for the
introduction of certain bills in the federal Legislature and the Pro-
vincial Legislatures. He was authorised to stop the discussion of
any Bill at any time by the Legislature. He could withhold his
assent to a bill passed by the Legislature or send the same back for
reconsideration or reserve the same for the consideration of His
Majesty. He was given control over about 80% of the federal
budget. The non-votable items of the budget formed a major part
of the budget. He could, in his discretion, send any instructions to
the Governors and it was the special responsibility of the Governors
to carry them out. He could suspend the Constitution in his dis-
cretion. He was given the authority to summon, prorogue or dis-
solve the Federal Assembly. He could summon both Houses for a
joint sitting. He could address the Legislature or send messages re-
garding a certain bill.
The Federal Legislature was to be bicameral consisting of the
Federal Assembly and the Council of State. The Federal Assembly
was to have a life of 5 years from the date of its first meeting. On
the expiry of that period, it was automatically dissolved. How-
ever, the Governor-General was given the power to extend its life.
The Council of State was to be a permanent body of which 1/3rd
members were to retire after every 3 years. The members from the
States were to be nominated by the rulers. The representatives from
British India were to be elected. The Hindu, Muslim and Sikh
members were to be elected on communal lines. While the mem-
bers of the Council of State were to be directly elected, those of the
Federal Assembly were to be indirectly elected.
The powers of the Indian Legislature were severely restricted.
There were certain subjects on which neither the Federal Legisla-
ture nor the Provincial Legislatures could legislate. The Indian
Legislatures was debarred from making any law affecting the
Sovereign or the Royal family or the succession to the throne or
suzerainty of the Crown over any part of India or law of British
nationality or the Army Act, the Air Force Act or the Law of Prize
Courts. The Indian Legislatures could not make any law amend-
ing any of the provisions of the Government of India Act, 1935 or
any Order-in-Council made under it or any rules made thereunder
by the Secretary of State or the Governor-General or a Governor
in his discretion or in the exercise of his individual judgment. It
could not make any law affecting the prerogative right of the
Crown to grant special leave to appeal to the Privy Council except
in so far as that was expressly permitted by the Act. It could not


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GOVERNMENT OF INDIA ACT, 1935
645
make any legislation which discriminated against the British inter-
ests in commercial and other spheres. There were a large number
of subjects of vital importance on which initiation of legislation re-
quired previous sanction of the Governor-General. There were
many non-votable items in the Budget over which the Federal Legis-
lature had absolutely no control. If any item of the budget was
rejected by the Federal Assembly, the same could be put before
the Council of State if the Governor-General so directed. If the
two Houses of the Federal Legislature differed with respect of any
demand, the Governor-General was required to summon a joint
sitting for voting on that demand and the decision of the majority
was to prevail. The Governor-General was given the power to
summon a joint sitting of the two Houses of the Federal Legisla-
ture, when a bill passed by one House was rejected by the other or
was amended in a form to which the first House was not agree-
able. After a bill was passed by both the Houses of Federal Legis-
lature, the Governor-General, in his discretion, could assent to it
or veto it or send it back for reconsideration or reserve it for His
Majesty's consideration. The Act assented to by the Governor-
General could be disallowed within a year by the King-in-Council.
The Act provided for the establishment of a Federal Court of
India with jurisdiction over the States and the provinces. The
Court was to consist of a Chief Justice and two puisne Judges. It
was given both original and appellate powers. It was the duty of
the Federal Court to interpret the Constitution and to see that the
provinces and the Federal Legislature acted within the spheres re-
served for them by the Act. However, the last word in that matter
was to be said by the Privy Council sitting in London.
The Act abolished the India Council of the Secretary of State.
This body had been set up in 1858 to assist the Secretary of State
for India in the discharge of his duties. However, there had been
a lot of criticism about its composition and its actual role and conse-
quently the same was abolished by the new Act. The Secretary
of State was to be assisted in future by an advisory body consisting
of not less than 3 and not more than 6 Advisers. At least half of
those Advisers were to be those persons who had held office in
India for at least 10 years and who had not left India for more
than 2 years at the time of their appointment. They were to hold
office for 5 years only. They could not sit in Parliament. Their
function was advisory and as a rule, the Secretary of State was
required to secure the concurrence of at least one-half of the advi-
sers. The Act provided that "It shall be in the discretion of the
.
Secretary of State whether or not he consult his advisers in any
matter, and if so, whether he consults them individually and


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646 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
whether or not he acts in accordance with any advice given to him
by them. ”
The position of the Governor under the new Act resembled that
of the Governor-General although it differed a little on account
of the introduction of provincial autonomy.