Legal and Constitutional Hisory - Jinnah's 14 points

Background

In a challenge by British to Indians, to prepare constitution which would be acceptable to all, Nehru Report was prepared. This report was not liked by Jinnah much. He rejected the report and put forward his 14 points as the condition acceptable to Muslim League.

What are those points

  1. The form of the future constitution should be federal, with the residuary powers vested in the provinces.
  2.  A uniform measure of autonomy shall be guaranteed to all provinces;
  3.  All legislatures in the country and other elected bodies shall be constituted on the definite principle of adequate and effective representation of minorities in every province without reducing the majority in any province to a minority or even equality;
  4. In the Central Legislature, Muslim representation shall not be less than one third;
  5. Representation of communal groups shall continue to be by means of separate electorate as at present: provided it shall be open to any community, at any time to abandon its separate electorate in favour of a joint electorate.
  6.  Any territorial distribution that might at any time be necessary shall not in any way affect the Muslim majority.
  7.  Full religious liberty, i.e. liberty of belief, worship and observance, propaganda, association and education, shall be guaranteed to all communities.
  8.  No bill or resolution or any part thereof shall be passed in any legislature or any other elected body if three fourths of the members of any community in that particular body oppose it as being injurious to the interests of that community or in the alternative, such other method is devised as may be found feasible and practicable to deal with such cases.
  9. Sindh should be separated from the Bombay Presidency.
  10.  Reforms should be introduced in the North West Frontier Province and Balochistan on the same footing as in the other provinces.
  11. Provision should be made in the constitution giving Muslims an adequate share, along with the other Indians, in all the services of the state and in local self-governing bodies having due regard to the requirements of efficiency.
  12. The constitution should embody adequate safeguards for the protection of Muslim culture and for the protection and promotion of Muslim education, language, religion, personal laws and Muslim charitable institutions and for their due share in the grants-in-aid given by the state and by local self-governing bodies.
  13. No cabinet, either central or provincial, should be formed without there being a proportion of at least one-third Muslim ministers.
  14.  No change shall be made in the constitution by the Central Legislature except with the concurrence of the States constituting of the Indian Federation.

Outcome

Congress didn't like these points. Nehru even described these points as "Jinnah's ridiculous 14 points".


Comments

Post a Comment

Followers

Popular posts from this blog

Privileges and Immunities to Administration in Suits

Introduction You know government can enter into contracts. Government can start some business. It mean government can sue other people, or you can sue the government. Before you initiate a legal proceedings against government, or even after legal proceedings are initiated, there are some relaxations to government.( OK, we will use Government/Administration as per our discretion interchangeably in this post, but they will mean the same ). So, it might happen that to prove something you may need a document or evidence, but government may be given exemption to produce evidence in that regard. Let's take one example.  General law is that burden of proof is on prosecution. Meaning, the one who accuses other  needs to prove the crime/offence by other. But when government accuses you of Sedition, you have to prove your innocence, burden of proof is on YOU. This is scary, as many times government in power just accuses people of sedition who opposes their ideas/policies, and put oppone...
Read more

Legal History-Administration of Justice in Bombay (1668-1726)

Image
Story About Bombay In 1534, Portuguese acquired Bombay from Local Hindu Raja. Then Bombay was given to King Charles II as dowry in his sister's marriage to in 1661. In 1668 Bombay was given to rent to East India Company for a rent of 10  £ . By today's exchange it would be around 100 Rs. So  yes, Bombay was given on rent to East India Company for the price of 10 Vada-Pav. Administration of Bombay was subordinate to Surat back then. After renting it, company issued a charter in 1668 granting company some rights to make laws to deal with Bombay. Like Administration in Madras, development of Earlier administration could be studied in 3 stages. First Stage: 1670-1683 (Aungier Eara) During this period Bombay was subordinated to Surat. The Governor of Surat was ex-officio Governor of Bombay, though Bombay had Deputy Governor and Council. Gerald Aungier brought some changes in Administration of justice. Two plans, i.e plan of 1670 and plan of 1672 made progress in so...
Read more

Overview of Appeal in CrPC

Image
Introduction Here is the simplistic hierarchy of the Courts. (JMFC stands for Judicial Magistrate of First Class) Not so serious cases are tackled by Lower courts. Serious cases are tackled by Sessions court.  We humans are not Gods. Courts are presided by humans and its possible that they can make a mistake. They should be remedy to people when courts commits  mistake. One of such remedy is Appeals. Remember this one, you don't have right of Appeal in all the cases even if you feel Court had committed some mistake. Criminal Procedure Code gives a right to appeal in specific circumstance.  CrPC provides circumstance when you CANNOT appeal. Apart from CrPC, constitution also have certain provisions related to Appeal. Specific laws like NIA Act, UAPA Act etc have provided separate procedure of Appeal.   In this post we will cover below things When you CANNOT appeal ? Who can appeal and for What purpose ? Appeals to Sessions Court Appeals to High Court Appeals to Suprem...
Read more