CAD: Pledge to Proclaim Independence of India: Part 9

Debates of 18^th December 1946

As the resolution to proclaim India as Independent Nation was presented in Constituent Assembly by Nehru, in absence of Muslim League, the debate over that resolution was taking place consecutively on fourth day from presentation of the same of 13^th December 1946. But before continuing to the debates, Assembly discussed on “Programme of Business”. The discussion on the Programme of Business are explained in other part separately so that everyone could understand it chronologically. Let us continue to summarize and note down important things from speeches of various members on the Resolution moved by Nehru, mentioned as Resolution of Aims and Objects in the Constituent Assembly Debates database.

Speech of Rev. J. J. M. Nichols-Roy

Rev. J. J. M. Nichols-Roy of Assam gave his speech in support of Resolution moved by Nehru. To get independence of India was the desire of every Indian, and the Resolution resolves to proclaim the independence of India. The Constitution to form democratic Republic form of Government was also a good point in the said resolution, which was also desire of people. The resolution aimed to envisage Constitutional monarchies within the territory of India, having democratic form of Government. The para describing territories was compressive enough. Autonomous units would remain autonomous units together with residuary powers, could exercise all powers and functions of government and administration, except powers assigned to the Central Government.

The idea of sections introduced in Cabinet Mission was a bad idea as certain Province would be outvoted by the Majority of members of another Province. He pointed out this specifically in connection with Assam which was a non-Muslim Province. Assam was represented by 7 non-Muslim representatives in the Assembly and 3 representatives were Muslims from Muslim League, who were absent in that session. In Bengal there were 27 non-Muslim and 33 Muslim representatives. If Assam was brought into a Section with Bengal, then there would be 36 Muslims and 34 non-Muslims and if voting in that Section would be by a majority vote, a simple majority vote would be of Muslims and hence the Constitution of Assam would be framed by Muslim League. This was the point of concern. People of Assam never thought that the Constitution would be framed by Muslims and it was considered unjust by the Assam people.

Then he gave reference of the public meeting held at Shillong in June 1946, for discussion of the Cabinet Mission. As per the plain meaning of the Para 15(v) of Cabinet Mission’s declaration, the grouping was optional to each province. But His Majesty interpreted the same in the opposite manner as explained above. When Cabinet Mission was here in India, they were influenced by the opinion of people of India, but when they gone back to England, they changed their mind in influence of Conservative Party there which was the backing force of Jinnah. They had changed their opinion altogether. There was nothing in any of their declarations, in any of their writings that said that the vote in the Sections would be by a simple majority vote. Then Roy said, “The principle of driving by force a non Muslim province to come under a Muslim Province is absolutely wrong. Mr. Jinnah has forced His Majesty’s Government to commit this great injustice to our Province, and we feel, Sir, that we shall have the sympathy and support of this august body, that our Province may not be driven to that pitiable condition.”

Then he roared at British Parliament members, “We shall, as far as practicable, implement your recommendations, but we shall, like responsible persons, be free to deviate from them whenever we find it is impracticable and unjust to carry out literally to the letter any of your recommendations. We shall frame a constitution which will do justice to all minorities and which shall not overlook any community. If the members of the Muslim League will co-operate, we shall heartily welcome them. After we have finished framing the constitution, the whole of India will get the opportunity to, see what kind of constitution this Constituent Assembly has framed; we request you, British gentlemen, not to, make speeches in Parliament which will suggest revolutionary activities in India. Kindly co-operate with us quietly until we finish our work, and then judge our work.”

For governance purpose in every autonomous Provinces there would be units therein which would be self-governing and which would be connected with a Province. As per political justice given under Para (5), every community would get representation in the legislatures and administration of the country, hence no community should fear, as the Assembly would look after their interests.

There was a propaganda made in this country by some parties that when there would be self-government in India, some religious faiths would not be allowed to propagate their faith. There would be provision in the Constitution of India for freedom of all religious faiths and for the propagation of those faiths. There was provision of association of action, law and public morality.

As India was also no an exception to difficulties, just like that Canada, Australia, and United States, Assembly had to go on framing its Constitution, because initially in those countries some parts were not included in their respective Constitutions, and were added afterwards. After completing all the work of the Constitution the same should be presented before the people and the world, then only British government would have right to criticize the Constitution of India, before that they should not try to prejudge what the Assembly would do and thus cause obstruction to its work.

Viscount Simon said in House of Lords that the constituent Assembly might threaten India with a Hindu Raj. When Roy was in western countries, he saw that some people of those countries had an idea that a “Hindu is the man who is steeped in his caste system and who worships a cow.” If by ‘Hindu’ meant people live in India, surely Assembly should have constitution for the people India made by the people of India. At that time some people did not want to come in Constitution, but they would come in future, and make this Country one united country, with a democratic form of government. Then he requested all the members to pray the God to remove these hindrances, in the way of Gandhi.

Note: This article is completely based on Constituent Assembly Debates and only for knowledge purpose.

Read Previous Parts

CAD: Pledge to Proclaim Independence of India: Part 6

CAD: Pledge to Proclaim Independence of India: Part 7

CAD: Pledge to Proclaim Independence of India: Part 8

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