Thursday, December 19, 2013

CONSTITUTIONAL REFORMS DURING NATIONAL MOVEMENT

CONSTITUTIONAL REFORMS DURING NATIONAL MOVEMENT



Features
Drawbacks
Morley- Minto Reforms -1909
1.No. of elected members  in Imperial & Provincial Legislative Councils increased- elected non-officials still in minority
2.Seperate electorates introduced for Muslims
3. Legislatures could pass resolutions; ask questions n supplementaries, vote separate items of the budget.
4. One Indian to be on viceroy’s executive council.
5. Elected non-officials to be elected indirectly – thus elections introduced for the first time.
1. aimed at dividing the nationalist ranks and at rallying the  Moderates n the Muslims to the Govt’s side
2.No responsibility entrusted to legislatures – this resulted in thoughtless criticism sometimes
3. System of election was too indirect.
Montagu- Chelmsford Reforms
1.Dyarchy in provinces
2. Two lists – reserved and transferred – for administration .reserved subjects to be administrated by ministers from legislative council.
3.extensive powers to governor , governor –general n secretary of the state for interference
4.franchise expanded , powers also extended
5.Governor –general to administer with an executive council of 8- three to be Indians
6.Two lists for administration – central n provincial
7. Bicameral central legislature – central legislative Assemble as the lower house and council of states as the upper house

1.Dyarchy arrangement  too complex n irrational to be functional
2. Central executive not responsible to legislation
3. Limited franchise
Simon Commission 1928

Came in 1928 to explore possibility of further constitutional advance
Boycotted by Indians because no Indian represented in the commission
Nehru Report 1928
1.First Indian effort to draft constitutional scheme
2.dominion status
3.not separate electorates, but joint electorates with reserved seats for minorities
4.linguistic provinces
5.19 Fundamental rights
6.responsible government at centre and in provinces

Government of India Act 1935
Proposed – 1.an All India Federation; bicameral legislature at the centre; provincial autonomy; three lists for  legislation- federal, provincial and concurrent
2.At centre , subjects to be administered divided into reserved and transferred categories
3.Provincial legislators to be directly to be elected

Linlithgow’s Statement
(17 Oct 1939)
1.Britains war aim is to resist aggression
2. All interest groups are to be consulted to modify 1935 act for Future
3.immediately a “consultative committee” is to be formed for advising functions
Congress Response
1.No Indian support to the war
2. Congress ministries in province to resign
3. But no immediate mass struggle to be launched

August Offer (1940)
1.dominion Status to be the long –term objective
2.After the war, constituent assembly to be formed comprising mainly Indians
3. Minorities  consent to be essential for any future settlement
Congress rejected the offer
Cripps Mission   
( March 1942)
1.An Indian Union with dominion status, with right to withdraw from Commonwealth
2.after war, a constituent assembly elected by provincial assemblies to frame the constitution
3.Freedom to any province unwilling to join the Union to have a separate agreement with Britain
Congress objected to
1.dominion status
2.right to provinces to secede
3.no immediate transfer of power
4.retention of governor-general’s supremacy
Muslim League objected to
1.Pakistan not being explicitly offered
2.the machinery for creation of constituent Assembly
C. RajagopalachariFormula
 (March 1944)
1.league should immediately support independence for India  n cooperate in Interim Govt
2.After War, Muslim majority areas to exercise right to self-determination
3. In case of partition, common centre for defense , commerce, communication etc
Jinnah rejected the offer as he wanted Congress to accept the two- nation theory  
Desai –Liaqat Pact
1.Congress and league nominees to have equal representation in Central  executive
2.20% of seats reserved for minorities

Wavell Plan 
 ( Shimla conference – June 1945)
1.An all Indian executive council except the governor-general and commander-in chief
2.equal representation for caste Hindus n Muslims
1.Muslim League wanted all Muslims to be its nominees and claimed a communal veto in the executive council
2.congress objected to it being painted purely as a caste hindu party
Cabinet Mission
Proposals
1.rejected of Pakistan
2.grouping of existing assemblies into three sections A, B, C
3.three-tier executive and legislature at province, princely sates and union level
4.provincial assemblies to elect a constituent assembly
5. common centre for defense ,   communication, external Affairs
6.Provinces to have autonomy and residual power
7.Princely states free to have an arrangement with the successor government or the British Govt
8.in future, a province free to come out of the section or the union
Congress claimed that the grouping was optional while the league thought that the grouping was compulsory. mission decided the mateer in the League’s favor
Attlee’s Statement
( Feb 20, 19470
1.June 30, 1948 as deadline for transfer of power
2. power may be transferred to one centre or in some areas to existing provincial governments

Mountbatten Plan June 3, 1947
1.Punjab and Bengal Assemblies to take decision on partition
2.Sindh to take its own decision
3.Referendum to be held in NWEP and Sylhet District
4.Two dominions to be created if partition is to take place, with two Constituent Assemblies
5.Freedom to be granted on Aug 15, 1947

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