Speech of R R Sidhwa
R R Sidhwa of CP and Berar said that the demand by the Indian National Congress for framing a Constitution for free India was an accomplished fact. Although lot of threats were being thrown by the Britishers in House of Commons and House of Lords in England for non-presence of League, the Assembly should continue its work of framing the Constitution. To eradicate poverty and to make this country happy, the constitution should be based on socialist principle. Para (3) of resolution safeguarded the rights of minorities. Para (4) was providing for residuary powers, based on the decision of the Congress taken in August 1942. This was done to allay the fears of the Leaguers. Although many of the Assembly members were in opposition of residuary powers being vested in the provinces, they were provided in the resolution to allay the fears of the League. It was the Congress, the biggest party of Hindus at that time, came forward to safeguard the interests of the minorities. As Britishers were demanding unreasonably, that might convert the majority into minority community, then it would not be accepted by the Assembly. The Para (4) was framed to respect the feelings of Muslims. As false and mischievous statements and speeches were given by the Britishers in Parliament of England, by raising questions of minorities, they were raising usual bogey of communal disturbances.
When the delegation came in India, they were in a different mood because there were political riots. The army, the navy and the air force were in revolt before they came. As their days in India were numbered, they had started making India as capital of communal disturbances in their statements and speeches. The British Government had told the Assembly that if they did not frame the constitution according to their interpreting clause 15, it should not be forced upon the minority community. Sidhwa was from Parsis community, which was very small in India. 1300 years ago when Parsis were driven away from Iran, and they were wondering in the sea for three months, only the Jadhwa Rana of Sanjan in Gujrat gave them shlter. Thus this land and people of this soil welcomed everyone with open arms. Parsis had contributed in political, industrial and educational sectors. The Parsis were pioneer of introducing female education in charitable organization like hospitals. Parsis were not at all having any problem with Hindus, as majority Hindu never forgot them.
Parsis were forced by the British people to demand for separate electorates, but they refused. The mischief of separate electorate was forced for the purpose of upholding British rule in this country. 30 years ago, the then Commissioner of Sind called some of the Muslims and told them secretly to give a representation demanding separate electorates. Similar representation was given by Muslims. Thus communities were divided by British rulers. As the British rulers were playing mischievously to disturb the working of the Assembly, the House should proceed at that juncture. Sir Stafford Cripps or the Secretary of State were telling Jinnah that he would get the interpretation of particular clause as he want. When delegation of Cabinet Mission was in India, they discussed, investigated and concluded that Pakistan was neither feasible practicable not advisable. But in British Parliament, the British members had no said any singly word to Jinnah to stop making speeches of pernicious, poisonous propaganda of Pakistan. Jinnah always reiterated the story of Pakistan in his speeches, in press conferences and in his statements even after State paper of 16.5.1946 was accepted by the Congress, which was based on the equal opportunities to all.
The first session of the Assembly was summoned by the Governor General of India on 9.12.1946 and on the same day Muslim League was intentionally invited to London by Britishers for a meeting. This was intentional to keep Muslim League away from the Constituent Assembly, which fertilized the partition of India. Although the Secretary of State said that Indian representatives might go to the Federal Court, but the British Government was not bound by any decision of the Court. Muslim League was remaining out as they wanted that the British people to tell Assembly members that even if they assemble there and frame a constitution it would not be implemented. Hence Assembly should continue its work and prepare a Constitution which would be one to be proud of.
Speech of Biswanath Das
Biswanath Das of Orissa, now renamed as Odisha, supported the resolution moved by Jawaharlal Nehru. He divvied the resolution in four parts. First part contained the main objective for which whole India was fighting. Second part referred to the territorial jurisdiction of a free, independent republic of India including land, air and sea. Third was the declaration to derive power and authority from the people while the fourth was important for safeguards of tribal areas and the rest.
The amendment moved by Dr. Jayakar was not in opposition of the said resolution, as it only sought to adjourn its consideration for a month. Dr. Ambedkar objected the absence for provision of grouping. In response to this Das said that the omission of the word ‘grouping’ need not be taken seriously, as there was nothing against grouping in that resolution. As per Para 19(5) of the Cabinet Mission plan Sections were to decide whether any group constitution should be set up. Working Committee of the Indian National Congress had gave an alternative proposal regarding this. The Cabinet Mission criticized that proposal and their comments were n Para 14(2) of the Cabinet Mission Plan. “Under, this scheme, if the Provinces wish to take part in any economic and administrative planning on a large scale, they would cede to the Centre optional subjects in addition to the compulsory ones mentioned by them.”
In response to the representation of Congress British Cabinet Mission mentioned that, “it would be very difficult to work a central executive and legislature in which some ministers who deal with compulsory subjects are responsible to the whole of India, while other ministers who deal with optional subjects would be responsible only to those provinces.” and ruled out the suggestion of Congress. He pointed out that it would be very difficult for small provinces to rise to their full stature if they did not have guidance of Centre. Congress accepted the division of India into linguistic provinces means creation of a number of small provinces in Section A. This would put to the greatest handicap if they had to make their own plans. Under these circumstances provinces would cede all the connected powers to the Centre. Hence there should be no objection. Hence the word ‘group’ was omitted to keep the door open for future opportunities to resolve the real problems of these small provinces of Section A.
The resolution was objected by the Negotiating Committee of the Secretary of the States, firstly for use of words ‘independent sovereign republic’ and secondly their objection was centered round the fact that derived from the people. Para 14 of the Cabinet Mission’s Statement laid down that after the withdrawal of Britain, paramountcy would disappear. In Britain the Parliament derived its power from the people of Britain, hence there should not be any objection to this second issue to derive power from the people of India. He further said, “After the withdrawal of Britain, there is no reason for anyone to think that India would think any other form of State than a republic. A republic does not necessarily mean the wiping off the States.”
Conservative Party of Britain had pushed the discussion on India aggressively on British Parliament. Most of the leaders and members of the Conservative Party contributed to the discussions. They had stated that the House was a Caste Hindu Constituent Assembly. Representatives of the minority communities in India had already given their reply to thus unwarranted suggestion and other representative would also give the reply for burial of such propaganda of British people. Representatives of Hindu majority, Hindu minority in Muslim majority, Scheduled Castes, Christians, Sikhs, Parsis, Anglo Indians, Muslims not barred by Muslim League, Tribal and partially excluded areas were present in that unique Constituent Assembly of India, except Muslim League only, and hence using the platform of British Parliament by some people to push propaganda of Caste Hindu Institution was unfair and unfortunate. It was surprising that a statesman like Jinnah should have fallen into the trap of Conservatives and particularly that of Mr. Churchill.
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 7
CAD: Pledge to Proclaim Independence of India: Part 8
CAD: Pledge to Proclaim Independence of India: Part 9
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