CMP2CongLeagueProp

Documents included:

• • Terms of the offer made by the Muslim League as a basis of agreements 12 May 1946(full text).

  • Terms of Offer made by the Indian National Congress as a basis of agreement, 12 May 1946.(full text)

  • Note by the Indian National Congress on the terms of the offer made by the Muslim League, 12 May 1946(full text).

[For Maulana Azad and M.A. Jinnah's positions on 8-9 May see CMP(7B)]

From 'Speeches and Documents on the Indian Constitution 1921-1947', Selected by Sir Maurice Gwyer and A. Appadorai, OUP, 1957 Vol. II.

(C) Terms of the offer made by the Muslim League as a basis of agreements 12 May 1946.(full text)

1.The six Muslim Provinces(Punjab, North-West Frontier Province, Baluchistan, Sind, Bengal and Assam) shall be grouped together as one group and will deal with all other subjects and matters except Foreign Affairs, Defence and Communications necessary for Defence, which may be dealt with by the constitution-making bodies of the two groups of Provinces-Muslim Provinces(hereinafter named Pakistan Group) and Hindu Provinces-sitting together.

[blogger's comment:Assam had in fact a nonMuslim majority!!The Cabinet Mission listed Assam as having 3.44 million Muslims and 6.76 million nonMuslims yet they grouped it with Bengal]

2. There shall be a separate constitution-making body for the six Muslim Provinces named above, which will frame Constitutions for the group and the Provinces in the group and will determine the list of subjects that shall be Provincial and Central(of the Pakistan Federation) with residuary sovereign powers vesting in the Provinces.

3. The method of election of the representatives to the constitution-making body will be such as would secure proper representation to the various communities in proportion to their population in each Province of the Pakistan Group.

4. After the constitutions of the Pakistan Federal Government and the Provinces are finally framed by the constitution-making body it will be open to any Province of the Group to decide to opt out of its group, provided the wishes of the people of that Province are ascertained by a referendum to opt out or not.

5. It must be open to discussion in the joint constitution-making body as to whether the Union will have a Legislature or not. The method of providing the Union with finance should also be left for decision of the joint meeting of the two constitution-making bodies, but in no event shall it be by means of taxation.

6. There should be parity of representation between the two groups of Provinces in the Union Executive and the Legislature, if any.

7. No major point in the Union Constitution which affects the communal issue shall be deemed to be passed in the joint constitution-making body, unless the majority of the members of the constitution-making body of the Hindu provinces and the majority of the members of the constitution-making body of the Pakistan Group, present and voting, are separately in its favour.

8. No decision, legislative, executive or administrative, shall be taken by the Union in regard to any matter of controversial nature, except by a majority of three-fourths.

9. In Group and Provincial Constitutions fundamental rights and safeguards concerning religion, culture and other matters affecting the different communities will be provided for.

10. The Constitution of the Union shall have a provision whereby any Province can, by a majority vote of its Legislative Assembly, call for reconsideration of the terms of the Constitution, and will have the liberty to secede from the Union at any time after an initial period of ten years.

These are the principles of our offer for a peaceful and amicable settlement and this offer stands in its entirety and all matters mentioned herein are interdependent.

(D)Terms of Offer made by the Indian National Congress as a basis of agreement, 12 May 1946.(full text)

1. The Constituent Assembly to be formed as follows:

(i) Representatives shall be elected by each Provincial Assembly by proportional representation(single transferable vote). The number so elected should be one-fifth of the number of members of the Assembly and they may be members of the Assembly or others.

(ii) Representatives from the States on the basis of their population in proportion to the representation from British India. How these representatives are to be chosen is to be considered later.

2. The Constituent Assembly shall draw up a Constitution for the Federal Union. This shall consist of an all-India Federal Government and Legislature dealing with Foreign Affairs, Defence, Communications, Fundamental Rights, Currency, Customs and Planning as well as such other subjects as, on closer scrutiny, may be found to be intimately allied to them. The Federal Union will have necessary powers to obtain for itself the finances it requires for these subjects and the power to raise revenues in its own right. The Union must also have power to take remedial action in cases of breakdown of the Constitution and in grave public emergencies.

3. All remaining powers shall vest in the Provinces or Units.

4. Groups of Provinces may be formed and such groups may determine the Provincial subjects which they desire to take in common.

5. After the Constituent Assembly has decided the Constitution for the all-India Federal Union as laid down in paragraph 2 above, the representatives of the Provinces may form groups to decide the Provincial Constitutions for their group and, if they wish, a group Constitution.

6. No major point in the all-India Federal Constitution which affects the communal issue shall be deemed to be passed by the Constituent Assembly unless a majority of the members of the community or communities concerned present in the Assembly and voting are separately in its favour. Provided that in case there is no agreement on any issue, it will be referred to arbitration. In case of doubt as to whether any point is a major communal issue, the Speaker will decide, or, if so desired, it may be referred to the Federal Court.

7. In the event of a dispute arising in the process of constitution-making, the specific issue shall be referred to arbitration.

8. The Constitution should provide machinery for its revision at any time subject to such checks as may be desired. If so desired, it may be specifically stated that this whole Constitution may be reconsidered after 10 years.

(E) Note by the Indian National Congress on the terms of the offer made by the Muslim League, 12 May 1946.(full text)

The approach of the Muslim League is so different from that of the Congress in regard to these matters that it is a little difficult to deal with each point separately without reference to the rest. The picture as envisaged by the Congress is briefly given in a separate note. From a consideration of this note and the Muslim League's proposal the difficulties and the possible arrangement will become obvious.

The Muslim League's proposals are dealt with below briefly:

(1) We suggest that the proper procedure is for one constitution-making body or Constituent Assembly to meet for the whole of India and later for groups to be formed if so desired by the Province concerned. The matter should be left to the Provinces and if they wish to function as a group they are at liberty to do so and to frame their own Constitution for the purpose.

In any event Assam has obviously no place in the group mentioned and the North-West Frontier Province, as elections show, is not in favour of this proposal.

(2) We have agreed to residuary powers, apart from the Central subjects, vesting in the Provinces. They can make such use of these as they like and, as has been stated above, function as a group. What the ultimate nature of such group may be cannot be determined at this stage and should be left to the representatives of Provinces concerned.

(3) We have suggested that the most suitable method of election would be by single transferable vote. This would give proper representation to the various communities in proportion to their present representation in the legislatures. If the population proportion is taken, we have no particular objection, but this would lead to difficulties in all the Provinces where there is weightage in favour of certain communities. The principle approved of would necessarily apply to all the Provinces.

(4) There is no necessity for opting out of a Province from its group as the previous consent of the Provinces is necessary for joining the group.

(5) We consider it essential that the Federal Union should have a Legislature. We also consider it essential that the Union should have power to raise its own revenue.

(6 and 7) We are entirely opposed to parity of representation as between groups of Provinces in the Union Executive or Legislature. We think that the provision to the effect that no major communal issue in the Union Constitution shall be deemed to be passed by the Constituent Assembly unless a majority of the members of the community or communities concerned present and voting in the Constituent Assembly are separately in its favour, is a sufficient and ample safeguard of all Minorities.

We have suggested something wider and including all communities than has been proposed elsewhere. This may give rise to some difficulties in regard to small communities, but all such difficulties can be got over by reference to arbitration. We are prepared to consider the method of giving effect to this principle so as to make it more feasible.

(8) The proposal is so sweeping in its nature that no Government or Legislature can function at all. Once we have safeguarded major communal issues other matters, whether controversial or not, require no safeguard. This will simply mean safeguarding vested interests of all kinds and preventing progress, or indeed any movement in any direction. We, therefore, entirely disapprove of it.

(9) We are entirely agreeable to the inclusion of fundamental rights and safeguards concerning religion, culture and like matters in the Constitution. We suggest that the proper place for this is the All-India Federal Union Constitution. There should be uniformity in regard to these fundamental rights all over India.

(10) The Constitution of the Union will inevitably contain provisions for its revision. It may also contain a provision for its full reconsideration at the end of ten years. The matter will be open then for a complete reconsideration. Though it is implied, we would avoid reference to secession as we do not wish to encourage this idea."