We have
traced the history of India and its struggle for independence to show how the
concept of minority developed prior to and at the time of framing of
Constitution and later in the course of its working, History tells us that
there were certain religious communities in India who were required to be given
full assurance of protection of their religious and cultural rights. India is a
country of people with the largest number of religions and languages living
together and forming a Nation. Such diversity of religions, culture and
way of life is not to be found in any part of the world. John Stuart Mill
described India as "a world placed at closed quarters". India
is a world in miniature. The group of Articles 25 to 30 of the Constitution, as
the historical background of partition of India shows, was only to give a
guarantee of security to the identified minorities and thus to maintain
integrity of the country. It was not in contemplation of the framers of
the Constitution to add to the list of religious minorities. The
Constitution through all its organs is committed to protect religious, cultural
and educational rights of all. Articles 25 to 30 guarantee cultural and
religious freedoms to both majority and minority groups. Ideal of a
democratic society, which has adopted right of equality as its fundamental
creed, should be elimination of majority and minority and so-called forward and
backward classes. Constitution has accepted one common citizenship for
every Indian regardless of his religion, language, culture or faith. The
only birth in India. We have to develop such enlightened citizenship
where each citizen of whatever religion or language is more concerned about his
duties and responsibilities to protect rights of the other group than asserting
his own rights. The constitutional goal is to develop citizenship in which
everyone enjoys full fundamental freedoms of religion, faith and worship and no
one is apprehensive of encroachment of his rights by others in minority or
majority.
Many other
revelations concerning competing claims for reservation of seats on religious
basis can be gathered from the personal diary of prominent national leaders
late Abdul Kalam Azad. The diary was made public, in accordance with his last
wish only after 25 years of independence. The publication of Azad's diary
made it necessary for constitutional expert H.M. Seervai to re-write his
chapter under caption 'Partition of India - Legend and Reality' in his book on
'Constitutional Law of India'. Many apprehensions and fears were
expressed and disturbed the minds of the Muslims. They thought in democracy to
be set up in India, the Hindus being in majority would always dominate and
retain political power on the basis of their voting strength. There were
also apprehensions expressed by many prominent Muslim leaders that there might
be interference with and discouragement to their cultural, religious and
educational rights. Abdul Kalam Azad acted as mediator in negotiations
between the national leaders of the times namely late Nehru and Patel on one
side and late Jinnah and Liaqat Ali on the other. Nehru and Patel
insisted that in the new Constitution, there would be one united India
belonging to people of various religious faiths and cultures with all having
full freedom of their social, cultural religious and other constitutional rights.
They advocated one single citizenship to every Indian regardless of his
language or religion. The opposing group of Muslim leaders, in the
interest of members of their community, insisted on providing to them
participation in democratic processes proportionate to their ratio of
population and thus counter-balance the likely domination of Hindu majority.
They also insisted that separate electorate constituencies based on their
population be formed and seats be reserved for them in different parts of India.
Late Abdul Kalam Azad tried his utmost to find a midway and thus break
the stalemate between the two opposing groups but Nehru and Patel remained
resolute and rejected the proposal of Jinnah and Liaqat Ali. The tragic
result was that provinces with the highest Muslim population in the erstwhile
States of Sindh, Punjab and Baluchistan had to be ceded to form a separate
theocratic nation - Pakistan.
The history of the struggle for Independence of
India bears ample testimony of the fact that the concept of 'minorities' and
the demands for special care and protection of their religious and cultural
rights arose after bitter experience of religious conflicts which
intermittently arose in about 150 years of British Rule. The demand of
partition gained momentum at the time the Britishers decided to leave by
handing over self-rule to Indians. The Britishers always treated Hindus
and Muslims as two different groups of citizens requiring different treatment.
To those groups were added Anglo-Indians and Christians as a result of
large scale inter-marriages and conversions of several sections of communities
in India to Christianity. Prior to passing of the Independence Act of
India to hand over self-rule to Indians, Britishers in the course of gradually
conceding some democratic right to Indians, contemplated formation of separate
constituencies on reservations of certain seats in Legislature in proportion to
the population of Hindus and Muslims. That attempt was strongly resisted
by both prominent Hindu and Muslim national leaders who had jointly and
actively participated in the struggle for independence of India. 21. The attempt of the Britishers to form separate electorates and make reservations of seats on the basis of population of Hindus and Muslims, however, ultimately led to revival of demand for reservation of constituencies and seats in the first elected Government to be formed in free India. Resistance to such demands by Hindu and some Muslim leaders ultimately led to partition of India and formation of separate Muslim State presently known as Pakistan.
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