Constitutional reforms in
subcontinent
Early phase in a nutshell
The story beings from early 1600 century when Mughal Empire
were not doing for what they were known for. The empire was falling in every
aspect, in terms of development, science and modern education. It was the time
when Britain’s were at their peak. They were seeking knowledge, inventing
modern equipments and were revolutionizing the world with amazing discoveries.
They travelled around the globe discovered new places and
settled there with their colonies and that was when the European explorer Vasco
Da Gama discovered subcontinent, a place that was rich with minerals, its land
was productive and full of natural resources. Through their political approach
they succeeded to colonize subcontinent and rule over it for over 200 years.
During these two hundred years, the people of subcontinent
had to go through many hardships. They were compelled to fight for their rights
on their own land, they were ruled but were not allowed to take decision
regarding their own affairs in the area. The Muslim Empire of the time was
completely demolished and was defeated by the army of Brittan who were few in
number but disciplined and were equipped with modern ammunition and equipments.
The system was totally hijacked and every organ of the government was out of
reach for the locals.
Brittan’s were industrializing Europe, industries and
factories were built allover in Europe and to full fill the raw material
demands, they started services and transportation of goods from subcontinent. Full
filling their demands was their main aim and the locals had no clue when they
will get their land back.
This even led to war of war of independence in 1857 and
locals had to face defeat. Muslims had to face isolation and were blamed the
only responsible community behind the war meanwhile in reality all the
communities including Hindus were equally responsible for the war fought
between Brittans and locals. This was the time when legends like Sir Sayeed
Ahmad Khan and Quaid-e-Azam came into the sight, who took responsibility on
their shoulders and were determined to serve and acknowledge the locals. They
understood the ground reality that everyone had their own interests and Muslims
were suffering and were endeavoring to get back the rights.
Two nation theory to Aligarh moment, formation of All Indian
Muslim League to the formation of a new country named as the Islamic republic
of Pakistan are all the outcome of those struggles and movements.
There is political struggle and years of hard
work behind the success in terms of formation of a new state. Muslims leaders
of the time had to go through several negotiations, pacts, movements and had to
demand for constitutional rights and reforms that particularly will be
discussed onward.
Constitutional Reforms
1861: Few Indians
were considered in the council with a limited power.
Constitutional Reforms 1892:
After the formation of Indian National congress in 1885, demands were
kept forward to the government that the membership of Indians in the council
must be increased and should be nominated via elections. In response,
membership in the governor general council was increased but elections were not
conceded. Except, indirect elections in district and municipal board where the
council was authorized to discuss the budget and question executive and on
certain matter of administration.
Formation of All Indian Muslim League
(1906)
The Aligarh
movement, initiated by Sir Sayeed Ahmed Khan later on transformed into a
political party named as All Indian Muslim League in December-30 -1906 in Dhaka
and Sir Aga Khan III was nominated as its first president along with 400
members while the constitution of the league was written by Muhammad Ali Jauhar
and the book was named as “green book”. The party’s manifesto and aims were the
following:
Ø To inculcate among Muslims a feeling
of loyalty to the government and to disabuse their minds of misunderstandings
and misconceptions of its actions and intentions.
Ø To protect and advance the political
rights and interests of the Muslims of India and to represent their needs and
aspirations to the government from time to time.
Ø To prevent the growth of ill will or
hate between Muslims and other nationalities without compromising to its own
purposes.
Later the party had to struggle and confront with both, the
British and Hindu extremism. Its admirable effort later on became the reason to
many constitutional reforms and a true party to represent the Muslim minorities
in subcontinent.
Constitutional
reforms 1909
The great Chinese philosopher and writer Lao tzu sates “The
journey of thousand miles begins with one step”. The constitutional reforms of
1909 were that one landmark steps towards the journey of success.
Duncan McLeod in his book “India and Pakistan friends or
enemies” particularly emphasizes in the section of 1909 reforms that Muslims
afterwards got the sense of unity and were emerging as religo political community.
He also mentions another writer (Das 1964, p.230) who declares Minto-Morely as
political animals and states that “Minto and Morley political animals of their
day were responding to the day developing politics on the basis of social
learned process for any constitutional scheme.
Never in the history of subcontinent until 1909 desired
numbers of the locals either Muslims or people with any other religious
background, were given representation in the government offices. With few or no
authorities, it was for the first time that the locals were given roles to play
in the administration.
Legislative and Executive
The number of members of legislative council of Governor
General and the Governors of various provinces was increased, 16 to 30 members
were to be considered and the powers of Members of Legislative were also increased
while one member was added in viceroy executive counsel’s office. Before these
reforms they were excluded from such councils.
Elections
The demand for a
separate electorate was accepted and a constitutional recognition of Separate
Electorate was a great achievement for the Muslims. Muslims could now have
their own representative members at the Legislative Councils. They were to be
elected by Muslims alone.
Judiciary
Appointment of one local judge was ensured, though, not an
agreeable agreement but it was welcomed due to the fact that representation in
the sector was given for the first time.
Province
Authorities were also given at the provincial level. A
governing body was set up to look at the affairs for the purpose a governor and
a chief minister were to be appointed.
(McLeod, 2008, p 61) writes “David page argues that it was
the Morley Minto and Luther Montage Chelmsford reforms that lead to the growth
of nationalism on the subcontinent because they caused politicization in the
provinces (page 1982, 6)”
Constitutional
reforms 1919
Subcontinent has remained as a home to multiple cultures,
creed, cast, religion, language and history. Constitution was something that
could bring all the diversities under one umbrella.
And to do so, reforms
were important to be made, as (Doyle, Risely year p.160) states in their book
(crucible for survival, environmental security and justice in the Indian Ocean)
that “the colonial administration privileged one identity above all and institutionalized
through the legal and constitutional regime”
Indians felt the need for more self-governed system, they
demanded for more authority over their people, land, government and the regions
affairs. As the locals had shown enough loyalty by serving the Bitans and
helping them fight the World War I, Indians took part with their over 1 million
men fighting in the favor of Brittans. In return, locals were expecting more
authority and self-governance. To appease the Indians aggression and demand
Montague-Chelmsford reforms were introduced in 1919. Key features were the
following:Legislative
and executive
Bicameral Legislature
Ø Bicameral legislature was formed. The
Central Legislature was to consist of two houses, Upper House (Council of the State),
and the Lower House (Legislative Assembly). The Legislative Assembly was to
consist of 144 members, out of them 103 were to be elected and 41 to be
nominated by the Governor General whereby the Council of the Secretary of State was
to comprise of eight to twelve people. Three of them should be Indian.
Increase of power in center and provinces
Ø Powers were divided between the
center and the provinces. The important subjects were vested with the center
and unimportant remained with provinces. The legislative council was given the
power to discuss budget, move resolutions and discuss the problems of the
country and adopt the resolutions while they were not to move resolutions about
the native stat, military and foreign affairs. On the contrary, unworthy
provincial subjects were local self-government, public health and education
etc.
Diarchy form of government
Ø The system of Diarchy form of government
in the Provinces was introduced. Provincial authorities were divided into two
categories Transferred and Reserved. Transferred subjects were public health,
education, local self-government, and agriculture were under the control of
Minister. Reserved subjects included administration, executives and
transportation. It was indirect control over transferred department by reserved
department while governor was to lead both transferred and reserved subjects.
Constitutional
reforms 1935
In 1927 a
commission was sent to India known as Simon commission under the supervision of
sir john Simon. The commission was responsible to report the outcomes and
working of 1919 reforms.
The majority
of Indian representative parties including minorities boycotted the commission
due to the fact that all the members of the commission were Britans and not a
single Indian was included in it.
The
Commission suggested holding conference of representative parties that was
accepted. Round table conferences were held in 1930, 1931 and 1932. The conferences
ended without major outcomes. But a final constitution was prepared after the
discussions and Simon commission’s recommendations. The reforms were the
following:
Ø For the first time Dyarchy form of
rule was removed and complete autonomy and power of legislature was transferred
to the provincial government. Democracy by the people for the people in the
province was to be exercised.
Ø Instead Dyarchy was introduced in the
center. Where important subjects, such as foreign affairs, defense, railway and
economy were to be handled by the British government.
Ø Sindh was separated from Bombay,
Odisha from Bihar and Burma was completely separated from India while the
number of provinces was increased to eleven by giving NWFP the status of a
province and the other two new provinces.
Constitution of 1947
After the
announcement of British government, of giving India back the complete autonomy
and self governance by 1948, a last plan, known as 3rd June plan or
Mountbatten plan according to which partition of India was accepted and 15th
august 1947 was declared as the date of partition. But, Pakistan celebrated
Independence Day on 14th august 1947 due to the fact that to make it
possible for Mountbatten to attend the event and was needed for partition
purpose in India on the very next day while Pakistan, the newly formed
country’s new governor general was Quaid-e-Azam Mohmmad Ali Jinnah and its
first prime minister was Liaqat Ali Khan.
Ø Constitution of the newly formed
country was adopted from 1935s Indian act with few amendments. Provinces were
given autonomy but it was important for the newly established state with more
power in the center so enormous power was vested in the center.
End of the line and
outcomes
The two hundred years of colonization
came to an end with the division of India in 1947. To great extent the whole
process changed the fate and every aspect of subcontinent and its people. It
became the reason to the rise of new leaders and great personalities in
subcontinent as Gandhi, Jinnah, Sir Sayeed and many more. Uttermost,
considerable outcome was the introduction of a new way of democracy by the
people for the people in subcontinent. Though it took hard try, great deal of
time and a lot of effort for the people of India to get their rights through
constitutional means but it promulgated the real meaning of democracy in the
country that was left on the mercy of a Prince and ruling empire.
But in
contrast, the British government left some major problems between the two newly
divided countries. Along with injustice in terms of division of assets between
Pakistan and India, issues such as “Kashmir” disputation was left behind and
issues on the basis on constitution isn’t resolved yet, that even became the
reason of wars and instability in the
region.
References
§ India and Pakistan friends rivals or
enemies? By Dunean Mcleod
§ Crucibke for survival, environmental
security and justice in the Indian ocean by Timothy Doyle and Melissa Risely
§ Comprehensive Pakistan studies by
M.Ikram Rabbani
§ Wikiquote
