Abdul Kalam Azad acted as mediator in negotiations

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.

Gyassuddin Gazi, Kotwal, Who humiliated Emperor Bahadur shah Jafar After 1857 uprising against British India Company that the question of minority

Above observations of   Jawahar Lal Nehru the Imposter Hindu in realty grand son of Gyassuddin Gazi, Kotwal, Who humiliated Emperor Bahadur shah Jafar After 1857 uprising against British India Company that the question of minority was raised by Muslim leaders in order to gain their political powers would be clear from Chapter II of the Book  'The Administration of the Moghul Empire' written by a Historian Ishtiaq Husain Qureshi published in 1973 and reprinted in 1973.  The relevant part of Chapter II, pages 22 and 23 are being reproduced below:-
"ISLAM takes a comprehensive view of life and does not separate politics from religion....."
"By the time of the Prophet's death, the Muslim state was already strong and well consolidated.   IN its essence it was the organized Muslim community functioning as a religious entity to preserve and propagate its beliefs and to provide the facilities to practise them, confronted with socia, economic and political needs to sustain its life as an independent society, hence organized into a state without which its prime object of maintaining its Islamic character could jeopardized.  This need could be felt by any religious group, but in Islam religion was not merely a matter of prayer and belief but it also embraced the external behaviour of man to a degree that such a conception of the Islamic community was inevitable.  The Muslim thinkers have mostly upheld this conception of the Islamic State.  Their legal thinking also has been affected by this belief; indeed this conception is so deeply immersed in the Islamic doctrine that it would be difficult to separate it from religious thought....."
Founding Fathers of Constitution never expected any such privileged and expected to make India a secular State, but given some protection to some of the religious communities having population about 1-1/2% of total population as religious minority community.    The History of Minority narrated above also confirms the same.
Upto 1941, Muslim community never claimed any minority rights.  The Hindu and Muslim population ratio available on record makes it clear that Muslim population never gone beyond 12.58% prior to 1941.
Following are the details showing percentage of Hindu and Muslim population according to Census of 1921, 1931 and 1941:-
Census of 1921
Hindu - 84.40%
Muslims -9.57%
Census of 1931
Hindu - 84.34%
Muslims -9.86%

Census of 1941
Hindu - 75.89%
Muslims -12.58%
In 1940, Muslim League started claiming separate nation for Muslims on the ground that Muslims constitute a separate nation and Hindus and Muslim could not live together.  Muslim leaders at that time were of the view that after independence perhaps Muslims would be ruled by Hindus, though Muslims were rulers prior to British Rule and  majority Hindu population was being ruled by Muslim rulers and after independence there would be dominance of Hindus in administration.  Muslims were so dominant in 1941 that on the strength of their population which was 12.58% only compelled the people of India to get a separate country for themselves and Islamic State of Pakistan came into existence.
Census of 1951 makes it clear that inspite of the division of India on the ground that Muslims and Hindus form two separate nations with support of Muslim population residing in every State of  India supporting the demand of partition of the country, Pakistan was formed and India was divided, it was expected that except very few nationalist Muslims, who opposed partition of India would remain in India. For protection of those nationalist Muslims minority status was granted to them apart from other minority communities, but the majority of Muslim population did not go to Pakistan and remained in India, i.e.,  9.09%, according to 1951 Census report, did continue to remain in India.  Population of Muslims played an active role in dividing the country in two nations which shows that at any point of time strength & population of Muslim religious community played a vital role in deciding the fate of the India and that is why Sri Pocker Mohammed, a member of Constituent Assembly while delivering his speech rightly said that the Muslims are a strongly knitted  community and also that if special rights are not given to them they will become desperate.   Muslim religious group at present has become a major dominant force in democratic India on the basis of their population, voting rights and strength in getting elected their representative and own Government on the basis of their voting power.
Out of 5,37,61,925 of rest of population in 1951 Census the Muslims population was 90,58,992 in U.P. which constituted about 1/6th of total population. Census of 2001, makes it clear that out of total population of U.P. 16,61,57,921, 13,39,79,263,  was Hindu population and the Muslims population was 3,07,40,158 which is about 1/4th.   It is worthy to notice here  that population of Muslims throughout India in 1951 was 3,54,10,123 which is almost equivalent to All India population of Muslims of 1951 at present only in Uttar Pradesh.
A perusal of the chart of the Census available on record also makes it clear that in a number of provinces the population of Muslims  is more than 25%.  In case Muslim community was in a dominant position at the time of partition only on the basis of 12.58% population and only 3% of Muslim population  transferred to Pakistan after partition as is clear from the census of the 1951, though  most of the population belonging to Muslim Religious Community throughout India supported partition and achieved their goal as is clear from the Constituent Assembly Debates.  Such Religious  group has now become a majority group again on the basis of their increased strength & population and if proper Training  & Education of patriotism and secularism is not given and are left with any religious elements, it may give rise to multi-nationalism in India. This caution was made by the  Apex Court in Bal Patil's case (supra) and as such this Court of the firm view that if in 1941, 12.58% population of Muslims was so powerful that they succeeded in dividing the country how the present population of 18.5% of muslims in the State of Uttar Pradesh could be treated as a religious minority community and a non-dominant group.
Following Chart of the Muslim population in some of the Districts of State of Uttar Pradesh shows the strength of Muslim community which appears to be  only dominant religious community which could affect the democratic set up of the country:-
   Census -2001, U.P.
Districts Hindu s Muslims
Saharanpur 17,23,226 11,32,919
Muzaffarnagar 21,51,009 13,49,629
Bijnor 17,66,391 13,06,329
Moradabad 20,52,014 17,35,381
Rampur 9,05,062 9,45,277
Jyotiba Phule Nagar 8,97,785 5,90,308
Meerut 19,64,504 9,75,715
Baghpat 8,54,718 2,87,871
Ghaziabad 24,61,008 7,82,915
Gautam Buddha Nagar 10,28,937 1,56,415
Bulandshahr 22,85,976 6,13,660
Aligarh 24,38,496 5,31,956
Budaun 24,02,152 6,54,797
Bareilly 23,45,325 12,26,386
Pilibhit 11,73,317 3,90,337
Shahjahanpur 20,28,913 4,55,049
Kheri 24,82,852 6,12,638
Lucknow 28,52,721 7,48,687
Farrukhabad 13,26,118 2,32,599
Kannuj 11,64,479 2,19,104
Kanpur Nagar 34,48,024 6,53,881
Kaushambi 11,16,223 1,74,698
Allahabad 82,84,834 6,27,735
Barabanki 20,72,421 5,89,197
Sultanpur 26,76,468 5,24,642
Bahraich 15,37,177 8,29,361
Shrawasti 8,72,653 3,01,117
Balrampur 10,58,676 6,17,675
Siddharthnagar 14,28,543 6,00,336
Basti 17,62,973 3,06,540
Sant Kabir Nagar 10,73,646 3,41,154
Maharajganj 17,93,304 3,57,822
Kushinagar 23,94,602 4,87,674
Deoria 23,98,395 3,08,731
Azamgarh 33,32,711 5,93,907
Mau 14,94,344 3,53,003
Jaunpur 34,84,557 3,99,186
Ghazipur 27,22,780 3,00,327
Varanasi 26,27,565 4,97,516
Sant Ravidas Nagar 11,87,835 1,61,962
Bhadohi
Considering the historical background discussed above and the proceedings of Constituent Assembly, it is clear that population and strength was the only norm basis of recognising any community as religious minority community in India.  If India could be partitioned in two nations on the basis of 12.58% population of Muslims at the time of partition, the present population of 18.5% of Muslims in State of Uttar Pradesh are more dominant group in comparison to any other religious community according to strength & population and cannot be treated as religious minority community.
As stated above at the cost of repetition that Muslims in India were  always in microscopic minority even during Muslim Rule for more than a century and British Rule, but they never claimed any minority right at any point of time.  As in the present case, controversy relates to only religious minority, as petitioners and Opp. Party nos. 4 to 6 claimed themselves as Muslim minority and protection under Articles 29 and 30 of the Constitution of India, this Court is expressing opinion about religious minority and not about linguistic minority.  It is also made clear that question of backwardness of any community has no nexus and if any group claims backwardness, it has nothing to do with the minority rights under Articles 29 and 30 of the Constitution of India and all the citizens of India may be considered for the purposes of backwardness in accordance with the Constitution of India.  It is also made clear that as Muslim Religious  community  has throughout been remained as a privileged class for centuries, how they became backward and if Muslim religious community claims any special/minority right being backward, who is to be blamed is not a controversy involved in the present case and as such this Court is not expressing any opinion.
Sri Pocker Mohammed, a member of Constituent Assembly participating in the proceeding of Constituent Assembly rightly said that the Muslims are a strongly knitted  community, therefore, if special rights are not given to them they will become desperate.  Data given above makes it clear that  Muslim religious group is now a dominant political force in democratic India on the basis of their population, voting rights in election and strength in getting elected their representative and in electing their own Government of their dominating choice on the basis of their population.

Discovery of India' by. Jawahar Lal Nehru the grand son of Gyssuddin Gazi, the deceptive identity ruining our country

From the Book 'Discovery of India' by. Jawahar Lal Nehru  the grand son of Gyssuddin Gazi, the deceptive identity ruining our country  following facts are borne out that how concept of minority was developed in pre independence era:-
Indian National Congress was also established in 1885 and thereafter in 1906, Indian Muslim League was established by some Muslim leaders.  Under the banner of Indian National Congress, Hindus and Muslims both participated in the national movement of Independence under the leadership of  national leaders belonging to both the communities and ultimately under the leadership of Mahatma Gandhi movement for independence gained momentum.  But, Muslim League started claiming separate electorate/franchise  for Muslims even prior to 1935.
The above history of Muslim Religious Community  in India makes it clear that though Muslims were always in microscopic minority, but constituted the privileged class or were most favoured children of the State who enjoyed all the benefits from the public welfare and other State enterprises during Muslim Rule.  The other non-muslim communities for about centuries under the Islamic Rules were underprivileged, weak and nondominant group of the Indian society.  Muslim community was dominant upto partition of the India in all spheres of life including polity.  The History itself speaks that abnormal growth of Muslim population proved to be a weapon for Muslim community for getting political power and to re-establish the Government in power of their own choice in the democratic process by using their voting rights in one side or the other prior and after partition in India.
The above historical background  makes it clear that the Muslim Religious Community was a privileged class in comparison to Non-Muslim religious communities during Muslim Rules and also continuing as such during British Rule which developed a complex in Muslim Religious Community and in order to revive aforesaid privilege the Muslim Religious Community claimed partition of India.  Pakistan, Bangladesh and Afghanistan which were part of ancient India were separated from it and are Islamic States and non-muslim religious communities are compelled to reside under the Islamic Rules.
The intention of Founding Fathers of the Constitution of India was not to create any privilege to minority religious community while introducing Articles 29 and 30 of the Constitution of India.  This was just a protection given to minorities due to meagre population and strength treating such religious groups as non-dominant groups/communities.    Constituent Assembly has categorised these non-dominant religious groups in three classes in the Schedule, i.e., 1/2%, less than 1-1/2% and above 1-1/2%.  This was the criteria fixed by the Constituent Assembly for determining religious or linguistic minority.    According to the Apex Court it is the region or the State which is the criteria for determining a religious or linguistic minority. Muslim Religious community is at present more than 18.5% of population in Uttar Pradesh is a dominant religious community and no sense of insecurity or lack of confidence exist amongst them at present.  The claim of any religious group/community as privileged class may give rise to other community to make such demands which may be detrimental to nation's unity and integrity.  
Pt Jawahar Lal Nehru in his Book 'Discovery of India' at page 382 had described minority in India as under:-
" ....Minorities in India, it must be remembered are not racial or national minorities as in Europe; they are religious minorities.  Racially India is a patchwork and a curious mixture, but no racial questions have arisen or can arise in India.  Religion transcends these racial differences, which fade into one another and are often hard to distinguish.  Religious barriers are obviously not permanent, as conversions can take place from one religion to another, and a person changing his religion does not thereby lose his racial background or his cultural and linguistic inheritance.  Latterly religion, in any real sense of the word, has played little part in Indian political conflicts, though the word is often enough used and exploited.  Religion differences, as such, do not come in the way, for there is a great deal of mutual tolerance for them.  In political matters religion has been displayed by what is called communalism, a narrow group mentality basing itself on a religious community but in reality concerned with political power and patronage for the interested group...."
In his Book 'Discovery of India' at page 392, Pt Jawahar Lal Nehru further noted as follows:-
"Mr. Jinnah's demand was based on a new theory he had recently propunded that India consited of two nations, Hindu and Mislem.  Why only two. I do not know, for if nationality was based on religion, then there were many nations in India....."

Meanwhile, the people of the country, the Hindus, were being slowly converted to Islam

Jawahar lal NEHRU, the false identity of Hindu poster and the grand son of Gyssuddin Gazi wrote in his book 'Glimpses of World History' (Published by Oxford University Press) has given detailed this in Chapter 66.  Relevant passage finds place at page 214 of the Book, the same is being quoted below:-
".....Meanwhile, the people of the country, the Hindus, were being slowly converted to Islam.  The process was not rapid.  Some changed their religion because Islam appealed to them,  some did so because of fear, some because it is natural to want to be on the winning side.  But the principal reason for the change was economic.  People who were not Muslims had to pay a special tax, a poll tax-jezia, as it was called.  This was a great burden on the poor.  Many would change their religion just to escape it.  Among the higher classes desire to gain Court favour and high office was a powerful motive....."

How the assessment of amount of jezia tax was payable by Hindu population is clear from the Book titled as 'The Administration of the Moghul Empire' written by a Historian Ishtiaq Husain Qureshi.  The relevant passage is being quoted below:-
"...The assesses were divided into three categories in accordance with their wealth.  Those in possession of ten thousand dirhems or more were considered to be wealthy; those who had less than ten thousand but more than two hundred dirhems were classified as belonging  to the middle class, those who had less than two hundred dirhems but enough, in addition to the cost of maintaining themselves and their dependents, to pay the tax were considered to be poor.   The first category was required to pay forty-eight dirhems per annum; the second twenty-four; and the third twelve.  These seem to have been the rates for the urban areas; in the countryside the government levied a flat charge of four per cent of the state demand upon agricultural produce.  If the agents of government failed to collect the jiziyah from any one for an entire year, he could not be charged the sum later.  A dirhem was roughly 550 English grains of silver..."
The history further makes it clear that population of any community played a vital role for affecting India's polity as well as Geography.  Afghanistan was part of Greater India as Gandhar.  It was also part of Greater India up to 1739 A.D. and Buddhism was a dominant religion in Afghanistan.  Conversion of Buddhists into Islam in Afghanistan started process of separation which completed in 1739 AD when Nadirshah separated Afghanistan from India and merged in his empire.  After death of Nadirshah Afghanistan became an independent Muslim State.  Due to Islamic Rule for more than one thousand years in Sindh, Punjab, North Western Frontier Provinces and Bengal Hindu majority  were converted into Muslim.  In the year 1945, the percentage of Muslim population was 54 per cent and Hindus were 45 per cent and others were 1 per cent in Bengal only.  Due to certain privileges to Muslims in India Greater India was partitioned in 1947 on the basis of two nations theory that the Muslims and Hindus constitute two nations.  Present problem in Kashmir valley is also problem of Majority Muslim population whereas there is no such problem in Jammu and Laddakh where Hindus and Buddhists are in majority.  History also makes it clear that due to special privileges to Muslims for more than one thousand years during Muslim Rule, though they were in microscopic minority and special separate rights to Muslims were given by Britishers also after 1906 upto Inidia was actually partitioned on the basis of Muslim population in undivided India.  It is clear that population coupled with special rights awarded to  Muslims, detailed above, played a greater role in changing history and geography of this country.  
As has already been discussed above which is a historical fact that majority of Muslims were converted Hindus and has origin of Hindus ancestors who adopted Muslim religion for various reasons during the period of more than one thousand years of Islamic Rule in the country and the majority of conversion took place due to economic reason of poor who could not pay Jezia Tax compulsorily made payable by Hindu population.  Historic  Book 'Glimpses of World History' written by Pt. Jawahar Lal Nehru makes it clear that conversion from Hindu community to Muslim religion during muslim Rule  took place mostly due to poverty and due to non-payment of Jezia Tax. It is only after the end of the Muslim rule, Hindus and Muslims jointly fought against Britishers in 1857 AD-the first war of independence against foreigners to re-establish India's own rule.   This common-ness and nationhood lasted not for more than 50 years, when Muslim League was established in 1906 which started claiming separate rights on the ground of religion which was conceded by Congress as well as British Parliament which ultimately resulted in division of the country on the basis of religion and changed Geography of India.
The above careful study of the history makes it clear that minority rights were  given for protecting their right and not to claim any privilege or special rights in comparison to Hindus, but  to remove  sense of insecurity and lack of confidence in minority, who opposed partition of India,  but this minority right was misinterpreted by certain quarters and inspite of the fact that at present the population of Muslim Religious group is more than 18.5 per cent, they are  still claiming themselves as religious minority community, though neither there is any insecurity nor there is any lack of confidence in Muslims whereas Muslim Religious group has now become single largest religious dominant group on the basis of population & strength affecting all walks of life including democratic process.   It is further clear that in some States of India Muslim population is about 25 per cent and at least more than 13.8% on all India basis.  In this backdrop, now Muslims have become a dominant group in all respects and have ceased to be a Religious minority community. As the matter before the Court is relating to Uttar Pradesh, hence the Court is expressing opinion only with regard to Muslim Religious community in Uttar Pradesh.  This Court has taken note of historical background, judgments of Apex Court and debates of Constituent Assembly and is of the view that any further recognition of Muslims as a religious minority community will necessarily give rise to multinationalism in India and as such the State of Uttar Pradesh as well as Central Government may consider and pass appropriate orders to delete entry of Muslims as a religious minority community in India.
The above discussions made it clear that ancestors of present Hindu society fought and saved their religion, civilization and culture even by paying Jezia Tax for continuing as Hindu in Islamic Rule in different parts of India and present Indian generation should be grateful for saving their religion, culture and civilisation even under such odd situation.
It is further clear from the History that it was Akbar who did not impose any Jezia tax, but the same was re-imposed lateron by Aurangjeb.
During the period of Muslim Rule for about one thousand year, no member of Muslim community claimed any minority rights.  The Britishers thereafter tookover the administration of India.  First war of Independence in 1857  was fought by both Hindus and Muslims jointly.    After 1857, first war of independence, certain social, political and religious awakening took place in the Indian society.  A number of social reformers and religious leaders emerged who worked in the Indian Society some of them  were Swami Dayanand  Sarswati who established Arya Samaj, Sri Raja Ram Mohan Rai, Swami Vivekanand and various other awakening and political changes also took place in the Indian society towards their rights in this era.