BY
ABDUL AZIZ UQAILI
JANUARY 23, 2010
1
Writea short note on any One of the
following:
Salient provisions of 1935 Act and their
impact on constitution making in
Pakistan. (1994)
2
TheAct contained 32 sections and 10
schedules:
Part I pertained to Provincial subjects while
Part II related to Federation / Federal Govt.
TheAct enforced on 01-04-1937 (Except for
part II)
Part
II (dealing with All India Federation) was
conditional upon accession of a certain
number of princely states to the Federation.
That did not happen till WW II (1939-45).
Therefore, it was not implemented.
3
4
Federationof India comprising of both
provinces and ‘states’ provided
Provinces made separate legal entities for
the first time – India divided into 11
provinces and Provincial Autonomy granted
“Dyarchy” was completely eliminated –
Single cabinet on British pattern and
Governor normally acted on its advice
5
Three lists of subjects:
Federal (exclusive jurisdiction of Central Govt.)
Provincial (exclusive jurisdiction of Provincial
Govts.)
Concurrent (parallel jurisdiction of both Central &
Provincial Governments)
Everyprovince was given a Council of
Ministers - advice was binding on
Governors (except when he exercised his
“individual judgment”)
6
Thedivision of financial resources designed to
strengthen provincial independence
Sindh& Orissa separated from Bombay & Bihar
respectively – made an independent province
NWFP invested with full powers of a province –
first time
Provincial
franchise was further enlarged by
lowering property qualifications
7
Bicameral legislature at Centre – members
to be elected indirectly by Provincial
Assemblies
Direct elections for Council of State
Communal / separate electorate to be
continued / allocation of seats
8
Dyarchy was introduced at the Centre
Defence, Finance and Foreign Affairs
‘reserved’ for Governor General
On these matters, the GG to act on advice of
his three advisors to be appointed by and
responsible to him
9
The first Parliamentary Constitution of British India
Itprovided for establishment of Legislative and
Executive organs of the state on British Style –
albeit at Provincial Level
FederalSystem introduced – limited Provincial
autonomy
Prominence given to British representatives and
controlled representative governments introduced
It was a viceregal system for all practical purposes
10
11
“Between 1937 and 1947 the Congress policies
were such as to make Pakistan inevitable.”
Discuss. (2004)
Examine the nature of Congress rule in the
Provinces under the Government of India Act,
1935. What was its impact on the Muslim
Politics?(2003)
Do you agree with Sir Reginald Coupland’s view
that Congress’s ‘totalitarian mentality’ and the
attempt to coerce the Muslim League failed and
the reaction of Jinnah and his followers
constituted an historic turning point in the
course of Indian politics? (1993)
12
Around 2½ years (July 1937 to October 1939)
period extremely crucial in the history of
Hindu Muslim relations
Congressruled in eight (8) out of nine (9)
provinces of India
Thereigns of power came into the hands of
Congress / Hindu majority – this opened a
new chapter in more ways than one:
First time ‘responsible’ govts. were installed in
provinces;
First time Congress tasted the heady wine of power;
First time Muslims experienced and realized what
this meant to them!
13
Muslims were convinced that
‘administrative guarantees’ and
‘constitutional safeguards’ were not
effective for their protection in Hindu Raj
L.S.Amery, Secretary of State for India,
believed that ‘it was the conduct of
Congress ministries that had driven the
Muslims to separation and to demand a
separate state’.
14
Congress obtained greater success in 1937
elections as compared to AIML
In
provinces with comfortable position /
majority Congress was rigid
When Muslims asked for Coalition with AIML,
they desired ML to merge with Congress
15
Provincial Governments / Political Parties:
Purely Congress Government provinces: UP, CP,
Madras, Bombay, Bihar, NWFP – all resigned after
outbreak of WW-II (1939-45) in ---- 1939
Other Congress Coalition provinces: Orissa, Assam
Other provinces / parties: Bengal (AIML coalition),
The Punjab (Coalition not AIML), Sindh
(independents coalition)
16
17
Congress alienated Muslims and
adopted such policies directly
injurious to their social, political
and religious sensitivities.
18
Congress sponsored abolition of ‘Zamindari Bill’
in UP but it opposed similar legislation in
Bengal (when sponsored by ML). Why?
In UP over 25% landlords were Muslims and almost
all cultivators were Hindus but in Bengal majority of
landlords were Hindus and Muslim cultivators
In Punjab legislation regarding Money lenders
(to fix maximum interest rates and to restrict
their operations) was introduced to benefit
cultivators (mostly Muslims).
It was opposed by Congress. Hindu press labeled
the enactment as ‘Black Laws’.
19
Muslims were alienated from power corridors. In
UP, newly recruited personnel were almost entirely
Hindus. ‘Merit principle’ to the detriment of
Muslims adopted.
Band-e-Matram controversy further accentuated
when Congress insisted on beginning the day with
its recitation [the song was a war cry against
Muslims during Sanyasi rebellion in Bengal (1770). It
affected Muslim feelings. Published in a Bengali
novel Anandamutha by Bankim Chander Chatterji]
Although Jawaharlal Nehru upheld the Muslim argument –
Congress brushed aside the opposition of Muslims
20
Introduction of Hindi
Urdu remained employed as court language since
1825 over greater part of Northern India
Congress introduced highly artificial form
Sankskrit-Hindi – they even ignored Gandhi’s
compromise formula of Hindustani (blend of
Hindi and Urdu)
For Muslims elimination of Urdu from courts was
a step towards annihilation of their cultural
inheritance
21
Three colored flag:
Congress started hoisting its flag on all
official and non-official buildings. Muslims
did not feel it as their representative. They
reacted adversely.
Prohibition on cow slaughter:
Criminal laws enacted to punish defiant.
22
Liaison Campaign of Nehru: Pandit
Jawahirlal launched a Muslim mass contact
movement to converting Muslims into
Congressites. His attempts to aware Muslims
of the modern concepts of nationalism came
to nullity.
Widdiya Mandir Education Scheme (aimed
at propagating Hinduism) introduced to
deviate Muslim students from their religion
23
Discrimination towards Muslim Officers:
Few Muslims employed in higher positions of
public service were discriminated – their
tenures curtailed and influence minimized
Dr. Kadre, ex-Premier of CP, conceded in a press
interview that his cabinet had opposed
confirmation of a District Officer only because he
was a Muslim!
24
ThePirpur Report – AIML appointed 8 member
committee published in Nov. 1938 to highlight
Congress excesses in 7 provinces
Fazl-ul-HaqReport (Dec. 1939) – a pamphlet on
Muslim sufferings e.g. forbidding azan, attacks
on mosques, etc. Described Congress Rule as an
attempt to create ‘Hindu Raj’
Dayof Deliverance: Congress resigned from
ministries soon after the outbreak of WW-II in
Nov. 1939 – Muslims observed Day of Deliverance
25
These narrow minded policies and immature
actions of Congress ministries rejected the idea
of co-existence and co-operation among the
various communities in India
Muslims reaction to the end of Congress
Ministries (October 1939) was indicative of their
discomfort and ill feelings – Jinnah called upon
Muslims to observe a “Day of Deliverance” to
mark the end of tyranny and oppression.
By then it was commonplace to connect congress
rule with emergence of the idea of Pakistan.
26
27
Can the Lahore Resolution be termed as
the 'Magna Carta' of Pakistan? Take a
position and support your argument by
historical facts, If any. (2011)
Analysethe significance of Lahore
Resolution in the history of freedom
movement. (2000)
28
Beginningof a decisive phase when Muslims
vowed to part ways with Congress (which
advocated modern nationalism and
secularism) intending to keep them under
perpetual bondage.
The demand of a separate homeland was
fulfillment of their aspirations to preserve
their religion, history, cultural heritage and
value system.
29
Towards the end of 1930s (1938-40) ML
underwent a radical policy change towards
constitutional issues regarding provinces and
centre in the light of the experience of
Congress Rule, particularly in Hindu majority
provinces
Jinnah was authorized by ML in its annual
session at Patna (Dec. 1938) to explore
suitable alternative to completely safeguard
the interests of Muslims and other minorities
in India.
30
Now they did not talk of Indian Federation
but of ‘self determination’.
Sofar Muslim separatism had been floating
but without a concrete shape. Iqbal had
floated an idea and continued discourse with
Jinnah. Rahmat Ali was consistent but less
equipped. ML formally made it a demand on
23-03-1940 and then effectively pursued it.
31
AIMLdecided that Federal system under Act
of 1935 was not acceptable to them
Norevised constitutional plan was acceptable
to Muslims unless framed with their consent
A separate homeland for Muslims demanded
Protection minorities
32
Theresolution was moved by Ch. Fazlul Haq,
Chief Minister Bengal and seconded by Ch.
Khaliquzzaman and others
The resolution states:
“no constitutional plan would be workable in the
country or 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 … that
areas in which the Muslims are numerically in a
majority, as in the north western and eastern zones
of India should be grouped to constitute
‘Independent States’ in which constituent units shall
be autonomous and sovereign”.
33
Noconstitutional plan would be workable
acceptable to the Muslims
unless
Geographicallycontiguous units are
demarcated into regions
Areas in which the Muslims are numerically
in a majority, as in the north western and
eastern zones of India should be
Grouped to constitute ‘Independent States’
Constituent units shall be autonomous and
sovereign”.
34
Clearlyexplained the basic concept of the
resolution
The Muslims of India stood for the freedom
of India – but freedom should be for all not
only a section of people (referring Hindus)
TheMuslims are taken for granted
mistakenly as a minority – they are not,
they are a ‘nation’ by any definition.
35
Theproblem of India is not of inter-
communal character but of inter-national
nature – it must be traced as such.
Hindus and Muslims are two different
civilizations, mainly based on conflicting
concepts, ideas and value systems. To yoke
them together under a single state must
lead to a growing discontent and final
destruction.
36
Critics found it no solution to ‘minority’ problem:
There arose an objection within Muslims circles and
without that creation of a Muslim state would not solve
minority problem as substantial minority would still be
living in India under Hindu domination.
The resolution proposed effective and mandatory
safeguards in the constitution for protection of religious,
cultural, political, economic, administrative rights of
minorities in consultation with them [Hindu / Sikh
minorities in the Muslim state and Muslim minorities in
rest of the India]
Protection Muslims of India on the basis of “mutual
retaliation” – Muslim state to respect and protect their
minorities for seeking similar treatment from Indian
state.
37
Complete Separation demanded:
The resolution authorized a ‘Working Committee’
to frame a scheme of constitution in accordance
with the basic principles of the resolution,
providing for final assumption of all powers such
as defence, external affairs, communication, and
such other matters as may be necessary.
38
Theresolution did not mention word
‘Pakistan’ but the Muslim state was implied
Theresolution mentioned establishment of
Muslim States which were to be sovereign
and autonomous
Theword ‘states’ was replaced by ‘state’ in
1946 (Few Bengali ML leaders opposed it but
Jinnah did not pay heed to their arguments)
39
Theresolution was a clarion call and a
morning star in the 200 years darkness /
slavery of Muslims of India
The individuals / groups who were roaming
aimlessly in the desert of despondency /
hopelessness took form of a caravan and
started marching towards its destination
under the leadership of capable, brave and
upright leader – Quaid-e-Azam Mohammad
Ali Jinnah.
40
41
Evaluate the policies of the Cripps
Mission. To what extent were these
policies favourable for the Muslims of the
sub-continent? (2000)
Writenotes on any TWO of the following:
(b) Cripps Mission
42
WW II (1939-45) was rapidly reaching India’s
boarders by 1940 – British position weak
August 1940 Offer by Viceroy Lord Linlithgow, not
offering national govt., was rejected by Congress
Gandhi launched Civil Disobedience Movement in
Oct. 1940 but ML did not participate
By March 1942, Japanese advanced in Burma and
captured Singapore – Hence, Sir Stafford Cripps,
Leader of House of Commons sent with a draft
declaration of the British Government for discussion
with Indians to seek their cooperation in the war
Cripps Proposals (published on 30-03-1942) were a
bare skeleton of the constitutional formula
requiring a lot of filling in
43
Proposed Policies After the War:
Elevation of India to the Dominion Status on cessation of
the hostilities
Constitution of the Dominion to be drawn by a
Constituent Assembly - elected by members of Provincial
Assemblies [on proportional representation basis]
Right of secession given to the provinces – condition:
60% votes of the Provincial Assembly were essential for
such a venture
The non-acceding states (who do not accede to the
Dominion and want to secede) could form a Union
of their own provided they were geographically
contiguous
44
Proposals for Immediate Future:
A composite cabinet (Congress – League) within
the existing constitution [Government of India
Act, 1935] Defence and External Affairs were
to remain with the British
Efforts were to be made for the effective
representation of the Indian leaders in their
Councils, and that of Commonwealth and United
Nations.
45
Condition:
The proposals were to be
accepted or rejected completely and no
amendments were possible.
46
47
Highly
mischievous formula as Muslims were
expected to join in deliberations for making
a Constitution of United India, while in 1940
they had already demanded a separate
homeland
Separateelectorate was not provided in the
process of elections
48
The condition of at least 60% votes of a
Provincial Legislature for ‘non-accession’ was
virtually impossible in case of Bengal and
Punjab [Muslim majority in these Assemblies was
54% and 57% respectively]
A Union of non-acceding provinces was provided
but the condition of being contiguous to each
excluded the possibility of Pakistan comprising
of north western and eastern provinces.
For these reasons ML rejected the proposals
49
The main clause of ‘non-accession’ of provinces
opened the day for partition of India into at least
two and possibly many more separate political
entities – this could not be accepted by Congress.
Congress considered it a death blow to the Indian
unity.
The Intermediate arrangement of a composite
cabinet within the existing constitution (meaning
thereby control of defence by the British) was not
accepted by Congress – they wanted full control
over army of India.
50
CONGRESS
Congress launched “Quit India Movement”
(demanding withdrawal of British power from
India) to exert pressure on the British – non
violent movement on mass scale
AIML:
Jinnah’s response was rather political – he did
not believe in violence and disapproved the
Movement launched by the Congress – he
demanded the British to “Divide and Quit”
51
Though ML rejected the Proposals but fact
remains that within two years of the Lahore
Resolution the British had officially and publicly
accepted the spirit of Muslim nationalism and
agreed to the political manifestation of Pakistan
It gave Muslims / ML confidence and courage
However, it made Muslims cautious about the
British designs as well – Cripps Proposals though
conceded to the concept of Muslim demand yet
attempted to deny the creation of Pakistan [60%
voting clause and condition of province to be
contiguous for a union]
52
The British Government was busy in war and
Congress leaders were in jail (due to Quit
India Movement) the ML gained strength and
became undisputed representative political
party of Muslims – all other parties receded in
background
Henceforth,Jinnah exercised unprecedented
sway over the Muslim masses
53
54
Theproposals of “Cabinet Mission”
(1946) could defer the establishment of
Pakistan, if accepted by Muslim
League. Evaluate critically. (2008)
55
A device of British imperialism to reconcile
the irreconcilable and a design of double
standards
Itwas in fact Machiavellian design to bury the
concept of Pakistan under the debris of Indian
nationalism and united India
Exigency of the time: The landslide victory of
the ML in 1945-46 elections and growing rift
between Congress and ML made it crucial for
the British to find a solution to the political
deadlock between the two political forces
56
The British Government sent a Special Mission
of Cabinet Ministers in order to make ground
for framing of the constitution. The mission
included:
Lord Lawrence, the Secretary of State for India
Sir Stafford Cripps, President of the Board of Trade
A.V. Alexander, the First Lord of Admiralty
57
THE PLAN – SALIENT FEATURES:
The objective was to find a via media and to
secure agreement on a form of government
that could at once secure the essence of ML
demand and to maintain the unity of India.
The Mission ruled out the possibility of a
sovereign Pakistan as envisaged by Muslims
Failed to develop a ‘consensus formula’,
therefore, the Mission suggested:
58
59
Long Term:
CONSTITUTION MAKING
Immediate:
INTERIM GOVERNMENT
60
A loose Indian Union (Federation)
Three tiers:
Provinces (basic units / primary tiers);
Sections / Group of Provinces (intermediate
position); and
The Centre (All India Union)
61
The Groups of Provinces:
Group A: Hindu majority group – UP, CP, Bombay,
Madras, Bihar, Orissa (6)
Group B: N-W Muslim majority group – Punjab, Sindh,
NWFP, Balochistan (4)
Group C: N-E Muslim majority group – Bengal and
Assam (2)
Loose Federation (with Executive and
Legislature) controlling:
defence, communications and foreign affairs only
Butactual distribution of powers to be
decided by a Constituent Assembly
62
An interim govt. was to be established
at the centre
CONDITION:
Bothparts of the plan – the constitution
making and interim govt. – were to be
accepted or rejected as a whole
Partial
acceptance of the plan was not
permitted!
63
Initially,
AIML accepted the Plan and was
willing to sit in the interim government at
centre. WHY?
Acceptance by ML bewildered Congress and
some AIML members as apparently the Plan
denied partition and aimed at Union Govt.
AIML believed that the foundation of Pakistan was
inherent in the Plan!
Intention was to convert two Muslim groups into
an independent state within a decade [critical]
64
When AIML was not invited to form Interim
Govt. [the Congress had partially accepted and
partially rejected the Plan – objected the interim
govt. in which more seats were given to minorities
than their due share] AIML revoked its decision
through a resolution
On16-08-1946 AIML provoked the Muslim
nation for ‘Direct Action’ to achieve
Pakistan
65
Congressaccepted the first part of the
proposal regarding Union and Grouping while
Refused participation in the interim govt.
Why?
It objected to the distribution of seats in the
cabinet
Congress 6, ML 5, Sikh League 1, Christians 1, Parsi
Was it politically wise decision?
66
Congress
accepted first part of Constitution
making with certain condition as:
The Plan apparently ruled out creation of Pakistan
Congress intended to turn Constituent Assembly
into a sovereign body (like British Parliament) and
sweep away grouping clause.
Congress also assumed that the interpretation of
the Constitution would extend powers of the
Central Government in due course (as happened in
case of USA)
67
Congress refused to join Interim Central
Government and conditionally accepted the
constitution making part
Recall: the main condition of the Plan to accept
or reject it in toto
The Mission, due to refusal of Congress to
join Interim Govt., ignored AIML offer
(despite ‘promise’ to go ahead) declared
failure of the project (of govt. formation)
68
AIMLregistered its protest and declared
‘Direct Action’ on 16th August 1946
Thisprompted Congress to again accept
the plan
Thisprocess of shifting the tendencies
finally failed the Mission
AbulKalam Azad, President of Congress,
categorically blamed Jawaharlal Nehru for
disrupting the Union of India by killing the
Cabinet Mission Plan
69
70
In March 1947 Lord Wavell was recalled and
replaced by Lord Mountbatten
By April 1947, Mountbatten concluded that
partition was inevitable
Widespread Hindu-Muslim fighting, Congress-
AIML rift in the shaky Interim Central Govt.
Hindu claims of sovereignty of Constituent
Assembly and Muslim insistence of Pakistan
necessitated ‘Surgical Operation’!
71
Partition plan announced on 03-06-1947
Though accepted by all parties but it is
paradoxical to state that it met aspirations
of both Hindus and Muslims
Muslims / AIML were not displeased but they
did not like the division of Bengal and Punjab
72
73
Yellow Color =
Princely States
74
Provincial Legislative Assemblies to meet in
two parts:
Representing Muslim majority districts
The rest of the province (Hindu / other minorities)
Two
Assemblies (four parts) to decide
whether or not the province be partitioned:
If simple majority of either part of a province
votes for partition the division of the province
would take place (highly partial decision!!)
Each part would decide which Constituent
Assembly (existing or new) it would join
Boundaries of the two parts be provisional
until decision of the Boundaries Commission
75
If Punjab decides for partition
A referendum would be held in NWFP to
determine which Constituent Assembly it
would join!
Why contingent upon Punjab?
Why referendum in NWFP? Why not vote
from the Assembly?
76
If Bengal decides for partition
A referendum would be held in Sylhet, a
predominantly Muslim district in Assam,
to determine whether it would join East
Bengal
77
TheProvincial Assembly of Sindh to
decide which Constituent Assembly it
would prefer to join
Likewise,means were also taken to
ascertain wishes of British Balochistan
78
Agreements with the tribes were to be
negotiated by the appropriate successor
(India / Pakistan)
Princely States
The
position of Indian states would
remain unchanged.
79
TheBritish gave up their suzerainty of the
princely states
The states were free to choose whether to
join one of the newly independent countries
of India and Pakistan
Most of the states then decided to accede to India
or to Pakistan
Few states remained independent but later
annexed by India, such as Junagadh, Hyderabad,
Bhopal, etc.
Later on, Pakistan included Khairpur, Bahawalpur,
and eight (8) other states in respective provinces
80
Theviceroy, Lord Mountbatten, called
meeting of seven (7) leaders – Nehru,
Patel, Kriplani, Jinnah, Liaquat, Nishter
and Baldev Singh on 02-06-1947.
Though reluctantly but all leaders accepted
the plan.
August 15, 1947, was fixed as the date for
partition and independence of India
81
CongressCommittee held a meeting and on
14th June accepted the plan
However,
on 14-08-1947, All India Congress
Committee asserted over the partition that:
“No human agency can change the fate /
geography of India”
“When present passions (hinting towards Muslims)
subside India’s problems will be viewed in their
proper perspective and the fate of false doctrine
of Two-Nation Theory will be discarded by all”
AbulKalam Azad termed it a short lived
partition
82
IfCongress opposed the partition, why did it
accept the plan?
Congress believed, in view of fast changing
circumstance and Hindu Muslim mistrust /
rift, that:
If it did not agree to AIML demand (of Pakistan)
British Government was not likely to transfer
power according to their wishes
The country could face serious political crisis.
83
On10-06-1947 AIML Council met at New
Delhi and reluctantly agreed to the plan.
Why?
As a whole AIML did not like the partition of
Bengal and Punjab
But Jinnah was authorized to accept the plan
‘as a compromise’ – thus he gave assent in
writing
84
85
To what extent this complaint of the Pakistanis is
genuine that Mountbatten had changed the original
Radcliffe Boundary Award. Is it true to say that the
Pakistani hypothesis is substantiated with the
releases of confidential documents of the British
Government. (1998)
Write explanatory notes on any TWO of the
following:(b) Radcliffe Award (1997)
‘Radcliffe’s Boundary Award was an unjust,
incomprehensible and even perverse Award”.
Comment. (1995)
Examine the Radcliffe Award and discuss its
repercussions on the Indo-Pak relations. (1990)
86
Sir Cyril Radcliffe, a leading English Barrister,
made Chairman of Boundary Commission of
Punjab and Bengal, to demarcate boundaries
of the new states
[Critical]
Radcliffe had never visited India, let alone
served here, and did not posses even the basic
understanding of Indian demography or cultures
He was given only three weeks to do the gigantic
task
87
BothIndia and Pakistan had claims over
Calcutta (being economically important)
Viceroy
gave it to India (stating that only 25%
Muslim population lived there)
British Governor’s proposal to make it a free port
(to be used by both the Dominions) was rejected
Radcliffe’sdecision to award Muslim majority
district of Murshidabad and a portion of tehsil
Nadia to India was in direct violation of
partition plan
88
Muslimmajority districts of Gurdaspur* and
Batala were given to East Punjab
Provided India a road link to Jammu and Kashmir –
created new political dilemma and a bone of
contention between the two states
Similarly,
Muslim majority Tehsils Ajnala (in
Amritsar district), Nakodar, Julludur, Zira
and Ferozepore* also went to India
* Most important! How?
89
These demarcations in favour of India gave
her access to Kashmir & control over
irrigation systems headworks, making
Pakistan dependent on India
Kashmir Issue still alive since 1947!
1948 Serious (India made) Water Crisis!
1961 Indus Basin Treaty (thrust upon Pakistan
due to this unjust distribution)
Ironically,
not a single Hindu majority area
was assigned to Pakistan
90
ML/ Muslim contend that the award was
deliberately dishonest
Large solidly Muslim areas were given to India
– e.g.
Gurdaspur was given to India to give her access
to Kashmir
Ferozpur was kept in India enabling her to
control Pakistani waters
91
The Mountbatten Plan although met the basic
demand of the Muslims / AIML for creation of
Pakistan but in the process extended favours to
India in all possible ways
Thedivision of Muslim majority Bengal and
Punjab provinces was to oblige Congress
Biaseddemarcations by Radcliffe gave India
strategic access to Jammu and Kashmir and
control over irrigation headworks in East Punjab
Both these decisions put India in a very strong
position vis-à-vis Pakistan.
92