Civil Justice

Gandhian influence on the constitutional movement for Independence

India achieved independence mainly through a process of long peaceful and non-violent constitutional means founded on Gandhism, writes Mohan V. Katarki.

Mohan V Katarki

India achieved independence mainly through a process of long peaceful and non-violent constitutional means founded on Gandhism, writes Mohan V. Katarki.

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M.K. Gandhi and Gandhism have deeply impacted the national awakening against British colonialism in India, the promotion of non-violence around the world, and the building of social harmony in the multicultural Indian society.

However, neither did Gandhi associate with framing the Indian Constitution nor did the framers of the Constitution care much for his ideas on governance. At the same time, if the entire freedom movement was essentially a political action to extract constitutional reforms and eventually independence as constitutional liberation from the British monarch, Gandhi indeed played a dominant role in the movement.

A constitutional engagement with dissent

The constitutional engagement by British imperialists with dissent in British India was the beginning of a long saga of a constitutional movement popularly known as the freedom movement.

After decades of stable colonisation, the Europeans started feeling the heat of the demand for freedom, self-rule, or constitutional liberation, particularly in the Indian subcontinent.

The British imperialists were thus forced by liberals to engage with dissenters rather than combating dissenters since the basis of the dissenters' challenge to their colonialism was not a violent revolution but a democratic and ethical demand.

The engagement parties were not free from trouble. A stiff opposition from the hawks among the conservatives was a hurdle in the task of constitutional engagement in Britain. At the same time, the Indian National Congress (INC) which was a leading voice of liberal Indians, came under the tremendous pressure of revolutionaries to act tough.

The constitutional engagement by British imperialists with dissent in British India was the beginning of a long saga of a constitutional movement popularly known as the freedom movement.

The Muslim League and Hindutva proponents had their differing perceptions of imperialists. Even the INC was a divided house, between the moderates led by Dadabhai Nauroji and Gopal Krishna Gokhale and the hardliners led by Bal Gangadhar Tilak.

When the time was ripe for engagement, Gandhi, with experience of peaceful engagement with British imperialism in South Africa, returned to British India, and in no time he took command of the INC.

However, Gandhi was not a mere black-coat barrister to negotiate with British imperialists sitting across the table. He knew hard constitutional bargains needed the political support of the masses.

He launched satyagraha, a non-violent protest, by organising people across the nation. Interestingly, his call found its resonance in the masses immediately.

While recognising the role of revolutionaries who sacrificed their lives, the masses found it easy to associate with non-violent satyagraha, because it did not involve defying any law and risking police brutality. Definitely, even though the movement was non-violent, thousands of innocent Indians were put into jail for days and years in the long struggle of more than 30 years.

If we recollect history, after the First World War in 1917 and the dissolution of four dynasties including the Ottoman dynasty, the British fast-tracked constitutional changes in its empire.

An Imperial War Conference, held in London, resolved in its Resolution IX that the dominions (Canada, Australia, New Zealand and South Africa) and India should have "a right … to an adequate voice in foreign policy and foreign relations".

The conference decided to invite India in the future, which was an exception made among the non-dominion colonies. A quasi-dominion constitutional status thus dawned upon India.

The constitutional participation under the 1919 experiment

The constitutional engagement between the British and the Indians led to the Montague–Chelmsford Report. Acting on the report, the Government of India Act of 1919 was enacted by the British Parliament, replacing the bureaucratic and centralised system of governance under the Government of India Act of 1858 with a semi-democratic structure that resembled a federal system.

After decades of stable colonisation, the Europeans started feeling the heat of the demand for freedom, self-rule, or constitutional liberation, particularly in the Indian subcontinent.

The Act of 1919 represented constitutional participation for Indians in the governance of British India. The diarchal system devised in the Act granted a few departments to Indian nominees.

The bulk of power was retained under the tight fist of British imperialists. However, the system with British-chosen Indians, who were not elected by Indians based on adult franchises, was doomed to fail, and it did eventually fail!

Back in London, a comprehensive constitutional policy was planned by the British government to diffuse the growing nationalist movements for constitutional reforms. Gandhi's peaceful non-violent protest challenging the British Raj under the banner of the non-cooperation movement had already established a connection with the masses.

The Imperial Conference presided over by King George V was held on October 25, 1926 in London. The Inter Imperial Relations Committee headed by former Prime Minister Lord Arthur Balfour was appointed by the conference.

The committee, in its report, did not frame the Constitution of the British Empire, but it declared, inter alia, that "equality of status, so far as Britain and Dominions".

Concerning India, which was considered a jewel in the British Crown, the committee cleverly skirted the issue with general observations that "the position of India in the empire is already defined by the Government of India Act, 1919". The outcome was a setback for the peaceful movement in India to extract constitutional concessions.

However, the growing peaceful and non-violent resistance without defying law or constitutional norms did not fail to put pressure on British imperialists. A commission chaired by British politician John Simon was appointed in 1928 to examine Indian constitutional affairs.

The INC protested against it since no Indian was part of the commission. In 1929, the INC hit back by passing a resolution for Poorna Swaraj (a complete self-rule) in Lahore. Carrying forward, a civil disobedience movement was launched by the beleaguered Gandhi. The follow-up Dandi March by Gandhi was a great success in the mass awakening for Poorna Swaraj and constitutional liberation from British power.

At the same time, the INC which was a leading voice of liberal Indians, came under the tremendous pressure of revolutionaries to act tough.

Despite the pressure from constitutional nationalists, the Simon Commission's Report, submitted in May 1930, did not recommend the grant of dominion status (constitutional autonomy within the British Empire) to India.

Due to the strong opposition from the INC to the report, and the success of its mass movement of civil disobedience and Dandi March, a Round Table Conference to discuss constitutional questions was convened in London. Indians from all sections were invited to London, which included the Muslim League's representatives, jurists, economists, Dr B.R. Ambedkar as a representative of the Depressed Classes, and B.S. Moonje as a representative of Hindu Mahasabha.

On sensing the coming down by the British, the INC boycotted the Round Table Conference and took an aggressive stand demanding dominion status (constitutional autonomy within the British Empire).

The British buckled and the Gandhi–Irwin Pact was entered into with an offer to consider dominion status for India. With a concession of sorts, Gandhi travelled to London to represent the INC at the Round Table Conference. Unfortunately, the Round Table Conference yielded no tangible results due to the adamant stand of the British imperialists against dominion status for India.

A limited autonomy in 1935

The unrepentant British Parliament went ahead unilaterally and enacted the Government of India Act of 1935. The INC rejected the Act of 1935 and raised the demand for the Constituent Assembly to draft its own indigenous Constitution at the Lucknow session.

However, the INC participated in the elections held under the Act of 1935. The INC, led by Gandhi, scored big victories for its aggressive stand against the British for demanding dominion status. The separatist Muslim League did well in the Muslim-dominated provinces of Northwest Frontier, Baluchistan, Sind, Punjab and Bengal. Surprisingly, Hindu Mahasabha sided with the Muslim League and helped it in forming the coalition governments in these provinces.

The constitutional experiment under the Act of 1935 was short-lived. The INC provincial governments resigned in 1939 in protest against the unilateral decision of the Governor General of India, Lord Linlithgow to involve India in the Second World War.

The British government in London sent its minister Sir Stafford Cripps to negotiate the demand for complete independence with Indian nationalists. The INC came out with its fiercest political campaign at the instance of Gandhi by launching the Quit India movement in August 1942 and unequivocally demanding complete independence as constitutional liberation.

The conference decided to invite India in the future, which was an exception made among the non-dominion colonies. A quasi-dominion constitutional status thus dawned upon India.

The demand went beyond the earlier demand of dominion status. Lakhs of Indians courted arrest by offering satyagraha. The INC struck a popular chord with the masses.

Independence by constitutional means

With the rise of forces of democracy and constitutionalism after the end of the Second World War, decolonisation became the cornerstone of British Prime Minister Clement Attlee's foreign policy.

The long-standing demand of Indians for a Constituent Assembly was accepted with its establishment on December 9, 1946, giving rise to hopes for independence. On June 3, 1947, finally, Attlee heeding the nationalists' demand announced that India would be a completely independent nation on August 15, 1947, with a right to frame its own Constitution.

The British imperial power, which was wholly reluctant to grant even dominion status, agreed, in the changed political compulsions generated by the nationalist movement of masses, for dominion status with the liberty to Indians to declare complete independence by framing their own Constitution.

The Indian Independence Act of 1947 was passed by the British Parliament immediately after the announcement of June 3, 1947. Section 7(1)(a) said that the British shall "have no responsibility" towards British India.

Section 7(1)(b) declared the British suzerainty (paramountcy) over the Princely States' "lapses". Section 8 granted the power to frame a Constitution to the Constituent Assembly. The said Constitution Assembly, on November 25, 1949, enacted the liberalist and welfarist Constitution of India. The Republic of India was founded on January 26, 1950.

The independence of India was neither a voluntary withdrawal by the British nor a forced extraction by a violent revolution.

The sovereignty lost in a series of bloody wars from Anglo-Indian wars from the 17th century to the middle of the 19th century to the technologically superior gun power of the British, etc., stood returned to the people of India peacefully and by constitutional means.

Hundreds and thousands of Indians suffered imprisonment. Many lost lives. The independence of India was neither a voluntary withdrawal by the British nor a forced extraction by a violent revolution.

The decolonisation of the British Empire, on which the Sun never set, was a case of failed politics of bait and switch against a mass non-violent movement for constitutional liberation. India achieved independence mainly through a process of long peaceful and non-violent constitutional means founded on Gandhism.

The author has derived from his early article titled 'Britain had no option, but to grant independence to India on August 15, 1947' published in The Leaflet on August 19, 2022.