No More Learning

As regards the communal question, many basic recommenda-
tions were made. Joint electorates with reservation of seats for
minorities on population basis with the right to contest additional
seats were recommended. No seats were to be reserved for any
community in the Punjab and Bengal. Full protection was to be
given to the religious and cultural interests of the Muslim com-
munity. New provinces on linguistic basis were to be created with
a view to the “planning of Muslim majority provinces against Hindu
majority provinces. ”


## p. 623 (#663) ############################################

THE NEHRU REPORT
623
The Report enumerated 19 fundamental rights which were to be
embodied in the statute. It was to be declared that all powers of the
Government and all authority were derived from the people. No per-
son shall be deprived of his liberty, nor shall his dwelling or property
be entered, sequestered or confiscated, save in accordance with law.
Freedom of conscience and free profession and practice of religion
shall be guaranteed to all. The right of free expression of opinion and
the right to assemble peacefully and without arms and to form
associations or unions shall be guaranteed for purposes not opposed
to public order or morality. All citizens shall have the right to free
elementary education. All citizens shall be equal before law and
possess equal civic rights. There shall be no penal law of a discri-
minatory nature. No person shall be punished for any act which
is not punishable under the law at the time it is committed. No
corporal punishment or other punishment involving torture of any
kind shall be lawful. Every citizen shall have the right to a writ
of Habeas Corpus. There shall be no state religion for the Com-
monwealth of India or for any province nor shall any state endow
any religion or give preference to any religion. No person attend-
ing any school receiving state aid or other public money shall be
compelled to attend religious instruction that may be given in the
school. No person shall, by reason of his religion, caste or creed,
be prejudiced in any way in regard to public employment, office
of power or honour and the exercise of any trade or calling. All
citizens shall have an equal right of access to and use of public
roads, public wells and all other places of public resort. Freedom
of combination and association for maintenance and improvement
of labour and economic conditions shall be guaranteed to every
All agreements and measures tending to restrict or obstruct
such freedom shall be illegal. No breach of contract of service or
abetment shall be made a criminal offence. Parliament shall make
suitable laws for the maintenance of health and fitness for work
of all citizens, securing of a living wage for every worker, the pro-
tection of motherhood, welfare of children and the economic conse-
quences of old age, infirmity and unemployment. Every citizen
shall have the right to keep and bear arms in accordance with the
regulations made for that purpose. Men and women shall have
equal rights as citizens.
The report provided for a Parliament of two houses: the Senate
and House of Representatives. The Governor-General was to be
appointed by the British Government but paid out of the Indian
revenues. His salary was not to be altered during his continuance
in office. The Senate was to consist of 200 members elected by
the Provincial Councils. The House of Representatives was to con-
one.


## p. 624 (#664) ############################################

624 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
sist of 500 members. It was to be elected on adult franchise basis.
The life of the Senate was to be seven years and that of the House
of Representatives five years.
The Governor-General was to act on the advice of the Execu-
rive Council. The Prime Minister was to be appointed by the
Governor-General and the other ministers were to be appointed on
the advice of the Prime Minister. The Executive Government was
to be collectively responsible to Parliament. The Governor-Gene-
ral-in-Council was to appoint High Commissioners and other
foreign representatives similar to those appointed by Canada and
other Dominions. The Governor-General was also to appoint the
Auditor-General of India.
The Governors of the Provinces were to be appointed by the
King of England. They were to be paid out of the provincial reve-
nues. Provision was to be made for a Legislative Council elected
on an adult franchise basis. The Provincial Legislative Council
was to sit for 5 years but could be dissolved earlier by the Gover-
nor. The latter was also given the authority to extend its life under
special circumstances. Provision was also made for a President and
a Vice-President of the Legislative Council. The Governor was to
act on the advice of the Provincial Executive Council whose num-
ber was not to exceed 5. The Governor was to select the Chief
Minister but the other members of the Executive Council were to
be appointed by him on the advice of the Chief Minister.
Provision was made for a Supreme Court of India which was to
consist of Lord President and other Justices. The Judges of the
Supreme Court were to be appointed by the Governor-General-in-
Council and were not liable to be removed from office except on an
address from both Houses of Parliament praying for such removal
on the ground of misbehaviour or incapacity. The Supreme Court
was to have both original and appellate jurisdiction. Provision
was also made for the taking of appeals to the King-in-Council
under certain circumstances.
The Governor-General-in-Council was to appoint a Committee of
Defence consisting of the Minister of Defence, Minister of Foreign
Affairs, Commander-in-Chief, Commander of Air Forces, Com-
mander of Naval Forces, Chief of the General Staff and two other
experts. The Prime Minister was to be the Chairman of the Com-
mittee. The functions of the Committee were to advise the Gov-
ernment and the various Departments concerned on question of
defence and general policy.
As regards the Civil Services, all officers of public services at
the time of the establishment of the Commonwealth were to become
the officers of the Commonwealth. The Governor-General was to


## p. 625 (#665) ############################################

ALL PARTIES CONFERENCE
625
appoint a Public Service Commission. All officers of the Army
Services were to retain all their existing rights regarding their sala-
ries, allowances and pensions. They were also to get compensation
for any loss incurred by them.
The Nehru Report was submitted on August 10, 1928 and the
All Parties Conference met at Calcutta on December 22, 1928 to
consider it. As regards the communal question, Mr. Jinnah, on
behalf of the All-India Muslim League, moved amendments to the
Report. The first amendment was that 1/3rd of the elected repre-
sentatives of both the Houses of the Central Legislature should be
Muslims but the amendment was rejected. The second amend-
1. The amendment was in these words: “We propose that one-third
of the elected members of the Central Legislature should be Musalmans,
and that the seats should be reserved for them, to that extent in the joint
electorates of the country. Now the Nehru Report has stated that ac-
cording to the scheme which they have formulated, the Musalmans are
likely to get one-third in the Central Legislature and more. It is argued
there that the Punjab and Bengal will get many more seats over and above
their proportion and the other minority provinces in India will get the
representation of the Musalmans according to their population under the
scheme propounded by the Nehru Report. What we feel is this. If it is
conceded that Musalmans should be enabled to secure one-third of the re-
presentation in the Central Legislature, the method which is adopted is
neither quite fair to the provinces where the Musalmans are in a mino-
rity, nor does it guarantee that we shall obtain one-third representation in
the Central Legislature. Therefore the two Muslim Majority Provinces,
Punjab and Bengal—will get more than their population which means you
are giving more to the rich who will, under normal conditions, get the
largest number of Muslim representations and you are depriving the Mus-
lim Minority Provinces of great importance, and restricting them to get no
more than the ratio of their population; whereas we wish to restrict the
Punjab and Bengal according to their population and desire that the ex-
cess should be distributed amongst the Muslim Minority Provinces. In
other words, we propose that you let us carve out of this one-third as the
Musalmans wish. Take the case of Madras and Bombay. It is not always
the only criterion, viz. , counting of heads, but the importance of those two
Provinces. Take the case of the United Provinces again; it is the centre
of Musalman Culture and its heart, and it will be unfair that they should
be restricted according to the number of their population in their repre-
sentation in the Central Legislature. These three Provinces, Sind being
separated, will then, so far as the population goes, be in this position: the
United Provinces with the 14 per cent Musalmans, Bombay about 8 per
cent and Madras about 6 or 7 per cent. The method that we want to be
adopted is that the excess between one-third and one-fourth should be dis-
tributed amongst the other Provinces according to the relative position of
their importance to the Musalmans and not according to population. I am
sure indeed that, besides counting our heads, there are other weighty and
important considerations, which must not be lost sight of. It is not only
a question of getting votes in the Legislatures, but it is also essential that
various parts of the Provinces which are themselves vast, should be repre.
(Continued on next page)


## p. 626 (#666) ############################################

626 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
ment was that in the event of an adult franchise not being estab-
lished in the Punjab and Bengal, there should be reservation of
seats for the Muslims on population basis for 10 years subject to
ie-examination after that period, but the Muslims should have no
right to contest additional seats. This amendment was also re-
jected. The third amendment moved by Mr. Jinnah was that the
residuary powers should vest in the provinces. This amendment
was also not accepted. Another amendment moved by him was
that no amendment of the Constitution should be made unless it
was first passed by both Houses of Parliament separately by a majo-
rity of four-fifths and was approved by a similar majority of both
the Houses in joint session. This amendment was unanimously
accepted. Sir Tej Bahadur Sapru pressed the Conference to accept
this amendment with a view to secure a settlement. To quote him,
“The simple position is that for the sake of settlement, you are
invited by Mr. Jinnah, however illogical and unreasonable, to
agree to this proposition which I consider not inconsistent with the
Nehru Report. Speaking for myself, I would like you to picture
Mr. Jinnah whom I have known intimately for 15 years as a spoilt
child. If he is a spoilt child, naughty child, I am prepared to say,
give him what he wants and be finished with it. I am not going
to ask him to be reasonable; but we must, as practical statesmen,
try to solve the problem and not be misled by arithmetical figures.
It is worthy of note that Shri M. R. Jayakar who represented the
Hindu point of view, was opposed to the demands of Mr. Jinnah.
A session of the All-India Muslim League was convened in March,
1929 and the Subjects Committee of the Muslim League which met
on March 31, 1929 approved of the Nehru Report by a majority
subject to certain specified safeguards which Mr. Jinnah had ad-
vocated at the Calcutta meeting. At the open session of the League
also, the resolution was adopted by a majority.
The Muslims criticized the Nehru Report on the ground that
there was no provision for separate electorates for the Muslims in
it and they were determined to retain what was given to them in
1909 and 1919. They were of the view that separate electorates
were more advantageous to them than a chapter on fundamental
(Continued from previous page)
sented, so that questions affecting the people for their grievances may be
ventilated properly and thoroughly on the floor of the Legislature. Very
often proper facts and arguments are placed by one single representative
which, when they are convincing, carry away the entire Legislature. It
really comes to this that the Nehru Report makes a gift of the extra seats
over and above the population basis to the Punjab and Bengal; whereas
we propose that this extra seven or eight seats should be distributed
amongst the Minority Muslim Provinces. "


## p. 627 (#667) ############################################

JINNAH'S FOURTEEN POINTS
627
rights in the Nehru Report guaranteeing social and religious liberty
to all sections of the people of India. The provisions in the Nehru
Report that “no person shall by reason of his religion, caste or
creed be prejudiced in any way in regard to public employment,
office of power or honour or the exercise of any trade or calling"
was not considered enough by them. Another ground of attack
on the Report was that the Muslims had made up their minds that
the ultimate Constitution of India must be federal and not unitary
because in a federal Government alone the Muslims could have com-
plete control in some of the Provinces where they were in a majo-
rity. The Nehru Report took away that advantage also from them.
It is pointed out that Mr. Jinnah was sadly disappointed with the
recommendations of the Nehru Report and his subsequent efforts
were to bring about unity among the several groups among the
Muslims with a view to present a united front to the Congress. He
was able to bring together His Highness the Aga Khan, Sir Muham-
mad Shafi, Abul Kalam Azad, T. A. K. Sherwani and Dr. Ansari
at the All Parties Muslim Conference held at Delhi under the Presi-
dentship of High Highness the Aga Khan. A resolution was pass-
ed at that Conference on 1 January 1929. It aimed at securing all
the advantages the Muslims had been able to procure “under the
existing law. ” Some of the clauses of that resolution revived the
old device of three-fourths' majority rule in the legislatures, con-
ceded weightage to the Hindu minority in Sind, the North-West
Frontier Province and Baluchistan, insisted on a due proportion of
the Muslims in civil services and on all statutory self-governing
bodies and demanded safeguards for “the protection and promo-
tion of Muslim education, languages, religion, personal law and
Muslim charitable institutions. " It is true that the Nehru Report
was intended to serve as a fitting reply to the racial arrogance of
Lord Birkenhead but it ultimately resulted in national humiliation.
Mahatma Gandhi admitted this fact in these words: “The Nehru
constitution having lapsed, the communal solution has naturally
lapsed. ”
JINNAH'S FOURTEEN POINTS (1929)
At a meeting of the All-India Muslim League held in Delhi in
1929, Mr. Jinnah put forward the following 14 points as the mini-
mum Muslim demands for any political settlement:-
1. The form of the future constitution should be federal with the
residuary powers vested in the provinces.
2. A uniform measure of autonomy shall be granted to all pro-
vinces.


## p. 628 (#668) ############################################

628 CONSTITUTIONAL CHANGES FROM 1919 TO 1969
3. All legislatures in the country and other elected bodies shall
be constituted on the definite principle of adequate and effective
representation of minorities in every province without reducing the
majority in any province to a minority or even equality.
4. In Central Legislature, Muslim representation shall be one-
third.
5. Representation of communal groups shall continue to be sepa-
rate electorates as at present, provided it shall be open to any com-
munity, at any time, to abandon its separate electorate in favour
of joint electorates.
6. Any territorial re-distribution that might at any time be neces-
sary shall not in any way affect the Muslim majority in the Pun-
jab, Bengal and North-West Frontier Province.
7. Full religious liberty, i. e. , liberty of belief, worship and obser-
vance, propaganda, association and education shall be guaranteed
to all communities.
8. No bill or resolution or any part thereof shall be passed in any
legislature or any elected body if three-fourths of the members of
any community in that particular body oppose such a bill, resolu-
tion or part thereof on the ground that it would be injurious to the
interests of that community, or in the alternative such other method
is devised as may be found possible and practicable to deal with
such cases.
9. Sind should be separated from the Bombay presidency.
10. Reforms should be introduced in the N. W. F. Province and
Baluchistan on the same footing as in other provinces.
11. Provision should be made in the constitution giving Muslims
an adequate share along with other Indians in all the services of
the State and in local self-government bodies having due regard to
the requirements of efficiency.
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.


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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


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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)


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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. "


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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


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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.