The Congress Ministries-- Policies towards Muslims

Topics:
1. Elections
2. Provincial Governments
3. Their Policies
4. Muslim Response

Government of India Act, 1935:
The Government of India Act, 1935 was not fully promulgated but the only provincial part was introduced in the country. Muslim League and the Congress criticized it but agreed to contest provincial elections.

The 1937 Elections:
The elections of 1937 were held with the restricted franchise and separate electorate. The Congress projected itself as an all-India force representing all religions and factions of the society. The Muslim League contested for the Muslim seats. There was a tough competition from the other Muslim organizations. The elections were completed in February 1937. The Congress got majorities in five provinces, Madras, U.P., C.P., Bihar, and Orissa. It emerged as the largest party in Bombay and won 704 out of 1585 general seats.
The Muslim League performed poorly in the elections and got only about 21 percent of Muslim seats without winning majority anywhere, Bengal, Punjab, NWFP, and Sind. It was mostly due to the organizational problems and opposition by local Muslim groups.

Formation of Provincial Governments:
In July 1937, Congress formed governments in 6 provinces. In NWFP, Khudai Khidmatgar and Congress formed a coalition government. In the Muslim majority provinces, the Muslim League could not form the governments. The Muslim League desired to be in government in the U.P. but the Congress consented to a conditional support:

1. Dissolve AIML Parliamentary Board
2. AIML members not to function as a separate group
3. AIML members to express allegiance to the Congress
Definitely the above-mentioned terms were a device to subvert the existence of the Muslim
League. Therefore, no agreement was possible on this issue.

Policies of the Congress Governments: (July 1937-Nov. 1939)
First all Congress governments in the provinces launched anti-Muslim drive basically to exclude the ML and other Muslim organizations from the government making process. The Congress leaders had come to know that the ML had got roots in the masses. They started ‘Muslim Mass Contact’ movement to defame the ML in their favour. They were making cultural and educational policies that promoted the Hindu culture and symbols in the name of Indian culture. They introduced Banda-Mataram anthem from Annandmath in the institutions and offices etc. The Hindi language was given top most importance in their policies. Wardha Educational Scheme was to convert Muslims into Hindus through primary educational literature. Projection of Hindu heroes like Gandhi and distortion of Muslim history became their moral creed. They followed the policy of discrimination in services or new recruitment for jobs.

The Congress ministries adopted overall negative and cruel attitude, especially towards the Muslim activists. This unjust treatment compelled the Muslims to be disciplined in every sphere of life.

Muslim Response:

The Muslims were well aware of the theocratic inclination of the Hindu people. They arranged a close monitoring of the government. They publicized their policies and raised the issues. The mobilization of Muslims on these matters required keen probe to collect the original facts of the Hindu atrocities.

The Pirpur Report:

On March 28, 1938, the Council of ML appointed an eight-member committee under the presidentship of Raja Syed Muhammad Mehdi of Pirpur that presented its report on, November
15, 1938. It tried to dig out the cruelties of the Congress ministries in seven provinces. The report took up the Congress support to the rival Muslim organizations, intimidation and threats to the pro-Muslim League people.


The Sharif Report, March 1939

The ML deputed Mr. Shareef with members to investigate the injustices under the dictatorial rule of the Hindus. This report mainly collected the facts, concentrating on ill treatment of the government with the Muslims in Bihar.

The Fazl-ul- Haq Report: (December 1939)

A. K. Fazl-ul-Haq published a pamphlet entitled Muslim Sufferings Under the Rule of Congress and made many alarming revelations e.g. forbidding of Azan, attacks in mosques, noisy processions of the Hindu scoundrels, forbidding of the cow-slaughter etc. This pamphlet responded the indictments by the Congress on the Muslims.

All the reports described the Congress government as an attempt to create ‘Hindu Raj’ that wanted to overwhelm the Muslim culture and their identity. It was a rigorous threat to the Muslims’ interests.

Muslim League Activism:

The Muslim League highlighted the issues and mobilized the Muslims to counter them adequately. It reorganized the Muslim community to cope with the situation. The ML arranged its session at Lucknow in October 1937. Many prominent leaders like Fazlul Haq participated in the session while Sikander Hayat and Saadullah announced their support to the ML.

The Muslim leaders shed a sharp criticism on the Congress policies. They protested against the reduction of status of Urdu and other Muslim related issues. They created realization, amongst the Muslims, of what can happen under the Congress rule and urged for serious thinking about the future political and constitutional arrangements. They unearthed the real objectives of the Congress and urged the need of unity among the Muslims under the banner of Muslim League.

The Second World War (September 1939) proved blessing for the Muslims in a sense that the Congress Ministries resigned in November 1939. The Muslims observed Day of Deliverance on December 22, 1939.

The ML redefined its position during the World War II. They expressed their enthusiasm that no constitution to be enforced without the consent of the Muslims. They eradicated their organizational weaknesses and refined their objectives keeping the experiences of the Congress ministries.

The Lahore Resolution, 1940

The experience of Congress Rule compelled the Muslims to launch the movement for separate homeland. The Hindus made them realize that Hindu government would mean an anti-Muslim rule in India. The Muslims’ disappointment from the Congress leadership decided to open a new phase of history. Quaid-i-Azam’s article in Time and Tide concluded that Muslims are a nation. No Constitution can be enforced by ignoring Muslims. His comments on March 13, 1940 are remarkable: “If some satisfactory settlement cannot be found for Muslims in united India, the Muslim will have to demand for division of the country.”

The Lahore Resolution:
The Muslim League held its annual session at Lahore on 22-24 March 1940. The Lahore Resolution was moved by Maulvi Fazlul Haq and seconded by Ch. Khaliquzzaman that finally approved on March 24, 1940. Jinnah rightly expressed his valuable remarks about the political circumstances of India and the Muslims stand. He said:

“Indian problem is not communal but international. No Constitution can work without recognizing this reality. Muslims of India will not accept a constitution that establishes a government of the Hindu majority on them. If Hindus and Muslims are placed under one democratic system, this would mean Hindu Raj.”

Text of the Resolution:

• They decided that the Federal system under Government of India Act, 1935 was not acceptable for the Muslims.
• No revised constitutional plan would be acceptable unless it was framed with their approval and consent.
• Adjacent units where Muslims are in a majority, as in Northwest and East, should be constituted as Independent States where the constituent units will be autonomous and sovereign.
• Protection of minorities would be given priority.

Significance:

This Resolution did not specify any demarcation of the territory but it defined the future plan of struggle for the establishment of the Muslims states (later the word ‘states’ was replaced by
‘state’ in 1946) in the Northwestern and Eastern areas where the Muslims were in overwhelming majority. It also intended to give importance to the autonomy of the states. There was no use of the word Pakistan but Pakistan was kernel of the Resolution.


Later Developments:

The World War II started in 1939 that required heavily men powered battlefield. The British who always believe in bargaining announced an offer in August 1940:

1. Expansion of the Viceroy’s Executive Coucil and the setting up of National Defence
Council
2. Special importance to the views of minorities in the revision of the constitution.
3. Power could not be transferred under a system that will not be acceptable to large and powerful minorities in India.
4. Dominion Status: the ultimate goal
5. Cooperation of Indians for the war

Congress rejected it and started Non-Cooperation movement 1940-41. Lahore Resolution remained the ultimate goal for the Muslim Leagues.

The Cripps Mission, March 1942

The constitutional proposals for seeking Indian cooperation for war efforts:

1. Dominion status
2. Indian constitutional body to frame constitution
3. Princely states would be represented.

The Cripps Mission negotiated with Indian leaders and issued the proposals. The Congress rejected the proposals and demanded that a responsible government would be set up immediately after the war. The defense affairs should be under the Indian control. The Muslim League also rejected the proposals and repeated its stand that the Muslims could not live in Indian Union.

The Hindus started Quit India Movement in August 1942 seeing British in trouble. The Muslim
League stayed aloof and responded by saying that divide and quit India.

Gandhi-Jinnah Talks, September 1944

MK Gandhi did not accept the Hindus and Muslims as Two Nations and emphasized on the freedom of united India. Jinnah told him that the Muslims could never budge even a single inch from their ideological and constitutional demand.

Major Political Developments in 1945-46

Political Situation in 1945

During the World War ll, the British sought Indian military cooperation and offered political and constitutional changes after the war. They desired to expand the Viceroy’s Executive Council.
Lord Wavell arranged Simla Conference during June-July 1945 in which all the political parties participated by sending their representatives. Jinnah and Abul Kalam Azad represented the Muslim League (ML) and the Congress respectively. Maulana Azad claimed Congress as sole representative party of all the peoples living in India. Jinnah considered the ML the only political party of the Indian Muslims and on this the ML had right to appoint Muslim members to the Council. This issue could not be dissolved and the differences between the ML and the Congress increased.

The Elections, 1945-46

Lord Wavell announced elections in August 1945. He visited England and after consultations he presented new political steps:

1. Self government with the cooperation of Indian leaders.
2. New Elections in the winter.
3. Provincial governments in the provinces
4. Constitutional Assembly to be convened. The basis of constitution making was to be settled.
5. Executive Council to be set up. It will have representation of major parties.

Elections:

The ML’s stand was very clear i.e. the ML is a sole representative of Muslims and Pakistan is its ultimate goal. The ML launched the massive campaign for these destinations. The Islamic slogans became massively popular. In this way, the struggle for the establishment of Pakistan was motivated on the basis of Islam. The role of students was also prominent during the political drive. On the other hand, the Congress put the slogan of independence from British in the shape of undivided India before the Hindu nation. They proclaimed that their stand was for all the Indian communities.
In December 1945 the elections of Central Legislature were held and the ML won all 30
Muslim seats. The Congress won 57 seats.

Provincial Elections: February 1946

In the provincial elections, the ML won most of the Muslim seats:

1. Punjab: 79 out of 86 Muslim seats
2. Bengal 113 out of 119 Muslim seats
3. Sindh 28 out of 35 Muslim seats
4. NWFP 17 out of 38 Muslim seats

The ML also showed an impressive performance in the Muslim minority provinces. The ML formed its ministry in Sind, Khudai Khidmatgar (Dr. Khan) in NWFP, coalition government by ML in Bengal, and Unionist (20), Akalis and the Congress in Punjab (Khizr Hayat Tiwana).

The Cabinet Mission: March 1946

The British Labour government sent a mission to formulate some acceptable constitutional settlement. Sir Pethick Lawrence, Stafford Cripps and A. V. Alexander deliberated with the governors, members of the Executive Council and then the Indian political leaders on different proposals. Maulana Azad as the president of the Congress stressed to establish federal government and Jinnah repeated the Two Nation Theory as a universal reality. On April 19, 1946, all the newly elected Muslim members pledged in the Delhi Convention to shatter the Hindu dream of united India. In the second Simla Conference (May 15, 1946) the ML wished two legislative assemblies while anti-ML political parties favoured strong centre.

Recommendations of the Cabinet Mission: May 1946

Indian Union comprising British India and princely states.

1. Centre to deal with foreign affairs, defence, communication, taxation.
2. Rest of the subjects with provinces.
3. There will be a legislature and executive comprising representatives of provinces and states.
4. No legislation on communal affairs if the majority of the two communities are not present and voting in favour.
5. Provinces will be divided into three groups:
A: Hindu majority provinces e.g. UP, CP, Madras, Bombay, Bihar, Orissa.
B: Muslim majority provinces in NW e.g. Punjab, NWFP, Balochistan and Sindh. C: Bengal and Assam.
6. Each group could decide what to be managed jointly and what should be managed by provinces themselves. They could decide if the group desired to frame constitution.
7. After ten years, a province by a vote of its legislature could ask for review of relationship with the Union. It implied that a group or province could quit the Indian Union.
8. CA to be elected by the elected members of the provincial assemblies. Seats to be divided into three categories: General, Muslim, and Sikh on the basis of population in provinces.
Separate Electorate.
9. Interim Government to be set up.

Muslim League Reaction:
The Muslim League reiterated its demand for Pakistan. It accepted the plan for two reasons: Basis and foundation of Pakistan was in the compulsory grouping and the right to ask for review.

Congress Reaction:
The Congress was critical of groupings and right to ask for review of constitutional relationship. It agreed to contest elections for the CA but declined to be bound by the proposals of the Cabinet Plan. The nonsensical stand of the Congress was that they were ‘free to make any change in the proposal.’ Definitely the ML was alarmed by the Congress’ intentions.

Interim Government:
Representation in the Interim Government became controversial on the question of who would nominate the Muslims representative. To put pressure on the government, the Congress refused to join the Interim Government and the British postponed it. The ML was disappointed by the British behaviour and decided to review its acceptance of the Cabinet Mission Plan.

Direct Action Day: August 16, 1946
The ML’s timely coercive political strategy brought the Congress on table with the British. The Interim Government was formed under Nehru on September 2, 1946 and the ML stayed away. They joined it on October 25, 1946:

• Liaquat Ali Khan
• Sardar Abdur-Rab Nishtar
• Raja Gazanfar Ali
• Chundrigar
• J. N. Mandal

There were a number of problems of smooth functioning of the Interim Government due to the
Muslim-Hindu differences.

Constituent Assembly:

CA (Constituent Assembly) was elected by the provincial assemblies in July 1946. ML won all Muslim seats except 5 while the Congress won all general seats except 9. The first session was held on December 9, 1946 and the ML boycotted it because the Congress wanted to frame the Constitution for United India. The ML demanded two constituent assemblies and showed its firmness on the demand for Pakistan. By the end of 1946, it had become clear that a constitution for united India could not be forced.
The Cabinet Mission Plan offered a possibility of a loose federation with an option to the Muslims to separate after ten years.

Towards Independence, 1947

Civil Disobedience Movements:

The ML decided to confront the political situation through the protesting means for the first time. The Congress had been working on these lines but the Muslim leaders considered politics a gentle man’s game. Now when the British government joined hands to oust the Muslims from the constitutional and moral position they decided to launch ‘Direct Action.’ The ML revised its decision rejecting the Cabinet Mission Plan. Direct Action Day (August 16, 1946) was a protest against the British policy of injustice towards the Muslims. The Hindu attacks transmuted the course of the protests and concluded huge life casualties. The Calcutta massacre convinced Lord Wavell to bridge the ML-Congress to some settlement.
Wavell tried to prepare Nehru and Gandhi to coordinate the ML. It was imperative to do because Muslim League (95% seats) refused to join the Legislative Assembly. Congress rejected all the possible offers even from the government. Churchill snubbed the Labour government on the Calcutta riots and the Viceroy requested Jinnah to join the Interim Government that Jinnah accepted. On October 25, 1946, the members of the Executive Council were finalized.

Punjab:
ML had bagged 79 out of 86 seats in Punjab but Khizr Hayat Tiwana formed his government with the help of Hindu and Sikh members (Unionist). The ML confronted this conspiracy and protested to restore the people’s will (Feb. 1947). The Punjab government dealt with the situation cruelly. Here the Muslim women played very outstanding role in the ML struggle. The Khizr Government resigned and Governor’s rule was imposed on March 2, 1947.

Assam:
Maulana Bhashani launched a movement against the ejection of Muslim peasants.

Announcement of February 20, 1947:
Prime Minister Attlee declared by June 1948, all power would be given to representatives. If no constitution was framed, the British Government will think whether the powers be given to provincial governments. In some areas or any other alternative that is in the interest of Indians. Mountbatten was appointed new Viceroy of India.

Mountbatten as Viceroy:
Mountbatten arrived in Delhi on March 22, 1947. The basic objective of his appointment was to wind up British rule. He arranged dialogue with the Indian leaders. Then he visited England for deliberations for new plan.

3rd June Plan:

• The British will not impose a constitution but the Constituent Assembly will frame a constitution.
• The constitution will not be imposed on the areas that do not accept it. Opinion will be sought from them if they want to set up a separate CA (Constituent Assembly).
• Punjab & Bengal Assemblies will meet in two parts, members from Muslim majority areas and other districts separately to decide if the province be partitioned.
• If any part decides for partition, each group will decide which CA they wish to join.
• Sind Assembly will decide about joining either side.
• Referendum in NWFP
• Balochistan: appropriate method
• Boundary Commission for Punjab and Bengal
• Princely states to decide for themselves keeping in view their geographical contiguity.

Indian Independence Act July 1947:

To give legal shape to the June 3 Plan, the Indian Independence Act was promulgated (July 1947).

• Two independent dominion states on August 15, 1947
• Their legislatures will have all powers to make laws for the respective states.
• Government of India Act, 1935, to be interim constitution subject to changes due to
Indian Independence Act 1947.
• Governor Generals can amend the Interim Constitution until March 31, 1948.
• All arrangements between the British and the Princely states to come to an end and they will have new arrangements with the new states.
• British King will no longer use the title of the King of India

The Partition Process: Punjab

• The Muslim members favoured joining new CA. the non-Muslims voted for partition and joining India.
• Bengal Muslims favoured joining new CA while non-Muslims favoured partitioning and joining India.
• Sindh The Assembly voted to join Pakistan.
• NWFP Referendum decided in favour of Pakistan while Dr. Khan’s govt. boycotted it after it became clear that it would lose.
• Balochistan Shahi Jirga and the non-official members of Quetta Municipal Committee opted for Pakistan.
• Sylhet Referendum was held to join East Bengal for joining Pakistan.

Governor General’s Issue:
Mountbatten wanted to be joint GG (Governor General) of India and Pakistan while ML decided to appoint Jinnah as the first Governor General of Pakistan in July.

Transfer of Power:
1st meeting of the Constituent Assembly was held on August 11, 1947 and the ceremonies on August 14. Radio announcement was made at midnight 14-15 Aug. Oath taking ceremony for GG (Governor General) and PM (Prime Minister) was held on August 15 1947.

Boundaries determined on August 17:
Boundaries Commission award declared many controversial decisions about certain areas like
Gurdaspur, Zira Tehsil etc, but the ML accepted it with protest.

Constitutional Development in British India

Following acts were introduced by the British government in India.

1. Indian Councils Act, 1861
2. Indian Councils Act, 1892
3. Government of India Act, 1909
4. Government of India Act, 1919
5. Government of India Act, 1935

End of East India Company’s Rule:
On August 2, 1858 British Parliament passed a law for complete takeover of all rights of the East India Company over India. Post of Secretary of State for India was created through the cabinet. The Secretary of State for India was empowered about government and revenues of India.
On November 1, 1858 Queen Victoria issued a proclamation for the assumption of control of India by the British Crown. Lord Canning, Governor General of India was given the title of “Viceroy.” He continued in office but not as the Company’s representative but direct representative of British Crown. Moreover armies of the Company came under British Control.

Indian Council Act, 1861
This act was the first legislation by the British government in India. Before that laws were promulgated by the East India Company.

According to this act:
Governor General could assign special tasks to any members of the Executive Council. Important matters were to be discussed with the Governor General. Some important subjects were kept directly under the Viceroy, e. g., Foreign Department.
Membership of the Council was raised: 6 to 12. Half of them were to be non-officials, nominated for two years.

The Council had limited legislative powers.
In Madras and Bombay Councils approval of the Governor General (GG) and Governor was needed. This act provided Indian representation by nomination.

Indian Council Act of 1892
By this act:

Size of Legislative Council increased.
In Central Legislative Council the membership was increased: 10 to 16 members.
At Provincial level representation was increased. In Madras & Bombay 8 to 12, Bengal 12 to 20. Limited powers were given to the legislatures. Questions could be asked.
Nominal elections through special interests were allowed. GG and the British government made these appointments.

Government of India Act, 1909 (Minto-Morley Reforms)
This act was another step towards giving Indians more representation in the Government. This act provided,

• Expansion of Legislative Councils
• Central: Additional members up to 60
• But official majority remained there.
• Provincial: Size varied in different provinces.
• Bombay, Madras, Bengal, UP: 50
• Non-official majority
• Not all the members were elected.
• Powers of the Councils were increased. Now
• Budget could be discussed. Members were allowed to present Resolutions and put up questions.
• Executive Councils were formed for Bombay, Madras and Bengal and Lt.
Governor Provinces.
• Elections were to be held by University Senate, District Boards, Municipal
Committees, Zamindars, and Chambers of Commerce.
• Separate Electorate was accepted for minorities.

Government of India Act, 1919 (Montagu-Chelmsford Reforms)

In the background of some significant developments between 1909-1919 like World War I- 1914-1918, political activity during Tehrik-i-Khilaphat, change in Muslim League objectives, Lucknow Pact 1916 etc., the British government announced that gradual induction of Indians in all branches of government would be done. Gradual introduction of responsible government would be done. Commissioned ranks of Army would be given to the Indians.
Mr. Montagu, Secretary of State visited India from November 1917 to April 1918 and discussed the constitutional matters with Viceroy Lord Chelmsford and the Indian political leaders. The outcome was the government of India Act 1919.

Salient Features, Government of India Act 1919
This act provided a bicameral legislature at the Centre, which consisted of two houses.
One was the Council of State with a membership of 60, out of which 34 were to be elected and
26 nominated official & nonofficial members. The Council’s tenure was fixed at 5 years.
Legislative Assembly was consisted of 145 members, out of whom 105 were elected and the rest would be nominated.
Direct elections were introduced with limited franchise on the basis of property, tax paying, previous experience of legislative councils, university senate, district councils, etc.
Separate Electorate for minorities.
Limited law making powers were assigned to the Legislature but for certain categories prior permission was required. It had no control over defense, foreign policy, budget etc. Legislature could refuse grants but GG could restore them.
Questions, Resolutions, Adjournment Motions were allowed.
G.G. remained a powerful office with all the executive, legislative powers with a nominated
Executive Council.
Two lists of subjects were given in the act, one was Central and the other was Provincial. Centre had overriding powers.

Provincial Legislative Councils
Membership increased. 70 percent were elected. They were having limited powers. They could reject budget but GG could restore it.

Diarchy System in the Provinces
The act introduced DIARCHY system in the provinces. According to the new arrangement subjects were divided into two categories i.e., Reserved subjects and Transferred subjects. Reserved subjects included judiciary, canal, land revenue, Finance, press, power, etc.

Transferred subjects included Local govt. education, public health. In case of a dispute, if something belonged to reserved or transferred side, the Governor was entitled to make the final decision.

Limited Responsible Government at the provincial level was introduced. The system of Diarchy was complicated.

The continuous tussle between the elected and nominated members created fear of breakdown of administration. GG had Control on key departments. Elective elements became strong in the legislatures.

Constitutional Development in British India

Following acts were introduced by the British government in India.

1. Indian Councils Act, 1861
2. Indian Councils Act, 1892
3. Government of India Act, 1909
4. Government of India Act, 1919
5. Government of India Act, 1935

End of East India Company’s Rule:
On August 2, 1858 British Parliament passed a law for complete takeover of all rights of the East India Company over India. Post of Secretary of State for India was created through the cabinet. The Secretary of State for India was empowered about government and revenues of India.
On November 1, 1858 Queen Victoria issued a proclamation for the assumption of control of India by the British Crown. Lord Canning, Governor General of India was given the title of “Viceroy.” He continued in office but not as the Company’s representative but direct representative of British Crown. Moreover armies of the Company came under British Control.

Indian Council Act, 1861
This act was the first legislation by the British government in India. Before that laws were promulgated by the East India Company.

According to this act:
Governor General could assign special tasks to any members of the Executive Council. Important matters were to be discussed with the Governor General. Some important subjects were kept directly under the Viceroy, e. g., Foreign Department.
Membership of the Council was raised: 6 to 12. Half of them were to be non-officials, nominated for two years.

The Council had limited legislative powers.
In Madras and Bombay Councils approval of the Governor General (GG) and Governor was needed. This act provided Indian representation by nomination.

Indian Council Act of 1892
By this act:

Size of Legislative Council increased.
In Central Legislative Council the membership was increased: 10 to 16 members.
At Provincial level representation was increased. In Madras & Bombay 8 to 12, Bengal 12 to 20. Limited powers were given to the legislatures. Questions could be asked.
Nominal elections through special interests were allowed. GG and the British government made these appointments.

Government of India Act, 1909 (Minto-Morley Reforms)
This act was another step towards giving Indians more representation in the Government. This act provided,

• Expansion of Legislative Councils
• Central: Additional members up to 60
• But official majority remained there.
• Provincial: Size varied in different provinces.
• Bombay, Madras, Bengal, UP: 50
• Non-official majority
• Not all the members were elected.
• Powers of the Councils were increased. Now
• Budget could be discussed. Members were allowed to present Resolutions and put up questions.
• Executive Councils were formed for Bombay, Madras and Bengal and Lt.
Governor Provinces.
• Elections were to be held by University Senate, District Boards, Municipal
Committees, Zamindars, and Chambers of Commerce.
• Separate Electorate was accepted for minorities.

Government of India Act, 1919 (Montagu-Chelmsford Reforms)

In the background of some significant developments between 1909-1919 like World War I- 1914-1918, political activity during Tehrik-i-Khilaphat, change in Muslim League objectives, Lucknow Pact 1916 etc., the British government announced that gradual induction of Indians in all branches of government would be done. Gradual introduction of responsible government would be done. Commissioned ranks of Army would be given to the Indians.
Mr. Montagu, Secretary of State visited India from November 1917 to April 1918 and discussed the constitutional matters with Viceroy Lord Chelmsford and the Indian political leaders. The outcome was the government of India Act 1919.

Salient Features, Government of India Act 1919
This act provided a bicameral legislature at the Centre, which consisted of two houses.
One was the Council of State with a membership of 60, out of which 34 were to be elected and
26 nominated official & nonofficial members. The Council’s tenure was fixed at 5 years.
Legislative Assembly was consisted of 145 members, out of whom 105 were elected and the rest would be nominated.
Direct elections were introduced with limited franchise on the basis of property, tax paying, previous experience of legislative councils, university senate, district councils, etc.
Separate Electorate for minorities.
Limited law making powers were assigned to the Legislature but for certain categories prior permission was required. It had no control over defense, foreign policy, budget etc. Legislature could refuse grants but GG could restore them.
Questions, Resolutions, Adjournment Motions were allowed.
G.G. remained a powerful office with all the executive, legislative powers with a nominated
Executive Council.
Two lists of subjects were given in the act, one was Central and the other was Provincial. Centre had overriding powers.

Provincial Legislative Councils
Membership increased. 70 percent were elected. They were having limited powers. They could reject budget but GG could restore it.

Diarchy System in the Provinces
The act introduced DIARCHY system in the provinces. According to the new arrangement subjects were divided into two categories i.e., Reserved subjects and Transferred subjects. Reserved subjects included judiciary, canal, land revenue, Finance, press, power, etc.

Transferred subjects included Local govt. education, public health. In case of a dispute, if something belonged to reserved or transferred side, the Governor was entitled to make the final decision.

Limited Responsible Government at the provincial level was introduced. The system of Diarchy was complicated.

The continuous tussle between the elected and nominated members created fear of breakdown of administration. GG had Control on key departments. Elective elements became strong in the legislatures.

Government of India Act, 1935
It was the most important and most comprehensive legislation introduced by the British Government in India. It was gradually formulated starting with the Simon Commission, Round Table Conferences, White paper (1933) and J.S.C. it was a lengthy document passed by the parliament in July 1935 and got Royal assent in August 1935.

Salient Features
It provided a Federal System with a centre, 11 Governor Provinces, 6 Chief Commissioner
Provinces and the states willing to join it.
Three lists of subjects were given with a powerful centre. Federal list had Defense, Postal srevices, External affairs, Coinage and Communication. Provincial list included education, police, Local self-government, justice, agriculture, public service, fisheries and forests. The concurrent list included criminal law, civil marriage, divorce, registration, bankruptcy, factories and succession.

Two houses of Central Legislature:

i. Council of State comprised of 260 members, out of which 156 were from British provinces and
104 from Indian States.
Method of election was indirect. Communal representation was also secured.
ii. Federal Assembly was lower house consisted of 375 members. Out of which 250 represented

British provinces and 125 from Indian States.
They were elected by provincial legislatures on the principle of separate electorate. States were to nominate their members.
Limited Powers were given to legislature:
80 percent of budget was above their vote.
They could do law making for two lists but GG could turn down or refuse the bill keeping it for consideration of the British Government.
This constitution provided a Powerful GG: Executive Chief having powers of

• Act on advice
• Independent Judgment
• Discretion
• Emergency powers
• Ordinances
• Power to rule provinces directly

Provincial Governments:
Governors enjoy the powers like the GG in the Centre.
• Diarchy abolished in provinces.
• Responsible government was formed.
• Provincial legislatures not unicameral. Act provided for bicameral legislatures in six provinces and unicameral in five provinces.
• Franchise extended but still restricted on the basis of land revenue Rs. 5, Non- transferable property of Rs. 60, Education: Primary.
• Federal Court and High Courts were formed under the act.
• Burma was separated from India.
• Sindh was separated from Bombay.

Comments:
• Federal part of the act was not introduced.
• Provincial part introduced in 1937.
• Provincial autonomy was provided.
• Elected governments were formed in provinces
Government of India Act, 1935
It was the most important and most comprehensive legislation introduced by the British Government in India. It was gradually formulated starting with the Simon Commission, Round Table Conferences, White paper (1933) and J.S.C. it was a lengthy document passed by the parliament in July 1935 and got Royal assent in August 1935.

Salient Features
It provided a Federal System with a centre, 11 Governor Provinces, 6 Chief Commissioner
Provinces and the states willing to join it.
Three lists of subjects were given with a powerful centre. Federal list had Defense, Postal srevices, External affairs, Coinage and Communication. Provincial list included education, police, Local self-government, justice, agriculture, public service, fisheries and forests. The concurrent list included criminal law, civil marriage, divorce, registration, bankruptcy, factories and succession.

Two houses of Central Legislature:

i. Council of State comprised of 260 members, out of which 156 were from British provinces and
104 from Indian States.
Method of election was indirect. Communal representation was also secured.
ii. Federal Assembly was lower house consisted of 375 members. Out of which 250 represented

British provinces and 125 from Indian States.
They were elected by provincial legislatures on the principle of separate electorate. States were to nominate their members.
Limited Powers were given to legislature:
80 percent of budget was above their vote.
They could do law making for two lists but GG could turn down or refuse the bill keeping it for consideration of the British Government.
This constitution provided a Powerful GG: Executive Chief having powers of

• Act on advice
• Independent Judgment
• Discretion
• Emergency powers
• Ordinances
• Power to rule provinces directly

Provincial Governments:
Governors enjoy the powers like the GG in the Centre.
• Diarchy abolished in provinces.
• Responsible government was formed.
• Provincial legislatures not unicameral. Act provided for bicameral legislatures in six provinces and unicameral in five provinces.
• Franchise extended but still restricted on the basis of land revenue Rs. 5, Non- transferable property of Rs. 60, Education: Primary.
• Federal Court and High Courts were formed under the act.
• Burma was separated from India.
• Sindh was separated from Bombay.

Comments:
• Federal part of the act was not introduced.
• Provincial part introduced in 1937.
• Provincial autonomy was provided.
• Elected governments were formed in provinces
• A strong centre was maintained.
• This act expanded electorate.
• Indian government under this act had no control over defense.
• Indian legislature could not amend it.
• Federal legislature elected indirectly

The Problems of the New State

The attainment of independence brought an end to one phase of the struggle and marked the beginning of a new one for setting up and running a viable, stable and prosperous state. Pakistan began its independent life under very difficult and unfavorable circumstances. Pakistan faced serious problems in the initial stages.

1. New Administration
2. Division of Assets
3. Integration of Princely States
4. Communal Riots and Arrival of Refugees
5. Canal water and trade issues

1: New Administration
The shortage of trained human power especially senior officers was a serious problem in the setting up of federal government in Karachi. Most of them had migrated to India. There was a shortage of office space, equipment and furniture. This disturbed the direct connections between the federal government and provincial governments. On the other hand, the provincial governments were overburdened that needed very accurate connection between the centre and the provinces to solve the problems of the Muslim refugees who had nothing to eat, drink, wear, rest, etc. To counter the critical situation, the official system should have been efficient but due to the lack of all these facilities the administrative authorities were painfully facing difficulties.

2: Division of Assets
The Indian government was not cooperative for transfer of record and equipment to Pakistan.
The civil administration was not handing over the promised financial, military, and other shares that created mountainous hurdles to eradicate the pains and miseries of the refugees.

Financial Assets
The full financial share of Pakistan was not transferred. Initially rupees 200 million were transferred that were not sufficient to meet the expenditures of the newly born state. The Indian government was so reactionary that it tried its level best to block these funds to suffocate the newly born Muslim state as they expected foolishly that Pakistan would collapse and rejoin India soon after its existence. They did not release the remaining funds until Gandhi’s threat of marn bert (fast until death). Under this pressure, more funds were sent in early 1948 but no installment was later paid.

Military’s Division
As far as the problem in dividing man power there was no serious setback because the division was not in the hand of third person and Muslims were free to come to their dreamland, Pakistan. Anyhow, their shifting was slow and insecure. There were obstacles in the Pakistan’s share of weapons, equipment, and stores. The broken and damaged stuff was sent by India. Pakistan did not get any ordinance factory. Reorganization of the Armed Forces was another tough job and the there was no army officer up to the rank of colonel. The shortage of experienced officers convinced British officers to continue their services. This also accelerated undue promotion in the military services to fill the gap.

3: Integration of Princely States
There were over 560 princely states in India on the verge of the partition of India. About 500 states had joined India before August 15 because of the motivation by V. P. Menon and Mountbatten. The princes were inclined to honour every gesture of the British representative sothey conceded what the member of the Royal family (Mountbatten) wished. The Hindu-British conspiracy blocked states to join Pakistan.

Junagadh

It was a small state with access to sea having about 7 lakh population and 3377 mile area. The ruler was Muslim while the majority of its population was Hindu. The ruler decided to accede to Pakistan and Pakistan also accepted the accession. In November 1947, the Indian troops entered the state and took its control. The referendum favoured India.

Hyderabad

It was geographically big and financially a rich state. Its ruler was Muslim and majority population was Hindu. It was surrounded by India from all sides. The Nizam wanted to stay independent. Mountbatten discouraged him and signed Standstill Agreement. But India built pressure on the Nizam by sending its troops in September 1948 claiming that serious law and order situation had developed. The state was integrated in India.

Kashmir

The most important state was Kashmir naturally connected with Pakistan. Its ruler was Hindu while population was Muslim. The population inclined towards Pakistan but the Hindu ruler declared to join India. The Kashmiri people revolt against the ruler in Poonch area and soon it became widespread. The ruler sought Indian support. India demanded accession. On October 27, 1947 Indian troops landed in Srinagar. The people continued their struggle for independence and India promised to finally settle the matter with reference to the people under the UN Resolutions.

4: Communal Riots and Refugees
The Communal riots occurred earlier in August 1946. The killing of Muslims in Indian areas forced them to leave India. The Sikhs and Hindus attacked the refugee caravans and trains. There were organized gangs to kill the Muslims. The refugee problem created critical condition in the border areas. The massive migration proved serious economic and humanitarian problems for the new state. The military was asked to help cope with the refugee problem.

5: Canal Water Problem
The major rivers flow from Kashmir and some canal heads located in India. In 1948, India cut off water to some canal that was a serious threat to agriculture in West Pakistan. The Indian plans to build water storage on the rivers that are vital for Pakistan’s economy worsened the situation. It also showed the traditional anti-Muslim attitude. The World Bank settled the problem in September 1960 (Indus Water Treaty).

6: Trade Problem and the Economy
India devalued its currency in 1949 but Pakistan refused to do so. It stopped trade that adversely affected Pakistan’s economy as it depended on trade from India. Pakistan had inherited a weak economy and poor industrial base. The beginning years of Pakistan were troubled and difficult due to the India’s non-helpful policy and the war in Kashmir. It had profound impact on Pakistan’s worldview and its relations with India. Pakistan strived for its survival and security. Many Indians and the British predicted the collapse of Pakistan. They were of the opinion that very soon the Muslims would realize their blunder. They would be forced by the circumstances to go back to join India. But PAKISTAN, by the grace of Almighty Allah, was able to meet the challenge even with its problems.

The Objectives Resolution (1949)

The Objectives Resolution was the first constitutional document that proved to be the ‘foundation’ of the constitutional developments in Pakistan. It provided parameters and sublime principles to the legislators. It made the constitution-making process easy task setting some particular objectives before them that would be acceptable to the people of Pakistan who had suffered a lot under the Hindu-dominated majority. The Resolution was moved by Liaquat Ali Khan, the then Prime Minister of the Islamic Republic of Pakistan, and approved on March 12, 1949.

The Constituent Assembly (1947-54)

The first Constituent Assembly came into existence under Indian Independence Act 1947. The elections were held in July 1946 to decide the destiny of the All India Muslim League (AIML)’s claim that it is the only representative party of the Indian Muslims that desire separate homeland, Pakistan. The members from the districts that became part of Pakistan were declared members of the Constituent Assembly. The number of such members was 69. It increased to 79 after the
1947 when some states joined Pakistan and then increase in the population. There were two major parties, Muslim League and Congress in the Assembly at that time. This Assembly had dual functions to perform.

Features of the Objectives Resolution

1. Sovereignty over the entire universe belongs to Almighty Allah alone.
2. The authority which He has delegated to the state of Pakistan through its people for being exercised within the limits prescribed by Him is a sacred trust.
3. Constitution will be framed for sovereign, independent state of Pakistan.
4. The state shall exercise its power through the representatives of the people.
5. Principles of Democracy, freedom, equality, tolerance and social justice as enunciated by Islam will be fully observed.
6. Muslims shall be enabled to organize their lives in accordance with the teachings and requirements of Islam as set out in the Quran and the Sunnah.
7. Minorities to have freedom to freely profess and practice their religions and develop their cultures.
8. Provisions for safeguarding the legitimate interests of minorities, backward and depressed classes.
9. Pakistan shall be a Federation with autonomous units. State’s sovereignty and territorial integrity will be protected.
10. People of Pakistan should prosper and attain their rightful place in the comity of nations and make contribution towards international peace and progress and happiness of humanity.

Explanation and Importance
The Resolution declared the sovereignty of God as the distinctive political philosophy. The Western democracy gives the notion that sovereignty lies in the people but this Resolution is important having the concept of the sovereignty of God. It clarified that people would utilize powers gifted by God so they would have to work within the limits prescribed by Him. The exercise of the powers is a sacred trust. The representatives of the people of Pakistan will manage the affairs under the universal ideology of democracy, freedom, equality, tolerance, and social justice with the spirit of an Islamic framework.

The Resolution pledged to give the due respect and rights to the minorities, backward and depressed classes in the benign society of Pakistan. Their rights, interests, religion and culture were not confuted.

It’s important that the Resolution promised the federating units for due powers, autonomy and territorial integrity.

Objections by Non-Muslims
The major objection by the Non-Muslims was that the government was trying to mix the religion and politics that was against the spirit of democracy. The non-Muslims objected on the
‘Sovereignty of Allah’ and minorities’ rights, saying it would promote inequality in the society. They were also of view that Shariah was not adequate for the modern time. They feared that it would encourage the religious extremists to work for the establishment of a ‘theocratic state.’

Importance
The Objectives Resolution is a basic and primary document of the constitutional history of Pakistan. It is a framework that provides mechanism to achieve goals for a better life of the people of Pakistan. It’s important that it embraces centrality of Islam to polity sustaining their links with the pre-independence period. The AIML leaders were modernist Muslims not in favour of an orthodox religious state. Therefore, they selected the middle way abiding by the Islamic laws and the international democratic values. The Resolution remained ‘Preamble of all the constitutions due to its importance.

Constitutional Issues

Constitution is a set of basic principles and framework for governance and exercise of political power and legal authority. It clarifies the scope of power, relationship among various institutions within the government and society. It has precedence over ordinary laws and cannot be changed like ordinary laws. The Government of India Act (1935) was modified and promulgated in the newly state of Pakistan. The elected members in the 1946 elections made the first Constituent Assembly that faced grievous circumstances.

Major Issues
The major issues, the first constituent assembly faced, were about:

1. Federalism
2. Representation
3. Separate or Joint Electorate
4. The National Language Issue
5. Parliamentary or Presidential system
6. The Islamic or Secular State

1: Federalism

There was consensus on federalism but yet there were many issues to be settled. The main was that Pakistan consisted of two territorial parts, East Pakistan (with more population, less territory but administratively one unit) and West Pakistan (administratively 4 units). Federalism is meant to accommodate such kind of diversity maintaining the unity of the state or country.

Division of power:
It was the most difficult question that how the power would be divided between Centre and the Provinces. The heritage of British rule gave the tradition of a Strong Centre. But the provinces were demanding more Autonomy and Provincial Rights.
In the Interim Constitution and the 1956 Constitution tradition of strong centre continued.

2: Representation
Representation at the federal level was another conflicting issue because East Pakistan and West Pakistan were different in population and size. On the other hand there was diversity in Western part of Pakistan. The provinces of West Pakistan were also different in population and size. All of them were sensitive to their representation and provincial autonomy.
To have a Standard Formula for the representation of units and population the Constituent Assembly (CA) formed a Basic Principle Committee (BPC) on March 12, 1949. The primary task of this committee was to frame a set of basic principles for the future constitution of Pakistan.

First BPC Report:
This committee presented its first report on 28th September 1950. According to this report two houses of the parliament were proposed. The lower house was to be elected on the basis of POPULATION and the upper house was to be elected on the basis of equal representation for all the provinces of Pakistan namely East Bengal, West Punjab, Sindh, NWFP and Baluchistan.
Equal powers were proposed for the both Houses. No mention of National Language was made.
East Bengal opposed this report and Liaqat Ali Khan withdrew it.

Second BPC Report:
BPC presented its final report on 22nd December 1952. According to this report two Houses of the Parliament will enjoy the equal status and powers. It proposed equal representation to East and West wing.
This report also faced reaction in both the wings of Pakistan. The principle of parity was not appreciated in both East Pakistan and Punjab.

Muhammad Ali Bogra Formula:
Muhammad Ali Bogra immediately after assuming the office of the Prime Minister presented a formula to resolve the deadlock in constitution making. According to this formula Pakistan would have a bicameral legislature. In upper house there would be EQUAL representation to each of five units. In lower house population will be represented. In this way more representation was given to East Pakistan.
Both wings would have equal strength in joint sessions of the two houses.

Reaction to Bogra Formula
It was welcomed in both parts of the country. The principle of parity and representation of the population was appreciated. It also solved the problem of national language by suggesting Urdu and Bengali both as national language.

One Unit of West Pakistan October 1955
One Unit of West Pakistan was established on 14th October 1955. The provinces of Punjab, Sindh, NWFP and Baluchistan would be amalgamated in one unit to establish parity between the two parts of the country.

3: Separate or Joint Electorate
Separate electorate was adopted on the demand of Muslims in 1909 by the British Government. But the minorities did not favour this after independence. Religious elements supported this as a part of heritage.
East: decided for Joint Electorate. West: Separate electorate.
1957: Joint Electorate was adopted for all Pakistan by the National Assembly.

4: The National Language Issue
Pre-independence: Muslim elite all over India adopted Urdu. In 1948 Jinnah declared that Urdu would be the national language but provinces could use their languages.
Opposition against Urdu was there in East Bengal. This became more pronounced after the death of Jinnah as controversies erupted on constitution making. Language Movement started in East Pakistan February, 1952.
There was a complaint about anti Bengali language attitude of the federal government.
Two-language formula was adopted in 1954. Since 1973 Urdu was adopted as national language along with the support for development of regional languages.

5: Parliamentary or Presidential
There was a consensus for parliamentary system. But there was a limited demand for presidential system. Supporters of Presidential system became dominant after the 1958 military takeover. The 1962 Constitution was a Presidential constitution.

7: The Islamic or Secular State
From the very beginning of Pakistan Movement there was an agreement that the state will have close relationship with Islam. Muslims defined their national identity with reference to Islam and its heritage. Some opposition came from the Congress members of the Constituent Assembly, and a few secularists.
There was a BROAD AGREEMENT that the state will identify itself with Islam. The Constituent
Assembly took time to define the precise relationship between the state and Islam.
Objectives Resolution
As discussed in lecture 16 Objectives Resolution rejected theocracy in Pakistan and provided the basic objectives for the future constitution of Pakistan.

The issues to be addressed were:

1. Scope of legislation for an elected Assembly?
2. Who will decide about the Islamic nature of laws? Should a Board of
Ulema be given this power?
3. Position of women, vote and work?
4. Religious minorities?

Discussion in the Constituent Assembly and outside continued. There was an active demand by religious elements for Islamic political system. In this context the leading Ulema of various sects presented famous 22 points to provide a religious base to the future constitution.

The Key Issue:
What kinds of institutions and processes have to be created to translate the notion of supremacy of the Qur’an and the Sunnah
• The Constituent Assembly adopted a middle course and a modernist perspective.
• Spirit of Islamic principles and values, modern notions of governance, representation and administration were amalgamated.
Islamic provisions would be taken up when we discuss the constitutions.

Constitution Making (1947-56)

Constitution is a basic document in the handling of domestic affairs. It sets out the framework for governance and exercise of power. It gives guiding lines of relationships among the federating units. Law making is always within its limits.
The modified Government of India Act (1935) became the Interim Constitution of Pakistan in
1947. The Constituent Assembly (CA) was given the task of framing the Constitution. The first meeting of the CA was held on August 11, 1947 at Karachi. In the lecture 17 we have discussed the constitutional issues that the CA had to deal with, mainly 6 major issues. Now we will discuss the stages of constitution making.

The process began with the passing of the Objectives Resolution (Lecture 16) in which the Islamic and democratic values were adopted as grounds for the future constitution. The Basic Principles Committee (BPC) consisting of 24 members was made to work for the constitutional powers. The various sub-committees on Federal and provincial powers, Franchise, Judiciary, and Fundamental Rights started working. Board of Talimat-i-Islamia was also set up to seek advice on the religious matters.

First BPC Report, 1950

1: The Objectives Resolution to be included in the Constitution as the directive principles.
2: Legislature: Two houses of the parliament.
Upper: (House of Units) Equal representation for the units
Lower: (House of People) On the basis of Population. Both the Houses would enjoy the equal powers.
3: The Head of State elected by joint session would be for five years (Two terms only). President had discretionary and emergency, appointment and other powers. President was not answerable to anyone, might be a Muslim or non-Muslim, would be assisted by the Prime Minister (PM) and Cabinet that would be answerable to the CA. Parliament may impeach him by 2/3 majority. He was given the power to abrogate the constitution.
4: Cabinet responsible to both the Houses.
5: No mention of national language

Criticism:

This report was severely criticized throughout the country. It could not satisfy both the wings, East and West. The religious group objected that the report contained nothing about Islamisation. On the question of representation, the East Pakistan (EP) protested that their majority had been denied by the Report. They remarked that they were thrown into a permanent minority. The population of EP was slightly larger than that of the West Pakistan (WP) but it was treated as the small provinces because both the Houses were given equal powers. So the domination of WP was intolerable for the East wing.
The language issue proved subversive to the national solidarity. The Eastern Pakistanis condemned the proposal that made Urdu as official language.

Second BPC Report, 1952

1. Head of State would be Muslim and no change in powers.
2. Equal representation to East and West wings: UH (Upper House) 60, 60 LH 200, 200
3. More powers were given to Lower House. Cabinet was made responsible to Lower House.
4. It was promised that law making would be in accordance with ISLAM. No law would be made in violation of Islamic principles.
5. Advisory Board of five Islamic scholars was founded.
6. Silent on national language.

Criticism:

The politicians particularly from the Punjab deplored the Report because formation of the UH on the basis of representation was not acceptable. It was declared against the principle of federation. The WP favoured equality only for Upper House. The political crisis removed Prime Minister Nazimuddin and attention diverted from the core issue.

Third Report: Muhammad Ali Formula October 1953

The proposals were revised in the light of the criticism and decided: Upper House: Equal representation to all five units
Lower House: More representation to Eastern part
While in joint session, both wings had equal representation:

East Pak __West Pak

Upper House 10 40
Lower House 165 135
------------------------------
Joint Session 175 175
Decision by majority but it must include 30 percent members from each zone.


Criticism:

It suggested some difficult process but mostly it was widely acceptable. Two languages, Urdu and Bengali, were approved as official languages that injured the national unity as Quaid-i-Azam had wished Urdu as national language.
This is important that after the Formula, the work began on constitution drafting because the deadlock was over.

CA Dissolution
In October 1954, GG (Governor General) dissolved the CA that was challenged in the Sindh court by Maulvi Tamizuddin. The court declared the dissolution illegal but the Federal Court upheld the GG action but asked for setting up an elected CA.

2nd Constituent Assembly, June-July 1955
Ghulam Muhammad called a Convention on May 10, 1955. All its members were to be elected indirectly (by the provincial assemblies). In this way, the 2nd CA came into existence.

One Unit Scheme, October 1955
The presence of different provinces in the WP had complicated the issue of the WP
representation in the CA. It was handled by uniting all the WP units into ONE (One Unit, October
30, 1955). Now both the parts had become two units and could be addressed equally.

Constitution-making
One Unit scheme helped the task of constitution making to accomplish successfully. The previous committees report helped the new Assembly that completed its work and presented in the 2nd CA on January 9, 1956. It, with certain amendments, was approved on January 29, 1956 and enforced on March 23. With this Pakistan had become an Islamic Republic.