The British government was not disheartened by the lack of arguments either between the congress and the league or between the two of them and the viceroy on 8th August, 1940, his majesty’s government issued what came to be known as the august offer. It was a statement make by the lord linlithgo, the viceroy on behalf of the British government.
i. EXPANSION OF THE EXECTIVE COUNCIL OF GVERNOR GENERAL:
This discussion was taken in order to include certain of representative of all political parties.
ii. ESTABLISHMENT OF WAR ADVISORY COUNCIL:
Consisting of representative of various political parties.
iii. CONSTITUTION MAKING BODY SHOULD BE SET UP:
A body was to set up in order to diverse the framework of the new constitution. The work of constitution making was not possible during war period. The representative body for this task would be set up after the conclusion of war.
iv. SAFEGUARD FOR MINORITIES:
The position of the minorities should be safeguard in any future constitutional change.
v. CONSTITUTION MAKING:RESPONSIBILITIES OF INDIANS:
The framing of the new constitution would be primary responsibility of Indians.
The statement contained some new ideas. For example, for the first time in the history, a constitution assembly composed of the indians was promised.In the matter of constitution assembly, congress was rebuffed, the new assembly was to be one whose establishment did not affect the rights of the minorities and princes.The fear of the muslims that the government might surrender to congress was set at rest. No further political move or development which did not satisfy the minorities was to be approved by his majesty’s government
MUSLIM LEAGUE ATTITUDE:
The working committee met at Bombay in, September and declared that the muslims of india were nation by themselves and that they alone are the final judges of their destiny. The british offer regarding interim arrangements was most unsatisfactory and did not meet the muslim requirements.
i. Muslim league was not consulted as the number proposed to be added the viceroy’s executive council.
ii. The manner in which the council was to be reconstituted was not told to the muslim league.
iii. No information about the coalition partners
iv. Awarding of portfolios not known.
v. The proposal of war advisory council ’was vague. League was offered two representatives in the council which league refused to accept and it
considered the offer unsubstantial. However Jinnah addressing the Bengal provincial muslim league said, the league had accepted it “it principle” though the details were not satisfactory.
The congress reaction to the offer was violent. Azad refused to see the viceroy. The congress threatened to take violent action. The congress claimed to speak for all india and rejected the offer.
BRITISH VIEW POINT:
The viceroy regretted that his offer had not been accepted by all the parties, though he had the satisfaction of knowing that it had met with considerable success. The offer was not withdrawn and could be implemented as soon as a sufficient degree of representative support was forth coming.
The august offer produced no practical or immediate result. The majesty’s government had readily agreed to give undertaking that muslim satisfaction would be sought in any future constitutional reform to have extracted this unequivocal declaration within five months of the Lahore session, was great achievement for muslim league. But congress played at
significant role in this achievement. It conduct in political bargaining and its attitude towards the muslim made it clear that it would hardly be in the fitness of things to leave the fate of the minorities in the hands of the congress leaders.
Japan joined the war against allies in 1941 and her successive victories caught british off guard. The Japanese forces occupied Burma and threatened india. England began to feel the necessity of changing their policy toward india. In march 1942 british government sent sir
stafford cripps, leader of the house of commons and a member of war cabinet with certain proposals which are know as cripps plan.
i. A constitution making body would be constituted immediately after the war.
ii. There would be provision for the participation of the Indian states in the constitution making body.
iii. If any province did not like to accept the new constitution, it could retain its existing constitutional positions. it could later on join, if it is so decided at later date,
iv. There would be provision in the constitution making body were to be elected by an electoral consisting of the entire membership of the provincial legislature assemblies. The strength of the constitution assembly was to be about 1/10 of the membership of the electorate college.
v. His majesty’s government would retain control over defense during the critical period of the war. It was decided the C-in-C would retain his position as member of the viceroy’s executive council.
MUSLIM LEAGUE REACTION:
The working committee of muslim league considered the cripps proposals and passed a resolution expressing its dissatisfaction for the following reasons.
i. There was not clear provision in the scheme for the establishment of an independent muslim state.
ii. The declaration proposed the setting up of a constitution body with a view to the creation on one Indian union whereas the league believed in Pakistan and therefore in the establishment of two constitution making bodies.
iii. The method of electing constitutional body also went against the muslim interests because they have been deprived of their right of separate electorate.
iv. All the decisions were to be take by bare majority which was gravely unjust to he muslims who were in majority and could not secure more than 25%seats in the constitution making body.
v. The league kept back its opinion on the interim arrangements because their details were not included in the drafts.
vi. The draft proposal contained no procedure for obtaining the verdict of the province for against non-accesion.
The cripps proposals had supported the demand for Pakistan in vague terms, this could never be acceptable to eh hindu who wanted to establish hindu rule all over the india. This was the main reason why congress rejected the crippps proposals. Congress had following objections
over the declaration.
i. The scheme opened the way for partition of the country into at least two and possibly many more separate political entities. The congress held that the right of accession given to the provinces was a fatal blow to the unity of Indian people forming one nation.
ii. To congress, no offer could be satisfactory that left the army under complete control of the british instead of a minister responsible to the elected representations of the Indian people.
iii. The congress was allergic to any concession, however minor to the muslim league.
iv. Perhaps the most important factor which weighted in the congress mind against the offer was its turning.teh allied powers had been receiving on setback after another. Most hindus read in the offer, a confession of weakness and tried to exploit the situation. According to Gandhi, the offer was no more than a post-dated cheque, on a bank that was failing, it was not sure it after the war british would be in a position to fulfill their promise.
The Pakistan resolution was passed in 1940 and within exactly two years, the british war cabinet had conceded is principle. This was a great victory for the muslims, no matter how the draft declaration was interpreted. Anyway the offer in inda was read as an abrasion that the british government was prepared at least to consider the Pakistan as a solution of the communal award impasse. Thus, emergence of the eventful chapter of the india constitutional development and struggle for freedom.
The cabinet mission plan- a device of british implementation to reconcile the irreconcilable, an evil design of british diplomacy to avoid the inevitable & the last attempt of the british government to install the nail in the coffin body of Pakistan. It was, in fact, an attempt to bury the concept of Pakistan deep under the debris of Indian nationalism and united india.
The landslide victory of the league in 1945-46 election and the growing rift b/w the two major parties of india had made the british government feel the urgency to find out a solution to political dead between the two political forces. Therefore the british government decided to send to india a special mission of cabinet ministers.
APPOINTMENT OF CABINET MISSION:
The mission was appointed by his majesty’s government consisting of:
Lord petrick Lawrence.
Sir Stafford cripps.
The mission arrived in India on march 24, 1946 and hold talks with different political parties to arrive at a solution about constitution making. At last, the mission rejected the plan of rival organizations and presented its own scheme on 16th may 1946.
The provinces of british india would from the following three groups:
GROUP A : (hindu majority group) 6 hindu Provinces: Orissa, bihar, madras, Bombay, up and cp.
GROUP B: (western muslim majority goup) Punjab NWFP sindh balochistan
GROUP C: (eastern muslim majority group) Bengal and assam.
At the top of these groups, there would be an all india union controlling defense, foreseeing affair and communications only union would have an executive and a legislature.
Thu the groups of provinces would form a three-tier federation.
There would be a constituent assembly elected by the elected members of the provincial assemblies.
All residuary subjects would rest in the provinces.
Each community would elect its own representatives in the provinces according to the proportion of population. For the purpose of electing a constituent assembly, each province would be allotted a total number of seat proportional to its population.
The viceroy’s executive council would be reconstituted. The new executive council would include the representative of major political parities.
The constitution of union would have a clause that any question raising a major communal issue in the legislature would require for its decision a majority of representatives, present and voting of each of the two major communications, as well as the majority of all the members present and voting.
Any province wants independence after 10 years.
Till the drafting of the new constitution an interim government will run the affairs of the state.
Gandhi said that the mission had brought something of which they had every reason to be proud. congress leaders welcomed the cabinet mission’s proposals.
HINDU NEWS PAPERS WROTE:
“Pakistan, the Pakistan of Mr. Jinnah’s concept receives state burial.”
He regretted that the mission had negated the muslim demand. He said that it seemed that this had been done simply to appease the congress. However, he refrained from accepting or rejecting it as the working committee was decision making body.
MUSLIM LEAGUE WORKING COMMITTEE RESOLUTION:
Working committee in it resolution, accepted the plan for two reason;
a. GRAVE ISSUE: were involved and league wanted a peaceful solution.
b. The genes of Pakistan are inherent in the plan by virtue of the compulsory grouping creation of Pakistan.
BRITISH PRESS: it was well received in Britain. The daily telegraph criticized it for not meeting the genuine demand of the muslims.
ATTITUDE OF CONGRESS + MISSION TOWARDS MUSLIM ACCCEPTANCE:
Neither the congress not the cabinet mission said a word in recognition of what it had cost the league to abandon its basic demand. The only response was articles and cartoons in the hindu press an enouncing the defeat of the league gleefully.
FAILURE OF THE PLAN:
The failure of the cabinet mission plan accompanied the facts that congress refused to join the interim government but accepted the long term plan of the cabinet. Muslim league had accepted both long term and short term plans. It agreed to join interim government, backed out from its words, to go ahead even if one of the parties refused compliance with either part of plan ignored the league offer of co-operation and declared the project of interim government to have failed. The muslim league registered its protest against the methodsof the mission and the intentions of the congress leaders by withdrawing its acceptance of the plan and declaring for direct action. It provoked congress, again, to accept the plan and this process of shifting the tendencies finally failed the mission.
The legislative member from hindu majority areas of Punjab and Bengal had decided by majority vote that the provinces should be partitioned. Consequently, two separate commissions were appointed to give effect to the demarcation of these provinces.
REDCLIFE BOUNDARY COMMISSION:
The demarcation commission for Punjab was composed of two Muslim and two Hindu representatives. The Muslim league nominated Mr. Justice Din Muhammad and Mr. Justice Muhammad munir. The congress nominated Mr. Justice tija Singh. Mr. Justice Redcliff, a British judge was to head the commissions of both the provinces.
The controversy points of the demarcation had not been yet raised when Radcliff wanted to have flight over certain areas along with justice din Muhammad and m. munir because it seemed the Mr. Redcliff already knew the points needed to be settled. Justice din Muhammad expressed his fear to Mr. quaid-e-azam and wanted to resign but Jinnah did not think it
proper to level a charge of partiality against Radcliff and both the Muslim judges submitted before their leader. The before time interest in the demarcation of east and west Punjab as shown by Mr. Radcliff was not without rhyme. He had met Mountbatten and Nehru immediately
after hi arrival in Delhi. He had also worked out the detail of the demarcation. Gurdaspur was a Muslim majority district but instead of entire inclusion. In wet Punjab , Mr. Radcliff wanted its division in such a way that tehsil pathankot was that its inclusion, into east Punjab created a common border line of India and Kashmir thus enabling India to easily send it armed forces in Kashmir territory. The simple principle of district – wise partition would send the entire district of gurdaspur including tehsil pathankot in the west Punjab, but as tehsil pathankot formed a Hindu majority so the pretext of including it in east Punjab was at hand. The inclusion of tehsil pathankot in east Punjab also made Amritsar
a part of Indian Territory. Radcliff wanted to have a flight above the same area (gurdaspur and pathankot) and the muslim members of the commission had smelt the intention of leaders of muslim league themselves in their memorandum had shown pathankot in Indian territory
and tehsil of ferozupr, nikodar, and japundar in west Punjab, i.e. in Pakistan. The responsibility of drawing ucch details falls on nawab mamdot. The two parties debated for a few day on the controversial points, and them Radcliff asked the members of the commission to submit their respective reports in the light of the lawyers of both the sides.
Justice munir wanted to hold debate on the issue of ferozpur and zera tehsils but Radcliff made it clear that no debate on this point was required because these two tehsils had been included to west Punjab.
Justice din Muhammad again saw the quaid-e-azaz and told him that Pakistan was losing the area of tehsil pathankot but quaid was so busy in his work that he could not think over the matter.
It is notable that Radcliff awarded had been handed over to lord mount batten on 9th august but the later announce held it on 17th august, two days after the partition had taken place. The award showed rerozpur and zera tehsils in east Punjab. Thus the area which Pakistan exported in turn for a very important area of pathankot and gurdaspur had also been
lost. Later on it was disclosed that the first Radcliff award had included ferozpur and zera tehsils in west Punjab, it is evident that the award had been changed within the period from 9th to 17th august. The keeping of the award in secrecy caused great harm to the muslims of ferozpur and zera tehsils. They thought that their areas had been included in Pakistan. But
then the award was announced after the establishment of Pakistan these areas came to be the part of Indian territory. Horrible communal riots broke out and muslims suffered in expressible losses.
EARLY PROBLEMS IN PAKISTAN
At the time it establishment, Pakistan had to face various terrible problems the solution of which was imperative for its very existence. Pakistan had no sufficient resources to solve these gigantic problems like lack of finance, agriculture set back, insufficient defense arrangements and the rehabilitation of the refugees.
DEMARCATION OF BOUNDRIES:
Under the provisions of Indian independence act 1947, tow boundaries commission were appointed for the division of Punjab and Bengal between and india and Pakistan, mr. Radcliff was appointed chairman of both the commission. In consultation with mountbatten, Radcliff gave his verdict in favor of Indian and east Punjab, district gurdaspur, ferozpur ands some other mulslims majority areas were awarded to india. In Bengal, Radcliff gave muslims majority areas like Calcutta and murshadabad to india. Similarly some important harwork headwork of the largest
canals was left with india, The award of muslim majority district gurdapur was most unjust, had this district been awarded to Pakistan, there would have been no Kashmir dispute.
CHOICE OF CAPITAL:
The problem of choice of a capital was a big problem. It was the basic prerequisite to form a government and to establish a secretariat. Karachi was chosen as capital by quai-e-azam arrangements were to make to bring the officials and other materials from delhi to Karachi.
REHABILTATION OF MUHAJIREEN:
The second problem Pakistan had to face was the problem of accommodating
muhajireen. The massacreof muslims in past Punjab started even a few days before
the partition of the sub-continent, wide spread riots had also occurred in india’s other parts with their repercussion in Pakistan, Pakistan therefore had to receive and look after the millions of muslims who were forced to leave india, supreme efforts were made by jinnah and his cabinet to grapple with this stuation.
THE ACCESSION OF INDIAN PRINCELY STATES:
There was a large member of states ruled by Indian princes in india. At this
time of Indian independence thee princely states were given the options to accede, either india or Pakistan or to remain independent. All the states amicable acceded either to india or to Pakistan. However the future of three princely states (Hyderabad, junnagarh, and Kashmir) remained undecided and created conflict between india and Pakistan.
By virtue of its population and area, it was the most important state of india, its annual revenues about 260 million and it had its own currency and stamps. The majority of its population was hindu, but its ruler, the nizam was a muslim, nizam requested the viceroy for hyderabad’s independent states as a sovereign state, but viceroy pressed him to accede to india, this was not acceptable to nizam and that he might join Pakistan,
On August 24, 1948, Hyderabad filed a complaint before the security council of the U.N. before security council could decid the fate of Hyderabad, india seized Hyderabad by a military operation and incorporated it into different provinces of Indian union. The complaint before the U.N. is still pending.
Junnagarh was a small maritime state 300 mile down the coast from Karachi. The majority of its population was hindu and the ruler was a muslim. On sep, 15, 1947 the state acceded to Pakistan, nut india refused to acknowledge it and claimed the state by inheritance. On nov’ 7, 1947, azad fauj or liberal army of india entered junnagarh. Two days later, control over the entire state was assumed by india, Pakistan at that time was not in opposition to defend junnagarh, a complaint lodged by Pakistan with the security council of the U.N. is still pending.
Kashmir is the northern most part of indo-Pakistan sub-continent. Its area
of 84,471 square miles was the biggest of any state in india. Its nternational
boundaries with Tibet, chin, Afghanistan and Russia gave it a strategic importance. Kashmir is a muslim majority area. The people of Kashmir wanted to accede to Pakistan but the ruler of Kashmir was maharaja hari singh of dogra hindu dynasty who wanted to align with india. The maharaja failing to suppress the mass upsurge approached the Indian government for
help. Indian was entered Kashmir and the maharaja signed instrument of
accession to india on 26th October 1947. This created a dispute between india and Pakistan. Pakistani troops entered in Kashmir and war began.
India took the issue to the U.N. in 1948, U.N. appointed a commission for
Kashmir. A ceasefire was agreed and come into effect on june 01’1949.
Security council of U.N. unanimously decided that the future of Kashmir
should be settled according to the wishes of its people.
Plebiscite was to be held under the supervision of U.N. india later on went
back its promise and refused to hold a plebiscite. The fate of Kashmir is
still in limbo.
DIVISION OF ASSETS:
Pakistan had to face difficulty in receiving it due share of assets from
india. India intentionally delayed, the process of transfer of assets to create
problem for a newly born country which was already in short of resources.
At the time of Pakistan, Pakistan received only Rs. 20 crore as an opening
balance. India withheld the remaining mutually greed amount of 75 cror in
order to embarrass Pakistan inimically.
Of military assets, Pakistan was checked in the same way, whatever Pakistan received was nothing but scrap and out of order achieves broken
weapons and rusted artillery.
Pakistan was a newly created country which had to construct the administrative set up from a scratch. There were neither any capitals nor any buildings. Even the government servants were available for the smooth running of the administrative machinery. Government officers were set up in the military barracks and in some cases under tent.
Framing of new constitution was a big problem. Pakistan miserably failed
to solve this problem.
i. Constitution assembly produced only two or three drafts for the
constitution in long seven years.
ii. Constituent assembly drafted a constitution in 1956 which was declared
null and void after the proclamation of martial law in 1958.
The constitution of 1962 was thrown away with the marital law of In 1973, another constitution was framed for the country which has been amended several time.
Another problem was about the national language. Quaid-e-azam solved
this problem by declaring Urdu as national language but in 1952, east Pakistani wanted Bengali as a national language with uredu. Khawaja
nazmiuhddin rejected their demand this led to clashes between and government in east Punjab, resulting in several killings. Influenced by this episode, and urdu got equal ranks under 1956 constitution.
In the western wing of Pakistan, pakhtoonistan, speaking pushto, led by the
frontier Gandhi ghaffar khan, at the very outset raised a question demanding them a nation within Pakistan. The movement had a backing of indai and afghan rulers. At this point, Pakistan in fact at times found difficult to keep good relations with Afghanistan. A referendum was held in frontier province in which the people decided to remain with Pakistan. Quaid-eazam dismissed dr. khan sahib (brother of ghaffar khan) congress minded cabinet and installed khan abdul qayum khan in his place.
DEATH OF QUAID-E-AZAM:
Despite all the problems and difficulties beset the infant state, Pakistan continued to march under the able and dynamic leadership of quad-e-azam. Predominant position of quaid-e-azam was a source of strength for Pakistan. His death of sep 11, 1948 was a great loss to Pakistan. It left gap too big be filled in by his successors.
THE INDUS BASIN WATER DISPUTE:
The Indus water bain dispute had its origin in the partition of Punjab. It
broke into the open on april 1, 1948, when east Punjab in india cut off the
flow of canal water to west Punjab in Pakistan.
The sharing of the water of the Indus system has been a matter of dispute
for many years between Pakistan and india and later on it became an international issue. The dispute existed between the two until a treaty governing the use to the waters of the Indus system of river entitled “the Indus water treay 1960” was concluded on September 14, in Karachi between Jawaharlal Nehru and ayub khan, the treaty allocated the waters of the rivers
Pakistan——————–indus, Jhelum and Chenab.
India————————-ravi, beas and sutluj.
Soon after the independence of Pakistan, different circles of public stated speculating about the shape of the future constitution of Pakistan. Some preferred Pakistan to be a secular state while on the other hand the religious lobby was desperately trying to convert Pakistan into a theocratic state contrary to the professed ideals of quaid-e-azam. Some political
leaders were in favor of a strong center while the other wanted complete autonomy for the provinces up to the extent to making Pakistan a confederation. In order to resolve all these controversies, the first major was taken by constitution assembly on 7march 1949, when it passed the resolution on the aims and the objectives of the constitution popularity known as the objectives “resolution”. It laid down the broad principle of
constitution and polities in pakistan.
Allah is the supreme sovereign and sovereignty belongs to him. It will lie the people as a sacred trust of allah .The state exercise its power and authority, through the chosen representatives of the peoples.The principles of democracy, freedom, equality, tolerance, and social justice as
enunciated by islam will be completely adhered to.Muslims shall be enabling to evolve their lives individually as well as collectively
according to the teaching of the holy quaran and sunnah.Minorities would be protected and would be free to profess and practice their.Pakistan will be federation where provinces will enjoy autonomy in conformity to
national unity and interest.Adequate provisions shall be made to safeguard the legitimate interests of backward areas and depressed classes.All the basis rights will be granted to the people of Pakistan.Judiciary will be full and independent.
The objectives resolution despite several distinguished features was subjected to some criticism by several schools of thought and political leaders which can be summarized as follows.
It mixed up politics with religion.
It reduced the minorities to the status of serfs.
It failed to change the basic structure of the country.
It allowed the state to interfere in the personal affairs of the people.
These objections were leveled against the objectives resolution by those members who were basically congress reminded and belonged to opposition.
SIGNIFICANCE: the significance of objectives resolution can be analyzed in the statement of liaquat ali khan.
“it is the most important occasion in the life of the country, next in the importance only to the achievement of independence”
The following aspects of the objectives resolution gave the historical significance to it.
It was the first concrete effort to frame the first constitution of Pakistan.
It embodied the basic Islamic provisions.
The fundamental, social, economic and political rights of the people were guaranteed.
The rights of minorities were protected.
It solved the old dispute between modernism and Islamism.
It gave federal government.
It guaranteed the independence of judiciary.
It truly reflected the popular aspirations of the movement.
It finally changed the scope of any ism, which comes into direct or indirect conflict
with the principles of islam, for adoption in Pakistan.
It tells us that Pakistan would make the full contribution towards international peace
and progress and happiness of the humanity.
It is somewhat ijma-i-ummat which cannot be rebutted.
Both the parts of Pakistan agreed on the objective resolution and the credit goes to the premier liaquat ali khan according to justice jawaid iqbal.Objective resolution is a modern ijtihad which was testified by the nation and the nation had confidence over it.
Objectives resolution is a very vital document. Its importance can be seen from the fact that it had been made the preamble to al the key stone in the arch of our policy. It also made the task of constitution making easier. The 1973 constitution goes to further extent of making objectives resolution not merely a preamble but an integral part of it.
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