The Committee, while
expressing their gratification that the possibility of Pakistan is recognized
by implication by providing for the establishment of two or more independent
Unions in India regret that the proposals of His Majesty's Government embodying
the fundamentals are not open to any modification and therefore no alternative
proposals are invited. In view of the rigidity of the attitude of His Majesty's
Government with regard to fundamentals not being open to any modification,
the Committee have no alternative but to say that the proposals hi their
present form are unacceptable to them for the following reasons:
-
The Mussulmans, after 95 years of genuine
efforts for the reconciliation of the two major communities and the bitter
experience of the failure of such efforts, are convinced that it is neither
just nor possible, in the interests of peace and happiness of the two peoples,
to compel them to constitute one Indian Union composed of the two principal
nations - Hindus and Muslims, but this appears to be the main object of
His Majesty's Government as adumbrated in the preamble of the Draft Declaration,
the creation of more than one Union being relegated only to the real of
remote possibility, and is purely illusory.
-
In the Draft Declaration a constitution
making body has been proposed with the primary object of creating one Indian
Union. So far as the Muslim League is concerned, it has finally decided
that the only solution of India's constitutional problem is the partition
of India into independent zones: and it will therefore be unfair to the
Muslims to compel them to enter such a constitution-making body whose main
object is the creation of a new Indian Union. With conditions as they are
it will be not only futile but on the contrary may exacerbate bitterness
and animosity amongst the various elements in the country.
The machinery which has been
proposed for the creation of the constitution-making body, namely, that
it will consist of members elected by the newly elected Lower Houses of
the eleven Provinces upon the cessation of hostilities, as a single electoral
college by the system of proportional representation, is a fundamental
departure from the right of the Mussulmans hitherto enjoyed by them, to
elect their representatives by means of separate electorates, which is
the only sure way in which true representatives of the Mussulmans can be
chosen.
The constitution-making body will
take decisions by a bare majority on all questions of the most vital and
paramount character involved in the framing of the Constitution, which
is a departure from the fundamental principles of justice and contrary
to constitutional practice so far followed in the various countries and
Dominions; and the Mussulmans by agreeing to this will, instead of exercising
their right and judgement as a constituent factor, be at the entire mercy
of the constitution-making body in which they will be a minority of about
25 per cent.
-
The right of non-accession to the Union
as contemplated in the Draft Declaration has been conceded presumably in
response to the insistent demands by the Mussulmans for the partition of
India; but the method and procedure laid down are such as to negative the
professed object; for in the draft proposals the right of non-accession
has been given to the existing Provinces which have been formed from time
to time for administrative convenience and on no logical basis.The Mussulmans
cannot be satisfied by such a Declaration on a vital question affecting
their future destiny, and demand a clear and precise pronouncement on the
subject. Any attempt to solve the future problem of India by the process
of evading the real issue is to court disaster.
-
With regard to the Indian States, it
is the considered opinion of the Committee that it is a matter for them
to decide whether to join or not to join or form a Union.
-
With regard to the treaties to be negotiated
between the Crown and the Indian Union or Unions, the proposals do not
indicate as to what would happen in case of disaggreement in the terms
between the contracting parties; nor is there any provisions made as to
what would be the procedure when there is a differences of opinion in negotiating
a revision of treaty arrangements with the Indian States in the new situation.
With regard to the interim arrangement
there is no definite proposal except the bare statement that His Majesty's
Government desire and invite the effective and immediate participation
of the leaders of the principal sections of the Indian people in the counsels
of their country of the Commonwealth, and of the [United Nations. The Committee
are therefore unable to express their opinion until a complete picture
is available. Another reason why the Committee unable to express their
opinion on the interim arrangements for participation in the counsels of
the country is that Sir Stafford Cripps has made it clear that the scheme
goes through as a whole or is rejected as a whole and that it would not
be possible to retain the part relating to the immediate arrangements at
the Centre and discard the rest of the draft scheme: and as the Committee
has come to the conclusion that the proposals for the future are unacceptable,
it will serve no useful purpose to deal further with the question of the
immediate arrangements. |