Monday 2 January 2012

Round Table Conference-3


Dr. Ambedkar at the Round Table Conferences
______________________________________________

 
APPENDIX I[f1]
PROVISIONS FOR A SETTLEMENT OF THE COMMUNAL PROBLEM PUT FORWARD JOINTLY BY MUSLIMS, DEPRESSED CLASSES, INDIAN CHRISTIANS, ANGLO-INDIANS AND EUROPEANS
CLAIMS OF MINORITY COMMUNITIES
______________________________________________________________________________________

1. No person shall by reason of his origin, religion, caste or creed, be prejudiced in any way in regard to public employment, office of power or honour, or with regard to enjoyment of his civic rights and the exercise of any trade or calling.
2. Statutory safeguards shall be incorporated in the constitution with a view to protect against enactments of the Legislature of discriminatory laws affecting any community.
3. Full religious liberty, that is, full liberty of belief, worship observances, propaganda, associations and education, shall be guaranteed to all communities subject to the maintenance of public order and morality.
No person shall merely by change of faith lose any civic right or privilege, or be subject to any penalty.
4. The right to establish, manage and control, at their own expense, charitable, religious and social institutions, schools and other educational establishments with the right to exercise their religion therein.
5. The constitution shall embody adequate safeguards for the protection of religion, culture and personal law, and the promotion of education, language, charitable institutions of the minority communities and for their due share in grants-in-aid given by the State and by the self-governing bodies.
6. Enjoyment of civic rights by all citizens shall be guaranteed by making any act or omission calculated to prevent full enjoyment an offence punishable by law.
7. In the formation of Cabinets in the Central Government and Provincial Governments, so far as possible, members belonging to the Mussulman community and other minorities of considerable number shall be included by convention.
8. There shall be Statutory Departments under the Central and Provincial Governments to protect minority communities and to promote their welfare.
9. All communities at present enjoying representation in any Legislature through nomination or election shall have representation in all Legislatures through separate electorates and the minorities shall have not less than the proportion set forth in the Annexure but no majority shall be reduced to a minority or even an equality. Provided that after a lapse of ten years it will be open to Muslims in Punjab and Bengal and any minority communities in any other Provinces to accept joint electorates, or joint electorates with reservation of seats, by the consent of the community concerned. Similarly after the lapse of ten years it will be open to any minority in the Central Legislature to accept joint electorates with or without reservation of seats with the consent of the community concerned.
With regard to the Depressed Classes no change to joint electorates and reserved seats shall be made until after 20 years' experience of separate electorates and until direct adult suffrage for the community has been established.
10. In every Province and in connection with the Central Government a Public Services Commission shall be appointed, and the recruitment to the Public Services, except the proportion, if any, reserved to be filled by nomination by the Governor-General and the Governors, shall be made through such Commission in such a way as to secure a fair representation to the various communities consistently with the considerations of efficiency and the possession of the necessary qualifications. Instructions to the Governor-General and the Governors in the Instrument of Instructions with regard to recruitment shall be embodied to give effect to this principle, and for that purpose, to review periodically the composition of the services.
11 If a Bill is passed which, in the opinion of two-thirds of the members of any Legislature representing a particular community affects their religion or social practice based on religion, or in the case of fundamental rights of the subjects if one-third of the members object, it shall be open to such members to lodge their objection thereto, within a period of one month of the Bill being passed by the House, with the President of the House who shall forward the same to the Governor-General or the Governor, as the case may be, and he shall thereupon suspend the operation of that Bill for one year, upon the expiry of which period he shall remit the said Bill for further consideration by the Legislature. When such Bill has been further considered by the Legislature and the Legislature concerned has refused to revise or modify the Bill so as to meet the objection thereto, the Governor-General or the Governor, as the case may be, may give or withhold his assent to it in the exercise of his discretion, provided further, that the validity of such Bill may be challenged in the Supreme Court by any two members of the denomination affected thereby on the grounds that it contravenes one of their fundamental rights.
special claims of mussulmans
A. The North-West Frontier Province shall be constituted a Governor's Province on the same footing as other Provinces with due regard to the necessary requirements for the security of the Frontier.
In the formation of the Provincial Legislature the nomination shall not exceed more than 10 per cent of the whole.
B. Sind shall be separated from the Bombay Presidency and made a Governor's Province similar to and on the same footing as other Provinces in British India.
C. Mussulman representation in the Central Legislature shall be one-third of the total number of the House, and their representation in the Central Legislature shall not be less than the proportion set forth in the Annexure.
special claims of the depressed classes
A. The constitution shall declare invalid any custom or usage by which any penalty or disadvantage or disability is imposed upon or any discrimination is made against any subject of the State in regard to the enjoyment of civic rights on account of Untouchability.
B. Generous treatment in the matter of recruitment to Public Service and the opening of enlistment in the Police and Military Service.
C. The Depressed Classes in the Punjab shall have the benefit of the Punjab Land Alienation Act extended to them.
D. Right of Appeal shall lie to the Governor or Governor-General for redress of prejudicial action or neglect of interest by any Executive Authority. E. The Depressed Classes shall have representation not less than set forth in the Annexure.
special claims of the anglo-indian community
A. Generous interpretation of the claims admitted by Sub-Committee No. VIII (Services) to the effect that in recognition of the peculiar position of the community special consideration should be given to the claim for public employment, having regard to the maintenance of an adequate standard of living.
B. The right to administer and control its own educational institutions, i.e., European education, subject to the control of the Minister.
Provisions for generous and adequate grants-in-aid and scholarships on the basis of present grants.
C. Jury rights equal to those enjoyed by other communities in India unconditionally of proof of legitimacy and descent and the right of accused persons to claim trial by either a European or an Indian Jury.
special claims of the european community
A. Equal rights and privileges to those enjoyed by Indian-born subjects in all industrial and commercial activities.
B. The maintenance of existing rights in regard to procedure of criminal trials, and any measure or bill to amend, alter, or modify such a procedure cannot be introduced except with the previous consent of the Governor-General.
Agreed by—
HIS HIGHNESS THE AGA KHAN (Muslims),
DR. AMBEDKAR (Depressed Classes),
RAO BAHADUR PANNIR SELVAM (Indian Christians).
SIR HUBERT CARR (Europeans).
APPENDIX Icontd.
ANNEXURE
REPRESENTATION IN LEGISLATURES
Figures in brackets = Population basis 1931 figures and depressed percentages as per Simon Report.



Strength of Chamber
Hindus

Muslims Christians
Sikhs
Anglo- Indians Tribal etc.    
Europeans


Caste
Depressed
Total




Centre









All India (1931)









Upper
200
(47.5)
101
(19)*
20
(66.5)
121
(21.5)
67
1
6
1
4










Lower

Assam
300

100*
123
(48.9)
38
45
(13.4)
13
168
(62.3)
51
100
(34.8)
35
7

3
10                       
                       
3

1
12

10


(18.3)
(24.7)
(43)
(54.9)




Bengal
200
38
35
73
102
2

3
20


(67.8)
(14.5)
(82.3)
(11.3)




Bihar and Orissa
100
51
14
65
25
1

1 3
5
   *Represents percentage in Governor's Provinces of British India.
   *Population figures exclude Tribal Areas.

APPENDIX I – contd.
ANNEXURE  - contd.
REPRESENTATION IN LEGISLATURES
Figures in brackets = Population basis 1931 figures and depressed percentages as per Simon Report.




Strength of Chamber
Hindus

Muslims Christians
Sikhs
Anglo- Indians Tribal etc.    
Europeans


Caste
Depressed
Total




Centre









All India (1931)









Upper
200
(47.5)
101
(19)*
20
(66.5)
121
(21.5)
67
1
6
1
4










Lower

Assam
300

100*
123
(48.9)
38
45
(13.4)
13
168
(62.3)
51
100
(34.8)
35
7

3
10                        
                       
3

1
12

10


(18.3)
(24.7)
(43)
(54.9)




Bengal
200
38
35
73
102
2

3
20


(67.8)
(14.5)
(82.3)
(11.3)




Bihar and Orissa
100
51
14
65
25
1

1 3
5



APPENDIX I – contd.
ANNEXURE  - contd.
REPRESENTATION IN LEGISLATURES
Figures in brackets = Population basis 1931 figures and deressed percentages as per Simon Report.

___________________________________________________________________________________________________________________________________________________________

Strength of                                       Hindus                                                                                                                        Anglo-          
                      _________________________________________________      Muslims        Christians         Sikha                           Tribal etc.          Europeans
Chamber                

                              Casts                  Depressed                   Total                                                                                        Indians



                                                               (68)                 (8)                      (76)                        (20)

    Bombay            ..           200                88                    28                     116                          66            2                      3                                13

                                  On Sind being separated weightage of Mussulmans in Bombay to be on the same footing as to the Hindus in the N.W.F.P.

                                                              (63.1)             ( 23.7)                  (86.8)                      (44)        

   C.P.                             100                58                     20                       78                           15           1                      2                  2                  2  


                                                              (71.3)               (15.4)                  ( 86.7)                     (7.1)        (3.7)


  Madras                          200            102                     40                         142                          30           14           ….        4                  2                  8


                                                               (15.1)               (13.5)                    (28.6)                      (56.5)                        (13)

  Punjab             ….             100              14                      10                           24                          51           1.5              20     1.5              ….               2


                                                               (58.1)                (26.4)                    (84.5)                       (14.8)

  U.P.                 ….              100              44                       20                          64                           30           1                ….     2                  ….              3


Sind and N.W.F.P. .. Weoghtage similar to that enjoyed by the Mussulmans in the Provinces in which they  constitute a minority of the population
                                   Shall eb given to the Hindu minority in Sind and to the Hindu and Sikh minorities in the N.W.F.P.



                                                               

Explanatory Memorandum to Appendix I
1. The suggested details for community representation have not been agreed by the Hindus or the Sikhs, but the full representation claimed by the latter in the Central Legislature is provided for.
2. The proposed distribution of seats for the different minorities constitutes a whole scheme and the detailed proposals cannot be separated one from another.
3. This distribution of seats follows the principle that in no case is the majority community to be reduced to the position of a minority of even equality.
4. No representation is provided for Commerce, Landlords, Industry, Labour, etc. It being assumed that these seats are ultimately communal and that communities desiring special representation for these interests may do so out of the communal quota.
5. The allowance of 33 1/2 per cent. representation to Muslims in the Central Legislature is based on the assumption that 26 per cent. shall be from British India and at least 7 per cent. by convention out of the quota assigned to the Indian States.
6. In the Punjab the suggested common sacrifice by the Muslims, Caste-Hindus and the Depressed Classes, would permit of a weightage of 54 per cent being given to the Sikhs, giving them representation of 20 per cent. in the Legislature.
7. The proposals may be taken as being acceptable to well over 115 millions of people, or about 46 percent of the population of India.

SUPPLEMENTARY MEMORANDUM ON THE CLAIMS OF THE DEPRESSED CLASSES FOR SPECIAL REPRESENTATION By Dr. Bhimrao R. Ambedkar and Rao Bahadur R. Srinivasan
In the memorandum that was submitted by us last year dealing with the question of political safeguards for the protection of the Depressed Classes in the constitution for a self-governing India, and which forms Appendix III to the printed volume of Proceedings of the Minorities Subcommittee, we had demanded that special representation of the Depressed Classes must form one of such safeguards. But we did not then define the details of the special representation we claimed as being necessary for them. The reason was that the proceedings of the Minorities Sub-Committee came to an end before the question was reached. We now propose to make good the omission by this supplementary memorandum so that the Minorities
Sub-Committee, if it comes to consider the question this year, should have the requisite details before it.
I. extent of special representation
A. Special Representation in Provincial Legislature
(i) In Bengal, Central Provinces, Assam, Bihar and Orissa, Punjab and the United Provinces, the Depressed Classes shall have representation in proportion to their population as estimated by the Simon Commission and the Indian Central Committee.
(ii) In Madras the Depressed Classes shall have twenty-two per cent representation. (iii) In Bombay—
(a) In the event of Sind continuing to be a part of the Bombay Presidency the Depressed Classes shall have sixteen percent representation.
(b) In the event of Sind being separated from the Bombay Presidency the Depressed Classes shall enjoy the same degree of representation as the Presidency Muslims, both being equal in population.
B. Special Representation in the Federal Legislature
In both Houses of the Federal Legislature the Depressed Classes shall have representation in proportion of their population in India.
reservations
We have fixed this proportion of representation in the Legislatures on the following assumptions :
(1) We have assumed that the figures for the population of the Depressed Classes given by the Simon Commission (Vol. I, p. 40) and the Indian Central Committee (Report, p. 44) will be acceptable as sufficiently correct to form a basis for distributing seats.
(2) We have assumed that the Federal Legislature will comprise the whole of India, in which case the population of the Depressed Classes in Indian States, in Centrally Administered Areas, and in Excluded Territories, besides their population in Governor's Provinces, will form very properly an additional item in calculating the extent of representation of the Depressed Classes in the Federal Legislature.
(3) We have assumed that the administrative area of the Provinces of British India will continue to be what they are at present. But if these assumptions regarding figures of population are challenged as some interested parties threaten to do, and if under a new census over which the Depressed Classes can have no control, the population of the Depressed Classes shows a lower proportion, or if the administrative areas of the Provinces are altered, resulting in disturbing the existing balance of population, the Depressed Classes reserve their right to revise their proportion of representation and even to claim weightage. In the same way, if the
All-India Federation does not come into being, they will be willing to submit XI        to readjustment in their proportion of representation calculated on that basis in the Federal Legislature.
II. method of representation
1. The Depressed Classes shall have the right to elect their representatives to the Provincial and Central Legislatures through separate electorates of their voters.
For their representation in the Upper House of the Federal or Central Legislature, if it is decided to have indirect election by members of the Provincial Legislatures, the Depressed Classes will agree to abandon their I        right to separate electorates so far as their representation to the Upper House is concerned subject to this: that in any system of proportional representation arrangement shall be made to guarantee to them their quota of seats.
2. Separate electorates for the Depressed Classes shall not be liable to be replaced by a system of joint electorates and reserved seats, except when
the following conditions are fulfilled :
(a) A referendum of the voters held at the demand of a majority of their representatives in the Legislatures concerned and resulting in an absolute majority of the members of the Depressed Classes having the franchise.
(b) No such referendum shall be resorted to until after twenty years and until universal adult suffrage has been established.
III. necessity of defining the depressed classes
The representation of the Depressed Classes has been grossly abused in the past inasmuch as persons other than the Depressed Classes were nominated to represent them in the Provincial Legislatures, and cases are not wanting in which persons not belonging to the Depressed Classes got themselves nominated as representative of the Depressed Classes. This abuse was due to the fact that while the Governor was given the power to nominate persons to represent the Depressed Classes, he was not required to confine his nomination to persons belonging to the Depressed Classes. Since nomination is to be substituted by election under the new constitution, there will be no room for this abuse. But in order to leave no loophole for defeating the purpose of their special representation we claim—
(i) That the Depressed Classes shall not only have the right lo their own separate electorates, but they shall also have the right to be represented by their own men.
(ii) That in each Province the Depressed Classes shall be strictly defined as meaning persons belonging to communities which are subjected to the system of untouchability of the sort prevalent therein and which are enumerated by name in a schedule prepared for electoral purposes.
IV. nomenclature
In dealing with this part of the question we would like to point out that the existing nomenclature of Depressed Classes is objected to by members of the Depressed Classes who have given thought to it and also by outsiders who take interest in them. It is degrading and contemptuous, and advantage may be taken of this occasion for drafting the new constitution to alter for official purposes the existing nomenclature. We think that they should be called " Non-caste Hindus ", " Protestant Hindus ", or " Non-conformist Hindus ", or some such designation, instead of " Depressed Classes ". We have no authority to press for any particular nomenclature. We can only suggest them, and we believe that if properly explained the Depressed Classes will not hesitate to accept the one most suitable for them. We have received a large number of telegrams from the Depressed Classes all over India supporting the demands contained in this Memorandum.




 [f1]This is printed as Appendix III in the original proceedings of the Federal Structure Committee and Minorities Committee, pp. 1394-99.

 [f2]For previous memorandum see Appendix to Proceedings of the Minorities Sub-Committee of the First Session of the Conference. This Supplementary Memorandum, dated 4th November 1931 is printed as Appendix VII in the original proceedings at pp. 1409-11.

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