The Nehru Report, finalized in August 1928, was a response to Lord Birkenhead’s challenge and drafted by the All Parties Conference. It proposed dominion status, joint electorates, and linguistic provinces, alongside fundamental rights and a detailed government structure. Despite a consensus on many points, the recommendation of dominion status was contentious, particularly among more radical factions. The report aimed to provide a comprehensive framework for India's constitutional development.
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The Nehru Report: Drafting India's Constitutional Framework
Formation: In response to Lord Birkenhead’s challenge, the All Parties Conference in February 1928 appointed a sub-committee chaired by Motilal Nehru to draft a constitution. The committee included prominent figures like Tej Bahadur Sapru, Subhash Bose, M.S. Aney, Mangal Singh, Ali Imam, Shuab Qureshi, and G.R. Pradhan. The report was finalized by August 1928.
Consensus and Divergence: The committee's recommendations were mostly unanimous, though there was a division over the constitutional basis. While the majority favored "dominion status," a faction supported "complete independence," with the majority allowing this section the liberty of action.
Dominion Status: Recommended dominion status similar to other self-governing dominions, which displeased more militant sections, including Nehru.
Electoral Reforms: Rejected separate electorates; instead, proposed joint electorates with reserved seats for Muslims in minority provinces (not in majority provinces like Punjab and Bengal) in proportion to their population with the right to contest additional seats.
Linguistic Provinces: Suggested the formation of provinces based on linguistic lines.
Fundamental Rights: Proposed nineteen fundamental rights, including equal rights for women, the right to form unions, and universal adult suffrage.
Government Structure:
Central Government: A 500-member House of Representatives elected by adult suffrage, a 200-member Senate elected by provincial councils, with a ten-year term for the House and a seven-year term for the Senate. The central government would be headed by a governor-general appointed by the British government but funded by Indian revenues, acting on the advice of the central executive council accountable to Parliament.
Provincial Councils: Would have a five-year tenure, headed by a governor acting on the advice of the provincial executive council.
Cultural and Religious Protection: Ensured full protection for the cultural and religious interests of Muslims.
Secular State: Advocated for complete dissociation of the State from religion.
Communal Responses to the Nehru Report: Muslim and Hindu Perspectives
Overview: In December 1927, Muslim leaders met at the Muslim League session in Delhi and formulated four key proposals. These were later accepted by the Madras session of the Congress.
Key Proposals:
Joint electorates replacing separate electorates, with reserved seats for Muslims.
One-third representation for Muslims in the Central Legislative Assembly.
Representation for Muslims in Punjab and Bengal proportional to their population.
Creation of three new Muslim-majority provinces: Sindh, Baluchistan, and North-West Frontier Province.
Opposition: The Hindu Mahasabha opposed the creation of new Muslim-majority provinces and the reservation of seats for Muslims in Punjab and Bengal. They argued this would allow Muslims to control the legislatures in these regions.
Unitary Structure: The Hindu Mahasabha demanded a strictly unitary structure of government, complicating the negotiation process.
Negotiation Issues: During the All Parties Conference deliberations, the Muslim League stuck to its demands for reserved seats for Muslims, particularly in the central legislature and in Muslim-majority provinces.
Compromises Made:
Joint electorates proposed with reservation for Muslims only in minority areas.
Sindh to be detached from Bombay only after dominion status was granted and with considerations for the Hindu minority in Sindh.
Political structure to be broadly unitary, with residual powers remaining with the central government.
General Discontent: The Nehru Report faced dissatisfaction from several quarters including the Muslim League, Hindu Mahasabha, Sikh communalists, and sections within the Congress party.
Criticism from Congress: The younger section of the Congress, led by Jawaharlal Nehru and Subhash Bose, was particularly critical. They viewed the dominion status proposed in the report as a regressive step.
Formation of Independence for India League: In response to their dissatisfaction, Nehru and Subhash Bose rejected the Congress’ modified goal and established the Independence for India League.
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