Ambedkar’s plan was community-based, and thus more
realistic than the Cripps plan
I do not think .that any detailed explanation is
necessary for the reader to follow and grasp the conclusions I have endeavored
to embody in this skeleton Act. Perhaps it might be advantageous if I bring out
some of the salient features of the proposals to which the projected statute of
Parliament is intended to give effect, by comparing them with the Cripps
proposals. In my opinion it is no use for Indians to ask, and the British Parliament to agree, to proceed forthwith to pass an Act conferring Dominion Status or Independence, without first disposing of the issue of Pakistan. The Pakistan issue must be treated as a preliminary issue and must be disposed of one way or the other. This is why I have called the proposed Act "The Government of India (Preliminary Provisions) Act." The issue of Pakistan, being one of self-determination, must be decided by the wishes of the people. It is for this that I propose to take a poll of the Muslims and non-Muslims in the predominantly Muslim Provinces. If the majority of the Muslims are in favour of separation, and a majority of non-Muslims are against separation, steps must be taken to delimit the areas wherever it is possible by redrawing provincial boundaries on ethnic and cultural lines, by separating the Muslim majority districts from the districts in which the majority consists of non-Muslims. A Boundary Commission is necessary for this purpose. So a Boundary Commission is provided for in the Act. It would be better if the Boundary Commission could be international in its composition.
The scheme of separate referenda of Muslims and non-Muslims is based on two principles which I regard as fundamental. The first is that a minority can demand safeguards for its protection against the tyranny of the majority. It can demand them as a condition precedent [=precondition]. But a minority has no right to put a veto on the right of the majority .to decide on questions of ultimate destiny. This is the reason why I have confined the referendum on the establishment of Pakistan to Muslims only. The second is that a communal majority cannot claim [=compel] a communal minority to submit itself to its dictates. Only a political majority may be permitted to rule a political minority. This principle has been modified in India, where a communal minority is placed under a communal majority subject to certain safeguards. But this is as regards the ordinary question[s] of social, economic, and political importance. It has never been conceded, and can never be conceded, that a communal majority has a right to dictate to a communal minority on an issue which is of a constitutional character. That is the reason why I have provided a separate referendum of non-Muslims only, to decide whether they prefer to go in[to] Pakistan or come into Hindustan.
After the Boundary Commission has done its work of delimiting the areas, various possibilities can arise. The Musalmans may stop with the delimitation of the boundaries of Pakistan. They may be satisfied that after all the principle of Pakistan has been accepted—which is what delimitation means. Assuming that the Musalmans are not satisfied with mere delimitation, but want to move in the direction of establishing Pakistan, there are two courses open to them. They may want to establish Pakistan forthwith, or they may agree to live under a common Central Government for a period of, say, ten years, and put the Hindus on their trial. Hindus will have an opportunity to show that the minorities can trust them. The Muslims will learn from experience how far their fears of Hindu Raj are justified. There is another possibility also. The Musalmans of Pakistan, having decided to separate forthwith, may after a period become so disgusted with Pakistan that they might desire to come back and be incorporated in Hindustan, and be one people subject to one single constitution.
These are some of the possibilities I see. These possibilities should in my judgement be kept open for time and circumstances to have their effect. It seems to me to be wrong to say to the Musalmans, if you want to remain as part of India then you can never go out, or if you want to go then you can never come back. I have in my scheme kept the door open, and have provided for both the possibilities in the Act: (1) for union after a separation of ten years, (2) for separation for ten years and union thereafter. I personally prefer the second alternative, although I have no strong views either way. It would be much better that the Musalmans should have the experience of Pakistan. A union after an experience of Pakistan is bound to be stable and lasting. In case Pakistan comes into existence forthwith, it seems to me necessary that the separation should not altogether be a severance, sharp and complete. It is necessary to maintain live contact between Pakistan and Hindustan, so as to prevent any estrangement growing up and preventing the chances of reunion. A Council of India is accordingly provided for in the Act. It cannot be mistaken for a federation. It is not even a confederation. Its purpose is to do nothing more than to serve as a coupling to link Pakistan to Hindustan until they are united under a single constitution.
Such is my scheme. It is based on a community-wise [=by community] plebiscite. The scheme is flexible. It takes account of the fact that the Hindu sentiment is against it. It also recognizes the fact that the Muslim demand for Pakistan may only be a passing mood. The scheme is not a divorce. It is only a judicial separation. It gives to the Hindus a term. They can use it to show that they can be trusted with authority to rule justly. It gives the Musalmans a term to try out Pakistan.
It might be desirable to compare my proposals with those of Sir Stafford Cripps. The proposals were given out as a serial story in parts. The draft Declaration issued on 29th March 1943 contained only the following :—
"His Majesty's
Government therefore make the following terms:—
(a) Immediately upon cessation of
hostilities steps shall be taken to set up in India in manner described hereafter
an elected body charged with the task of framing a new constitution for India.
(b) Provision shall be made, as set out
below, for participation of Indian States in the constitution-making body.
(c) His Majesty's Government undertake to
accept and implement forthwith the constitution so framed subject only to:
(i)
The right of any province of British India that is not prepared to accept the
new constitution to retain its present constitutional position, provision being
made for its subsequent accession if it so decides.
With such non-acceding
provinces should they so desire. His Majesty's Government will be prepared to
agree upon a new constitution giving them the same full status as the Indian
Union and arrived at by a procedure analogous to that here laid down."
Particulars of accession and secession
were given in his broadcast. They were in the following terms :—
"That
constitution-making body will have as its object the framing of a single
constitution for the whole of India—that
is, of British India, together with such of
the Indian States as may decide to join in.
"But we realize this very simple
fact. If you want to persuade a number of people who are inclined to be
antagonistic to enter the same room, it is unwise to tell them that once they
go in there is no way out, they are to be forever locked in together.
"It is much wiser to tell them they
can go in and if they find they can't come to a common decision, then there is
nothing to prevent those who wish, from leaving again by another door. They are
much more likely all to go in if they have knowledge that they can by their
free will go out again if they cannot agree.
"Well, that is what we say to the
provinces of India.
Come together to frame a common constitution—if you find after all your
discussion and all the give and take of a constitution-making assembly that you
cannot overcome your differences and that some provinces are still not
satisfied with the constitution, then such provinces can go out and remain out
if they wish and just the same degree of self-government and freedom will be
available for them as for the Union itself, that is to say complete
self-government."
To complete the picture further details
were added at the Press Conference. Explaining the plan for accession or
secession of provinces Sir Stafford Cripps said :—
"If at the end of
the Constituent Assembly proceedings, any province or provinces did not wish to
accept the new constitution and join the Union, it was free to keep
out—provided the Provincial Assembly of that province, by a substantial vote
say not less than 60 per cent., decided against accession. If it was less than
60 per cent, the minority could claim a plebiscite of the whole province for
ascertaining the will of the people. In the case of the plebiscite, a bare
majority would be enough. Sir Stafford explained that for completing accession
there would have to be a positive vote from the Provincial Assembly concerned.
The non-acceding province[s] could, if they wanted, combine into a separate
union through a separate Constituent Assembly, but in order to make such a Union practicable they should be geographically
contiguous."
The main difference between my plan and
that of Sir Stafford Cripps is quite obvious. For deciding the issue of
accession or secession, which is only another way of saying, will there be or
will there not be Pakistan,
Sir Stafford Cripps took the Province as a deciding unit. I have taken
community as the deciding unit. I have no doubt that Sir Stafford adopted a
wrong basis. The Province can [=could] be a proper unit if the points of
dispute were interprovincial. For instance, if the points of dispute related to
questions such as distribution of taxation, of water, etc., one could
understand the Province as a whole or a particular majority in that Province
having the right to decide. But the dispute regarding Pakistan is an
inter-communal problem which has involved two communities in the same Province.
Further, the issue in the dispute is not on what terms the two communities will
agree to associate in a common political life. The dispute goes deeper, and
raises the question [of] whether the communities are prepared at all to
associate in a common political life. It is a communal difference in its
essence, and can only be decided by a community-wise plebiscite.
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