Communal Holocaust and the Role of the Interim Government: A Crucial Chapter in India’s Independence

Starting from August 16, 1946, the Indian landscape underwent a swift transformation marked by unprecedented communal riots, resulting in several thousand fatalities. The most severely affected areas included Calcutta, Bombay, Noakhali, Bihar, and Garhmukteshwar (United Provinces). Despite concerns about potential mass actions by the Congress, a Congress-dominated Interim Government led by Nehru was inaugurated on September 2, 1946. Nehru continued to express his party’s opposition to compulsory grouping.

Changed Government Priorities

Wavell’s Policy Shift: With a shift in government priorities, Wavell, departing from his stance during the Shimla conference, sought to bring the Congress into the Interim Government, even if the League chose to stay out. 

• Contradictions in Policy: This change contradicted the League’s insistence on accepting all settlements and the government’s earlier encouragement of communal forces, denial of the legitimacy of nationalism, and rejection of the representative nature of Congress.

Interim Government

Interim Government’s Continuity: Contrary to its title, the Interim Government essentially represented a continuation of the old executive under the viceroy’s authority. Wavell, in his final cabinet meeting in March 1947, overruled the ministers on the release of INA prisoners.

• Incorporation of the Muslim League: Quietly, on October 26, 1946, Wavell brought the Muslim League into the Interim Government. The League joined:
  • Without abandoning the ‘direct action.’
  • Despite rejecting the Cabinet Mission’s long-term and short-term plans.
  • Despite insisting on compulsory grouping with decisions made by a majority vote of a section as a whole, opponents of Pakistan in Assam and NWFP are in a vulnerable minority position.

14 Ministers of Interim Government (September 2, 1946–August 15, 1947)

Obstructionist Approach and Ulterior Motives of League

• Muslim League’s Obstructionist Tactics: The League adopted an obstructionist approach, revealing ulterior motives during a crucial period. The Constituent Assembly, convening its initial session on December 9, 1946, faced the League’s absence. 
  • As a result, the Assembly focused on passing a comprehensive ‘Objectives Resolution’ crafted by Jawaharlal Nehru, outlining the ideals of an independent sovereign republic with autonomous units, robust minority safeguards, and a commitment to social, political, and economic democracy.
  • Refusing participation in informal cabinet meetings for decision-making, the League contested decisions and appointments made by Congress members. 
  • Liaqat Ali Khan, serving as the finance minister, imposed restrictions hindering the efficient functioning of other ministries. 

• The League’s objective in joining the government was solely to advance the cause of Pakistan, viewing it as a continuation of the civil war through alternative means. 
  • Persistent Congress demands for the British to influence the League’s stance in the Interim Government or prompt their departure echoed since the League’s inclusion. 
• Escalating Tensions: In February 1947, nine Congress cabinet members wrote to the viceroy, urging the resignation of League members and threatening to withdraw their nominees. 
  • Tensions escalated when the League called for the dissolution of the Constituent Assembly, signaling a looming crisis.

Constituent Assembly: Historical Task of Drafting the Constitution and The Government of India Act, 1935

The Constituent Assembly of India played a crucial role in drafting the Constitution for Independent India. The assembly, consisting of members from various political, social, and cultural backgrounds, successfully completed its historic task in just three years (1947-1949). The experience gained by the assembly members with the Government of India Act, of 1935, played a significant role in achieving this feat. 

Background and influence of the Government of India Act, 1935

• Key Concepts of the Government of India Act, 1935: The Government of India Act, 1935 introduced several key concepts, such as provincial autonomy, a federal structure, and a comprehensive system of governance. 
• Practical Experience of the Constituent Assembly:  Many of the members of the Constituent Assembly had firsthand experience with the workings of the Government of India Act, of 1935, either as legislators, administrators, or activists. 
  • This experience provided them with a practical understanding of governance and the challenges faced by a diverse nation like India. 

Contributions of the Government of India Act, 1935, to the drafting of the Constitution:

• The structure of governance: The Act provided a blueprint for India’s federal structure, including the division of powers between the center and the provinces (later states). 
• Administrative provisions: The Act served as a reference point for designing the administrative machinery, including the roles and responsibilities of the President, Governor, and other officials. 
• Bureaucratic framework: The Act’s provisions on civil services and public administration helped shape the Indian Administrative Service (IAS) and other essential services in the Constitution. 
• Fundamental Rights: The Act’s provisions on personal liberties and rights laid the groundwork for the eventual incorporation of Fundamental Rights into the Constitution. 
• Judiciary: The Act’s design of the judicial system, including the Federal Court’s establishment, influenced the creation of the Supreme Court of India and the overall judicial structure. 

Limitations

Federation Challenges: The Act tried to bring together two very different elements – the Indian Princely States, largely under autocratic rule, and the British Indian Provinces with some level of responsible government. 

• This amalgamation of such heterogeneous elements led to conflicts and difficulties in the functioning of the system.
• Illogical Formation: The process prescribed for creating the Federation was ill-conceived and illogical. The Princely States had the option to join the Federation voluntarily, while it was compulsory for the provinces of British India. 
• • This disparity in accession created complications. 

Modifications in the Indian Constitution

• Despite the influence of the Government of India Act, of 1935, the assembly made several significant modifications and departures from the Act to ensure the new Constitution was progressive, inclusive, and suited to India’s unique needs
• Key Reforms: Some of these changes included the adoption of a comprehensive list of Fundamental Rights, the Directive Principles of State Policy, the abolition of separate electorates, and the establishment of a strong central government to maintain unity and integrity. 

The Act provided a foundation upon which the assembly could build and adapt according to the aspirations of the newly independent nation. However, the assembly also made significant departures from the Act to ensure that the Constitution was progressive, inclusive, and reflective of the values of a democratic India.

Conclusion

The transition from British rule to an independent India was marred by intense communal violence and political maneuvering. The Interim Government, though a continuation of colonial governance under the Viceroy, faced significant challenges from the Muslim League’s obstructionist tactics. Despite these obstacles, the Constituent Assembly adeptly utilized the Government of India Act, of 1935, as a foundation while making crucial reforms to create a progressive and inclusive Constitution, reflecting India’s diverse aspirations.

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