PAK-STUDIES NOTES-GRADE 9th

Chapter # 2 – Historical Background (1857-1935)

2.2       Attempts at Constitutional Reforms

2.2.1 Discuss the Major Acts/Events Contributing Towards the Constitutional Reforms in the Subcontinent.

• Morley-Minto Reforms 1909
• Reversal of the Partition of the Bengal 1911
• Lucknow Pact 1916
• Montague Chelmsford Reforms 1919
• Simon Commission 1927
• Nehru Report 1928
• Jinnah’s 14 Points 1929
• Round Table Conference 1930-32
• Government of India Act 1935

Majors Acts and Events Contributing Towards the Constitutional Reforms in India

The constitutional reforms in the Indian subcontinent were influenced by several significant acts and events that shaped the political landscape and led to the evolution of the constitutional framework.

Morley-Minto Reforms (1909)

The Morley-Minto Reforms, also known as the Indian Councils Act of 1909, were significant constitutional reforms introduced by the British government in India. They were named after Lord Morley, the Secretary of State for India, and Lord Minto, the Viceroy of India at the time.

Key features of the Morley-Minto Reforms include:

1. Introduction of Elections: The reforms introduced the principle of election for membership to both the imperial and local councils for the first time in Indian history. This marked a significant departure from previous practices where members were mostly appointed by the British authorities.
2. Expansion of Council Membership: The reforms led to an increase in the number of members in both the Imperial and Central Executive Councils. However, the number of non-official members remained fewer compared to the official members directly appointed by the British.
3. Advisory Role: Despite the increase in membership, the councils were not granted decision-making powers. Their role was purely advisory, allowing them to discuss important matters and provide recommendations to the government.
4. Provincial Councils: The reforms also included an increase in the number of members of the provincial councils. Larger provinces were allotted 50 members, while smaller provinces were assigned 30 members for their councils.
5. Response to Muslim Demands: The Morley-Minto Reforms addressed some of the demands put forth by the Simla Deputation in 1906. Notably, the government provided separate electorates to Muslims in 1909 as part of these reforms.

Reversal of the Partition of Bengal (1911)

King George V announced the annulment of the Bengal Partition during a durbar in Delhi on his visit to India in December 1911. The decision to reverse the partition resulted from the intense opposition of Bengali Hindus, leading to chaos and lawlessness, which posed challenges for British rule in Bengal. While Muslims had initially supported the partition and allied with the British, they felt betrayed by the reversal, as it demonstrated a disregard for the promises made by the British government. This betrayal eroded the trust of Muslims in the government, leading to a loss of faith in British policies.

Lucknow Pact (1916)

The All-India Muslim League initially aimed for friendly relations with the Crown but shifted stance due to the annulment of the Bengal partition. In 1913, new leaders, including Muhammad Ali Jinnah, joined to bridge gaps between Muslims and Hindus. Jinnah’s efforts led to joint annual sessions of the League and Congress in Bombay in December 1915, marking a historic occasion. Subsequent collaboration resulted in the Lucknow Pact of December 1916, confirming agreements on legislative composition and community representation. Sarojini Naidu hailed Jinnah as “the Ambassador of Hindu-Muslim Unity” for his role in this pact.

The key provisions of the Lucknow Pact included:

1. Establishment of self-government in India.
2. Granting Muslims one-third representation in the central government.
3. Implementation of separate electorates for all communities, with the option for joint electorates if demanded by a community.
4. Adoption of a system of weightage.
5. Increase in the number of members of the Central Legislative Council to 150.
6. Election of four-fifths of provincial Legislative Council members and nomination of one-fifth.
7. Ensuring a minimum strength of 125 members in major provinces’ legislatures and 50 to 75 in minor provinces.
8. Direct election of all members (except nominees) based on adult franchise.
9. Requirement for a bill concerning a community to have the support of three-fourths of its members in the Legislative Council to pass.
10. Five-year term for the Legislative Council.
11. Members of the Legislative Council to elect their president.
12. Half of the members of the Imperial Legislative Council to be Indians.
13. Abolition of the Indian Council.
14. Payment of the Secretary of State for Indian Affairs’ salaries by the British Government, not Indian funds.
15. Ensuring one Indian among two Under Secretaries.
16. Separation of the Executive from the Judiciary.

While this period of Hindu-Muslim Unity lasted only eight years before collapsing due to differences arising from the Khilafat Movement, it remains a significant event in South Asian Muslim history. It marked the first instance of Congress recognizing the Muslim League as the political representative of the Muslim community in the region. By agreeing to separate electorates, Congress effectively acknowledged Muslims as a distinct nation, thereby implicitly accepting the Two-Nation Theory.

Montague-Chelmsford Reforms (1919)

During World War I, the British advocated for global democracy, prompting Indian demands for democracy within their own country. In the August Declaration of 1917, Montague, the Secretary of State for Indian Affairs, acknowledged these demands and expressed the British government’s intention to provide greater representation to Indians. Following his visit to India and consultations with various stakeholders, Montague, in collaboration with Governor General Lord Chelmsford, presented a report on constitutional reforms in 1918. This report was later approved by the British Parliament, resulting in the enactment of the Montague-Chelmsford Reforms of 1919.

The Act of 1919 encompassed the following key provisions:

1. The Secretary of State’s Council was to comprise eight to twelve members, with three being Indian and at least half having spent a decade in India.
2. The Secretary of State was mandated to heed the advice of the council, with some expenses covered by the British Government.
3. The Secretary of State was barred from intervening in provincial administrative matters concerning ‘Transferred Subjects’ and areas of agreement between the Governor General and his Legislative.
4. The Governor General had authority to appoint members to the Executive Council, requiring a minimum ten years of service in India.
5. The Central Legislature comprised two houses: the Council of the State and the Legislative Assembly.
6. The Council of the State consisted of 60 members, 33 elected and 27 nominated by the Governor General.
7. The Legislative Assembly consisted of 144 members, 103 elected and 41 nominated by the Governor General.
8. Limited franchise was established.
9. Terms for the Upper House were five years, while the Lower House served for three years.
10. Both houses possessed equal legislative powers, with ties resolved by majority vote in a joint meeting convened by the Governor General.
11. The Executive Council was not answerable to the Legislature, and the Governor General could reject its advice.
12. Provincial Legislatures were to be unicameral, with seventy percent of members elected and thirty percent nominated.
13. Governors were guided by ‘Instrument of Instructions’ in their administrative duties.
14. The System of Diarchy was implemented in the provinces.
15. Besides Muslims, other minorities including Sikhs, Anglo-Indians, Christians, and Europeans were granted the right to separate electorates.
16. New reforms were to be introduced every decade.

The Montague-Chelmsford reforms were largely rejected by many in India as they did not meet the expectations of the Indian population.

Simon Commission (1927)

In 1919, the Government of India Act said that after ten years, a group would be chosen to review the Montagu-Chelmsford changes and suggest any needed updates. But many people in India weren’t happy with these changes, thinking they didn’t go far enough. Then, in 1927, under Viceroy Lord Irwin, the British made a seven-person team led by Sir John Simon to look into Indian law matters and suggest changes. Indian leaders asked for some of their own people to be part of the team, but it was made up only of British members. When it arrived in Bombay on February 3, 1928, Indian leaders decided to not cooperate with the team. Even though Viceroy Lord Irwin asked them to work together, Lala Lajpat Rai presented a plan during the February 1928 budget meeting to boycott the team, and many people agreed. This boycott showed a big divide in the Muslim League, with different groups having different ideas. Even though many people were against it, the Simon Commission kept doing its job, and there were protests all over India, including one big fight in Lahore where Lala Lajpat Rai died. Finally, in April 1929, the Commission finished its tour and gave its report.

The Simon Commission’s recommendations included:

1. Abolishing the diarchy system in the provinces and transferring all portfolios to provincial ministers.
2. Reducing the power of the central government and provincial governors.
3. Introducing a federal system of government in India.
4. Extending the right to vote to more people.
5. Forming an expert committee to consider the separation of Sindh from Bombay, pending a detailed financial inquiry.
6. Neglecting the demand for equal status from the frontier.

The report faced rejection from Muslims, Hindus, and elected members of the Indian legislative assembly.

Nehru Report (1928)

In 1919, the British Government planned to introduce new reforms in India every decade. Consequently, the Simon Commission was dispatched to India in 1927. However, most Indian political parties boycotted the Commission due to its lack of Indian representation. The British then challenged Indian politicians to draft a unified constitution. In response, an All-Parties Conference convened in Delhi in January 1928, but failed to resolve minority rights issues. Subsequent sessions in March and May of the same year also fell short. Finally, in August 1928, the Nehru Committee, chaired by Motilal Nehru, presented its report on the future constitution of India during the fourth session of the All-Parties Conference.

The Committee emphasized the necessity of complete Swaraj and put forth the following demands:

1. India should be granted Dominion Status with a Parliamentary form of Government.
2. A bicameral legislature comprising a Senate and a House of Representatives should be established. The Senate, with two hundred members elected for seven years, and the House of Representatives, with five hundred members elected for five years, were proposed.
3. The Governor-General should act on the advice of the executive council, which would be collectively responsible to the parliament.
4. A Federal form of Government in India with Residuary powers vested in the Centre was advocated.
5. The report rejected separate electorates for minorities, advocating instead for a joint electorate to avoid arousing communal sentiments.
6. The system of weightage for provinces should not be adopted.
7. There should be no reserved seats for communities in Punjab and Bengal, except where the Muslim population exceeded ten percent.
8. The judiciary should be independent from the Executive.
9. One-fourth Muslim representation at the Centre was proposed.
10. Sind should be made a separate province if financially self-sufficient, and reforms should also be introduced in NWFP.

The Nehru Report was not accepted by Muslims, and both Muslim members of the Committee, Syed Ali Imam and Shoaib Qureshi, did not sign it. Jinnah, representing the Muslim League, proposed four amendments during the fourth session of the All-Parties Conference:

1. One-third Muslim representation in the Central Legislature.
2. Reserved seats for Muslims in Punjab and Bengal based on population if adult suffrage was not established.
3. A Federal form of constitution with residuary powers vested in the provinces.
4. Immediate separation of Sind as a separate province, with reforms to be introduced in NWFP and Balochistan.

However, Jinnah’s proposals were rejected in the All-Parties Conference, with the majority vote favoring the Nehru Report. The Congress demanded that the government enact a constitution by December 31 in line with the Nehru Report’s recommendations, threatening to initiate a mass movement for Swaraj if not fulfilled. Additionally, January 26 was designated as Independence Day. Jinnah viewed this as a “parting of the ways,” realizing that the Hindu mindset in India was inclined toward marginalizing the Muslim minority.

Jinnah’s 14 Points (1929)

Jinnah responded to the Nehru Report with his Fourteen Points, asserting that any future constitution for India must safeguard the interests of Muslims. The points aimed to defend the rights of Muslims and included:

1. Adoption of a federal form of constitution with residuary powers vested in the provinces.
2. Granting uniform autonomy to all provinces.
3. Ensuring adequate and effective representation of minorities in all legislatures without diminishing the majority in any province.
4. Allocating not less than one-third of seats to Muslims in the Central Legislature.
5. Continuation of separate electorates for communal representation, with the option for communities to switch to joint electorates.
6. Maintenance of Muslim majority in Punjab, Bengal, and NWFP despite any territorial redistributions.
7. Guaranteeing full religious liberty for all communities.
8. Requirement for three-fourths majority support from any community before passing bills or resolutions affecting that community.
9. Separation of Sind from the Bombay Presidency.
10. Introduction of reforms in NWFP and Balochistan on par with other provinces.
11. Ensuring Muslims have a fair share in state services and local governing bodies.
12. Incorporating safeguards for Muslim culture, education, language, religion, personal laws, and charitable institutions in the constitution.
13. Mandating that at least one-third of ministers in any cabinet, central or provincial, must be Muslim.
14. Requiring the concurrence of Indian Federation states for any constitutional changes by the Central Legislature.

The Muslim League emphasized that no constitutional solution would be acceptable unless it incorporated these fourteen points.

Round Table Conference (1930-32)

The three Round Table Conferences held from 1930 to 1932 aimed to shape India’s future constitution based on input from Indian leaders. The Indian Act of 1919 promised reforms by 1929, leading to plans for the 1929 Act. However, in 1927, the British Government formed the Simon Commission to draft the upcoming constitution, leading to widespread Indian resentment due to the lack of Indian representation. The Congress demanded a clear declaration from the British Government that the conferences would focus on drafting a scheme for Dominion Status for India. On June 19, 1930, British Prime Minister Ramsay MacDonald called upon Indian leaders to attend these conferences. On March 13, 1930, Gandhi initiated the Civil Disobedience Movement for complete independence, though Muslim leaders refrained from participating due to concerns about Hindu exploitation of Muslim demands. Muhammad Ali Jinnah had proposed a solution to the British Prime Minister to settle the issue in London. When the first Round Table Conference began, both Gandhi and Jawaharlal Nehru were in jail. Despite the presence of representatives from various Indian states and parties, except for the Indian National Congress, discussions failed to reach a consensus. The first conference concluded on January 19, 1931, with Lord Irwin deciding that the absence of Congress leaders hindered the decision-making process. Upon their release from jail on January 25, 1931, Gandhi and his colleagues signed the Gandhi-Irwin Pact. The Second Round Table Conference, held from September 7, 1931, to December 1, 1931, stirred more controversies. Gandhi, attempting to address issues of federalism and minority rights, appointed himself as a member of both committees but failed to resolve the issues. The British Government then introduced the Communal Award on August 16, 1932, which caused further divisions, particularly among the All-India Muslim League. The Third Round Table Conference, from November 17, 1932, to November 24, 1932, saw the Congress and Labor Party abstaining from participation. Ultimately, the conferences failed to achieve significant success due to various conflicts. Consequently, the British Government issued a White Paper based on the recommendations, which was later handed over to a Select Committee. On July 4, 1935, a new constitution of India was approved by both Houses of Parliament.

Government of India Act (1935)

The Round Table Conferences ultimately failed to achieve their goals. However, based on their suggestions, a white paper was issued in 1933, leading to efforts to draft the constitution of India. A committee chaired by Lord Linlithgow, the Viceroy of India, was formed to consider the recommendations of the white paper. The committee’s report, along with a bill, was published in 1934 and passed in the British Parliament, becoming the Government of India Act 1935.

The Government of India Act 1935 comprised two parts: central and provincial. It consisted of 14 parts and 10 schedules, with several notable features:

1. The Act established a bicameral legislature, comprising the Indian Legislature Assembly and the Council of State. The Council of State, as the upper house, was permanent, with one-third of its members retiring every three years. However, laws passed by the Assembly could be vetoed by the Governor-General, limiting its independence.
2. The Federal Budget was divided into non-votable and votable parts, with only the latter subject to discussion or amendment in the Federal Assembly.
3. Provinces were granted more autonomy and powers, becoming separate entities for the first time.
4. The system of Dyarchy was abolished in the provinces but introduced in the center.
5. The Act delineated three lists of subjects: federal, provincial, and concurrent.
6. The country was divided into 11 provinces.
7. Both the Governor-General and provincial Governors were granted special rights and privileges, including unlimited powers during emergencies.
8. A Federal Court was established, comprised of a Chief Justice and six other judges, with mandatory retirement at age 65. The court could interpret the constitution and provide advice to the Governor-General, although the acceptance of such advice was at his discretion.
9. The Act abolished the Indian Council, which was created to assist the Secretary of State for India.

Despite its enactment, the Government of India Act 1935 faced criticism from various quarters. Both the Muslim League and the Indian National Congress expressed dissatisfaction, with leaders like Madam Mohan and Pandit Jawaharlal Nehru criticizing its provisions. Muslim leader Muhammad Ali Jinnah deemed the scheme fundamentally flawed and entirely unacceptable.