The Nehru Report: India’s First Attempt at Constitutional Development and the Path to Independence

Lord Birkenhead defended the exclusion of Indians from the Simon Commission (1927-30), citing significant differences among Indian political parties and challenging them to present a mutually agreed constitution for parliamentary consideration. Responding to Lord Birkenhead’s challenge, an All Parties Conference convened in February 1928 and established a subcommittee, with Motilal Nehru as its chair, to formulate a constitution. 

Creation of a Constitutional Framework 

This marked a significant initiative by Indians to create a constitutional framework for the nation. The committee comprised members such as Tej Bahadur Sapru, Subhash Bose, M.S. Aney, Mangal Singh, Ali Imam, Shuab Qureshi, and G.R. Pradhan. By August 1928, the committee had finalized its report.

• The recommendations of the Nehru Committee were largely unanimous, except as to the basis of the constitution. 
• While the majority advocated for “dominion status” as the foundation of the Constitution, a faction within the committee sought “complete independence.” 
• The majority section granted the latter group the freedom to pursue their preferred course of action.

The resulting Nehru Report advocated for a constitution based on the principle of responsible government for India, mirroring self-governing dominions within the British Empire. During its Lahore session in December 1929, the Congress embraced the resolution of Complete Independence for India, symbolized by Nehru hoisting the tricolour flag at midnight of 31st December 1929.

Main Recommendations

The Nehru Report primarily focused on British India, anticipating its future collaboration with princely states on a federal basis. The key recommendations included:

• Dominion Status: Advocacy for dominion status, aligning with the self-governing dominions, despite opposition from the younger, more militant faction, with Jawaharlal Nehru being a prominent figure among them.
• Joint Electorates: To address communal tensions, disapproved separate electorates that had formed the basis of previous constitutional reforms. Instead, a call for joint electorates was made, reserving seats for Muslims at the Centre and in provinces where they were a minority (excluding those where Muslims constituted a majority, such as Punjab and Bengal). 
  • The reservation was to be proportional to the Muslim population, with the right to contest additional seats.
• Linguistic Provinces: Proposal for linguistic provinces.
• Provision of Fundamental Rights: Enumerating nineteen fundamental rights, including equal rights for women, the right to form unions and universal adult suffrage.
• Responsible Government: Advocacy for responsible government both at the Centre and in provinces, featuring:
  • Structure and Functioning of the Central Government: The Indian Parliament at the Centre consists of a 500-member House of Representatives elected through adult suffrage and a 200-member Senate elected by provincial councils. 
    • The House of Representatives had a tenure of 5 years, while the Senate had a tenure of 7 years. The central government would be led by a governor-general appointed by the British government but funded by Indian revenues. 
    • The governor-general would act on the advice of the central executive council accountable to the Parliament.
  • Provincial councils with a 5-year tenure, headed by a governor who would act on the advice of the provincial executive council.
• Protection of Cultural and Religious Interest: Ensuring full protection of the cultural and religious interests of Muslims.
• Separation of State of Religion: Advocating for the complete separation of the State from religion.

The Muslim and Hindu Communal Responses

Despite the initial enthusiasm and unity among political leaders in drafting a constitutional framework, communal differences emerged, leading to controversies over the matter of communal representation in the Nehru Report.

Delhi Proposals of Muslim League

In December 1927, a significant gathering of Muslim leaders took place in Delhi during the Muslim League session. During this meeting, four proposals were formulated to articulate their demands for inclusion in the draft constitution. These proposals, endorsed by the Madras session of the Congress in December 1927, became widely known as the ‘Delhi Proposals.’ The outlined proposals were as follows:

• Replacement of Separate Electorates: Replacement of separate electorates with joint electorates, coupled with reserved seats for Muslims.
• Allocation of one-third representation: It allocated one-third representation to Muslims in the Central Legislative Assembly.
• Proportional Representation System It proposed Proportional representation for Muslims in Punjab and Bengal based on their population.
• Creation of Provinces: Creation of three new provinces—Sindh, Balochistan, and North-West Frontier Province—with a Muslim majority.

Hindu Mahasabha Demands

The Hindu Mahasabha strongly objected to the suggestions of establishing new Muslim-majority provinces and the reservation of seats for Muslim majorities in Punjab and Bengal, as it would result in Muslim dominance over legislatures in both regions. Additionally, the Hindu Mahasabha advocated for a strictly unitary structure, further complicating the situation.

Compromises

During the discussions at the All Parties Conference, the Muslim League distanced itself from the proceedings and adhered to its demand for reserved seats for Muslims, particularly in the central legislature and in provinces with a Muslim majority. This presented a dilemma for Motilal Nehru and other leaders involved in drafting the report. They faced the challenge of either satisfying the demands of Muslim communal opinion, risking the withdrawal of support from Hindu communalists, or addressing the concerns of the latter, which could lead to estrangement from Muslim leaders.

To appease Hindu communalists, the Nehru Report made the following concessions:

• Joint electorates: Advocated joint electorates universally, with reservations for Muslims only in areas where they were in the minority.
• Separation of Provinces: Proposed the separation of Sindh from Bombay, but this would only occur after granting dominion status and subject to providing weightage to the Hindu minority in Sindh.
• Unitary Political Structure: Proposed a broadly unitary political structure, with residual powers resting with the center.

Amendments Proposed by Jinnah

During the All Parties Conference convened in Calcutta in December 1928 to review the Nehru Report, Jinnah, representing the Muslim League, put forward three amendments to the report:

• Representation for Muslims: Advocated one-third representation for Muslims in the central legislature.
• Reservations in the Legislatures: Called for reservations for Muslims in the legislatures of Bengal and Punjab in proportion to their population until adult suffrage was established.
• Residual Powers: Sought residual powers for provinces.

However, these demands were not incorporated into the final version of the report.

Jinnah’s Fourteen Points

Jinnah returned to the Shafi faction of the Muslim League in March 1929, presenting fourteen points that would serve as the foundation for all future propaganda by the Muslim League. The fourteen points were outlined as follows:

1. Adoption of a federal constitution with residual powers granted to provinces.
2. Establishment of provincial autonomy.
3. Constitutional amendments: Prohibition of constitutional amendments by the center without the concurrence of the states forming the Indian federation.
4. Adequate representation: Ensuring adequate representation of Muslims in all legislatures and elected bodies in every province, without diminishing a Muslim majority to a minority or equality.
5. Representation in services: Provision of sufficient representation for Muslims in services and self-governing bodies.
6. Representation in Central Legislature: Allocation of one-third representation for Muslims in the central legislature.
7. In any central or provincial cabinet, one-third of the members are Muslims.
8. Separate Electorates: Retention of separate electorates.
9. Bill or Resolution in the legislature: The requirement that no bill or resolution in any legislature be passed if three-fourths of a minority community perceive it to be against their interests.
10. Territorial Redistribution: Ensuring that any territorial redistribution does not affect the Muslim majority in Punjab, Bengal, and NWFP.
11. Separation of Provinces: Separation of Sindh from Bombay.
12. Constitutional Reforms: Implementation of constitutional reforms in the NWFP and Baluchistan.
13. Religious Freedom: Religious Freedom Guarantee of full religious freedom for all communities.
14. Protection of Rights: Protection of Muslim rights in religion, culture, education, and language.

Dissatisfaction among the younger section

• Broad Dissatisfaction with the Nehru Report: The discontent with the Nehru Report extended beyond the Muslim League, Hindu Mahasabha, and Sikh communalists. The younger and more radical nationalists, led by figures like Jawaharlal Nehru, expressed distinct objections against the Nehru Report. 
  • Their primary dissatisfaction stemmed from the report’s endorsement of Dominion Status within the framework of self-governing dominions for India’s future constitution. 
• Radical Nationalists Push for “Complete Independence”: Advocating the slogan of “Complete Independence,” these radicals, including Nehru, Subhas Bose, and Satyamurthi, rallied a significant number of delegates at the Congress’s annual session in Calcutta in December 1928. 
  • In contrast, older leaders like Gandhi and Motilal Nehru, who had worked hard to achieve a national consensus on Dominion Status, resisted abandoning it hastily.

• Compromise on Dominion Status: After intense debates, a compromise was reached, and a 2-year grace span was given to the colonial government to abide by the demand for a dominion status. 
  • Shift Toward Full Independence: Later, under pressure from the younger elements, this period was decreased to one year. 
    • The Congress decided that failure to adopt a constitution based on Dominion Status within the stipulated time would prompt a shift to complete independence as the Congress’s goal, coupled with the initiation of a civil disobedience movement to achieve this objective. 
  • In response, Nehru and Subhash Bose rejected the Congress’ adjusted objective and collaboratively established the Independence for India League.

Conclusion

The Nehru Report was a landmark effort in India’s constitutional development, proposing dominion status while striving to address communal and political tensions. Despite its comprehensive framework, including responsible government and fundamental rights, it faced opposition from both communal factions and radical nationalists. The report’s impact was significant, setting the stage for future constitutional developments and the eventual shift towards complete independence. Ultimately, it marked a crucial step in India’s journey toward self-governance.

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