Speech of Mrs. Hansa Mehta
Mrs. Hansa Mehta of Bombay gave her speech in support of the resolution. But she raised point of rights of women in the independent India. She said, “The Indian woman has been reduced to such a state of helplessness that she has become an easy prey of those who wish to exploit the situation.” She did not asked for privileges, reserved seats, quotas or separate electorates, but demanded for social justice, economic justice and political justice. She asked for mutual respect and for real co-operation as women form half of the population of any nation. She added, “This ancient land cannot attain its rightful place, its honoured place in this world without the co-operation of women.” She supported the resolution.
Speech of P R Thakur
P R Thakur of Bengal gave his speech in support of Resolution. As Dr. Ambedkar did not said anything about the depressed classes, so Thakur talked on behalf of Scheduled Castes in general of India. The document extended hopes to the minds of the people of India for freedom. As all Hindus and Muslims had to live in this country, they had to solve their differences amicably by this or that way. He requested to consider Scheduled Castes as minority with separate political entity, although overall population of Scheduled Castes across whole India at that time was about 60 million.
Cabinet Mission Plan did not mentioned depressed classes as minority, but after going back to England, they had given new statements in press conference that depressed classes should be considered as minority. Same statements were given in debates of House of Commons and House of Lords. If status of depress classes would be changed to minority, then there would not be any difficulty in framing a constitution. The depressed classes want representation on population basis in the Legislatures of Center, States and Provinces. Normally they didn’t claimed for weightage, but if any weightage s given to any community, same should be given to depressed classes in proportion. He claimed that depressed classes had not came to India from outside as conquerors and he included Muslims and Caste Hindus as outsiders. He assured that depressed classes would fight tooth and nail to maintain the integrity of India intact. People of depressed classes of Bengal had repudiated to take away Bengal and Constitute into Pakistan. He then mentioned that Muslim League in Bengal trying to get support of Muslim League by joisting leaders of their choice over them and they were doing this to pave the way for Pakistan. Some of depressed class people were in support of Muslim League, but majority depressed class was not supporting them at that time. Dr. Ambedkar in past said to Thakur that there would be a civil war before India could get freedom and then Thakur added that the depressed classes would be very glad to meet that civil war, in fact they were ready to face it.
Speech of Alladi Krishnaswami Ayyar
Alladi Krishnaswami Ayyar of Madras gave his speech. Dr. Jayakar raised several points in support of his amendment, although some of those arguments were noted to be inconsistent with one another. First, he contended that the Constituent Assembly was only authorized during that session to determine the order of business, arguing that the Cabinet Mission’s statement did not allow for any other transactions before the assembly resolved itself into its respective sections. Second, he questioned whether the assembly had the authority or the wisdom to pass a resolution before the representatives of the Muslim League had decided to participate. Finally, he argued that it might not have been appropriate for the assembly to pass such a resolution before the representatives from the Princely States had joined the proceedings.
Then Ayyar gave explanation to all these points raised by Dr. Jayakar. Cabinet Mission Plan was not in the nature of a Statute which purported to lay down every detail as to the steps taken by the Constituent Assembly in the matter of framing a Constitution of India. Resolution was framing directing objective, which did not in any way involve the deviation of Assembly from the main principles of the Cabinet Statements.
There was nothing in the terms of the Resolution which either Muslims or the States can take exception if they decide to come in. In fact, neither of these two parties would have a place in that assembly unless they subscribed to the objective of an independent India. The Statement of the Cabinet Mission, in so many terms, declared that the new independent India might choose to be a member of the British Commonwealth or not and in any event they expressed the hope that India would remain in close and friendly association with the British people. Cabinet Mission Plan was definitely committed to a single Indian Union. It was only if the Muslim League subscribed to the article of a single Indian Union that the Members of League had or could have any place in the Constituent Assembly.
Similar was the condition for the States, the States or their representatives had a place in that Assembly only if they subscribed to the creed and article of an Independent India and if they were committed to the task of framing a constitution for an independent India. They must had chosen to be constituent parts of an independent India or not. The Assembly had stated to function as members had elected Chairman, rules of business were under progress, etc. He asked, “Is there any logic in the argument that the Assembly must not formulate its objective until some other party comes in or can come in?” India could not be a monarchy ad the executive head of the Union could not be a hereditary monarch of any faith – Hindu, Muslim or Sikh. The executive head could only be an integral part of a Republic Constitution. There was no substance either in the objection raised on behalf of the States in certain quarters outside the House to Para 4 of the resolution. The constitution of a sovereign independent India was the concrete expression of the will of the people of India as a whole conceived of as an organic entity and even in regard to the units themselves, the authority of the rulers can rest ultimately only on the will of the people concerned.
Dr. Ambedkar raised issue of non-reference to groups. Ayyar countered that issue by pointing out that the formation of groups was not an essential part of the constitutional structure given under the Cabinet Mission Plan. There should be a Union of India dealing with certain subjects other than the Union subjects and residuary powers should vest in the Provinces and in the States. Then finally he asked Dr. Jayakar to withdraw the amendment unless he had very strong conscientious objection to the course suggested.
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 11
CAD: Pledge to Proclaim Independence of India: Part 12
CAD: Pledge to Proclaim Independence of India: Part 13
Bookmark this site for more such informative articles related to law and legal history. Share it on your social circles and don’t forget to comment your opinion to shape the ongoing law making process.
Read your own Dhrama Granthas.
