Vol. 2 · pages 371–375
In the Bombay Legislature, with the Simon Commission and at the Round Table Conferences
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the system of mixed electorates superior to that of the separate electorates
as a means of protection to the minority. The Mohamedan minority seems
to think that the Council is, like the Cardinals’ conclave, convened for the
election of the Pope, an ecclesiastical body called for the determination of
religious issues. If that was true then their insistence on having few men
but strong men would have been a wise course of conduct. But it is time
the community realised that Council far from being a religious conclave is a
secular organisation intended for the determination of secular issues. In such
determination of the issues, the finding is always in favour of the many. If
this is so, does not the interest of the minority itself justify a system which
compels others besides its own members to support its cause ?
59. The second ground on which the claim to separate electorates is made
to rest is that the Mohamedans are a community by themselves ; that they
are different from other communities not merely in religion but that their
history, their traditions, their culture, their personal laws, their social customs
and usages have given them such a widely different outlook on life quite
uninfluenced by any common social ties, sympathies or amenities; that they
are in fact a distinct people and that they do so regard themselves even
though they have lived in this country for centuries. On this assumption
it is argued that if they are compelled to share a common electorate with
other communities, the political blending consequent upon it will impair the
individuality of their community. How far this assumption presents a true
picture, I do not step to consider. Suffice it to say, that in my opinion it is
not one which can be said to be true to life. But conceding that it is true and
conceding further that the preservation of the individuality of the Mohamedan
community is an ideal which is acceptable to that community one does not
quite see why communal electorates should be deemed to be necessary for
the purpose. India is not the only country in which diverse races are sought
to be brought under a common Government. Canada and South Africa are
two countries within the British Empire where two diverse races are working
out a common system of government. Like the Hindus and the Mohamedans
in India, the British and the Dutch in South Africa and the British and the
French in Canada are two distinct communities with their own distinctive
cultures. But none has ever been known to object to common electorates on
the ground that such a common cycle of participation for the two communities
for electoral purposes is injurious to the preservation of their individualities.
Examples of diverse communities sharing common electorates outside the
Empire are by no means few. In Poland there are Poles, Ruthenians, Jews,
White Russians, Germans and Lithuanians. In Latvia, there are Latvians,
Russians, Jews, Germans, Poles, Lithuanians and Esthonians. In Esthonia,
there are Germans, Jews, Swedes, Russians, Latvians and Tartars. In
Czechoslovakia, there are Czechs, Slovaks, Germans, Magyars, Ruthenians.
Jews and Poles. In Austria, there are Germans, Czechs and Slovenes; while
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in Hungary there are Hungarians. Germans, Slovaks, Roumanians,
Ruthenians. Croatians, and Serbians. All these groups are not mere
communities. They are nationalities each with a live and surging individuality
of their own, living in proximity of each other and under a common
Government. Yet none of them have objected to common electorates on the
ground that a participation in them would destroy their individuality.
60. But it is not necessary to cite cases of non-Moslem communities to show
the futility of the argument. Cases abound in which Mohamedan minorities
in other parts of the world have never felt the necessity of communal
electorates for the preservation of their individuality against what might be
termed the infectious contagion of political contact with other communities.
It does not seem to be sufficiently known that India is not the only country
where Mohamedans are in a minority. There are other countries, in which
they occupy the same position. In Albania, the Mohamedans form a very
large community. In Bulgaria, Greece and Roumania they form a minority
and in Yugoslavia and Russia they form a very large minority. Have the
Mohamedan communities there insisted upon the necessity of separate
communal electorates ? As all students of political history are aware the
Mohamedans in these countries have managed without the benefit of
separate electorates ; nay, they have managed without any definite ratio of
representation assured to them. In India, at any rate, there is a consensus
of opinion, that as India has not reached a stage of complete secularisation
of politics, adequate representation should be guaranteed to the Mohamedan
community, lest it should suffer from being completely eclipsed from the
political field by the religious antipathy of the majority. The Mohamedan
minorities, in other parts of the world are managing their affairs even
without the benefit of this assured quota. The Mohamedan case in India,
therefore, overshoots the mark and in my opinion, fails to carry conviction.
61. The third ground on which it is sought to justify the retention of
separate communal electorates of the Mohamedans, is that the voting
strength of the Mohamedans in a mixed electorate may be diluted by the
non-Mohamedan vote to such an extent that the Mohamedan returned by
such a mixed electorate, it is alleged, will be a weak and instead of being
a true representative of the Mohamedans will be a puppet in the hands
of the non-Mohamedan communities. This fear has no doubt the look of
being genuine, but a little reasoning will show that it is groundless. If the
mass of the non-Muslim voters were engaged in electing a Mohamedan
candidate, the result anticipated by the Mohamedans may perhaps come
true if the non-Muslims are bent on mischief. But the fact is that at the
time of general election there will be many non-Mohamedan candidates
standing for election. That being the case, the full force of all the nonMuslim voters will not be directed on the Mohamedan candidates. Nor will
the non-Mohamedan candidates allow the non-Mohamedan voters to waste
their votes by concentrating themselves on the Mohamedan candidates. On
the contrary, they will engage many voters, if not all, for themselves. If this
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analysis is true, then it follows that very few non-Mohamedan voters will
be left to participate in the election of the Mohamedan candidates, and that
the fear of the Mohamedans of any mass action against Muslim candidates
by non-Muslim voters is nothing but a hallucination. That the Mohamedans
themselves do not believe in it is evident from what are known as the “Delhi”
proposals. According to these proposals, which have been referred to in an
earlier part of this report, the Mohamedans have shown their willingness
to give up communal electorates, in favour of joint electorates, provided the
demand for communal Provinces and certain other concessions regarding the
representation of the Muslims in the Punjab and Bengal are given to them.
Now, assuming that these communal Provinces have no purpose outside their
own, and it is an assumption which we must make, it is obvious that the
Mohamedan minority in any province must be content with such protection as
it can derive from joint electorates. It is therefore a question as to why joint
electorates should not suffice without the addition of communal Provinces
when they are said, to suffice with the addition of communal Provinces. But
this consideration apart, if there is any substance in the Muslim view that
the watering of votes is an evil which attaches itself to the system of joint
electorates, then the remedy in my opinion does no lie in the retention of
communal electorates. The remedy lies in augmenting the numbers of the
Mohamedan electors to the fullest capacity possible by the introduction of
adult suffrage, so that the Mohamedan community may get sufficiently
large voting strength to neutralise the effects of a possible dilution by an
admixture of the non-Muslim votes.
62. All this goes to show that the case for communal electorates cannot
be sustained on any ground which can be said to be reasonable. What is
in its favour is feeling and sentiment only. I do not say that feeling and
sentiment have no place in the solution of political problems. I realise fully
that loyalty to Government is a matter of faith and faith is a matter of
sentiment. This faith should be secured if it can be done without detriment
to the body politic. But communal representation is so fundamentally wrong
that to give in to sentiment in its case would be to perpetuate an evil. The
fundamental wrong of the system, has been missed even by its opponents.
But its existence will become apparent to any one who will look to its
operation. It is clear that the representatives of the Muslims give law to
the non-Muslims. They dispose of revenue collected from the non-Muslims.
They determine the education of the non-Muslims, they determine what
taxes and how much the non-Muslims shall pay. These are some of the most
vital things which Muslims as legislators do, whereby affect the welfare of
the non-Muslims. A question may be asked by what right can they do this ?
The answer, be it noted, is not by right of being elected as representatives
of the non-Muslims. The answer is by a right of being elected as the
representatives of the Muslims ! Now, it is an universally recognised canon
of political life that the Government must be by the consent of the governed.
From what I have said above communal electorates are a violation of that
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canon. For, it is government without consent. It is contrary to all sense
of political justice to approve of a system which permits the members of
one community to rule other communities without their having submitted
themselves to the suffrage of those communities. And if as the Mohamedans
allege that they are a distinct community with an outlook on life widely
different from that of the other communities, the danger inherent in the
system becomes too terrible to be passed over with indifference.
63. Such are the defects in the existing structure of the Council. It was
framed by the Southborough Committee in 1919. The nature of the framework
prepared by that Committee was clearly brought forth by the Government
of India in their Despatch No. 4 of 1919 dated 23rd April, 1919, addressed
to the Secretary of State in which they observed :
“2. Before we deal in detail with the report (of the Southborough Committee)
one preliminary question of some importance suggests itself. As you will see,
the work of the Committee has not to any great extent been directed towards
the establishment of principles. In dealing with the various problems that came
before them they have usually sought to arrive at agreement rather than to
base their solution upon general reasonings.”
64. My colleagues have not cared to consider the intrinsic value of the
framework as it now stands. They have no doubt recommended that the
system of nominations should be done away with and in that I agree with
them. But excepting that they have kept the whole of the electoral structure
intact, as though it was free from any objection. In this connection I differ
from them. As I have pointed out, the whole structure is faulty and must
be overhauled. I desire to point out that the object of the Reforms are
embodied in the pronouncement of August, 1917, declares the goal to be
the establishment of self-governing institutions. The electoral structure then
brought into being was only a half-way house towards it and was justified
only because it was agreed that a period of transition from the rule of the
bureaucracy to the rule of the people, was a necessity. This existing electoral
structure can be continued only on the supposition that the present system
of divided government is to go on. The existing system of representation
would be quite incompatible with a full Government and must therefore
be over-ruled.
65. There is also another reason why the present system of representation
should be overhauled. Representative government is everywhere a party
government. Indeed a party government is such a universal adjunct of
representative government that it might well be said that representative
government cannot function except through a party government. The best
form of party government is that which obtains under a two-party-system
both of ensuring stable as well as responsible government. An executive may
be made as responsible as it can be made by law to the legislature. But
the responsibility will only be nominal if the legislature is so constituted
that it could not effectively impose its Will on the executive. A stable
government requires absence of uncertainty. An executive must be able to plan
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its way continuously to an ordered scheme of policy. But that invokes an
unwavering support of a majority. This can be obtained only out of a twoparty-system. It can never be obtained out of a group system. Under the
group system the executive will represent not a general body of opinion, but
a patch-work of doctrines held by the leaders of different groups who have
agreed to compromise their integrity for the sake of power. Such a system
can never assure the continuous support necessary for a stable government
since the temptation to reshuffling the groups for private advantage is ever
present. The existing Council by reason of the system of representation is,
to use the language of Burke, “a piece of joinery so crossly indented and
whimsically dovetailed, a piece of diversified mosaic, a tessellated pavement
without cement, patriots and courtiers, friends of government and open
enemies. This curious show of a Legislature utterly unsafe to touch and
unsure to stand on” can hardly yield to a two-party-system of government,
and without a party system there will neither be stable government nor
responsible government The origin of the group system must be sought in
the formation of the electorates. For, after all, the electorates are the moulds
in which the Council is cast. If the Council is to be remodelled so that it
may act with efficiency, then it is obvious that the mould must be recast.
66. In making my suggestions for the recasting of the electoral system I
have allowed myself to be guided by three considerations : (1) Not to be led
away by the fatal simplicity of many a politician in India that the electoral
system should be purely territorial and should have no relation with the
social conditions of the country, (2) Not to recognise any interest, social or
economic, for special representation which is able to secure representation
through territorial electorates, (3) When any interest is recognised as
deserving of special representation, its manner of representation shall be
such as will not permit the representatives of such interest the freedom to
form a separate group.
67. Of these three considerations the second obviously depends upon the
pitch of the franchise. In another part of this Report I have recommended
the introduction of adult suffrage. I am confident that it will be accepted. I
make my recommendations therefore on that basis. But in case it is not, and
if the restricted franchise continues, it will call for different recommendations,
which I also proposed to make. For the reasons given above and following
the last mentioned consideration I suggest that—
I. If adult suffrage is granted there shall be territorial representation
except in the case of the Mohamedans, the Depressed Classes, and the
Anglo-Indians.
II. If the franchise continues to be restricted, all representation shall be
territorial except in the case of the Mohamedans, the Depressed Classes,
Anglo-Indians, the Marathas and the allied castes and labour.
III. That such special representation shall be by general electorates and
reserved seats and of labour by electorate made up of registered trade unions.