Indian Legal and Constitutional History- Nehru report

Background

Government of India Act, 1919 provided certain degree of participation in power for Indians. It was stated that working of this act would be reviewed withing 10 years. To continue with reforms British appointed one commission, Simon Commission. This commission was to introduce more constitutional reforms. Sadly, the commission which was appointed for constitutional reforms of India had no Indian members!. It made us angry, very angry. There was protest all across the country. We all know our great leader Lala Lajpat Rai sacrifice life after Police laathicharge.

 British thought that Indians were not capable of making their constitution which would be acceptable to all of her people. In response to this committee was created (All party) and draft of report was prepared. challenge accepted

Provisions

  •  Dominion status for Indians. 
  •  It contained bill of rights, granting civil liberties to people. 19 Fundamental rights were included in this report.
  • All the power of legislative, executive and judiciary will be derived from people
  • India will be secular. There will be no state religion. (See the condition of states who have state religion like Pakistan, Arab Countries etc)
  •  Creation of supreme court
  • No separate electorates for minorities, but there will be reservation where population of minority is more than 10%.
  • Language of union would be Indian, like Hindi, Sanskrit, Dravidian language. 
  • Residuary power will remain with center.
  • Provision for House of senate, which would consist of 200 provincial nominees (Like todays Rajya Sabha) and there would be House of representatives which would consist of 500 elected members (like today's Lok Sabha).
  • Creation of provinces based on language.
  • British Crown would still have power to appoint Governor for each of province and there must be representative legislature in each of the provinces. 
  • Provinces would be run be chief minister with representative government.

Outcome

Was challenge won ? NO. Jinnah didn't like it much. He wanted separate electorate for minorities.  He wanted residuary power with provinces. 

Even young folks withing Congress didn't like it much. Why dominion, why not full independence was their view.

Conclusion

Challenge of British was Indians will not be able to make constitution which will be acceptable to all the people. It turns out to be true, as Muslim League didn't like it much. Jinnah event went ahead and launched his 14 points agenda. Though not successful, it still is important in our history. Our leaders, back in 1930 accepted challenge from the mightiest British. Todays leaders blame past government for their failure :(

Imagine, just for sake of imagination. If some points were compromised, League accepted this report, probably demand for partition would have never arisen, and we would be largest country in term of Population and probably we would have won all the cricket world cups!


Legalfundaa

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