SIR, I HAVE COME BEFORE you to move for the consideration of the Report of the Advisory Committee (on Minorities, Fundamental Rights, etc, ) which met during this month for the last time. The Committee has, after completion of its work, been dissolved. The House will remember that in August 1947, probably in the 8th of August, a report was submitted by the Advisory Committee, and the Minority Committee taking into consideration the Advisory Committee’s report then submitted its proposals advising this House to adopt certain political safeguards for the minorities by way of reservations of seats in the legislatures on the basis of population and also certain other safeguards.
Now when this report was made, the House will remember that it was at a time when conditions were different and even the effect of partition was not fully comprehended or appreciated. At that time even when the report was passed suggesting the acceptance of reservation of seats in the Legislature on population basis, there was difference of opinion, well, a group of people of highly nationalistic tendencies led by Dr, Mookerjee, Vice Chairman of this House, from the beginning opposed such reservations in the Constitution. Rajkumari Amrit Kaur also at that time stoutly opposed these reservations, but the minorities then were apprehensive of getting the quantum of their representation due to them on basis of population; and the Advisory Committee, in spite of the difference of opinion, thought it necessary to allay the apprehensions of the minorities at that time, which they considered might be regarded as reasonable. The House will also recall that the representative of the Muslims in South India, Mr. Pocker, the no-changer and confirmed Muslim Leaguer, then proposed an amendment in this House when the proposals were submitted to the House, for introducing or continuing the separate electorates, the effects of which have been fully known and felt all over the country and perhaps, known outside too. My proposals as Chairman of the Advisory Committee were then accepted by the House practically unanimously and a general sense of appreciation was expressed by the minorities when these proposals were accepted. At a later stage we had to meet again because our proposals were incomplete in so far as the East Punjab and the West Bengal provinces were concerned, because when the House passed the proposals in the August Sessions of 1947, the effect of partition was not felt of known and the vast migrations that took place were at that time in a process of continuation and the position of the Sikhs was practically uncertain at that time. So also in Bengal the effect of the partition was not fully realized, and both the Provinces were desirous of postponing the question till the conditions were fully settled and the effects were fully realized. At a later stage in December a Committee was appointed to consider this question. A sub-committee of five persons was appointed by the Advisory Committee in which our revered President was also one of the members; Pandit Jawaharlal Nehru, myself, Mr. Munshi and Dr. Ambedkar were the members of this Committee. This Committee met and made its report in February. When this report was made the representatives of the Sikh community wanted time to consider the report and consult their community in this matter. Also when the report was put before the Advisory Committee, the Muslim representatives, some of them, had changed their opinions after full reflection for a long period since the passing of the principles of the Constitution in August Sessions of 1947; they put forward the plea that all these reservations must disappear and that it was in the interests of the minorities themselves that such reservations in the Legislature must go. It was strongly pressed by the representative from Bihar and supported by other representatives. There was then a little difference of opinion and I was anxious, and so was the Committee, that we should do nothing to take a snatch vote on a question of such vast importance. As the Sikh representatives wanted time to consider their position, we naturally adjourned and met again, during the early part of this month.
When we met this time, we found a considerable change in the attitude of the minorities themselves. Dr. Mookherjee moved a motion for the dropping of the clause on reservation of seats in the legislature on population basis. When this proposal was moved, Mr. Muniswamy Pillai, who was representing the Scheduled Castes, moved an amendment to the effect that the provision for reservation, so far as the Scheduled Castes are concerned, may be continued for a period of ten years. The general opinion in the Advisory Committee was, which was almost unanimous, that this reservation so far as the Scheduled Castes are concerned, should be continued for that period and that Mr. Muniswamy Pillai’s amendment should be accepted. The Sikh representatives brought in a proposal which, to a certain extent, was an improvement on the previous position. Whatever may be the object of that proposal, the Advisory Committee thought it fit to give due consideration to the proposal of the Sikhs, because the members of the Committee always felt a sort of responsibility for the susceptibilities and sentiments of the Sikh community which has suffered vastly by the partition of the Punjab. After a full debate, the Committee came to the conclusion that the Sikh proposal to fall in line with the dropping of reservation clause was, although diluted by another proposal which, in effect, gave them a sort of reservation of certain conditions, a great improvement. The Committee considering the whole situation came to the conclusion that the time has come when the vast majority of the minority communities have themselves realised after great reflection the evil effects in the past of such reservation on the minorities themselves, and the reservations should be dropped.
In a House of about forty members of the Advisory Committee, there was only one solitary vote against the proposal. So we thought that although these proposals were accepted by this House in August 1947, it was due to us and to the House that we should advise this House to reconsider the position and put before the House a proposal which is consistent with the proclaimed principles of this House for the establishment of a genuine democratic State based purely on nationalistic principles. Therefore, when we found the changed atmosphere, we considered it our duty to come before this House to revise this former decision, which was provisional as has been laid down by this House in several cases. It is under these circumstances that these proposals have been brought before the House.
So far as the Sikh community is concerned, there is only one proposal which in effect, does not really differ from the principles that have been laid down by the Advisory Committee, because the Advisory Committee also has accepted the amendment of Mr. Muniswamy Pillai that the reservation for the Scheduled Castes must continue. The Sikhs themselves have thought that certain classes of people amongst them, who have been recent converts, and who were originally Scheduled, Caste Hindus, and suffering from the disabilities which the Scheduled Caste Hindus are suffering from the fault of the Hindu community. The Sikhs are suffering for the fault of the Sikh community and nobody else. Really, as a matter of fact, these converts are not Scheduled Castes or ought not to be Scheduled Castes; because, in the Sikh religion, there is no such thing as untouchability or any classification or difference of classes. But, as unfortunately in this country the Hindu religion is suffering from the evil effects of certain customs and prejudices that have crept into the society, so also, the reformed community of the Hindus, called the Sikhs, have also in course of time suffered from degeneration to a certain extent. They are suffering from a complex which is called fear complex. They feel that if these Scheduled Castes who have been converted to Sikhism are not given the same benefits as the Scheduled Castes have been, there is a possibility of their reverting to the Hindu Scheduled Castes and merging along with them. So, the House will realise, and I do not propose to conceal anything from the House, that religion is only a cloak, a cover, for political purposes. It is not really the high-level Sikh religion which recognises this class distinction. The Sikhs, today it should be recognised, have suffered from various causes and we have to regard with considerable tenderness of feeling in taking into consideration their existing state of mind and provide as far as possible to meet with that situation. And so when these proposals were brought to us, in fact, I urged upon them strongly not to lower their religion to such a pitch as to really fall to a level where for a mess of pottage you really give up the substance of religion. But they did not agree. Therefore, the utmost that we can do is to advise those people in their community who were wanting these safeguards to go into the classification of Scheduled Castes. These people have now agreed to be lumped into the Scheduled Castes; not a very good thing for the Sikh community, but yet they want it, and we feel, for the time being, we would make that allowance for them. Theoretically the position is logically correct. They will be all Scheduled Castes, the Ramdasis , and three or four others whatever they are, they will all be called one Scheduled Caste. The Sikhs may call them Scheduled Caste Sikhs. After all, in the eye of religion, in the eye of God and in the eye of all sensible people they are one. These advantages are there reserved for a class of people, and therefore, although there was stout opposition from the Scheduled Castes people, who also naturally feared, and who had a justifiable fear complex that if they agreed to this, or if the House accepts this position, there is really a danger of forcible conversion from their class to the Scheduled Caste Sikhs, we have accepted it. Now our object is, or the object of this House should be, as soon as possible and as rapidly as possible to drop these classifications and differences; and bring all to a level of equality. Therefore, although temporarily we may recognise this it is up to the majority community to create by its generosity sense of confidence in the minorities; and so also it will be the duty of the minority communities to forget the past and to reflect on what the country has suffered due to the sense of fairness which the foreigner thought was necessary to keep the balance between community and community. This has created class and communal divisions and sub-divisions, which in their sense of fairness, they thought fit to create, apart from attributing any motives. We on our part, taking this responsibility of laying the foundations of a free India which shall be and should be our endeavour both of the majority– largely of the majority–and also of the minority community, have to rise to the situation that is demanded from all of us, and create and atmosphere in which the sooner these classifications disappear the better. Therefore, I will appeal to the House, particularly to the Scheduled Castes, not to resent or grudge the concession that is made in the case of the Sikhs, and I concede that this is a concession. It is not a good thing, in the interest of the Sikhs themselves. But till the Sikhs are convinced that this is wrong, I would allow them the latitude, consistent with what we think to be our principles of just dealings. So far as the other communities are concerned, I feel that enough time was given when we met in February in the Advisory Committee when these proposals were brought forward on behalf of the minorities, particularly the Muslims, enough time was given to consult their own constituencies, their communities and also other minority communities. It is not our intention to commit the minorities to a particular position in a hurry. If they really have come honestly to the conclusion that in the changed conditions of this country, it is in the interest of all to lay down real and genuine foundations of a secular State, then nothing is better for the minorities than to trust the good-sense and sense of fairness of the majority, and to place confidence in them. So also it is far us who happen to be in a majority to think about what the minorities feel, and how we in their position would feel if we were treated in the manner in which they are treated. But in the long run, it would be in the interest of all to forget that there is anything like majority or minority in this country and that in India there is only one community (hear, hear). With these considerations, Sir, I move that the Report of the advisory Committee be taken into consideration, as under:-
“Resolved that the Constituent Assembly do proceed to take into consideration the Report dated the 11th May 1949 on the subject of certain political safeguards for Minorities submitted by the Advisory Committee appointed by the resolution of the Assembly of 24th January 1947.
Resolved further–
(i) that notwithstanding any decisions already taken by the Constituent Assembly in this behalf, the provisions of Part XIV of the Draft Constitution of India be so amended as to give effect to the recommendations of the Advisory Committee contained in the said Report; and
(ii) that the following classes in East Punjab, namely, Mazhabis, Ramdasis, Kabirpanthis and Sikligars be included in the list of Scheduled Castes for the province so that they would be entitled to the benefit to representation in the Legislatures gives to the Scheduled Castes.”
Source- Constituent Assembly Debates, Volume no. VIII, May 25, 1949, Pages, 269-272