India and Pakistan’s 70 years of Independence: A look back at how destiny set the midnight’s children apart.
India and Pakistan mark their 70th year of existence on 14 and 15 August. Seventy years ago, both nations stared at an uncertain future after the tumultuous episode of Partition, which killed more than a million people on either side of the new border.
As Jawaharlal Nehru and Muhammad Ali Jinnah were addressing their respective Constituent Assemblies, they knew the task ahead was not going to be easy. Both nations lacked the institutions that could sustain the test of time. Democracy was an alien concept in both countries — more so in Pakistan. A model of governance had to be institutionalised through a written Constitution. Moreover, both nation-states had a myriad of socio-political issues to resolve — ethnic and linguistic sub-nationalism, role of religion in state affairs, devolution of power to constituents and implementing land reforms.
While both countries faced similar socio-economic issues, India had the advantage of being the successor state of the British Raj. In 1947, India was home to about a quarter of the world population and ranked among the top five industrialised nations in the world. Pakistan, on the other hand, was nothing more than an amputated piece of land without a coherent industrial base or even a capital city.
In the backdrop of such challenges, Nehru and Jinnah came up with impressive inaugural speeches. While Nehru’s “Tryst with Destiny” speech set the tone for India’s future role as a responsible voice of the third world, Jinnah’s “secular State” speech sought to position Pakistan as a country where every citizen, irrespective of his religion will be treated equally.
Although, Jinnah’s speech sounded an antithesis of the very concept of Pakistan – a state for the Muslims of India. However, both leaders would not have had the slightest of idea on how the destinies of their countries would pan out in the next seven decades.
Lord Louis Mountbatten decided on the Partition of the Indian Subcontinent on 3 June 1947.
The sheer power of personalities
India had Jawaharlal Nehru at the helm of affairs till his death in May 1964, while Jinnah lost his battle against tuberculosis within 13 months of Pakistan’s creation as a separate homeland for the Muslims of the Indian Subcontinent.
Strong personalities have often shaped the early destinies of countries. Kemal Pasha Ataturk ruled modern-day Turkey from 1923 to 1938, transforming the Islamic Caliphate into a modern secular republic. Similarly, George Washington, the founding father of the United States, led the world’s first oldest democracy, first as a military leader and then as its inaugural president, in the process creating an edifice by which the country still stands by – more or less.
Despite all his flaws, Nehru was an institution builder, creating and nurturing several institutions that have endured the test of time. The Election Commission – arguably the best-run State institution — is perhaps the single biggest contribution of Nehru.
Whether every Nehruvian institution was effective is still debatable, but nevertheless, Nehru turned his vision of a socialist, democratic and secular India into reality before he passed away on 27 May 1964.
Nehru’s impact on India’s early history can be gauged by the fact that it was a young Atal Bihari Vajpayee, who had paid the richest tribute to his dear “Panditji“ in the Rajya Sabha:
“A dream has remained half-fulfilled, a song has become silent, and a flame has banished into the Unknown. The dream was of a world free of fear and hunger; the song a great epic resonant with the spirit of the Bhagwad Gita and as fragrant as a rose, the flame a candle which burnt all night long, showing us the way. Mother India’s beloved prince has gone to sleep.”
Jinnah died too soon to turn his vision of a Turkey-like Pakistan into reality. However, historians still debate whether Pakistan could have become South Asia’s Turkey had Jinnah lived long enough to fulfil his dream of emulating his idol Ataturk.
But history is the saga of many ifs and buts.
The reticent Jinnah never developed a second generation of leadership in the Muslim League. When asked who all he thought helped him achieve Pakistan, Jinnah remarked “I, my secretary and his typewriter”.
Jinnah’s death created a huge void in the national leadership, which could never really be filled. Pakistan struggled with political instability, the Constitution took nine years to take shape, while the idea of democracy failed in the nascent nation-state.
India’s first education minister Maulana Abul Kalam Azad predicted the rise of army in Pakistan.
India’s Damocles Swords
In 1958, General (later field marshal) Ayub Khan took over the reins of the country. Since then, the military has shaped the destiny of Pakistan, either directly or indirectly.
Towards the end of 1960s, Ayub had strengthened the military’s hold over the State machinery and inaugurated a Constitution establishing a presidential form of government, elected by “basic electors” – a concept which was as vague as it sounds.
Meanwhile, India had begun to take baby steps into the world of democracy. Proving critics wrong, India successfully held four general elections. The Centre, aided by several states, also introduced legislations to implement land reforms, albeit with limited success.
Between mid-1950s and 1960s, India witnessed the climax in two major issues: official language and language-based statehood.
Nehru for the record was opposed to idea of creating states based on languages, fearing the rise of sub-nationalism. While Nehru’s fears might have been true to some extent, the move ultimately helped India to enrich the edifice of federalism – an idea which was already enshrined in the Constitution.
The federalism debate was compounded by linguistic zeal in non-Hindi parts of India. While the federalism debate was being settled, the issue of a common language propped up. With none of the languages being spoken by the majority, the question was always expected to be the Damocles Sword for the Centre.
As the Centre’s deadline of 31 January, 1965 — the day Hindi would become the sole official language — approached, Tamil Nadu erupted against the decision. Other non-Hindi speaking states like West Bengal too voiced their dissent. It took days of rioting in Tamil Nadu for the Centre to scrap the idea.
In 1967, the Union government amended the Official Languages Act, 1963 to allow English to continue as a link language until the Parliament passes a resolution to reverse the decision. The Constitution had already accorded the status of official language to 14 (now 22) languages through the VIIIth Schedule of the Constitution.
Thus, India was saved from possible Balkanisation. Although debatable, one can say that India could take such decisions, partly due to its perceived commitment to socialist and pluralistic ideals along with the strong leadership provided by the Congress party.
But the language issue turned out to be the death knell for the “two nation theory” in Pakistan.
Muhammad Zia ul Haq, a Jalandhar-born Punjabi, visited India in 1987.
A farce called ‘two-nation theory’
Pakistan was the product of the “two-nation theory” – a belief that Hindus and Muslims had always been separate nationalities within India. It did not matter whether Indian Muslims came from different cultures and ethnicity. The proponents of the theory believed that religion will be the glue to stick every Indian Muslim.
However, the theory proved to be farcical from 1950s onwards, when ethnic sentiments emerged in East Bengal over the alleged economic and cultural indifference by Pakistan’s western wing.
Separated from each other by over a thousand miles, religion was the only common factor between the two wings of the country.
The obsession with the theory meant that ethnic and language issue was never given serious consideration.
Since the establishment of Pakistan, it was amply made clear that Urdu would continue to be the national language of the newly-carved nation-state. This is what Jinnah said in a speech at Dhaka:
“Let me make it clear to you that the State language of Pakistan is going to be Urdu and no other language. Anyone who tries to mislead is merely the enemy of Pakistan. Without one State language, no nation can remain tied up solidly together and function. Look at the history of other countries. Therefore, so far as the State language is concerned, Pakistan’s language should be Urdu; but, as I have said, it will come in time.”
Nevertheless, Bengali was made an “official language” along with Urdu, but it remained so only on paper. Bengali, as conventional wisdom suggested, was always considered a “Hindu language”, while Urdu came to be signified as the symbol of Islam in the Subcontinent.
Federalism as an idea never took off in Pakistan.
In 1955, four provinces of the western wing – Punjab, Sindh, Balochistan and Khyber Pakhtunkhwa – were unified under the One Unit scheme to bring “parity” between the two wings of Pakistan. The plan also nullified the numerical advantage of the Bengalis, ending up alienating the eastern wing. The controversial scheme was ultimately scrapped in 1970.
The Anti-Bengali sentiment transgressed the economic realm too. The eastern wing was discriminated in the allocation of central funds, with western wing receiving 70 percent of the funds between 1950 and 1970.
All these factors forced Awami leader Mujibur Rahman to seek more autonomy in the 1960s. However, Pakistan’s military dictatorship brooked no dissent as Mujibur and fellow leaders were jailed for their demands.
Things reached the nadir, when Bengali nationalists declared independence in March 1971. Nine months later, Bangladesh was born.
After the liberation of Bangladesh, India signed a friendship treaty with the newly independent country.
‘Bhuttoism’ and ‘Indira’s India’
Nine months before India entered the 13-day war with Pakistan which created Bangladesh, Indira Gandhi comprehensively won the fifth general elections. But Indira’s ascendancy also sowed the seed for her ultimate ouster.
With a mammoth parliamentary majority and control over most of India’s state governments, Indira wielded absolute power. But as John Dalberg-Acton once said, “Power corrupts but absolute power corrupts absolutely.” Indira’s new found absolute power soon came under Opposition’s fire.
The anti-Indira sentiment reached its zenith when the Centre declared Emergency in June 1975. In the next 18 months, Opposition was suppressed, media was silenced, lakhs were forcefully sterilized and a 20-point economic programme was enforced: all this only because she was convicted for electoral malpractice.
While “Indira’s India” was flirting with authoritarianism, a truncated Pakistan finally saw the dawn of democracy under Zulfikar Ali Bhutto. In 1973, Bhutto became Pakistan’s first democratically elected leader after drafting the country’s third Constitution.
For the first time in Pakistan’s political history, a government pursued an ideology-based policy. Bhutto embarked on a socialist sojourn, nationalising heavy industries, addressing labour issues, implementing two phases of land reforms – with limited success and improving ties with the Warsaw Pact countries. In the process, Bhutto created a political ideology called “Bhuttoism”.
It was probably the only time in subcontinent’s history when both countries seemed to be on the same page on the question of economy.
Vajpayee made a historic trip to Pakistan in February 1999, where he and his Pakistani counterpart signed the Lahore Declaration.
1977: watershed year in the Subcontinent
If 1947 was the year both countries won their Independence, 1977 was the year when the destinies of two countries took completely opposite turns.
After the Emergency was lifted in March 1977, Indira was booted out and the hodgepodge coalition Janata Party led by Morarji Desai came to power. Although the coalition collapsed under the weight of its own contradictions, the Janata experiment proved for the first time that the hegemonic Congress could be defeated.
While India applied the break on authoritarianism, Pakistan applied reverse gear to return to dictatorship.
On 5 July, 1977, General Muhammad Zia ul Haq overthrew the democratically elected Bhutto government. The racoon-eyed Zia cruelly put his former boss Bhutto to death in an obscure murder case and went on to rule for 11 years. Lacking a constituency of his own, Zia introduced Sharia law in a bid to gain the approval of Islamists. While reneging on his promise to hold elections till 1985, Zia consolidated the military as part of Operation Cyclone – the covert US plan to back Mujahideens in Soviet-occupied Afghanistan.
Zia’s policies created the mullah-military complex – a byword for rabid Islamisation of the State machinery. The dominant moderate voices were sidelined while Islamism gained ground in Pakistan.
The general was also single-handedly responsible for the rise of Pakistan as the “motherboard of terrorism”.
When Zia was planning a non-party election in 1985, Rajiv Gandhi had just won the largest ever mandate in India’s history. India’s youngest prime minister brought about many reforms in India’s democratic system such as penalising defections to bring long-term political stability, and reducing the voting age from 21 to 18.
Rajiv also gave the initial impetus to empowering India’s urban and rural local bodies. In 1992, his idea took form of the 11th and 12th Schedule of the Constitution.
The contrast between Zia and Rajiv administrations could not be starker than this: when Rajiv was overhauling the education system through the 1986 National Education Policy, Zia regime was busy promoting “Jinn sciences” with Saudi Arabia’s backing.
Pervez Musharraf first took power as a military ruler in 1999. He continued in power as president until 2008.
Going nuclear amid uncertainty
India and Pakistan were again at the cross-roads of destiny in the mid-90s.
India had three prime ministers – HD Deve Gowda, IK Gujral and Vajpayee – between 1996 and 1999. Coalition politics seemed to be failing once again after the Janata Party and National Front debacles.
While India was struggling with coalition politics in its 50th year of Independence, Pakistan had elected its most powerful government. In the February 1997 elections, Nawaz Sharif secured his second term as prime minister with a two-third majority.
If 1977 was politically significant in Subcontinent’s history, 1998 will go down in history as the year that changed the strategic balance of the region.
India conducted its first thermonuclear tests — Shakti I and II — on 11 and 13 May while Pakistan followed up with its own tests codenamed Chagai I and II on 28 and 30 May.
While many argued that the threat of nuclear war loomed after 1998, experts like Sumit Ganguly believed that the nuclear power has brought about a deterred both countries from going for an all-out war fearing MAD (Mutually Assured Destruction). However, in his book, India, Pakistan, and the Bomb: Debating Nuclear Stability in South Asia, Ganguly also added that Pakistan would indulge in more unconventional warfare, emboldened by its nuclear capabilities.
In less than a year, however, the political situation in the nuclear-armed neighbourhood changed; that too in a matter of less than 48 hours in October 1999.
A day before Vajpayee was to take oath as the leader of the first majority-enjoying coalition government in India’s history, General Pervez Musharraf disposed Sharif on the night of 12 October 1999. And the reason for Vajpayee’s ascendency to power and Sharif’s downfall was the same: Kargil War.
Vajpayee went on to become the father of modern coalition politics. The UPA I and II governments that followed NDA I, as well as the current NDA II regime have proved the power of “coalition dharma”.
Narendra Modi is the first Indian prime minister from the Right-wing to enjoy a parliamentary majority.
Time to re-route our destinies in the 21st Century?
In the 21st Century, both India and Pakistan have been victims of Islamist terror. Although, in Pakistan’s case, it was more of its own doing. While the bane of terrorism binds us, Pakistan’s sponsorship of terrorism sets us apart.
In 2013, Pakistan saw a democratic transition of power for the first time – a significant event in the country’s chequered democracy. However, no Pakistan prime minister has ever completed a full five-year term. The one who was expected to break the jinx – Sharif – was recently dismissed by the Pakistan Supreme Court on corruption charges.
Our neighbour is yet again passing through a phase of political uncertainty. But the army does not seem to be taking over the reins of the country. When Pakistan goes to polls in early 2018, it will be the first time since Independence that two consecutive governments would have completed their full terms. This will be a good sign for democracy in the country.
Meanwhile, India under Narendra Modi – arguably the strongest prime minister after Indira – is witnessing the resurgence of the right-wing, the gradual repudiation of the Nehruvian legacy and the restructuring of India’s governance model.
There is however one question that needs to be asked.
Will there be any period in future when both nations would simultaneously be moving on the path of stability?
Nobody can answer the question right now. Only time will tell whether destiny will keep the two nation-states moving on opposite directions or help bring them closer at some point.
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- Lowering Emissions by Accelerating Forest Finance (LEAF) Coalition, a collective of the United States, United Kingdom and Norway governments, came up with a $1 billion fund.
- LEAF is supported by transnational corporations (TNCs) like Unilever plc, Amazon.com, Inc, Nestle, Airbnb, Inc as well as Emergent, a US-based non-profit.
- The world lost more than 10 million hectares of primary tropical forest cover last year, an area roughly the size of Switzerland.
- Ending tropical and subtropical forest loss by 2030 is a crucial part of meeting global climate, biodiversity and sustainable development goals. Protecting tropical forests offers one of the biggest opportunities for climate action in the coming decade.
- Tropical forests are massive carbon sinks and by investing in their protection, public and private players are likely to stock up on their carbon credits.
- The LEAF coalition initiative is a step towards concretising the aims and objectives of the Reducing Emissions from Deforestation and Forest Degradation (REDD+) mechanism.
- REDD+ was created by the United Nations Framework Convention on Climate Change (UNFCCC). It monetised the value of carbon locked up in the tropical forests of most developing countries, thereby propelling these countries to help mitigate climate change.
- It is a unique initiative as it seeks to help developing countries in battling the double-edged sword of development versus ecological commitment.
- The initiative comes at a crucial time. The tropics have lost close to 12.2 million hectares (mha) of tree cover last year according to global estimates released by Global Forest Watch.
- Of this, a loss of 4.2 mha occurred within humid tropical primary forests alone. It should come as no surprise that most of these lost forests were located in the developing countries of Latin America, Africa and South Asia.
- Brazil has fared dismally on the parameter of ‘annual primary forest loss’ among all countries. It has lost 1.7 mha of primary forests that are rich storehouse of carbon. India’s estimated loss in 2020 stands at 20.8 kilo hectares.
- Between 2002-2020, Brazil’s total area of humid primary forest reduced by 7.7 per cent while India’s reduced by 3.4 per cent.
- Although the loss in India is not as drastic as in Brazil, its position is nevertheless precarious. For India, this loss is equivalent to 951 metric tonnes worth carbon dioxide emissions released in the atmosphere.
- It is important to draw comparisons between Brazil and India as both countries have adopted a rather lackadaisical attitude towards deforestation-induced climate change. The Brazilian government hardly did anything to control the massive fires that gutted the Amazon rainforest in 2019.
- It is mostly around May that forest fires peak in India. However, this year India, witnessed massive forest fires in early March in states like Odisha, Uttarakhand, Madhya Pradesh and Mizoram among others.
- The European Union’s Copernicus Atmospheric Monitoring Service claimed that 0.2 metric tonnes of carbon was emitted in the Uttarakhand forest fires.
- Implementation of the LEAF Coalition plan will help pump in fresh rigour among developing countries like India, that are reluctant to recognise the contributions of their forest dwelling populations in mitigating climate change.
- With the deadline for proposal submission fast approaching, India needs to act swiftly on a revised strategy.
- Although India has pledged to carry out its REDD+ commitments, it is impossible to do so without seeking knowledge from its forest dwelling population.
- providing Dominion Status to India, i.e., equal partnership of the British Commonwealth of Nations;
- all Provinces (ruled by the British India government) and Indian States (ruled by Indian princes) should constitute one Indian Union by the British Constitution;
- the Constitution of India should be framed by an elected Constituent Assembly of Indian people but if any province (or Indian State) which was not prepared to accept the Constitution was to be free to retain its constitutional position which had existed at that time.
- Such provinces were to be free to enter separate constitutional arrangements.
- there should a Union of India consisting of British India and the States, which would have jurisdiction over subjects of Foreign Affairs, Defense and Communication;
- all residuary powers would belong to the Provinces and the States;
- the Union would have Executive and Legislature consisting of the representatives from the Provinces and the States but for decision relating to a major communal issue in the legislature a majority of representatives of two major communities would be present, and voting along with the majority of all members present and voting would be required;
- the provinces would be free to form Groups with executives and legislatures;
- and each group would be free to determine the Provincial Subjects which would be taken up by the Group organisation.
Context:-
At the recently concluded Leaders’ Summit on Climate in April 2021, Lowering Emissions by Accelerating Forest Finance (LEAF) Coalition, a collective of the United States, United Kingdom and Norway governments, came up with a $1 billion fund plan that shall be offered to countries committed to arrest the decline of their tropical forests by 2030.
[wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]What is LEAF Coalition?
Why LEAF Coalition?
Brazil & India
According to the UN-REDD programme, after the energy sector, deforestation accounts for massive carbon emissions — close to 11 per cent — in the atmosphere. Rapid urbanisation and commercialisation of forest produce are the main causes behind rampant deforestation across tropical forests.
Tribes, Forests and Government
Disregarding climate change as a valid excuse for the fires, Indian government officials were quick to lay the blame for deforestation on activities of forest dwellers and even labelled them “mischievous elements” and “unwanted elements”.
Policy makers around the world have emphasised the role of indigenous tribes and local communities in checking deforestation. These communities depend on forests for their survival as well as livelihood. Hence, they understand the need to protect forests. However, by posing legitimate environmental concerns as obstacles to real development, governments of developing countries swiftly avoid protection of forests and rights of forest dwellers.
For instance, the Government of India has not been forthcoming in recognising the socio-economic, civil, political or even cultural rights of forest dwellers. According to data from the Union Ministry of Tribal Affairs in December, 2020 over 55 per cent of this population has still not been granted either individual or community ownership of their lands.
To make matters worse, the government has undertaken systematic and sustained measures to render the landmark Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 ineffective in its implementation. The Act had sought to legitimise claims of forest dwellers on occupied forest land.
Various government decisions have seriously undermined the position of indigenous people within India. These include proposing amendments to the obsolete Indian Forest Act, 1927 that give forest officials the power to take away forest dwellers’ rights and to even use firearms with impunity.
There is also the Supreme Court’s order of February, 2019 directing state governments to evict illegal encroachers of forest land or millions of forest dwellers inhabiting forests since generations as a measure to conserve wildlife. Finally, there is the lack of data on novel coronavirus disease (COVID-19) deaths among the forest dwelling population;
Tardy administration, insufficient supervision, apathetic attitude and a lack of political intent defeat the cause of forest dwelling populations in India, thereby directly affecting efforts at arresting deforestation.
Way Forward
Tuntiak Katan, a global indigenous leader from Ecuador and general coordinator of the Global Alliance of Territorial Communities, aptly indicated the next steps at the Climate Summit:
“The first step is recognition of land rights. The second step is the recognition of the contributions of local communities and indigenous communities, meaning the contributions of indigenous peoples.We also need recognition of traditional knowledge practices in order to fight climate change”
Perhaps India can begin by taking the first step.
INTRODUCTION:-
The Constitution of India was adopted on 26 November 1949, which means it was finalised by the Constituent Assembly on that day. But it became operative two months after its adoption, i.e., on 26 January 1950, which is also known as the date of its “commencement”.
[wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]However, some provisions of it, i.e., those relating to citizenship, elections, provisional Parliament, temporary and transitional provisions had become operative on 26 November 1949 itself. The reason for its commencement after two months of its adoption was to signify the January 26 as the original date of achievement of Independence.
It was this day, i.e. 26th January, in 1930 which the Indian National Congress (INC) had first celebrated as the Independence Day of India. It is important to note that the Constitution of India is product of a longdrawn process and deliberations.
EVOLUTION OF THE INDIAN CONSTITUTION 1858-1935
The Constitution of India embodies provisions providing basic democratic rights of human beings including the persons who are not Indian citizens. It also embodies provisions for the availability of institutions for legislation, execution and jurisdiction for the fulfilment these rights.
It presents a vision for social transformation and deepening of democracy in India. The process of evolution of democratic institutions and rights had started much before the Constituent Assembly really made the Constitution of India.
It, however, must be underlined that the features of democratic institutions and values which were introduced during the colonial period were meant to serve the colonial interests in contrast to the purpose of the provisions of the Constitution made by the Constituent Assembly of India.
Although the Indian Constitution was result of the deliberations (from December 9, 1947 to November 26, 1949) of the Constituent Assembly, some of its features had evolved over three quarters of a century through various Acts, i.e., from 1858 to 1935.
The Government of India Act, 1935, and Other Acts
With the transfer of power from the East India Company to the British Crown, the British Parliament got involved in managing affairs of India. For achieving this purpose, from 1858 till 1935, the colonial government introduced certain features of constitution or rules of governance through different Acts. The Government of India Act, 1935 was the most important among these Acts.
First of these other Acts was Government of India Act, 1858. It provided for a combination of centralised and decetralised power structure to govern India. The centralised structure was introduced in the areas which were under the direct control of the Crown. These areas were known as British India provinces or provinces. The decentralized structure was introduced in the areas which were not under the direct control of the Crown. These areas were ruled by the Indian princes, and were known as princely states or states.
Under this system, the princes had freedom to govern in all internal matters of their princely states, but they were subject to the British control. In the centralized structure of power which was introduced in the provinces, all powers to govern India vested in the Secretary of State for India (and through him in the Crown). He acted on behalf of the Crown.
He was assisted by a fifteen-member council of ministers.There did not exist separation of executive, legislative and judicial functions of government; these all were concentrated in the hands of the Secretary of State for India. In British India, the Secretary of State of India was assisted by the Viceroy, who was assisted by an executive council.
At the district level, the viceroy was assisted by a small number of British administrators. The provincial government did not have financial autonomy. In 1870 viceroy Lord Mayo ensured that all parts of provincial administration received due share of revenue to meet their needs.
The scope of political institutions in the provinces was expanded a little further following the introduction of Council of India Act, 1909. This Act introduced for the first time a “representative element” in British India, which included elected non-official members.This Act also introduced separate representation to Muslim community.
The Government of India Act 1919 devolved some authority to the provincial governments, retaining the control of the central government (unitary government) on them.It relaxed the control of the central government in a limited way. It divided the subjects for jurisdiction of administration and sources of revenue between centre and provinces.
Under this arrangement, the provincial government was given control on resources of revenue such as land, irrigation and judicial stamps. The provincial subjects were divided into “transferred’ and “reserved” categories.
The “transferred” subjects were governed by the governor, and “reserved” subjects were governed by the legislature. The governor (executive head) was not accountable to the legislature.
The Government of India Act, 1935 was different from the earlier Government of India Acts. Unlike the earlier Acts, the Government of India Act, 1935 also provided for provincial government enjoying provincial autonomy. It provided “safeguards” for minorities.
Such “safeguards” included provisions for separate representations to Muslims, Sikhs, the Europeans, Indian Christians and Anglo-Indians. This Act also provided for three lists of divisions of power between the federation (central government) and provinces: federal (central), concurrent and provincial.
The Act also provided for establishment of a federal court to adjudicate disputes between federation and provinces. The executive head of the provincial government was Governor, who enjoyed special power. Under the special power the Governor could veto the decisions of the provincial legislature.
He acted on behalf of the Crown, and was not a subordinate of the Governor-General (the changed designation of Viceroy). He enjoyed discretionary powers to exercise his “individual judgments” in certain matters. In such matters, he did not need to work under the advice of ministers: he was to act under the control of the Governor-General, and indeed the Secretary of the State.
He was also not accountable to the legislature but he was required to act on the advice of ministers, who were accountable to the legislature.
Government of India Act, 1935 also had provisions for setting up a central government consisting of representatives from the provinces(areas ruled by the British India government) and the states (the areas covered under princely states).Such government was supposed to be known as federal government because of composition with members both from provinces and the states.
However, the federal government could not be formed because there was no unanimity among the princes to join the federation; consent of all princes was essential for the formation of federation. Thus, only the provincial governments could be formed as per this Act.
And election to the provincial legislature as per the Government of India Act, 1935 was held in 1937. Following the election of 1937, provincial governments headed by the Indian National Congresswere formed in eight provinces. The Indian National Congress government resigned in 1937. Nevertheless, according to M. Govinda Rao and Nirvikar Singh (2005), the Government of India Act, 1935 provided a basis to the Constituent Assembly to make the Constitution.
The Nehru Report(1928): First Indian Initiative to Draft Constitution
As you have read above, attempts to introduce elements of constitution in British India through different Act since 1858 were made by the British rulers. Indians had no role in it.
The first attempt by Indians themselves to prepare a Constitution of India was made in the Nehru Report(1928).Earlier, effort by Indians was made in the name of the swaraj (self-rule) by leaders of Indian national movement during the non-cooperation movement in 1921-22.
The Nehru Report was known as such because it was named after the chairman of its drafting committee, Motilal Nehru. The decision to constitute the drafting committee was taken in the conference of the established All India parties. The principal among these parties included Indian National Congress, Swaraj Party and Muslim League. The Justice Party of Madras and Unionist Party of Punjab did not participate in this meeting.
The Nehru Report demanded universal suffrage for adults and responsible government both in the centre and in the provinces. It, however, supported the Dominion Status, not complete independence for India.
It meant that Indians would have freedom to legislate on certain limited matters under the control of the British India government. For this, the Nehru Report prepared list of central and provincial subjects, and fundamental rights. It also raised demands for universal suffrage for men and women adults.
Indeed, it was in 1934, a few years after the preparation of the Nehru report, that the Indian National Congress officially demanded a constitution of Indian people, without the interference of outsiders.
FORMATION OF THE CONSTITUENT ASSEMBLY
The Cripps Mission
Initially, the colonial authorities resisted the demand for creation of a Constitution of India. But with the change in the circumstances – the outbreak of the World War II and formation of the new Coalition (Labour-led) government in Britain, the British government was forced to acknowledge the urgency to solve the problem related to Constitution of Indians.
In 1942, the British government sent its cabinet member – Sir Stafford Cripps with the draft declaration on proposals (regarding formation of constitution for Indians) to be implemented at the end of the WW II provided both the Muslim League and the Indian National Congress had agreed to accept them.
The draft proposals of the Cripps Mission recommended the following:
Both the Indian National Congress and the Muslim League did not accept the proposals of the Cripps Mission. The Muslim League demanded that India should be divided on the communal lines and some provinces should form an independent state of Pakistan; and, there should be two Constituent Assemblies, one for Pakistan and another for India.
The Cabinet Mission
The British Indian government made several attempts to bridge the differences between the Indian National Congress and the Muslim League. But it was unsuccessful.
The British government sent another delegation of the Cabinet members, known as the Cabinet Delegation, which came to be known as the Cabinet Mission Plan. It consisted of three cabinet members – Lord Pathic Lawrence, Sir Stafford Cripps and Mr. A.V. Alexander.
The Cabinet Delegation also failed to bring the Indian National Congress and the Muslim League to an agreement. It, however, made its own proposal which was announced simultaneously on 16 May, 1946 in England as well as in India.
The Cabinet delegation made the following recommendations:
Election to the Constituent Assembly
Meanwhile, according to the proposals of the Cabinet Mission, the election to the Constituent Assembly was held in which members of both the Indian National Congress and the Muslim League were returned. The members of the Constituent Assembly were elected by the Provincial Legislative Assemblies.
However, differences between the Indian National Congress and the Muslim League arose on interpretation of “Group Clauses” of the Cabinet Mission.
The British government intervened at this stage and explained to the leaders in London that the contention of the Muslim League was correct. And on December 6, 1946, the British Government published a statement, which for the first time acknowledged the possibility of two Constituent Assemblies and two States.
As a result, when the Constituent Assembly first met on December 9, 1946, it was boycotted by the Muslim League, and it functioned without the participation of the Muslim League.
NATURE OF THE CONSTITUENT ASSEMBLY’S REPRESENTATION
It is often argued that the Constituent Assembly of India did not represent the masses of India because its representatives were not elected through the universal adult franchise. Rather they were indirectly elected by the restricted adult franchise confined to the elite sections of society – the educated and tax payers.
According to Granville Austin the reasons for the restricted franchise and indirect election to the Constituent Assembly members were spelled by the Cabinet Mission Plan. These were to avoid the cumbersome and slow progress in the process of Constitution making.
The Cabinet Mission provided for the indirect election to the Constituent Assembly by the elected members of the provincial legislature. The Indian National Congress agreed to this proposal of the Cabinet Mission forsaking the claim of adult franchise to hold election to the Constituent Assembly.
Despite having been elected through the restricted adult franchise, the Constituent Assembly represented different shades of opinions and religious communities of India. Austin observed that though there was a majority of the Indian National Congress in the Constituent Assembly, it had an “unwritten and unquestioned belief” that the Indian National Congress should represent social and ideological diversity.
There was also its “deliberate policy” that the representatives of various minority communities and viewpoints should be represented in the Constituent Assembly. The Constituent Assembly consisted of members with different ideological orientations, and three religious communities -Sikhs, Muslims and General (Hindus and all other communities like the Anglo-Indians, Parsis, etc).
In words of K. Santaram “There was hardly any shade of opinion not represented in the Assembly”. Majority of the Constituent Assembly members belonged to the Indian National Congress. It also included more than a dozen non-Indian National Congress members.
Some of these were A.K. Ayyer, H.N. Kunjru, N.G. Ayyanger, S.P. Mukherjee and Dr. B.R. Ambedkar. S.P. Mookerji represented the Hindu Mahasabha.
The Constituent Assembly included representatives from the Princely States as well. It needs to be underscored that Dr. Ambedkar was initially elected to the Constituent Assembly from Bengal as member of the Scheduled Caste Federation. But he lost this seat due to the partition of Bengal and was re-elected by the Bombay Indian National Congress (as a non-Indian National Congress candidate) at the request of the Indian National Congress High Command.
The Constituent Assembly sought to address concerns of every person irrespective of their social and cultural orientations. Before incorporating a provision in the constitution, it held elaborate deliberations. Thus, the members of the Constituent Assembly could overcome the limitations of having been elected by the restricted franchise.
The Constituent Assembly sought to accommodate universal values of democracy. The Constituent Assembly adopted several provisions from different constitutions of world and adapted them to the needs of India. In fact, Austin argues that while incorporating different provisions in the Constitution including those which were borrowed from other countries the Constituent Assembly adopted “two wholly Indian concepts” of resolving differences among its members, i.e., consensus and accommodation.
Most members of the Constituent Assembly participated in its proceedings. But these were twenty individuals who played the most influential role in the Assembly.
Some of them were Rajendra Prasad, Maulan Azad, Vallabhbhai Patel, Jawaharlal Nehru, Govind Ballabh Pant, P. Sitaramayya, A.K. Ayyar, N.G. Ayyangar, K.M. Munshi, Dr. B.R. Ambedkar and Satyanarayan Sinha. Though the Constituent Assembly was the sole forum where deliberations took place, yet the deliberations took place in coordination of three bodies – the Constituent Assembly, the Indian National Congress Party, and the interim government.
Some members of the Constituent Assembly were also members of other bodies at the same time. Austin said that “an oligarchy” of four – Nehru, Patel, Prasad and Azad had enjoyed unquestioned honour and prestige in the Assembly. They dominated the proceedings of the Constituent Assembly.Some of these were simultaneously in the government, Indian National Congress Party and the Constituent Assembly.
Prasad was President of Indian National Congress before becoming the President of the Constituent Assembly. Patel and Nehru were Prime Minister and Deputy Prime Minister respectively at the same time. They were part of the inner circles of the committees of the Constituent Assembly.
The Constitution Drafting Committee meticulously incorporated in the draft constitution the decisions of the Constituent Assembly. Dr. B.R. Ambedkar, chairman of the Drafting Committee played the leading role in drafting of the Constitution.
Acknowledging the pivotal role of Dr. Ambedkar, T.T. Krishnamachari, a member of the Drafting Committee, said in one of his speeches: “The House is perhaps aware that out of the seven members nominated by you, one had resigned from the house and was replaced. One had died and was not replaced. One was away in America and his place was not filled up, and another person was engaged in State Affairs, and there was a void to that extent. One or two people were far away from Delhi and perhaps reasons of health did not permit them to attend. So it happened ultimately that the burden of drafting this constitution fell upon Dr. Ambedkar and I have no doubt that we are grateful to him for having achieved this task in a manner which is undoubtedly commendable.”
Dr. Ambedkar on his part “gave much of credit” to S.N. Mukerjee – B.N. Rau’s and Ambedkar’s assistant, the Drafting Officer of the Assembly, “for the careful wording of the Constitution”.
THE ROLE OF THE CONSTITUENT ASSEMBLY IN THE MAKING OF INDIAN CONSTITUTION 1946-1949
The inaugural session of the Constituent Assembly was held on 9 December 1946. It was supposed to be attended by all 296 members but only 207 members could attend it because the Muslim League members absented from it.
As stated earlier, they had boycotted the Constituent Assembly. In this meeting, Acharya J.B. Kripalani requested Dr. Sachchidananda Sinha to be the temporary chairman of the House. The members passed a resolution on 10 December 1946 for election of a permanent chairman, and on 11 December 1946, Dr. Rajendra Prasad was elected as the permanent Chairman of the Constituent Assembly.
The Constituent Assembly divided its work among different committees for its smooth functioning. Some of the important committees were:
(a) Union Power Committee. It was chaired by Jawaharlal Nehru and had nine members;
(b) Committee on Fundamental Rights and Minorities. It had 54 members and Sardar Ballabh bhai Patel was its chairman;
(c) Steering Committee and its 3 members which included Dr. K.M. Munshi (chairman), Gopalaswami Iyangar and Bhagwan Das;
(d) Provincial Constitution Committee. It had 25 members with Sardar Patel as its chairman;
(e) Committee on Union Constitution. It had 15 members with Jawahalal Nehru as its chairman.
After discussing the reports of these committees, the Constituent Assembly appointed a Drafting Committee on 29 August 1947 under the chairmanship of Dr. B.R. Ambedakar. The draft was prepared by Sir B.N. Rau, Advisor to the Constituent Assembly.
A 7-member Committee was constituted to examine the draft. Dr. B.R. Ambedkar, who was Law Minister as well as chairman of the Drafting Committee piloted the draft in the Assembly. Dr. Ambedkar presented “Draft Constitution of India”. The “Draft Constitution” was published in February, 1948.
It was discussed by the Constituent Assembly clause by in its several sessions and was completed by October 17, 1949. This discussion was known as the second reading. The Constituent Assembly again met on 14 November 1949 to discuss the draft further or to give it a third reading.
It was finalised on 26 November 1949 after receiving the signature of the President of the Constituent Assembly. But it was January 26, 1950 which became the date of commencement of the Constitution.
SALIENT FEATURES OF THE CONSTITUION
The Indian Constitution has some salient features. These features give Indian Constitution a distinct identity. It is based on the features of different constitutions of the world. In the words of Dr. Ambedkar, The Indian constitution was prepared “after ransacking all the known Constitutions of the world”.
The chapter on Fundamental Rights is based on the American Constitution; the Parliamentary System has been adopted from the British Constitution; the Directive Principles of State Policy have been adopted from the constitution of Ireland; the Emergency provisions are based on the Constitution of Weimar (Germany) and Government of India Act, 1935.
The features which have been borrowed from other Constitutions have been modified in the light of the needs of our country. It is the longest written constitution. At the time of its formation, the constitution of India had 395 Articles and 8 Schedules. It ensures both Justiciable and Non-Justiciable Rights: Fundamental Rights and the Directive Principles of the State Policy.The constituent makers preferred universal adult franchise over the separate electorates.
Universal Adult Suffrage and Abolition of the Separate Electorate
After debating its draft list of Fundamental rights the Sub-Committee on Fundamental Rights did not recommend inclusion of all of them in the section III of the Constitution as the Fundamental Rights. Instead, it suggested that these should be incorporated in other places in the Constitution.
One such example is that of the Universal suffrage, and Secrete and periodic elections. The sub Committee agreed unanimously in favour of the Universal suffrage but suggested that it should not be part of the Fundamental Rights.
Accordingly, it was placed in the Article 326 of the Part XV on election.The word “universal”, however, is missing from the Article 326. But the fact that every adult citizen of the country is entitled to vote makes it practically a universal adult franchise.
In fact, before Indians really got the right to universal adult franchise, the prominent leaders of the Indian National movement strove for the abolition of the separate electorate in favour of the joint electorate.
The British had sought to continue separate electorate in India since the Morley-Minto reforms, 1909 till the Communal Award of 1932 in the Constitution.
The Communal Award aimed to accord separate electorate for Muslims, Europeans, Sikhs, Indian Christians and Anglo-Indians. It also provided for seats for the Depressed Classes which were to be filled in elections from special constituencies. In such constituencies only the depressed classes could vote.
In addition, the depressed classes were also entitled to vote in general constituencies. Gandhi opposed the recommendation of the notion of separate electorate for the depressed classes. In opposition to the proposal for separate electorate, he set on fast unto death in September 1932. Gandhi’s fast evoked opposition from Ambedkar. However, both Gandhi and Ambedkar reached compromise in Poona Pact.
According to the Poona Pact, seats were reserved for the depressed classes in the general constituencies. This resulted in the abolition of the separate electorate.The abolition of separate electorate got reflected in the reservation of seats in the legislative bodies Constitution.
CONCLUSION
The making of Indian Constitution largely consisted of two phases – 1858 to 1935 and 1946 to 1949. With the transfer of power from the East India Company to the British Crown, the British government introduced different elements of governance through different Acts.
These also included the elements of representation of Indians in the institutions of governance. The motive of the British to introduce them was to serve their colonial interests rather than to provide democratic rights to them. The provision for communal representation introduced through the Morley-Minto Reforms in 1909 and through the Communal Award in 1932 was opposed by the leaders of the Indian National Movement.
Gandhi’s fast resulted in the Poona Pact abolishing the separate electorate and in giving the reservation to the depressed classes in the provincial legislature. After the Indian National Congress emphasized the need for making of a Constitution of India by their own Constitient Assembly, the changed political situation following the Second World War and change of government in Britain, the British reluctantly realized the urgency for establishment of the Constituent Assembly of India for Indians.
The Constituent Assembly which was set up following the recommendations of the Cabinet Mission Plan was elected through the restricted adult franchise by the provincial assemblies. Despite having elected by the privileged sections of the society, the Constituent Assembly represented different shades of opinions and ideologies.
It also represented different social groups of India. The Constituent Assembly discussed all issues thoroughly before reaching decision on them. The decision and suggestions of different sub-Committees of the Constituent Assembly were finally incorporated in the Constitution of India.
The Constitution of India is a document which provides a vision for social change. The Constitution is an embodiment of principles of liberal democracy and secularism, with some elements of social democracy. It ensures protection of cultural, linguistic and religious rights of individuals and communities.