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
HENRY GIDNEY (Anglo-Indians),
SIR
HUBERT CARR (Europeans).
APPENDIX
I—contd.
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 |
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.