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Vol. 2 · pages 686–690

In the Bombay Legislature, with the Simon Commission and at the Round Table Conferences

This text was extracted automatically from the official PDF of Dr. Babasaheb Ambedkar: Writings and Speeches, so it may contain small errors. Always check the original page before quoting.

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665IN THE MINORITIES COMMITTEE 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 GovernorGeneral 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 GovernorGeneral 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 fooling as other Provinces in British India.

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666 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES C. Mussulman representation in the Central Legislature shall be one-third of the total number of the House, and their representation in the Central Legislate 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).

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667IN THE MINORITIES COMMITTEE APPENDIX I—contd. ANNEXURE REPRESENTATION IN LEGISLATURES Figures in brackets = Population basis 1931 figures and depressed percentages as per Simon Report. Stength of Chamber Hindus Muslims Christians Sikhs Anglo-Indians Tribal etc. EuropeansCaste Depressed Total Centre All India (1931) (47.5) (19)* (66.5) (21.5) Upper . . 200 101 20 121 67 1 6 1 .... 4 Lower . . 300 123 45 168 100 7 10 3 .... 12 (48.9) (13.4) (62.3) (34.8) Assam . . 100† 38 13 51 35 3 .... 1 .... 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.

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668 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Stength of Chamber Hindus Muslims Christians Sikhs Anglo-Indians Tribal etc. EuropeansCaste Depressed Total (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. . . Weightage similar to that enjoyed by the Mussulmans in the Provinces in which they constitute a minority of the population, shall be given to the Hindu minority in Sind and to the Hindu and Sikh minorities in the N.W.F.P. APPENDIX I—contd. ANNEXURE—contd. REPRESENTATION IN LEGISLATURES Figures in brackets = Population basis 1931 figures and depressed percentages as per Simon Report.

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669IN THE MINORITIES COMMITTEE 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 33½ 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, CasteHindus 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 per cent. of the population of India. APPENDIX II* 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 *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.