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    Constitutional Development

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    Naimatullah Bhayo
    This document summarizes the political and constitutional development in British India between 1858-1947 in four periods: 1) 1858-1905 was the era of apparent association, as the British revised their policy of conquest after the 1857 uprising to gradually associate local people. The Government of India Act 1858 transferred power from the East India Company to the British Crown. 2) 1905-1940 saw the vigorous pursuit of divide and rule policies to pit communities like Hindus and Muslims against each other and weaken challenges to British authority. 3) 1940-1947 was the era of "divide and quit" as the British aimed to partition the country before independence. 4) Throughout, the British pursued policies of political subjug

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    Constitutional Development

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    Naimatullah Bhayo
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    This document summarizes the political and constitutional development in British India between 1858-1947 in four periods: 1) 1858-1905 was the era of apparent association, as the British revised their policy of conquest after the 1857 uprising to gradually associate local people. The Government of India Act 1858 transferred power from the East India Company to the British Crown. 2) 1905-1940 saw the vigorous pursuit of divide and rule policies to pit communities like Hindus and Muslims against each other and weaken challenges to British authority. 3) 1940-1947 was the era of "divide and quit" as the British aimed to partition the country before independence. 4) Throughout, the British pursued policies of political subjug

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    This document summarizes the political and constitutional development in British India between 1858-1947 in four periods: 1) 1858-1905 was the era of apparent association, as the British revised their policy of conquest after the 1857 uprising to gradually associate local people. The Government of India Act 1858 transferred power from the East India Company to the British Crown. 2) 1905-1940 saw the vigorous pursuit of divide and rule policies to pit communities like Hindus and Muslims against each other and weaken challenges to British authority. 3) 1940-1947 was the era of "divide and quit" as the British aimed to partition the country before independence. 4) Throughout, the British pursued policies of political subjug

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    814 views31 pages

    Constitutional Development

    Uploaded by

    Naimatullah Bhayo
    This document summarizes the political and constitutional development in British India between 1858-1947 in four periods: 1) 1858-1905 was the era of apparent association, as the British revised their policy of conquest after the 1857 uprising to gradually associate local people. The Government of India Act 1858 transferred power from the East India Company to the British Crown. 2) 1905-1940 saw the vigorous pursuit of divide and rule policies to pit communities like Hindus and Muslims against each other and weaken challenges to British authority. 3) 1940-1947 was the era of "divide and quit" as the British aimed to partition the country before independence. 4) Throughout, the British pursued policies of political subjug

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    of 31
    CHAPTER 1 POLITICAL AND CONSTITUTIONAL DEVELOPMENT DURING THE BRITISH COLONIAL PERIOD 1858-1947 CHAPTER 1 1. POLITICAL AND CONSTITUTIONAL DEVELOPMEN DURING THE BRITISH COLONIAL PERIOD 1858-1947 A study of the political and constitutional development in the Indian sub- Continent during British rule covers two different, but interrelated aspects. Firstly, it covers a critical analysis of the British colonial policies that kept on changing from one pattern to another according to different situation and secondly, it covers several constitutional and administrative reforms. These reforms were introduced to resolve ihe contradictions between the interests of the rising industrial class of England, that holding power in the home country on the one hand and on the other, class that was running a trading corporation in a foreign soil.’ Subsequently, the same contradictions were converted between the interests of the English colonialism: at the one hand and the demands of the people of the Indian Sub-continent on the other Political development in the Indian history continued in these two important directions, which constitutes the British colonial policies: it correlates the political development with the constitutional development in the Indian Subcontinent through different stages in the process of changing socio- economic and political conditions. The constitutional developments were also meant for an effective administrative system, which could meet, the needs of colonial masters. A study of British colonial policies in the Indian Sub-Continent can be divided into two periods, the period before 1857 that is known as the Company Era and the period after 1858, known as the Imperial Era of the rule under the Crown, The policy of divide and rule remained the sheet- anchor of the British colonial policy throughout the period, however, during ssumed a somewhat the later period; under the rule of the English Crown it sofier dimension in the form of a policy of apparent association and conciliation alongside the policy of the counterpoise of the natives against the natives.” The long history of British rule may, therefore, be defined as a record of India's political subjugation and economic exploitation at the hands of the English empire-builders for a period of about two hundred years. The policy of divide and rule, signifying a deliberate and persistent effort on the part of the Englishmen to keep the indian people divided and disunited, as it alone would enable them to maintain their colonial hegemony, through exploiting the traditional antagonism of the Hindu and Muslim communities.’ As a matter of fa this policy aimed at keeping the opponents diviced, so that they could never be united and thereby be able tc offer any effective challenge to the authority of the English masters. Even after the transfer of administration of India {rom East India Company to the British Crown, the colonial policies remained the same. However, the intensity of its application varied from time to time, as per the exigencies of the prevailing situation.’ Theretore, it can be said without any hesitations that the vigorous pursuance of divide and rule policy ultimately resulted in the partition of the country in 1947, The study of political and constitutional development in Indian Subcontinent during the British colonial rule right from the days of the Company to the advent of Independence can be classified in four phases for the sake of a convenient study. 26 1. First Period (7756-1858) The era of the policy of conquest, annexation and consolidation. Il. Second Period (1858-1905) Era of the policy of apparent association. IIL Third Period (1909-1940) Era of the policy of divide and rule. WV, Fourth Period (1940-47) Era of divide and quit. The eighteenth century proved a turning point in the history of modern India in view of the fact that the rise of independent feudal despotism in different parts of the country and the decline of the Moghul Empire, which prepared a wholesome ground for the political success of the European colonial nations. In the beginning of the same century, the English, Dutch and the French trading corporations were engaged in eliminating cach other from India. However, the British emerged triumphant in their imperialistic plans for ascendancy after the battle of Plassey in 1756 that resulted in easy posse: ion of Bengal. As a result, the East India Company was established in 1757 and got rights implying control over and administration of revenues in Bengal, Bihar and Orissa and the rights of administering civil justice as well. Finally, with the annexation of Punjab in 1849 the English could consolidate their unchangeable control over the Indian Subcontinent. Thus, the English assiduously pursued their policy of conquest, annexation and consolidation ever since the fast decline of the Mogul political: order till the war of independence in 1857. The British Parliament began to exercise its control over the activities of the British East India Company when it firmly established its political powering India. ft should, however, be noted that while the East India Company remained seriously engaged in pursuing the policy of conquest, annexation and consolidation, the English government remained equally concerned with increasing its hold over the affairs of the Company.’ ‘Therelore, various Acts s India Act of $784 and Charter Acts of 1793, 1813, 1833 and 1853 ° were passed by the British Parliament such as the Regulating Act of 1773, Pit in this regard. The administration remained in the hands of the alien white bureaucracy while the ultimate center of authority remained in England under whose instructions the administrative machinery created in India, acted like an instrument to govern this country as a police state.” ‘The insurgency of independence in 18S7came as a rude shock or the first terrific jolt to the British’s who called it ‘Mutiny’.* It compelled the English tulers to revise their colonial policy of conquest, annexation and consolidation in a way signifying gradual but cautious association and co- operation of the local people. The British Parliament enacted the Government of India Act, 1858, and assumed sovereign power over India with a view to overcoming the chaos and confusion, which prevaited in the country. With the transfer of Sovereignty to the British Crown, bureaucratic vule was firmly established in India. it THE GOVERNMENT OR INDIA ACT 1858 This Act was the product of the rude shock that the British’s had from the War of Independence what they called by the notorious name of ‘the Indian Mutiny’. The main provisions of the Act were:” 28 1. It transferred the administration of India from the Company to the Crown. All powers hitherto exercised by the Board of rred to the Directors and Court of Proprietors were uansf Secretary of State for India—a member of the British Cabinet drawing salaries and emoluments from Indian revenues. Il, The Secretary of State was to be assisted by @ body, called India Council, consisting of 15 members, 8 of whom were to be nominated by the Crown and elected by the outgoing Directors. Il. All vacancies in the India Council were to be filled by the notninations made by the Crown. All decision was to be taken by a majority vote and the Secretary of State for India was given the power to over-ride the decision of the Council if he considered it necessary. The Secretary of State was required to lay before the Parliament an account for the financial year containing the statement of the revenues arid expenditures of India and also containing a statement showing the moral and material progress made by the Indians. The Act of 1858 is very significant in the view that it has paved the way for the accommodation of locals in administration and expansion of administrative structure. Through this Act it becomes evident that there is a positive correlation between constitutional development and administrative iti change, However, the real point of si nee af this Act should: be discovered in the termination of the rule of the Company and ‘ts substitution by the rule of the Crown. [a general, the nature of the British administration remained the same. That is why Lord Derby, the then Prime Minister, said that 'the transference of the authority of the Crown is more real than nominal’.'" The British policy until the end of the nineteenth century was to maintain law and order by strengthening military and administrative services. Since India was the best market for British manufactured goods, raw material and labor, the maintenance of law and order was given the highest priority. The Indian Civil Service performed this function efficiently, while the government played the role of a referee conuolling a fight rather than that of . a . u , an architect designing a temple of swealth.'' Pramise was also made to stimulate peaceful industry of India. to promote works of public utility and improvement and to administer its government for the benefit of all the subjects’ resident therein. It was very clearly proclaimed that “We desire no extension of cur present territorial possessions... We shal] respect the rights. the dignity and honor of the Native Princes as our own.”""* ‘The educated Indians hailed the royal proclamation as the Charter of Magna of their rights. Thus began the new era of Engtish colonialism, as deseribed by Lord T. B. Macaulay! "The Benevolent Despotism’—'Benevolent’ as the new policy signified association of the Indian people with the alien administration and 'Despotism’ as the English Government was kept as. irresponsible and autocratic as before, While the British goverment was consolidating its rule in India, it performed several essential functions. In 1835, the British introduced the English system of education into India." The British also improved the system of communication with a view to facilitating the growth of the British-owned industries and the. movement of British troops and manufactured goods, ‘The medium of Western education and the Engfisn language as medium of communication also exposed the 30. {ndian middle class to Western thought and tradition. Among the peoples of India, the Hindus were more willing to acquire western secular education, which ultimately brought into existence of a new integrated all-India class with a varied background but a common foreground of knowledge. ideas and values.’ From the political aspirations of this class was born modern Indian nationalism. It was Western in concept and was strengthened by the unifying cffects of the British rule and by the discovery of India’s past under the auspices of Western scholarship.. The demand for self-government that asserted by Indian nationalism in due course was also characteristically Western. Freedom and a democratic ideal became the dynamics of the Indian politics. This new middle class however was not satisfied with British autocratic rule and expressed its dissatisfaction through various attacks on the Vernacular Press Act, the Arms Act, and the [Ibert Bill."° A new step in the direction of pursuing this policy of association was taken in 1861 when the Indian Councils Act was passed whereby, lor the first time, Indians were nominated as the members of the Executive Councils for legislative purposes. It obviously meant association of the native element with the alien administration in appreciation of which Sir Bartle Frere said. that the addition of the native element to the Council has, | think, become necessary unless one is prepared for the perilous experiment of -ontinuing to legislate for millions of people with few means of knowing except by a rebellion, whether the laws suit them or not.'7 1.2 THE INDIAN COUNCILS ACT OF 1861 In order to give a semblance of implementation to the policy of association as contained in the Royal proclamation of November 1, 1838, the Act of [861 was passed that mainly provided:!® I. I. IV. First, it added some additional members. not more than 12 and not less than 6. to the Supreme Council for the purposes of legislation. They were to be nominated for two years by the Governor-General. Not less than one half of the members were required to be non-officials and the Indians were invariably nominated to fill the vacant seats. Second, the Executive Councils of the presidencies of Bombay and Madras were also expanded for the purposes of legislation. These additional members were to be not more than 8 and not less than 4 out of whom not less than one half were required to be non-officials who were invariably Indians Third, the Governor-General was further empowered to create similar bodies for North-Western Frontier Province and Punjab. Fourth, filth member was added to the Uxecutive Council of the Governor-General. The Governor-General was given the power ‘o frame rules and regulations for transacting the business of the Council. Thus, a sort of porttolio system was introduced, Last, the Governor- General was given the power to issue ordinances during an emergency. In this way, the Act of 186 sought to make a beginning in the direction of seeking association of the Indian people with the work of legislation under the strict control and supervision of the Governors in the a provinces and of the Governor-General having his seat at Calcutta. A number of societies were formed to express public opinion on political matters.” The Indian Association of Calcutta was formed in 1876, and the Indian National Union in 1883. This new middle class mainly consisted of Hindus. The founding in 1885 of the Indian National Congress provided a sign of the new times. A. O. Hume, an Englishrnan, who is known as the architect of Indian National Congress. The aspiration for self-government reflected a profound transformation of political ideas among the Western educated classes, It also furnished the means whereby freed ym from the alien rule could eventually be achieved. The empire had sowed the seeds of its own dissolution. The movement towards self-government was, however, slow. The Indian Councils Act of 1892 marks another milestone in the direction of this policy of apparent association now slightly sharpened in response to the demands of the Indian National Congress formed in 1885. The introduction of the system of indirect election for the non-official members of the Executive Councils, nomination of some members 10 the Councils by the Governor-General on the advice of the provincial Councils and focal bodies. conferment on the Executive Councilors the right to ask questions and discuss budgetary provisions. Above all, increase in the strength of the {adian members in the Cenval and Provincial Executive Councils were certain novel fears of this Act that looked fike a sort of constitutional movement in the sphere of responsible government. Thus, this Act was like an attempt al compromise between the official view of the Councils as pocket legislatures and the educated Indian view of taking them as embryo parliament.”” 1.3 THE INDIAN COUNCILS ACT OF 1892 As the Act of 186] had certain weaknesses; the Act of 1892 was framed to them?! remove some of them. 1 MI. The Executive Council of the Governor-General was expanded for legislative purposes with additional members whose number was to be not less than 10 and not more than 16, in Bombay and Madras, additional members were to be between 8 and 20; lar N.W.F.P, and Oudh the number was to be 15 at the most. Then, a sort of indirect election system was introduced as the Governors could make nominations on the reco- mmendations of the Provincial Councils, Municipal Councils, District Boards, Chambers of Commerce and Industry etc, The functions of these executive councils were enlarged The executive councilors were given the right to ask questions and debate budgetary provisions. Last, in the Supreme Council, 10 out of 16 additional members were to be non-oflicials: the non-official members of the four Provincial Council and one to the Caleutta Chamber of Commerce allotted four of these nen-olficial seats to the recommendations. Thus, the Indian Councils Act of 1892 has been described as a drastic improvement upon the Indian Councils Act of 1861. The Muslims were held responsible the insurrection of 1857 and were victimized severely, After the Mutiny, the British who were determined to reduce them to an inferior position and distrusted them. One upshot was that Muslims were kept out of government services, particularly in army and administration for several decades.” On the other hand, it was not difficult for the Hindus to accommodate themselves in the new system, to them only their rulers are changes and thus, they accepted with thanks such crumbs as their former conquerors dropped, trom the table.’ After the Mutiny, the cooperation of Hindus became indispensable to the new rulers of India. Almost a century ago the Muslims were the rulers of india and monopolived all the important offices of state. As long as the Muslim were ruling India. they never realized that they were a minority in India and after loosing power they became a minority and suddenly realized that their religion, language and culture are insecure and had a fear of being assimilated by the Hindu majority.? This fear resulted in taking a refuge in religion to meet the new challenges. As a result the Muslim middle class remained much smaller than that of the Hindus, owing to the fact that Muslims did not compramise with the change, remained isolated and boycotted the English education and services. Ia these circumstances, men like Sir Syed Ahmed Khan took the responsibility and persuaded the Muslim to acquire modern scientific education. He founded the Anglo- Oriental College at Aligarh in 1875 and laid the foundation of the Annual Muslim Educational Conference in 1886 When the Indian National Congress was founded in 1885, Syed Ahmed Khan discouraged Muslims from any participation in it, since it was mainly a Hindu organization.* Moreover, the Congress pressed for a larger share for Indians in the various services and in particular for the introduction of parliamentary government, an institution whose basis in universal suffrage would reduce the Muslims to an inferior position. Though many, like Syed Ahmed Khan, discouraged Muslim participation in the Indian National Congress, an important section of Muslim opinion (Jinnah was among them) emphasized the need for Hindu-Muslim co operation to put an end to British rule. In the end of 19" century the British masters changed the policy of apparent association into the policy of divide and rule and as a result many members of the Congress began to criticize the British for undue favor to the Muslims. The partition of Bengal in 1905, which the Mus:ims favored, widened the rift between the British und the Congress. B he position of the extremists in the Congress was weakened by British concessions, including the Reform Act of 1909 and the annulment of the partition of Bengal in 1911. Ld THE GOV RNMENT OF INE A ACT 1909 The enactment of the Indian Councils Act of 1892 was very much due to the role of the moderate leaders of the Indian National Congress. In no more time, the role of the Indian National Congress became a matter of apprehension for the English rulers who sought to sharpen the application of their policy of divide and rule. It is discoverable in the statement of George Francis Hamilton, the then Secretary of State for India, who wrote to Viceroy Curzon on Sept. 2, 1897: “I think the real danger to our rule in India, not now but say 50 years hence, is the gradual adoption and extension of western ideas of agitation and organization, and, if we could break the educated Hindu party into two sections holding widely different views. we should, by such a division, strengthen our position against the subtle and continuous attack which the spread of education must make upon our system of Government.”**Thus, the shrewd English rulers adopted the divide and rule policy. The Act of Minto Morley Reform came as the first effective dose of the communalization of Indian politics. ts main provisions were: first, both the Imperial and the Provincial Councils were expanded. For the Imperial Legislative Couneil, the maximuin number of additional members was raised from 16 to 60; the number of such members for the Councils of Bombay, Madras and Bengal was raised trom 20 to 50, for UP trom 15 to 50 and for all others it was fixed at 30, Separate electorate system was introduced as the constituencies for the election of non-official members were divided into Muslims, Muslim landlords, landlords, Chambers of Commerce, Universities, Corporations, Municipalities, and District Boards etc. Second, the functions of the Legislative Councils were also enlarged. The members were given the right to ask questions and supplementary questions, to move resolutions on matters of general public interest: resolutions could be moved and votes taken on the notable portions of the budget. Third, some changes took place in the composition of the Executive Councils also. The Secretary of State for India-in-Council were given the power to raise the membership of the Executive Councils of Bombay and Madras presidencies from 2 to 4 of whom at least half must have worked foi at least 12 years in the service of the Crown in India. The Governor-General- in-Council was given the power to establish an executive council in Bengal of not more than 4 members with the approval of the Secretar, of State for India. In 1906 the Muslim League was founded in Dacca to protect the interests of the Muslims masses. The Morley-Minto Reforms of 1909 granted the Muslims the right of separate representation on all local, provincial, and central bodies.”” It is observed that alter this reform the Muslim League became committed to safeguarding the rights and interests of Muslims rather than fighting for the introduction of responsible government. After the annulment of the partition of Bengal it 1911, the Muslims were convinced that their interests could be safeguarded only through the Muslim League and by 1913 Mohammed Ali Jinnah joined it. The Leapue Council passed a resolution in 1913 calling for the attainment under the aegis of the British Crown for seli-government suitable to India?* This event disillusioned Muslims, and even caused them to turn toward the Hindus. Jinnah persuaded the Muslim League to come to an understanding with the Indian National Congress. This understanding was reflected in the Lucknow Pact of 1916, which registered the Congress acceptance of separate Muslim representation in the various legislative bodies and granted them special sateguards.”” It was under the impulse of the mass freedom movement lauached by the Congress and the aftermath of World War-l to which India had made a massive contribution with men and material ‘to make the world sate democracy’ which forced the British statesmen, in Lord Asquith’s phrase, to iook at the indian problem “from a new angle of vision. The result of these developments was the momentous declaration of 1917, which stated “the progressive realization of self-government in India” as the goal of the British government 38 1.5 THE GOVERNMENT OF INDIA ACT 1919 The Government of India Act of 1919, which followed the Montagu- Chelmsford Report of 1917, set up partially responsible governments in the provinces.” The provinces were considered as the domain in which the earlier steps towards progressive realization of responsible government should be taken.” The Act of 1909 failed to satisfy the Indian leaders, as it involved no real transfer of power. Even moderate Ccngress leaders like Gokhale, who wanted to give these reforms a trial, were soon disillusioned. The policy of association still remained an apparent affair. Facts show that only two Indians were appointed to the India Council of the Secretary of State and one Indian each to the executive councils of the Governor-General and Governors. It was just for the sake of giving a semblance of association that A few Indians were admitted to the decision making bodies. Even the English writers realized the inadequacy of these reforms particularly when the English Government was involved in the First World War as Professor Philips justly comments: “Lacking a el rly distinguishable and sieadily British policy towards the growth of polities in India, Morley and Minto were driven to devising not so much a coherent plan as a series of expedients to meet the particular and admittedly difficult situations.“ ‘The famous Montagu Declaration of 1917 pledged progressive realization of self-government in India, Thereatt , the Act of 1919 was announced that furnished a slightly refined version of the policy of apparent association. 1 kept the Central Government and its affairs cntirely in the hands of the Governor-General-in-Council responsible to the English Parliament alone. The Indian Legislative Council was transformed into a bi-cameral legislature consisting of a Legislative Assembly and Council of State whose 3 composition was liberalized so as to pit into them elective majorities though their area of authority remained far from being expanded in the direction desired by the Indian people. It introduced a novel system of administration in the provinces notoriously known as the 'dyarchy'.** The subjects of administration “vere divided into ‘reserved' and ‘transferred! catevories, the former under the charge of the Governor and his councilors and the latter under ministers responsible to the legislative council, ‘These experiments failed as they were bound to prove so on account of certain inherent detects. Even an English writer admitted that the system of dyarchy Jailed in its primary purpose, which its authors intended to serve. It did not provide a a : real training in responsible government.* The Khilafat Movement and the draconian swppression of rioting in the Punjab brought the Muslims and the Hindus closer than ever before, Gandhi joined the Khilafat movement and started the non-violent and non- cooperation movement against the British government. The Hindu-Muslin alliance, which Gandhi created, broke down when he suddenly called aff the entire non-cooperation movement because a mob of his supporters attacked a police station and killed a policeman. lhis led Muslims to believe that they had been betrayed The Muslim League was revived in 1924 and it was still the party of the big landowners and the upper middle class. Its purpose was to safeguard the rights and interests of the Muslims by supporting the continuance of a separate Muslim electorate, increased weighting of their votes. and more provincial autonomy. British Government sent its Statutory Commission (also known as the Simon Commission) in 1927 to study and submit its report on the implementation to part of the new constitutional reform based on the scheme devised by Secretary of State Montagu and Vicerey Chelmsford, Indian Iciders staged a boycott of this Commission. With a view to placate the Indian public opinion, Viceroy Lord Irwin in 1929 announced that the goal of British policy was ‘Dominion Status’. The Commission was boycotted by the Indian leadership, as there was no local representative in the Commission. In pursuance of the decision of the All-Party Conference, to provide an alternative constitutional scheme, a committee was formed presided over by Motilal Nehru made a report in 1928, known as the ‘Nehru Report’, laying down the principles for framing a constitution for India. The Report rejected separate eleciorates for the Muslims and federal nature of the future constitution.** At the All-Party Conference, Jinnah pleaded for the acceptance of the amendments; however, all the proposed amendments were rejected. Jinnah is recorded to have commented: “This is the parting, of the ways.” Jinnah put forward the demands of the Muslim League in his 14 points’” in 1929 and rejected the Nehru Report. The 14 Points put forward by Jinnah, were approved at the All India Muslim League session held at Delhi in March 1929, included the demands of a federal constitution with residuary powers vested in the provinces, separate electorate for Muslims, separation of Sind from Bombay Presidency, introduction of reforms in the N.W.F.P. and Balochistan on the same footing as in other provinces. The Lucknow Pact of 1916 was in shreds. H. M. Seervai has explained the attitude of the Congress by observing that, “the war of succession to the British Raj had not begun in 1916, but had begun in 1928, as full provincial autonomy was the obvious line of political advance in India as the Simon Commission Report in 1930 was to show. The few opportun ror averting al that war were missed by the Congress. The war of succession ended with the partition of India.”** Although vague ideas about a possible state for the Muslim were Hoating for quite sometime, yet it was left to Igbal to develop a political philosophy of such a state and announce its feasibility from the platform of All India Muslim League. The constitutional scheme presented by Sir Muhammad Allama Iqbal in his presidential address at the Allahabad session of the all India Muslim League in 1930 offered a soiution of the inter-communal conflict.” He said: “1 would like to see the Punjab, the North-West Frontier Province, Sindh and Balochistan amalgamated into a single state. Self-government within the British Empire or without the British empire, the formation of a consolidated north west Indian State appears to me to be the final destiny of the Muslims at least of north-west India.” This scheme is known as the ‘Dream of Pakistan’, provided a separate homeland for the Muslims of the Sub-continent, was based on the geopolitical realities of the time. Initially did not include the eastern parts of the Muslim majority areas, The eastern parts were included in 1937."! The Muslim League was not yet ready for a radical break. ft did not pas ny resolution in support of the proposal made by its President. But Allama Iqbal had provided a vision to the Jater rise of the Pakistan movement, Muhammad Ali Jinnah rowed to India lier & temporary stay in England in 1934 and began the reorganivation of the Muslim Teague. In the same year he was elected as the president of the Muslim League. Muhammad Ali Jinnah realized that without a strong organization, it would be impossible to “secure from the Congress the kind of constitutional safeguards which would assure a . 7 Muslim interests in a self governing India. On the bases of these constitutional schemes, the Simon Commission Report, Nehru report and Jinnah’s 14 points, the Round Table Conferences of 1930, 1931 and 1932 held in London but failed to resolve the controversy. as the English leaders were not prepared to grant reforms that would weaken the foundations of the empire and were adamant for a stronger central government. Not only that, a policy of the counterpoise of the natives against the natives became more effective at this stage that had its manifestation in the 14-point program of Jinnah and in the representation of the Indian princes in the Round Table Conferences. However, eventually, the Government of India Act of 1935 agreed. 1.6 THE GOVERNMENT OF INDIA ACT This Act provided for an all-Indian federation of a novel type consisting of all provinces as well as the princely states, It provided that the federal cabinet would be responsible to the legislature but the defense and foreig relations would be reserved subjects under the Governor: ieneral who was also given certain special responsibilities in respect of subjects under his ministers. Thus, he was given special responsibilities to secure due administration of the reserved subjects. to ensure financial stability and credit of India, and for the protection of minorities, Indian princely states and public services. The notorious system of “dyar hy” was thus tansterred from the provinces to the Center. In the provinces all subjects were transferred to the ministers accountabie to provincial levislatures. But here too, the Governors were given special responsibilities to act in their individual judgment and to assume all power in the case of the breakdown of constitutional machinery. This was called provincial autonomy in the election to the provincial assemblies in 1937 held under the Act 1935, the Muslim League was able to secure only about 7% of the Muslim votes."" The Congress was able to form ministries in seven provinces out of 11"! Flushed with victory the attitude of the Congress became further hardened. The conduct of the provincial ministries, notably in the United Province (UP), gave a foretaste of rule by the Hindu majority, The Congress offered two ministries to the Muslim League members of the assembly, on the condition if the Leaguers carry out the Congress policies and programs and merge the Muslim League party in the assembly with the Congress Parliamentary Party.” The offer was rejected for obvious reasons. The Congress thereupon formed a one party ministry. On this situation, fan Stephens has observed: “The effect of this, simultaneously on many Muslim minds, throughout india, was of a lightning flash. What had before been guessed at now leapt forth in a hurriedly clear outline. he Congress, a Hindu dominated body, was bent on the Muslims eventual absorption, westem style majority rule, in an undivided subcontinent, could enly mean the smaller community being swallowed up by the larger, as Syed Ahmed Khan had long ago pointed out." The Working Committee of the League afler its meetings held in February 1940 came up with its recommendation. Jinnah seems to have thought “a hundred times” before making up his mind, On March 23, 1940 at the historic session of the Muslim League held at Lahore, the resolution, that later came to be popularly known as the ‘Pakistan Resolution’ was passed, ‘The resolution was moved by the Bengal chief minister, A. K. Fazlul Hag, 4 and was seconded by Choudhury Khaliquzzaman and others. stated that: - “Resoled that it is the considered view of the Session of All India Muslim League that no constitutional plan would: be workable in this country or be acceptable to the Muslims unless. it is designed on the following, basic principle. namely, that geographically contiguous units are demarcated into regions which should be so constituted, with such territorial readjustments as may be necessary, that the areas in which the Muslims are numerically in a majorily, as in the north-western and eastern zones of India, should be grouped to constitute independent states in which the constituting units shall be autonomous and sovereign. Adequate, effective and mandatory safeguards should be specifically provided in the constitution for minorities for the protection of their religious, cultural, economic, political, administrative and other rights.” it was further said that federal government should have the subjects such as defense, communication, foreign affairs and currency; the residuary subjects should be given to the provinces.” Muhammad Ali Jinnah was able to transform the League into a mass. organization by 1945, having resolved the horizontal cleavages, which had existed among Muslims.” This transformation of the League into a mass organization enabled it to capture the great majority of Mustim seats in the 1945-46 elections. It needs to be pointed out here that, following the Lahore Resolution of 1940, the League sought to achieve independence rather than to prepare any program or ideology for building a new state. Professor Sayeed has nicely described the circumstances leading to the establishment of the Pakistani State.” It is also noted that a convention of Muslim League legislators, central and provincial, met in Delhi, on April 9, 1946 and passed a resolution demanding that the six provinces, Bengal and Assam in the north-east and the Punjab, the North-West Frontier Province, Sindh and Balochistan in the north-west, should constitute a sovereign independent State of Pakistan! In February 1946, the British government announced its decision to send to India a special mission (the Cabinet Mission) consisting of three cabinet Ministers to seek, in association with the Viceroy. Lord Wavell, and in consultation with the Indian leaders, an agreement on constitutional issues. [t represented the last attempt of the British to preserve the unity of India? The Congress and the Muslim League followed their established positions In brief, the Congress wanted a single Constituent Assembly to draw up a constitution for, “an all-India Federal Government and a Legislature with full powers.” Following its resolution of April 9, 1946, the Muslim League proposed two constitution-making bodies, one [or the six provinces in the Pakistan group; and the other for the group of six Hindu provinees. The mediation of the Cabinet Mission could mot bridge the guilt. It is further mentioned that the Cabinet Mission on May 16, 1946 offered its own solution, A three tier constitutional plan was proposed providing in the main: 1. Union of India, embracing both British India and the states, which should deal with the subjects of foreign affairs. defense, and communications and have the power to raise the necessary finances. qo 1. Three groups of provinces; a, GROUP A, comprising the six Hindu majority provinces: b. GROUP B, the provinces of the Punjab. North-West Frontier Province. Sindh, and Balochistan: and: c. GROUP C, the provinces, of Bengal and Assan II]. The Provinces and the states would be the basic units. All subjects other than the Union subjects and all residuary powers would be vested in the provinces. ‘The provinces had the right to opt out afier the first general election under the constitution framed by the national legislature.” The Muslim League afier weighing the pros and cons accepted the plan.” Hudson has observed, “The fatal blow was struck by Jawaharlal Nehru in the speech in which he made clear that the Congress would accept the plan only to destroy it, by seeking to demolish the system of grouping of provinces which was its essence.”** The plan was in tatters. The Muslim League thereafter withdrew its acceptance, which had only been tactical. A compromise rather became impossible and ultimately on the scheme of the Independence Act of 1947 India was divided into two-country Pakistan and India. Muslim League had a tremendous influence on political and constitutional development in Pakistan. An analysis of the league will be essential for our study. The league, firstly, was not a homogeneous organization. Various groups joi ed the League in the fight for independence. Secondly, the Eeague was a highly centralized organization. Jinnah realized that without a strong political organization it would not be possible to protect the interests. » Modine? . : of Muslims.” He reorganized the League to tanstorm it into a mass 47 organization. Provincial, district and local committees were formed in various parts of India. Powers of the League were concentrated in the hands: of the President and the Central Parliamentary Commitee of Action.” The center controlled provincial branches. Jinnah took the supreme political decisions of the League. Unlike the Indian National Congress, the League organization was highly dictatorial. No one was allowed to question the decisions of the leader. By contrast, Gandhi, Nehru and Sardar Patel took the political decisions of the Congress over partition. Nehru was not able to dominate the Congress because of the presence of other able political leaders. In addition the fact was that the Muslim League was mainly coterie of landlords and retired senior officials.” Also, since the League was mainly concerned with the achievement of independence afier the Lahore Resolution of 1940, it failed to formulate any program or ideology for the building of the new state. In the elections of 1945-46, many young intcllestua!s urged Jinnah to develop a comprehensive socia' and political program for the new state, but he refused to became invelvea in discussion of ideology, stating that, “We shall have time to quarrel our selves and we shall have time when these differences will have to be settled, when wrongs and injuries will have to be remedied, we shall have time for domestic programs and policies, but first get the government. This isa nation without any territory or any government." 17 THE INDIAN INDEPEND) NCE ACT OF 1947 Like previous constitutional reforms, the Act of 1935 also failed to achieve the real purpose on account of the very fact that, as Clement Atlee himself said its keynote was ‘mistrust’ and ‘distrust’. The role-play ed by the Congress party in the elections of 1937 and in the working of the provincial ministries. 48 The experiment of provincial autonomy. however. came to an end in 1939 when the Congress governments resigned in protest against the declaration of the British Government in joining India on the side of the Allied Powers without seeking the advice of the Indian leaders. During the war period, the British Government made a number of attempts to end the deadlock. In Aug., 1940, Viceroy Linlithgow offered enlargement the size of executive council to include more Indians and also proposed that a new constitution would be devised with the co-operation of all shades of opinion after the war. The August Offer failed and later the Cripps Scheme of 1942 appeared. This scheme stated that after the War, India would have Dominion Status and that a new constitution would be framed by a constituent assembly subject to its ratification by the English Parliament. A treaty between the English Government and Indian Constituent Assembly would be signed to provide for the complete transfer of power. Finally the Wavell Plan of 1945 was announced, saying that the Cripps Proposals: still stood and a new constitution was to be worked out by the Indians alone. A conference of the Indian leaders with the Viceroy was held in Simla to consider this plan, but nothing could materialize on account of unbridgeable differences between the Congress and League leaders. The Cabinet Mission Plan of 1946 is very important. It rejected the demand for country's partition as raised by the Muslim League ever since its resolution adopted at the Lahore session of 1940. It suggested a three-tier system: a Union-Center, an intermediary the authority representative of she groups of contiguous provinces and, finally, the Indian provinces. It chalked out a scheme for the formation of the Constituent Assembly consisting of the representatives of the provinces and of the native states. Finally, it suggested 9 the formation of an Interim Government consisting of the leaders of major political parties. Afler prolonged discu jon, the Congress joined the interim government in September 1946 and the League did so about a month after, This government failed to run smoothly owing to the obstructive role of the League members. The British government then decided to convert its policy of divide and rule into that of divide and quit. Thus, on February 20, 1947 came Prime Minister Attlee's historic declaration that the British would leave this country by the end of next year, The Gordian knot was eut on June 3, 1947 when the Congress leaders accepted Lord Mountbatten's plan to partition the country. Thereupon, the British Parliament passed the Indian Independence Act that provided the division of the country into India and Pakistan. It signified the termination of the centuries old British rule over india, It is, therefore, clear from the above discussion that all these constitutional reforms were devised by the English rulers to somehow safeguard the interests of the empire threatened by the challenging. The policy of association as well as the declarations of progressive realization of sell= governing, institutions were all hoax in view of this political axiom that “imperialism and popular government have nothing in common: they differ in spirit, in policy, in method." Muslim politicians and the Muslim masses lacked an adequate understanding of the parliamentary system of government, and especially its requirement for substantial participation of masses. Under the Act of 1919, four provincial elections were held with only 3 per cent of the people forming the electorate. Under the Act of 1935 two provincial elections were held with only 14 per cent of the people forming the electorate. Since the so Muslim League was not a mass-based party before 1940, elections were fought on communal and personal is ues rather than on programs. Yhough the election of 1945-46 began to reverse this trend of low public participation, the leaders were not able to capitalize on this experience because of the fact that partition occurred barely a year later. As noted, the Muslim League before 1940 was not a mass-based party. Furthermore, Muslims were not well represented in the various legislatures. Finally, since Muslim leaders were more, concerned about achieving independence, they were less likely to be in a position to acquire experience in the functioning of representative institutions. The above pages prove that the process of political and constitutional during the British colonial period was rather very slow. The struggle of the Mustim League was primarily meant to achieve constitutional safeguard. The preceding analysis also helps us to understand some of the problems posed for political development in Pakistan. It also enables us to measure the level and the nature of political and constitutienal development during the formative period of Pakistan and to determine that relationship between political, constitutional and administrative development NOTES AND REFERENCES "300. Johari. dndian Government aud Polities. (Delhi: Vishal Publication, 1989) v.25, * See J.C. Johri, op. cit. pp. 39-44, * Reginald C. Coupland, The Indian Problem. Vol. 2 (London: Oxtord University Press, 1944). p, 35. “4.C Johari. op. cit.. p. 27, Percival Spear. The Oxford Hixtory of Modern India. (Oxford: Oxtord University press, 1965). p. 91 ° These Acts kept on increasing the authority of company and control of Crown. simultaneously 7 Raini Kolary. Politics irr india, (Delhi: Orient Longman, 1985). p. 73, * See Montagu-Chelmyford Reforms, Known as the Act of 1919. p. 31. Sir Bartle Frere, a member of the Executive Council of the Governor-General said in 1861: "The terrible events of the Mutiny brought homs to English men mind the dangers arising from the entire exclusion of Indians from association with the legislation." ” For a detailed reference see Reginald C. Coupland, ap. cit '° 4. C. Johari, op. cit, p. 34. "Percival Spear. India, Pakistan and the West, (Oxtord University Press. 1949). p. 149. "? See 3. C, Johari, op. cit., pp. 29-30 ‘3 “The destinies of ow Indian Empire are covered with thick darkness. It may be that the public mind of India may expand under our system till it has outgrown that system, that by good government we may educate our subjects into a capacity for better government: that having become instructed in European knowledge they may. in some future age, demand Luropean institutions. Whether such a day will ever come, 1 know not, But never will | attempt to avert or retard it, Whenever it comes. it will be the proudest day in inglish history.” Speech delivered in the House of Commons on July 10. 1833, on the India Bill, 1833. Quoted in Hamid Yusuf. op. cit. p. 3 'S The English language is considered to be the primary reason lor the ctacrgence of Indian National Movement 'S Pereival Spear. op. cif.. p. 291 '© These laws were based on discrimination against the loca! people: “3.C Johari, op. cir. p. 29. '* Fora detailed reference see Reginald C. Coupland. op cit. '° For a detailed study of social transformation see S. M, Naseem and Khalid Nadvi (eds.), The Post- Colonial State and Social Change in India and Pakistan. (Karachi: Oxford University Press, 2002) ?° Percival Spear. op. cit.. p. 42 2" Fora detailed reference see Reginald C. Coupland, ep. cit B See Hamid Yusut. op. cit, p. 25 * Quoted in 1. C, fohri, op. cit. trom W. We Hunter. Sie adian Mussedmens. (Calo The Comrade Publishers. \945), p. 161 Syed Sibte Hasan. The Battle of ldeay in Pakistan. (Lahore: Pakistan publishing House, 1986). p. 143. MR. tlassan, Judian Politics ane Britisty Right 1914-1922 Vearachi: Awan fi Mahaz, 1986), p. 121 we 3 lid. p. 546 2” Reginald C. Coupland. op. cit.. p. 26 SKB. Sayeed. Pakistan The Borunative Phase INS7-1948, (Oxiord University 344968) pp 13-4 "MR. Hassan op cit. p. 149. * Ibid, pp. 143-07. * See the Preamble to the Montagu-Chelinsford Report. * J. A. Hobson, op. vit., It was confessed in the Proposals of the Government of India and Dispatch of the Secretary of State (198) that "the avowed purpose of these changes, however, was not to train Indians in the self-government, but simply to enable the Government the better to realize the wants. the sentiments, of the governed. on the other hand to give the governed a bet of understanding. as oveass case for the Government against the misrepresentation of ignorance and m **

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