Building the Constitution

M.N.Roy Sensed India’s freedom to be a post-war reality following the defeat of the Axis powers and the weakening of British imperialism. Roy wrote a series of articles in Independent India on the economic and political structures of
new India. He was the first one to give an idea of a Constituent Assembly for India.

Later on, in 1935, Indian National Congress demanded a Constituent Assembly to frame the constitution of India. Keeping the pressure in mind, the British Crown passed Government of India Act 1935 in August 1935 with 6 major Acts as :-

1. Grant of a large measure of autonomy to the provinces of British India (ending the system of diarchy introduced by the Government of India Act 1919).
2. Provision for the establishment of a "Federation of India", to be made up of both British India and some or all of the "princely states".
3. Introduction of direct elections, thus increasing the franchise from seven million to thirty-five million people.
4. Partial reorganization of the provinces:
  • Sindh was separated from Bombay
  • Bihar and Orissa was split into separate provinces of Bihar and Orissa
  • Burma was completely separated from India
  • Aden was also detached from India, and established as a separate Crown colony
5. Membership of the provincial assemblies was altered so as to include more elected Indian representatives, who were now able to form majorities and be appointed to form governments
6. Establishment of a Federal Court.
 
But, the Act of 1935 failed to satisfy the Indian aspirations. In 1938, Pandit Nehru formulated the demand for constituent assembly.
 
On the eve of the Battle of Britain, the 'August offer 1940' was made . The Viceroy at the time, Lord Linlithgow made a fresh offer that promised the expansion of the governor-general's Executive Council to include more Indians, the Establishment of an Advisory War council, giving full weight to minority opinion, recognition of Indians' right to frame their own constitution (after the war would end). In return, it was hoped that all parties and communities in India would cooperate in Britain's war efforts.
 
Early in 1942, Sir Stafford Cripps, was sent to make a definite offer to India on behalf of the British Government. Sir Stafford Cripps proposed the following constitutional reforms:
  • A constitution-making body (consisting of members elected by the Lower House of the Indian Legislature and the representatives of the Indian States nominated by their rulers) would be set up to draft a new constitution.
  • India would be given Dominion Status immediately after the termination of the war.
  • It envisaged a federation of British India and the Indian States as a dominion within the British Commonwealth.
  • Britain would accept the constitution framed by the constitution-making body, subject to the following conditions:
    1. If any British Province did not wish to join the federation, it could retain its present position and the British Government would give it the same status as the rest of the Indian Union.
    2. A treaty would be signed between the constitution-making body and the British Government covering all subjects regarding transfer of power, including the rights of the minorities.
  • Indian leaders were invited to participate in the Council of their country and the Commonwealth.
  • The power of Viceroy would remain as hitherto and he would be responsible for the defense of the country.
Cripps proposal, however was rejected by the Muslim League which was having a demand for partition and dividing India into two autonomous states.Later on, however, a last Cabinet mission was sent to India, which more or less satisfied the Muslim League and Congress.