Communal
Communal
In this project the researcher is going to explain about the round table conferences and the
how did the second round table conference led to communal award. The Round Table
Conference, (1930–32), in Indian history, was a progression of gatherings in three sessions
initiated by the British government to think about the forthcoming Constitution of India. The
gathering came about because of an audit of the Government of India Act of 1919, attempted
in 1927 by the Simon Commission. The meetings were held in London.
The first Round Table Conference gathered from 12 November 1930 to 19 January 1931.
Before the Conference, M. K. Gandhi had started the Civil Disobedience Movement in the
interest of the Indian National Congress. Thusly, since a considerable lot of the Congress'
chiefs were in prison, Congress didn't take part in the primary gathering, yet agents from all
other Indian gatherings and various Princes did. The results of the first Round Table
Conference were negligible.
The second Round Table Conference was held in London from 7 September 1931 to 1
December 1931 with the interest of Gandhi and the Indian National Congress. At the
meeting, Gandhi professed to speak to all individuals of India. But there was no significant
result of second round table conference and it ended with the communal award announced by
MacDonald for minorities’ representation.
The third Round Table Conference (17 November 1932 - 24 December 1932) was not
attended by Gandhi, Indian National Congress and many other eminent personalities. Like the
two first meetings, little was accomplished. A Joint Select Committee was shaped to break
down the suggestions and detail another Act for India. The Committee created a draft Bill in
February 1935 which was upheld as the Government of India Act of 1935.
People usually confuse between separate electorates and reservation in this paper I explained
about the difference between separate electorates and reservation, that reservation is limited
1
to provide facilities to backward categories of to country, to bring them in the main stream
but electorates is to give representation to minorities. And impact of all these conferences and
Commissions’ report on the India.
Research Problem
This project is to understand the shaping of Constitution of India through round table
conferences, Simon Commission and different Committees.
Objectives
Research Questions
1. How did all these conferences helped in shaping the Constitution of India?
2. Why did Gandhi stopped Civil Disobedience Movement?
3. How did second round table conference lead to the separate electorates?
4. How reservation is different from separate electorates.
Research Methodology
Doctrinal research is concerned with facts and doctrines. It is research into the deep concepts
it is also known as library based research. My research is doctrinal research in which
methodology is based on principles, legal concepts and doctrines and rules. These all the
databases are authentic, and many internationally followed websites and databases. My
research is based on different books and authentic sources. I have analyzed books and these
books helped me in designing my paper and finding relevant materials for my paper.
2
Morley Minto Reforms/ Indian Council Act 1909
The act royal assent on May 25, 1909, was an act of the Parliament of the United Kingdom
that brought about a limited increase in the involvement of Indians in the governance of
British India.1 There was a reason to bring this act, to tackle political unrest, which exist at
the time of British rule in India, there was unrest in people due to partition of Bengal in 1905,
Britishers separated extremists and moderates, extremists were suppressed but to moderates
some concession need to be given and it was given by this reform. “Three major components
may be distinguished here – outright repression, concessions to ‘rally the moderates’, and
(closely connected with the second) divide and rule, best typified by the device of separate
electorates.”2 The maximum number of nominated and elected members of the Legislative
Council at the Center was increased from 16 to 60.
“The Indian Councils Act of 1909 did allow somewhat greater powers of budget discussions,
putting questions and sponsoring resolutions to members of legislative councils, and for the
first time formally introduced the principle of elections.” 3 Seat allocations and electoral
qualifications were made by regulations in India, to be settled in accordance ‘with the
specific recommendations of the local government’ 4
The maximum number of nominated and elected members of the provincial legislative
councils, under a governor or lieutenant governor, was also increased. 5 It was fixed as 50 in
Bengal, Bombay, Madras, United Provinces, and Eastern Bengal and Assam, and 30 in
Punjab, Burma, and any lieutenant – governor province created thereafter. Legislative
Councils were not for provinces under a chief commissioner. The right of separate electorates
was given to the growing communal activities especially in response to the formation of the
Muslim league on December 30th, 1906.
There was a second round table conference happened in the year September 7, 1931. Gandhiji
on behalf of the Indian National Congress participated in the conference. So, when Gandhiji
said India National Congress is the honorary representative of the combine political India and
untouchables should not be treated as a separate section because they are the section of the
1
Bipan Chandra, History of Modern India, 2017, p. 257.
2
Sumit Sarkar, Modern India, ed. 8, 2017, p. 118.
3
Sumit Sarkar, Modern India, ed. 8, 2017, p. 120.
4
Ibid.
5
Supra note 1, pp. 257- 258.
3
Hindu society, and Muslims should also not be given any special privileges or separate
electorates because they are the part of India. They are the Indian people and all Indian
people are equal. No, special privileges for anyone. This was the stand by Gandhiji, but his
stand was ignored. And at the end nothing considerable came out from the second round table
conference. And finally, there was an award announced “communal award” on August 16,
1932. “The communal award was made by the British Prime Minister Ramsay MacDonald
granting separate electorates in India for the Forward Caste, Scheduled Caste, Muslims,
Buddhists, Sikhs, Indian Christians, Anglo-Indians, Europeans and Depressed Classes (now
known as the Scheduled Caste) etc.”6 Gandhi criticized this “award” he meant to say that if
these depressed classes are part of the Indian society then why they are treated differently by
giving separate electorates. So, basically what Britishers were trying to do, they were
dividing the Indian society and want to break the unity of the Hindu society and Gandhiji
knew this strategy.
The government issued a white paper on the future of the Constitution of India. The
Constitution provided the proposals for the creation of several Muslim majority provinces
and the formation of legislatures on the basis of separate electorate.
The Nehru report came in the year 1928 after which, Jawaharlal Nehru and Subhash Chandra
bose asked Gandhi to take an initiative towards the British government. Gandhi clearly stated
that if India didn’t get the dominion status within one year, till then Simon commission report
will also come, if then also they don’t give dominion status then I will start civil disobedience
movement. First of all the question is what is dominion status it means a dominion was the
‘title’ given to the semi – independent polities under the British Crown. It means all laws and
regulations of a country are maintained and controlled by its own citizens except for foreign
relations, defense and communications.
Now, in the year 1930 the Simon Commission report came but there was no mention about
dominion status. At the same time, the Simon boycott movement stimulated the rapid growth
of radical forces.7 The Gandhi started the first phase of the civil disobedience movement i.e.
Dandi March, from Sabarmati to Dandi to break salt law, due to which he was put in jail.
6
Bidyut Chakrabarty, The Communal Award of 1932 and its Implications in Bengal, Vol. 23, 1989, p. 493.
7
Supra note 3, p. 225.
4
People usually confuse between Non – Co-operation movement and Civil Disobedience the
differences between both of them are, in Non Cooperation movement there was no fixed
focus on any subject means whether we want responsible government, dominion status or
complete independence etc. but in Civil Disobedience movement they asked for ‘Poorna
Swaraj’ i.e. complete independence8. In non – cooperation movement they only showed non
– cooperation means they stopped going to English school, resigned from the government
jobs, boycotted British made clothes etc.9 but in civil disobedience movement they directly
broke law and even Gandhiji didn’t withdraw the movement. So, in India, the freedom
movement was in full swing with its demand for self – rule spearheaded by the Gandhi. The
conferences were based on the recommendation of Muhammad Ali Jinnah to Lord Irwin, the
then viceroy of India and James Ramsay MacDonald, the then British Prime Minister, and the
Simon Commission report. Lord Irwin wants to solve this matter quickly because whole
country was revolting against the Britishers. So, finally Irwin pact happened and it was the
first time that the Indians and the Britishers were meeting as ‘equals’. The first conference
started on November 12th, 1930.
“There were 58 political leaders from British India, 16 delegates from the princely states, 16
delegates from the three British political parties. The Indian National Congress (INC) decided
not to participate in the conference. Many of the INC leaders were imprisoned due to their
involvement in the civil disobedience movement. Among the British – Indians, the following
representatives attended the conference: Muslim League, Hindus, Justice party, Sikhs,
liberals, Parsis, Christians, Anglo – Indians, Europeans, landlords, labour, women,
universities, Sindh, Burma, other provinces, and the representatives from the government of
India”.10 As INC was not present in the party, so, first round table conference failed. British
Prime Minister Ramsay MacDonald put up three proposals, viz.,
Jinnah’s demand for separate electorate for the Muslims became breaking point. Jinnah also
did not fail to raise his fourteen points as demands of the Indian Muslims. Ambedkar also
demanded separate electorate for the backward classes.
8
https://shodhganga.inflibnet.ac.in, last accessed on (7-02-20).
9
Madhukar Singh, M.K. Gandhi and Non – Cooperation: A short Essay, pp. 3 - 4.
10
Supra Note 6, pp. 496 – 498.
5
In any case, the absence of any representatives from the Congress had sealed the fate of the
Conference. Ramsay MacDonald expressed hope that the congress would in response to the
invitation of the governor – general would attend the second session of the Round Table
conference. The first Round table conference started from 12th November lasted till 19th
January 1931. Although many principles on reforms were agreed upon, not much was
implemented and the Congress Party carried on its civil disobedience. The conference was
regarded as a failure. The British government understood the importance and the need for the
Congress Party to make any decision on India’s political future.11
The first round table Conference failed. No result came out of it. The government therefore
decided to step down for a compromise with Gandhi, the leader of the nation. The Second
Round Table Conference was to be held in 1931 at London. Gandhi and many other leaders
were imprisoned along with thousands of Indians. Lord Irwin wanted the issue to come to an
end. So, Gandhi was released from prison in January 1931. 12 The then Congress President
Sardar Vallabhai Patel authorized Gandhi to hold talks with Lord Irwin. Accordingly, Gandhi
met Irwin and held negotiations: Immediate release of all political prisoners not convicted of
violence, exemption of all fines not yet collected of the lands not yet sold to third parties,
lenient treatment to those government servants who had resigned, rights to make salt in
coastal villages for personal consumption (not for sale) , withdrawal of emergency
ordinances. The viceroy, however, turned down two of Gandhi’s demands – Public inquiry
into police excesses, Commutation of Bhagat Singh and his comrades’ death sentence to life
sentence.
Gandhi on behalf of the Congress agreed – To suspend the civil disobedience movement, and
to participate in the next Round Table Conference on the constitutional question i.e.
federation, Indian responsibility, and reservations and safeguards that may be necessary in
India’s interests (covering such arears as defense, external affairs, position of minorities,
financial credit of India and discharge of other obligations).
Then during this time Karachi session happened from 26 th March to 31st March, 1931 and this
session was presided by Sardar Vallabhai Patel, in this session Bhaghat Singh and Sukhdev
Rajguru were hanged and they were honored, Gandhi – Irwin pact was signed and endorsed,
11
Indian Round Table Conference, Sub-Committees' Reports; Summaries of Discussions and the
secretary of state statement, Vol. 23, 1989.
12
Supra note 3, p. 266.
6
and fundamental rights were adopted. It was for the first time that the two were meeting as
‘equals’.13
The second Round Table Conference was held in London from 7 September 1931 to 1
December 1931 with the participation of Gandhi and the Indian National Congress in
London. There was so much chaos, whether conditions will be accepted in second round table
conference. In this chaos a quote said by a Gujarati poet Jhaverchand Meghani “Even this last
cup pf poison, you must drink, Bapu! This was said because everyone knew that it was not
easy to make the demand accept and not much was expected. So, Gandhi returned to India on
December 28, 1931 to India and again started the Civil Disobedience Movement 2.0. This
round table conference was failed because Muslim league and other groups were opposing
Congress’s objectives.
It should be noted here that Dr. B.R. Ambedkar in the past, in his testimony to the Simon
Commission, had stressed that the depressed classes should be treated as a distinct,
independent minority separate from the caste Hindus. Even, the Bengal Depressed Classes
Association has lobbied for separate electorates with seats reserved. According to the
proportion of depressed class memebrs to the total populatin as well as for adult franchise.
But the Simon Commission rejected the proposal of separate electorates for the depressed
classes; however, it retained the concept of resering seats.
13
https://www.constitutionofindia.net, last accessed on (13-02-20).
7
In the second Round Table Conferenc held in London, Ambedkar again raised the issue of
separate electorate for the depressed classes.14 Earlier in the conference, Ambedkar had
attempted to compromise with Gandhi on reserved seats in a common electorates, but Gadhi,
who had declared himself the sole representative of India’s oppressed masses, rejected
Ambedkar’s proposal, and denounced the other deleated as unrepresentative. Further,
“Gnadhi attempted to strike a deal with Muslims, promising to support their demands as long
as the Muslims voted against separate electorates for the depressed classes”.15 It is argued that
political considerations might have motivated Gandhi to adopt such a stand. But despite such
efforts, a consensus on the minority representation could not be worked out among the Indian
delegates. Then Ramsay MacDonald, who chaired the committee, mediated and made sure
that all the members support his decision. And the outcome of his mediation was the
Communal award.
Muslims, Europeans, Sikhs, Indian Christians, Anglo – Indian, depressed classes, women,
and even the Marathas were to get separate electorates. Such an arrangement for the
depressed classes was to be made for a period of 20 years. 16 In the provincial legislature, the
seats were to be distributed on communal basis and the existing seats of the provincial
legislature were to be doubled. The Muslims, were in minority, were to be granted a
weightage except in Northwest frontier province, 3 percent seats were to be reserved for
women in all provinces. The depressed classes to be declared/ accorded the status of
minority, were to get ‘double vote’, one to be used through separate electorates and the other
to be used in the general electorates. Allocations of seats were to be made for laborers,
landlords traders and industrialists. In the provinces of Bombay, 7 seats were to be allocated
for the Marathas. So, these were provisions.
Congress Stand
Though opposite to separate electorates, the Congress was not in favour of changing the
Communal Award without the consent of the minorities. Thus, while strongly disagreeing
with the Communal Award, the congress decided neither to accept it nor to reject it.
14
Stephen Legg, Imperial Internationalism: The Round Table Conference and the Making of India in London,
1930-32.
15
Ibid.
16
Barbara Metcalf, Thomas Metcalf , A Concise History of Modern India 2nd ed. 2006, p. 194.
8
The effort to separate the depressed classes from the rest of the Hindus by treating them as
separate political entities was vehemently opposed by all nationalists.
Gandhi’s Response
Gandhi saw the Communal Award as an attack on Indian unity and nationalism. He thought it
was harmful to both Hinduism and to the depressed classes since it provided no answer to the
socially degraded position of the depressed classes. Once the depressed classes were treated
as a separate political entity, he argued, the question of abolishing untouchability would get
undermined, while separate electorates would ensure that the untouchables remained
untouchables in perpetuity.17 He said that what was required was not protection of the so –
called interests of the depressed classes but root and branch eradication of untouchability.
Gandhi demanded that the depressed classes be elected through joint and if possible a wider
electorate through universal franchise, while expressing no objection to the demand for a
larger number of reserved seats. And to press his demands, “he went on an indefinite fast on
September 20, 1932. Now leaders of various persuasions, including B.R. Ambedkar, M.C.
Rajah and Madan Mohan Malviya got together to come to a compromise”.18
Poona Pact
The Poona Pact signed by B.R. Ambedkar on behalf of the depressed classes on September
24, 1932, the poona pact abandoned the idea of separate electorates for the depressed
classes.19 But the seats reserved for the depressed classes were increased from 71 to 147 in
provincial legislatures and to 18 percent of the total in the Central Legislature. 20 The Poona
Pact was accepted by the government as an amendment to the Communal Award.
The Poona Pact, despite giving certain political rights to the depressed classes, could not
achieve the desired goal of emancipation of the depressed classes. It enabled the same old
Hindu social order to continue and gave birth to many problems: The Pact made the
depressed classes political tools which could be used by the majoritarian caste Hindu
organizations and made them leaderless as the true representatives of the classes were unable
to win against the Hindu representative.21 “This led to the depressed classes to submit to the
17
Bipan Chandra, India's Struggle for Independence, 1989, p. 290.
18
https://www.mkgandhi.org, last accessed on (9-02-20).
19
Supra note 8.
20
Ibid.
21
Poona Pact: Mahatma Gandhi’s fight against untouchability, by Parag Tyagi, September 24, 2016.
9
status quo in political, ideological and cultural fields and not being able to develop
independent and genuine leadership to fight the Brahminical order.”22 It subordinated the
depressed classes into being part of the Hindu social order by denying them a separate and
distinct existence. “The Poona Pact perhaps put on obstructions in the way of an ideal society
based on an equality, liberty, fraternity, and justice, by denying to recognize the Dalits as a
separate and distinct element in the national life, it pre – exempted the rights and safeguards
for the Dalits in the Constitution of independent India.”23
The Working Committee of All India Scheduled Caste Federation alleged that in the last
elections held under the Government of India Act, 1935, the system of joint electorates
deprived the scheduled castes of the right to send true and effective representatives to the
legislatures. The committee, further, said that the provisions of the joint electorate gave the
Hindu majority the virtual right to nominate members of the scheduled castes who were
prepared to be the tools of the Hindu majority. “The working committee of the federation,
thus, demanded for the restoration of the system of joint electorates and reserved seats. Even
after signing the Poona Pact, B.R. Ambedkar continued to denounce the Poona Pact till
1947”.24
So, when the communal award was announced in the year 1932, Gandhi saw this award as an
attack on Indian unity. So, to criticize this award Gandhiji went on indefinite fast on
September 20, 1932. During this time the Dalit leader Babasaheb Bhim Rao Ambedkar and a
leader by Congress Madan Mohan Malviya they mediated and full pressure was on
Ambedkar to solve an issue
The third round table meeting, held between November 17, 1932 and December 24, 1932,
was not gone to by the Indian National Congress and Gandhi. It was overlooked by most
other Indian pioneers. Once more, as in the two past meetings, little was accomplished. The
proposals were distributed in a White Paper in March 1933 and bantered in the British
Parliament a short time later. A joint Select Committee was shaped to investigate the
suggestions and figure another Act for India, and that board of trustees created a draft bill in
February 1935 which was implemented as the Government of India Act of 1935 in July 1935.
22
Supra note 13.
23
Gandhi, Ambedkar and the 1932 Poona Pact, by Dhrubo Jyoti, Oct 01, 2019.
24
https://roundtableindia.co.in, last accessed on (10-02-20).
10
Not much was also accomplished in this session. This conference's proposals were presented
in a 1933 White Paper and discussed later in the British Parliament. The recommendations
were examined and based on them was adopted the Government of India Act of 1935.25
India, as a nation, was divided from time immemorial on the basis of caste, sex, and religion.
One of the ramifications of the caste system that prevails in the country is the reservation
system, which entails reserving a certain percentage of seats in government institutions for
education or employment, for people belonging to backward groups or minorities. These
include the set-aside quotas.26
The Indian reservation system is designed to encourage, or provide incentives for, the
specific governments, government jobs, and enrollment in higher education institutions. The
quota feeds the historically disadvantaged castes and tribes, identified by “the Government of
India as Scheduled Castes and Scheduled Tribes, also those known as Other Backward
Classes (OBCs) and the economically backward general”.29
30
In Article 15 it is written that “the State shall not discriminate against any citizen on
grounds only of religion, race, caste, sex, place of birth or any of them”. But on the other
31
hand it is written in Article 16 (4) of the Constitution states that “Nothing in
this article shall prevent the State from making any provision for the reservation of
25
http://www.open.ac.uk, last accessed on (12-02-20).
26
Jayshree Singh, History and Political Governance of Reservation Policy in India, 2015.
27
http://www.ambedkar.org, last accessed on (10-02-20).
28
Ibid.
29
https://journals.sagepub.com, last accessed on (10-02-20).
30
https://indiankanoon.org, last accessed on (10-02-20).
31
https://www.ebc-india.com, last accessed on (13-02-20).
11
appointments or posts in favour of any backward class of citizens which, in the opinion of the
State, is not adequately represented in the services under the State”.
Analysis
After studying all the aspects of these conferences, the researcher analyzed that the Montey
Mirlo reforms came in the year 1909 in which Indians powers were increased somewhat in
the governance which helped in making though less but representations. So, when Simon
Commission report came it was opposed by Indians because no Indians were there in the
commission. Now, when Nehru report came Gandhi in which there was no mention of
dominion status due to which Gandhiji starts first phase of Civil Disobedience Movement.
Now, first round table conference started in which Gandhi – Irwin Pact was signed in which
Gandhi asked for self - government. After that second round table conference came which
ended with an anouncement of separate electorate for Sikhs, Muslims and depressed classes
which were opposed by Gandhi as his stand was that there should be an unity and not
division in the Hindu. So, it was all failure in both the conferences. And third round table
ended with the Government of India Act 1935, so, there was not much achievement in all the
conferences.
Conclusion
32
http://persmin.gov.in, last accessed on (13-02-20).
33
Onaiza Drabu, Who Is the Muslim? Discursive Representations of the Muslims and Islam in Indian Prime-
Time News, Vol. 9 2018, pp. 15 – 17.
12
The researcher concluded from this paper is that Britishers were all trying to divide and rule
the country as they MacDonald introduced communal award i.e. separate elecctorates for
depressed classes and other communities, so, they were breaking the unity which was
opposed by Gandhiji, but B.R. Ambedkar was not content with this, so, they both signed the
Poona Pact, which states about the reserved seats for the minorities so that they can be
represented in the governance system of the country Reservation talks about reserved seats
for certain community and separate electorates is about a leader representative of the
community. Congress was neutral about communal award. Most of the nationalists were
against the communal award. So, after third round table conference, ended with Government
of India Act 1935. So, Britishers were trying to divide India based on casteism especially
Muslims and try to create a line among Indians.
13