Date: 1 August 1933
Location: London
Speaker: Aga Khan III
Source: Speeches of Aga Khan III – K K Aziz
Full Text
All India Muslim League London: 1 August 1933 The origins of the All India Muslim League – the Nehru Report of 1928 and the All India Muslim Conference – the resolution of the conference in January 1929 – the White Paper and Muslim rights – no delay in the introduction of provincial autonomy residuary powers for the provinces – one-third of the seats in the “whole” Lower Ho-gse for Muslims – Muslim representation in the Upper Chamber-women’s franchise-effective representation for labour – powers of the Governor-General and the Governors law and order and the provinces – Muslim representation in the provinces -women’s franchise – representation of special interests – the control of provincial governments over the services – sugges tions regarding Baluchistan, Delhi and AJmere-Merwara – relations between the federation and the provinces – the judiciary – the railway board – Muslim share in the public services – suggestion for a declaration of fundamental rights – resolutions of the All India Muslim Conferences of 1929 and 1933. 1. The political awakening among the Indian Muslims took defi nite shape in 1906 when a deputation of leading representative Muslims waited on Lord Minto under the leadership of H. H. the Agha Khan in connection with the contemplated reforms which afterwards came to be designated the Minto-Morley Reforms. This was the nucleus from which was formed the influ ential body known as the All India Muslim League. This body played an important part in the evolution of the Montford Scheme and generally guided the political policy of the Indian Muslims. 2. The publication of the Nehru report in 1928 caused wide spread dissatisfaction amongst the Muslims of India and it was considered desirable to organise all the existing All India Muslim political associations into one compact body representing all shades of Muslim opinion including the Ulama so as to provide a common political platform. This body was named the All India Muslim Conference. Its first meeting was held in Delhi under the presidency of H. H. the Agha Khan and was attended by delegates from all over the country representing all shades of Muslim political thought. 3. The Muslim Conference as well as the Muslim League aim at safeguarding the legitimate rights and interests of the Muslims of India and co-operating with other communities for the political advancement of India. These rights are embodied in the fundamental Resolution of the All India Muslim Conference passed at Delhi on January 1st, 1929. The Muslim attitude towards the system of government to be established in India may be summed up in the following extract from the first paragraph of that Resolution: “The only form of government suitable to Indian conditions is the Federal system with complete autonomy and residuary powers vested in the constituent States, the central government having control only of such matters of common interest as may be specifically entrusted to it by the constitution.” 4. This Resolution embodies the political programme of the Muslims of India, and the Muslim community has adhered to it in overwhelming strength. In India it is the creed of an over whelming number of Muslims in every Province, while in England, at the three Round Table Conferences which were held in the years 1930-1932, the Muslim delegates regarded it as the most authoritative and representative expression of Muslim feelings and aspirations. 5. The attitude of the community towards the White Paper will be made perfectly clear by the Resolution passed by the Executive Board of the Conference, held at Delhi on March 26th, 1933. 6. As the White Paper does not embody a number of rights which the Muslims deem to be vital to their political interests, they urge that it should be modified to that extent. 7. The Muslims have consistently discouraged unconstitutional action, and believe in co-operation with all the elements of the Indian population for the purpose of making the new Reforms a success. They think, however, that the scheme outlined in the White Paper will not be a complete success until the Muslim community is assured of those rights which the White Paper has ignored. The Muslims earnestly request His Majesty’s Govern ment to modify the White Paper along the lines indicated in the Resolution of the Executive Board of the Conference passed on March 26th, 1933, at Delhi. If the suggestions made in the Resolution are adopted, the Muslim community throughout India will render substa:r:itial help in making the new scheme a success, and in heartily working the new Constitution. 8. Copies of the fundamental Resolution of the Conference p~ssed at Delhi on January 1, 1929, and the Resolution of the Executive Board of the Conference on the proposals of His Maj esty’s Government embodied in the White Paper, passed at Delhi on March 26, 1933, are enclosed herewith. 9. We would lay partic””ular stress on the following points:1. – INTRODUCTION OF REFORMS.
There should be no delay in the introduction of Provincial Autonomy. If the pre-requisites for the setting up of Federation as laid down in the White Paper (Introduction 12, 13 and 32) are likely to take a few years, the Muslims are strongly of opinion that Provincial Autonomy should not be held up.
II. – THE FEDERATION OF INDIA.
We feel that there are great difficulties in working out an All India Federation in which the Indian States must necessarily influence British Indian policy while British India will be pre cluded from interfering in the internal affairs of the States. We therefore urge that as many subjects as possible should be trans ferred to the Provinces, and as few retained for the Federal Centre as possible. It should be specifically laid down in the Constitution that the residuary powers should be vested in the Provinces.
III. – FEDERAL LEGISLATURE.
A. – The Lower Chamber or House of Assembly.
Muslim representation in the House of Assembly must be effec tive and adequate. The demand of the Mussalmans for one-third representation in the Central Legislature was made at a time when an All-India Federation comprising both the States and the British Indian Provinces was not within the range of practical politics. When, as at present, it is intended to give considerable representation to the States, one-third of the seats of the British Indian Provinces, if reserved for Muslims, will give them about 22 per cent. of the whole House. In order to rectify this and to give the Muslims their due influence in the Legislature, the Mussalmans should be guaranteed one-third of the total number of seats in the whole House. The seats· awarded, namely, 82 out of 250, are even less than one-third of the British Indian seats.
B. – Upper Chamber or Council of State. (i) The election to this Chamber should not be through joint electorates by the method of the single transferable vote, but through separate electorates, the Muslim members of the provin cial legislature forming a separate constituency for each Province. (ii) The Muslims should be specifically guaranteed one-third of the seats of the whole House as in the lower chamber. (iii) No seats should be filled by nomination.
C. – Franchise far the Legi,slature.
Women should not be given the vote in the right of their husbands.
D. – Labour &presentation.
We should like to see Labour being effectively represented.
Special representation should be given to maritime Labour (Seamen) in as much as maritime shipping and navigation are proposed to be an exclusively federal subject. Similarly inland mariners working on mechanically propelled ships on inland rivers (also proposed to be made an exclusively federal subject) should be given special representation.
E. – Ministers’ Salaries.
These should be a votable item.
IV:. – GOVERNOR-GENERAL’S RELATIONS WITH THE LEGISLATURE.
There is no reason why the Governor-General should be given the extraordinary power of making Acts, a power which is funda mentally subversive of all principles of responsible government and would have the effect of depriving the elected representatives of the people of their exclusive right to legislate.
V. – SPECIAL RESPONSIBILITIES OF THE GOVERNOR-GENERAL AND GOVERNORS.
It should be clearly laid down in the Constitution that the special powers vested in the Governor-General for safeguarding the financial stability and credit of the Federation and the preven tion of commercial discrimination and in the Governors for the latter purpose, should not be used in such a way as to prejudice the growth of Indian commerce and industry, nor should the special powers with regard to peace and tranquillity be used unless there is widespread danger.
VI. – GOVERNORS’ PROVINCES. (a} Provincial Autonomy.
The principle of giving full autonomy to all the Provinces having been admitted, it is not necessary to say anything further under this head. But as it has been suggested in some quarters that law and order should be reserved in some Provinces, we would like to stress the extreme inadvisability of making any invidious distinction in this matter, as between the Provinces. (b) Governors’ Acts.
Consistently with the principle of provincial autonomy, the provincial legislature alone should have the power of making Acts, and the Governor should have no special powers in that behalf.
VII. – PROVINCIAL LEGISLATURES. (a) Muslim representation in the Provinces.
While we realise that the Communal decision has been necessi tated by the inability of the communities in India to come to an agreement with each other, and while we are in general agree ment with the principles underlying that decision and are prepared to work the Constitution on that basis, we feel it our duty to point out that the Muslims have not been fairly treated.
In the first place, the well-recognised principle that no majority should be reduced to the position of a minority, or even to that of equality, has been departed from in the case of Bengal.
Again, the weightage enjoyed by the Muslims in the Provinces where they are in the minority has been reduced in nearly all cases.
As regards the new province of Orissa, which was not dealt with by the communal decision, the weightage given to Muslims is inadequate and ineffective. Their position ought to be recognised. (b) Upper Chambers.
There should be no Upper Chamber in Bengal. The Legislative Council and public opinion have declared themselves to be emphatically against it.
Further, there should be no nominations in the Upper Chamber. (c ) Provincial franchise. (i) Re Women: The same remarks as in the case of federal franchise. The women should vote in the separate communal electorates of the communities to which they belong. (ii) Universities: The electorate should consist of the members of the Senate or the Court as the case may be. (iii) Commerce: Muslim Chambers of Commerce, wherever existing, should form separate electoral units in their respective Provinces. (iv) Landholders: The electoral qualifications of landholders in Bengal and Bihar should be reduced and instead of there being several single-seated constituencies, there should be only one many-seated constituency for each of the two Provinces, the election taking place by the method of the single transferable vote. ( d) Ministers’ salaries should be made votable and the Minis ters should be fully responsible to the Legislature, and should hold office only so long as they enjoy the confidence of the House. ( e) Muslim Ministers.
There should be at least one Muslim Minister in every Province in which the Muslims are in a minority. (f)· Control of Provincial Governments over the Services.
Provincial Governments should have effective control over the existing All-India Service officers, and should have complete control over future All-India Service officers and over all existing and future Provincial and other Services. (g) Miscellaneous. (i) A substantial measure of Reform should be immediately introduced in Baluchistan. (ii) Delhi: Delhi as the ancient capital and the present metrop olis of India, has a special importance of its own, and this importance is likely to grow more and more. It should have a franchise analogous to the franchise in the Presidency towns.
The one seat allotted to Delhi in the Upper Chamber should go to Muslims and non-Muslims by rotation. (iii) AJmere-Merwara: AJmere-Merwara should, like Delhi, have a Muslim seat in the Lower House by separate election and a Muslim and non-Muslim seat by rotation in the Upper House of the Federal Legislature.
VIII. – RELATIONS BETWEEN THE FEDERATION AND THE UNITS. (a) Residuary powers should vest in the federating units (see II above). (b) Division of subjects: As many subjects as possible should be allotted to the Provinces (see II above). With special reference to White Paper, Appendix VI, List I: ” 1 7. Shipping and Navigation on Inland Waterways as regards mechanically propelled vessels” should be entirely a Provincial subject where the operations are confined to a single Province: where more than one Province is concerned this jurisdiction should be concurrent. 49. Income Tax. -This should be made a Provincial subject. 50, 51, 52. Death Duties, Taxes on Mineral Rights, Terminal Taxes, etc. – These should be allotted to the Provinces from which they are derived, and not merely distributed. 54. Imposition and Administration of Taxes not otherwise specified in List I or IL – This should be provincial.
There are some subjects which may, with advantage, be made concurrent, e.g. 14, Inland waterways passing through two or more units, and 15, Maritime shipping.
As regards ,item No. 2, in List III, Civil Procedure Code, no modification made by the Central Legislature should be enforced in any particular Province unless the Local Legislature of that Province has itself adopted that modification by a vote of the House.
IX. -THEjUDICATURE: HIGH COURTS.
The High Courts should be entirely a Provincial subject. The judges should be appointed by His Majesty on the recommenda tion of the Governor. There should be no additional judges.
Temporary judges may be appointed as may be necessary by the Governor.
Every judge should retire at the age of 60.
The Provincial Legislature and not the Federal Legislature should regulate the powers of superintendance to be exercised by the High Courts over the subordinate judiciary in the Province.
X. – STATUTORY RAILWAY BOARD.
The Railway Board should have an Advisory Body on which all Provinces should be fully represented.
XL – SERVICES.
Provincial Governments must have full control over all who serve under them. The rights and privileges of the present incum bents of the All-India Services should be guaranteed, but future recruitment for the Provinces should be placed in the hands of the Provinces. If necessary, the minimum qualifications of candidates may be laid down, and they should be recruited by Provincial Public Services Commissions, on the same lines as in England.
While we welcome Indianization, we strongly urge that the Muslims should have a full and adequate share in all grades of the Public Services, including the Army and other forces of the Crown. The inclusion of the large Muslim community under the general heading of Minorities has very much prejudiced the interests of the Muslims, as they have been treated on the same plane as numerically insignificant minorities.
To ensure the due representation of Muslims, we urge that the proportion of Muslims in the Services should reflect their pro portion of representation in the several legislative bodies.
We would call special attention to the wholly inadequate rep resentation of Muslims in the All-India Services, particularly the Railways, the Posts and Telegraphs, and the Accounts and Audit Departments. The Muslim employees should, in view of the fact that their rights have frequently been ignored, be accorded the right of being heard through their own recognised Trades Unions and Associations, as they have failed to secure the redress of their grievances through general Trades Unions and Employees’ Associations. We ask that specific reference should be made to this matter in the Instruments of Instructions.
XII. – FUNDAMENTAL RIGHTS.
We regret to note that no provision has been made for incorpo rating in the Constitution Act a declaration of Fundamental Rights. It is stated (Introduction 75) that “His Majesty’s Govern ment see serious objections to giving statutory expression” to large declarations of this kind but no objections have been speci fied and it is therefore not possible to meet them. It must however be stated that Muslim opinion in India is strong about the necessity of providing proper safeguards for the protection of Muslim religion and culture, education, languages and law, and this can only be ensured if a provision to that effect is embodied in the Constitution Act.
APPENDIX I.
Resolution of the All-India Muslim Conference, Delhi, 1stJ anuary, 1929. “Whereas, in view of India’s vast extent, and its ethnological, linguistic, administrative and geographical or territorial divisions, the only form of Government suitable to Indian conditions is a federal system with complete autonomy and residuary powers vested in the constituent States, the Central Government having control only of such matters of common interest as may be specifically entrusted to it by the Constitution; “And whereas it is essential that no Bill, resolution, motion or amendment regarding inter-communal matters be moved, dis cussed or passed by any legislature, central or provincial, if a three-fourth majority of the members of either the Hindu or the Muslim community affected thereb y in that legislature oppose the introduction, discussion or passing of such Bill, resolution, motion or amendment; “And whereas the right of Moslems to elect their representa tives on the various Indian Legislatures through separate electorates is now the law of the land and Muslims cannot be deprived of that right without their consent; “And whereas in the conditions existing at present in India and so long as those conditions continue to exist, representation in various Legislatures and other statutory self-governing bodies of Muslims through their own separate electorates is essential in order to bring into existence a really representative democratic Government; “And whereas as long as Musalmans are not satisfied that their rights and interests are adequately safeguarded in the consti tution, they will in no way consent to the establishment of joint electorates, whether with or without conditions; “And whereas, for the purposes aforesaid, it is essential that Musalmans should have their due share in the central and provin cial cabinets; “And whereas it is essential that representation of Musalmans in the various legislatures and other statutory self-governing bodies should be based on a plan whereby the Muslim majority in those provinces where Musalmans constitute a majority of population shall in no way be affected and in the provinces in which Musalmans constitute a minority they shall have a represen tation in no case less than that enjoyed by them under the existing law; “And whereas representative Muslim gatherings in all prov inces in India have unanimously resolved that with a view to provide adequate safeguards for the protection of Muslim interests in India as a whole, Musalmans should have the right of 33 per cent. representation in the Central Legislature and this Conference entirely endorses that demand; “And whereas on ethnological, linguistic, geographical and administrative grounds the province of Sindh has no affinity whatever with the rest of the Bombay Presidency and its uncon ditional constitution into a separate province, possessing its own separate legislative and administrative machinery on the same lines as in other provinces of India is essential in the interests of its people, the Hindu minority in Sindh being given adequate and effective representation in excess of their proportion in the population, as may be given to Musalmans in provinces in which they constitute a minority of population; “And whereas the introduction of constitutional reforms in the N .W.F. Province and Baluchistan along such lines as may be adopted in other provinces of India is essential not only in the interests of those provinces but also of the constitutional advance of India as a whole, the Hindu minorities in those provinces being given adequate and effective representation in excess of their proportion in population, as is given to the Muslim com munity in provinces in which it constitutes a minority of the population; “And whereas it is essential in the interests of Indian adminis tration that provision should be made in the constitution giving Muslims their adequate share along with other Indians in all services of the State and on all statutory self-governing bodies, having due regard to the requirements of efficiency; “And whereas, having regard to the political conditions obtaining in India it is essential that the Indian Constitution should embody adequate safeguards for protection and pro motion of Muslim education, languages, religion, personal law and Muslim charitable institutions, and for their due share in grants-in-aid; “And whereas it is essential that the constitution should provide that no change in the Indian constitution shall, after its inauguration, be made by the Central Legislature except with the concurrence of all the States constituting the Indian federation; “This Conference emphatically declares that no constitution, by whomsoever proposed or devised, will be acceptable to Indian Musalmans unless it conforms with the principles embodied in this resolution.”
APPENDIX II.
Resolution No. I I, passed at Delhi on March 26th, 1933. This meeting of the Executive Board of the All-India Muslim Confer ence expresses its profound disappointment with the schemes of reforms outlined in the White Paper. In the opinion of the Board the said scheme fails to meet the demand of the Muslim community as embodied in the various resolutions of the All India Muslim Conference.
In view of the extreme dissatisfaction of the Muslim community with the proposals of His Majesty’s Government, the Board demands radical changes on the following lines: (1) The Provinces should be granted the largest measure of fiscal, administrative and legislative autonomy; (2) The Governors’ powers are excessive and should be cur tailed. (3) The provincial Ministers should be fully responsible to the Legislature, and should hold office only so long as they enjoy the confidence of the House. ( 4) The provincial Governments should have effective control over imperial and complete control over provincial and other services. (5 ) The powers of the Governor-General should be curtailed. (6) The High Court should be an exclusively provincial subject.
The appointment of High Court Judges should be made by His Majesty on the recommendation of the Provincial Governors and of the Provinces in which the High Courts are situated. The provincial legislature ( and not the federal legislature as noted in section 175 of the White Paper) should regulate the power of superintendence exercised by the High Court over the subordi nate courts in the Province. (7) No weightage or other discriminatory privileges should be given to the Indian States. (8) Fundamental safeguards for the protection of personal law, education and culture of the Muslims should be incorporated in the constitution. (9) Provision should be made for the effective representation of the Muslims in the p1.J.blic services of the country and the army. Effective steps should be taken to Indianize the army within a fixed period. (10) As the Muslims claim one-third representation of the whole House in the Upper House of the Federal Legislature, and have been definitely promised one-third of the British Indian share of the seats in the House and cannot see any effective way of securing sufficient seats among the representatives of the States to make up their proportion to one-third of the whole House, it is their considered opinion that slightly increased pro portion of their seats in the British Indian share over the one third is essential.
The Muslims further disapprove of the principle of joint elec torate in the elections to the Upper House of the Federal Legislature, and urge the adoption of separate electorate by direct method. ( 11) A substantial measure of reforms should be immediately introduced in Baluchistan. (12) The one seat allotted to Delhi in the Upper House should go to the Muslims and Non-Muslims by rotation. (13) The population of Delhi and AJmere being equal, Ajmere should have the same measure of representation in both Houses of the Federal Legislature as Delhi, and such representation should be regulated by the same principle as in Delhi, and when one is represented by a Muslim the other should be represented by a Non-Muslim in the Upper House. (14) That inasmuch as His Majesty’s Government’s decision promised to give Muslims of Bihar and Orissa 42 seats out of 175 seats, i.e. 24 per cent. of whole House by separate electorates.
This meeting of the Executive Board demands that the pro portion then fixed should on no account be changed and the seats should be so allotted to Muslims in the Province of Bihar and Orissa in both the Provincial Legislatures that the total pro portion of 24 per cent. should not be disturbed. (15) That representation awarded to commerce should include the Muslim Chamber of Commerce of Bengal and Bihar as elec toral units in their respective Provinces. (16) That the electoral qualifications of the landholders con stituency should be reduced in Bengal and Bihar and single seated constituencies should be changed into one multi-seated constituency in each Province by single transferable votes. ( 17) The Indian States should be given no privileges of com peting for All-India Service such as the I.C.S., I.M.S. and commissions in the Indian Army until the States agree to extend the same privileges to British Indian subjects in their territories.
Source: Joint Committee on Indian Constitutional Reform (Session 1932-33), Volume 2 C, Minutes of Evidence Together with Appendix D, Government of Great Britain, London, 1934, Parliamentary Paper H.L. 79 (II C), H.C. 112 (II C), pp. 147 5-81.
The Committee met at 10.30 a.m. with the following members present:
Lord Archbishop of Canterbury.
Marquess of Salisbury.
Marquess of Zetland.
Marquess of Linlithgow.
Marquess of Reading.
Earl Peel.
Lord Ker (Marquess of Lothian).
Lord Irwin.
Lord Rankeillour.
Lord Hutchison of Montrose.
Major Attlee.
Mr. Butler.
Major Cadogan.
Sir Austen Chamberlain.
Mr. Cocks.
Sir Reginald Craddock.
Mr. Davidson.
Mr. Isaac Foot.
Sir Joseph Nall.
Lord Eustace Percy.
Miss Pickford.
The following Indian Delegates were also present: lndian States Representatives.
Rao Bahadur Sir Krishnama Chari.
Nawab Sir Liaqat Hayat-Khan.
Sir Akbar Hydari.
Sir Mirza M. Ismail.
Sir Manubhai N. Mehta.
Mr. Y Thombare.
British Indian Representatives.
His Highness The Aga Khan.
DLB.R.AmbedkaL Sir Hubert Carr.
Mr. A. H. Ghuznavi.
Lt.-Col. Sir H. Gidney.
Sir Harl Singh Gour.
Mr. M. R. J ayaker.
Mr. N. M. Joshi.
Begum Shah Nawaz.
Sir A. P. Patro.
Sir Abdur Rahim.
Sir Phiroze Sethna.
Dr. Shafa’at Ahmad Khan.
Sardar Buta Singh.
Sir N. N. Sircar.
Sir Purshotamdas Thakurdas.
Mr. Zafrulla Khan.
The Marquess of Linlithgow in the Chair.
On the same day the All India Muslim League and the All India Muslim Conference submitted this memorandum, and the following gentlemen repre senting the two organizations were called in and examined: Abdullah Yusuf Ali, c.B.E., Sir Muhammad Yakub, Kt., M.L.A., H. S. Suhrawardy, M.L.c., Dr Khalifa Shujauddin, LL.D., and Khan Sahib Haji Rashid Ahmad.
I have included this memorandum among the works of the Aga Khan because, as the late Sir Muhammad Zafrullah Khan told me in a conversation in 1967 in London, His Highness virtually dictated the broad principles on which it was drafted, and also because he had been, in his time, the founder and president of both the parties submitting the document.
The Times of 7 December 1933 carried a full summary of the memorandum (the White Paper in which it appeared was released on 6 December).