International Research Journal of Management Sociology & Humanities

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IRJMSH Vol 7 Issue 11 [Year 2016] ISSN 2277 – 9809 (0nline) 2348–9359 (Print)

Sardar Patel: The Foresighted Visionary on Minorities

Dr. Vikram Singh Associate Professor, Vaish College, Bhiwani (Haryana)

E-mail: [email protected]

The present article, “Sardar Patel: The Foresighted Visionary on Minorities”relates toSardar Patel, who played a significant role in the Indian political scenario from 1917 to 1950 and dedicated himself to Indian freedom struggle. He was the follower and closest companion of as well as an ideal Congress leader. He led several satyagrahas during ’s struggle for freedom from British rule. After Independence, he was appointed as Deputy Prime Minister under the leadership of , he looks after the departments of Home, States, Information and Broadcasting. He played an important role as the Chairman of the Committees for Fundamental Rights, Minorities and Provincial Constitution and provisions like the Right to Private Property, Privy purses for Princes and Constitutional guarantees for the Civil Services were incorporated. He emerged an astute leader and a sagacious statesman known as the ‘Iron Man’ of Modern India.

The problems of minorities at the time of independence seemed of a minor nature but these were found to be crucial. The minority groups like Anglo-Indians, Muslims, Sikhs, Buddhists, Jains and others which might be endangered to our nation and would check its development, if careful attention had not been taken at the right time. In a democratic country, the welfare of the minority communities cannot be ignored. The position of the minorities was sad at the time of independence and it was most difficult task to solve their problems without any guidance of an able leader who could possess a more understanding of such critical situation. The confidence of minority communities must be generated in their minds and social harmony in the country was impossible which would have adversely affected the development of the nation. Therefore, all the best efforts for nation building would be futile and the problems of minority people had not been solved at the right time. Sardar Patel succeeded in maintaining confidence in them, which led them towards the main objective of national solidarity as he had an extraordinary caliber wisdom and capacity. International Research Journal of Management Sociology & Humanity ( IRJMSH ) Page 35 www.irjmsh.com IRJMSH Vol 7 Issue 11 [Year 2016] ISSN 2277 – 9809 (0nline) 2348–9359 (Print)

The minority communities were not confident about their rights and privileges as it was obligatory to conserve their interests which would ultimately bring communal harmony in the nation. Sardar Patel became the chairman of the subcommittee of the Constituent Assembly at this crucial time who solved the problems of the minority people. He observed that country’s security and stability would be maintained by guarding as well as guaranteeing to their welfare. He opined that the citizens of India, irrespective of their religion, the Government should provide equal opportunity for them without any discrimination. He also observed that some safeguards were required to provide them equality with the majority community as they were weak. He considered that minority people had lots of potential so certain time bound constitutional safeguards were necessarily guaranteed to them because minorities were as part and parcel of the Indian nation as well as he worked for their security and contentment for development of India. “It is our duty to pledge ourselves to live with all Indians as brothers and cease to bear any one a grudge. Whatever our community, all of us - Hindus, Muslims, Sikhs, Parsis, Christians - should remember we belong to one country, Let us pledge to get together and create in India an atmosphere of amity. Let us all recognize like Gandhiji that we are creatures of one God among us there should be no touchable and untouchables.”1

Sardar Patel assured the Muslims for their safeguard, privileges and equal rights to the Hindus without any discrimination after independence. He assured them in Hyderabad in August, 1949 when he was delivering a lecture, they would not be treated as second citizen in India and the government would guard to the Muslims to enjoy the real liberty.2 Therefore, his philosophy was aimed at providing harmony between the Hindus and Muslims in the society as well as national integration. He believed in pragmatism, nothypocrisy or false promises not empty promises and always endeavored to transform his promises into reality. He endeavoured to provide safeguard protection to the Muslims from the hurdles and problems due to misguided Hindus during the communal riots in 1947. He allowed Muslims who were loyal to Pakistan were to migrate safely under the special care and provided the safe passage to Muslims to Pakistan, although Pakistan did not reciprocate the same. He urged the people in Amritsar when

1Murthi, R.K. Sardar Patel:The Man and His Contemporaries,' Sterling Publishers Pvt.td., New , 1976,p.- 50 2Murthi, R.K, Ibid.p.- 51

International Research Journal of Management Sociology & Humanity ( IRJMSH ) Page 36 www.irjmsh.com IRJMSH Vol 7 Issue 11 [Year 2016] ISSN 2277 – 9809 (0nline) 2348–9359 (Print) he was delivering a lecture on 30th September, 1947: “I have come to you with a specific appeal and that is to pledge the safety of Muslim refugees crossing the city. It is hardly creditable to us that we do not realize in what our good lies. It does not become a brave person to perpetrate deeds of the brutality ofdefenseless men, women and children... I appeal to you to act with prudence, and foresight. You should allow free and unmolested passage to the Muslim refugees.”3 Moreover, on 12th November, 1949 at Rajghat he advocated that he did not want the Muslims to live in India with their loyalty to Pakistan, he appealed to the Muslims who wanted to reside in India that they should forget their love for Pakistan and follow the Indian constitution from the core of heart. He was sternly against dual loyalty therefore, he stated about the Muslims of Kathiawad who pursued the Muslim League propaganda of “Two nation theory”. He warned them not to pursue the same even after the partition of the country as they would get no place in India as well as they were advised to seek other suitable place outside India where they could follow their dual loyalty.4 He knew that he had been blamed as Anti-Muslims. In Lucknow on 6th January, 1948, he pointed out that politicians call him an foe of Muslims, but he edeavoured to redress their grievances as far as possible. He did not like the Muslims ride on two horses and urged them to choose only one horse as well as they must prefer whether they were loyal to Pakistan or India.5 He stressed again and again that Muslims in India must live like Indians, both physically as well as mentally. Such a warning was necessary to realize that the Muslims must consider themselves as an integral part of the India; otherwise nation’s integrity would be threatened. Sardar Patel warned sternly and endeavoured to set up harmony between Hindus and Muslims to make them feel as an integral part and parcel of the nation which was a difficult and complex work.

Sardar Patel convinced the Anglo-Indians and Christians like the Muslims that they were also constituted a small unit of minority in the nation. Arnold. J. Toynbee opined that the survival of the Anglo Indians in India was a challenge. They faced external as well as internal

3The Statesman/dated October 1, 1947 (Press report) 4The Amrita Bazar Patrika/dt. 13-11 1947 - (press report) 5The Hindu, dated January 7/ 1948 (press report), (Sardar’s public speech in Lucknow on January 6, 1948

International Research Journal of Management Sociology & Humanity ( IRJMSH ) Page 37 www.irjmsh.com IRJMSH Vol 7 Issue 11 [Year 2016] ISSN 2277 – 9809 (0nline) 2348–9359 (Print) challenges from their early masters6 and their Indian counterparts respectively.7 The Anglo Indians felt insecure and unprotected in the absence of their English masters as well as they felt the imaginary fear that led to their large scale migration to England, Australia, and Canada after independence.8 They demanded special safeguards for protection of their interests when the constitution was drafted by the committee. Frank Anthony the met Sardar Patel, who was the leader of the Anglo-Indians and demanded for reservation of seats in the Assembly. Sardar Patel considered sympathetically and put the issue before the Advisory Committee. Govind Vallabh Pant was against the proposal and opposed sternly for reservation of seats for Anglo-Indians. However, Sardar Patel stood in favour of the Anglo-Indians and suggested that they deserved to be given special representation by nomination which was finally accepted by the Advisory Committee. Frank Anthony stated: “While I was battering for special representation for the Anglo-Indian community, especially because of the microscopic size of the community... ultimately Sardar intervened. He suggested that only the Anglo-Indians should be given representation by nomination. That was accepted by the Advisory Committee.”9 There was a lot of opposition for the demand of service quota for the Anglo-Indians and educational safeguards but Sardar Patel favoured them and referred the matter to a special sub-committee that agreed on special quotas in the services in some departments like the Railways, Post and Telegraph and Customs Department, he considered that the Anglo-Indians represented a microscopic group of people who were very intelligent and their ability as well as skill must be utilized for the nation development as he believed that they would work enthusiastically for the nation building without any discrimination. He opined that protection for only one community was not sufficient enough to forge all Communities together and he believed that all round development of the nation could be possible by the united hard work of all communities living in the country. He ensured all minorities were properly represented in the interim government when it was

6Coralie Younger, Anglo-Indians, neglected children of the Raj, p. 146 7 Noel Pitts Gist, ‘Cultural vs. social marginality: the Anglo-Indian case’, Phylon, vol. 28, pp. 261-275. 8QuentineAcharya, The Way We Were: Anglo-Indian Chronicles, p. 40. 9 Anthony Frank, Britains Betrayal in India, Allied Publishers, pvt. Ltd., New Delhi, 1961, p.180

International Research Journal of Management Sociology & Humanity ( IRJMSH ) Page 38 www.irjmsh.com IRJMSH Vol 7 Issue 11 [Year 2016] ISSN 2277 – 9809 (0nline) 2348–9359 (Print) constituted in 1946. He informed to Mr. Anthony thus: “We tried our best to accommodate all the minorities, including Anglo-Indian community, in the formation of the provisional national government… We pressed for increasing that number so as to enable us to accommodate representation for the Anglo-Indians, Parsis... We also pressed for more representation for the depressed classes... It was with great difficulty that we succeeded in getting the number increased to 14”.10

There was a unique feature of the Indian Constitution that it provides special safeguards and guaranteed to the minority people as this was not a new idea, but it had been introduced in the Government of India Act, 1935. The Cabinet Mission had also offered guarantees to the minorities as according to the Government of India Act 1935, the Governors were instructed in 1937 that they must ensure a due quota in appointments in the services from minority people. The Cabinet Mission desired to ensure an assertive safeguard for the minority communities as stated: “A provision should be made in the new constitution that any question raising a major communal issue in the legislature should require for its decision a majority of the representatives present and voting”.11 An Advisory Committee for Fundamental Rights and Minorities was constituted under the Chairmanship of Sardar Patel by the Constituent Assembly and a Sub- Committee on Minorities was also constituted that discussed favourably the several clauses for their rights whose recommendations were placed before the Constituent Assembly for consideration and after some modifications they were included in the . The special provisions related to the minority people are now found in Part XVI, Articles 330-342 of the Constitution and all credit only goes to Iron Man Sardar Patel for this inclusion of these Articles in the Constitution who observed that their problem was genuine as well as crucial. He took stern steps about the issues of minority communities as he was adamant not only by his sympathy and consideration for them, but also by his stern attitude and philosophy that special as well as safeguard to them would prove a historic step for construction a prosperous country. He observed that being microscopic these communities could never compete in any field on an equal platform with the other communities. Therefore, he desired to ensure that they must not lag

10Ibid., p. 185. 11 B. Shiva Rao B. (Ed). The Framing of India's Constitution.A Study. The Indian Institute of Public Administration, New Delhi, Vol-IV, 1968, p. 745

International Research Journal of Management Sociology & Humanity ( IRJMSH ) Page 39 www.irjmsh.com IRJMSH Vol 7 Issue 11 [Year 2016] ISSN 2277 – 9809 (0nline) 2348–9359 (Print) behind from the rest of the country in any field of their life. Sardar Patel handled the proposals of the minorities’ problems which were brought for consideration by the Constituent Assembly and favoured considerably. He presented the report of Advisory Committee to the Constituent Assembly on August 27, 1947 and stated some important points which were needed for consideration by the members were as follows:

(A) Sardar Patel advocated for the question of joint Vs separate electorateand emphasisedfor the elimination of separate electorates in favour of joint electorates, as he had some doubts that the system of separate electorates would disturb the national integration and he believed that it would endanger national integration. The minorities might be isolated from the national stream and deprive themselves of finding their opportunities to come up at par with other communities. The Advisory Committee debated on this issue and Mr. Pocker Sahib Bahadur proposed in the Constituent Assembly for an amendment that theremust be provision for separate electorate for Muslims.12 Sardar Patel expressed: “I appeal to you, let us at least on this side show that everything is forgotten and if we want to forget, then let us forget what has been done in the past and what is responsible for all that is happening today. Therefore, I can once more appeal to you to withdraw the amendment and let us pass this unanimously so that the world outside will also understand that we are united.”13His proposal for the joint electorate was accepted and the amended motion for separate electorate was dismissed.

(B) However, the unrestricted joint electorate system created apprehensions in their minds that might affect adversely their representation in the Assembly, they believed thatsome provision were necessary to remove this apprehension. Sardar Pateladvocated that these problems could be solved through reservation of seats in the Assembly for the minorities on the basis of their population as in the beginning, it would be for a period of ten years after which it would bereviewed. Sardar Patel also recommended that the members of a minority community which had reserved seats must be provided the right to contest unreserved seats as well but Seth Govind Das and R.V. Shulekar were against his proposal and proposed that the issue may be deferred till the next day for debateabout the pros and cons of this clause which was determined to have the motion passed immediately without opportunity further delay and stated: “…if our

12Constituent Assembly DebatesVol V; National Archives of India, New Delhi p. 224 13Constituent Assembly DebatesVol V; National Archives of India, New Delhi p. 226

International Research Journal of Management Sociology & Humanity ( IRJMSH ) Page 40 www.irjmsh.com IRJMSH Vol 7 Issue 11 [Year 2016] ISSN 2277 – 9809 (0nline) 2348–9359 (Print) friends desire to postpone this question, I must resist it on the ground that I see no advantage. We had two full debates, I have said that after the debates the resolution as is being moved was passed and no advantage is to be obtained by postponing this... I therefore move that this is accepted,”14 S.Nagappa and K.T.H, Ahmed Ibrahim also suggested that candidates from the reserved constituencies must get at least a minimum number of votes of his own communityand a candidate who failed to get it, but he was elected by the votes of other communities, he could not be claimed to represent the particular community.But Sardar Patel was sternly against this proposal and after a hotted discussion, the clause as suggested by him was accepted15 as his strong recommendation of reservation policyreveals his sympathy and love for minority people. He observed that only sympathy and special treatment alone could not ensure their protection and safeguard forever but depending on special privileges for minority people was thought to be of not beneficial to them. Such dependence would lower their status and lead them towards backwardness. He opined that it was pertinent tocreate an environment for the minorities, which would continuously make them capable to rise themselves to the level of the other communities. Sardar Patel considered that they could never achieve the status of equality with other communities unless they would stand on their own feet in future, therefore, he decided not to make permanent provision for reservation for minority people and he solved the problem of reservation for the minority people which was indeed worthy of praise. As D. Souza, S.J observed: “I am most happy once again to say that the way in which the feelings of the minorities have been interpreted in this matter by Sardar Patel have filled us with satisfaction and reassurance and our thanks are due to him As I said we Should all be happy if a day would come when reservation could be taken away”.16

(C) The Advisory Committee discussed on the issue of the representation of minority people in the Cabinet. Some members opined that minorities should have seats reserved for them in the cabinet, but Sardar Patel rejected this dangerous suggestion as he considered the interest of the nation as a whole was always much more important than any particular community. He desired to ensure that the interests of the minorities did not suffer as well as it might be practicable. He

14Constituent Assembly DebatesVol-V, Ibid., p. 232 15Ibid. 16Ibid.

International Research Journal of Management Sociology & Humanity ( IRJMSH ) Page 41 www.irjmsh.com IRJMSH Vol 7 Issue 11 [Year 2016] ISSN 2277 – 9809 (0nline) 2348–9359 (Print) opined that the Constitution should encourage the inclusion of members of minority communities in the Cabinet. It is clearly expressed stated in Clause 8 of the recommendation of the Advisory Committee that: “there shall be no statutory reservation of seats for the minorities in the Cabinet but a convention in the line of paragraph VII of the Instruments of Instructions issued to the Governor under the Government of India Act, 1935 shall be provided in the Schedule to the Constitution.”17

(D) The Advisory Committee clearly stated in Clauses 9 of the recommendation that there should be no reservation for the minorities in the Servicesbut Sardar Patel assured them for reservation at the time of recruitment: “the claims of the minorities shall be kept in view in making appointments to the services consistently with the consideration of the efficiency of administration”18 He further stated: “This Clause is framed with a view to see that the efficiency of administration is not affected. Keeping the point in view the states will also see that the minorities have due representation.”19

(E) Sardar Patel recommended certain clauses on fundamental rights like freedom of religion, cultural and educational rights, right to property and the right to constitutional remedies for the minorities as it was pertinent to set up administrative machinery to implement the special safeguards guaranteed in the Constitution. Therefore, Sardar Patel tried his best to ensure that the minorities were accorded full justice in all fields of national activities. Having a crystal clear mind, he felt that it was not proper to treat all minorities in the same manner, but some of them like Anglo-Indians deserved to treat special attention. Thus he classified the minorities into three groups: Group ‘A’ consisted population of less than half per cent. Group 'B’ consisted population of more than a half per cent, but not exceeding one per cent and Group ‘C’ consisted population exceeding one and a half per cent. The practical steps were taken to review their development and the implementation of the constitutional provisions for their protection.

Thus we observe that in spite of the different caste, creed and religion, Sardar Patel’s character has the testimony of endurance and uniformity of the population of the nation. He

17Constituent Assembly Debate Vol. V, p., 279. 18Rao, B. Shiva - Framing of India's Constitution,Vol-III,'Opp.Cit. p. 418. 19Constituent Assembly Debate - Vol - V. Opp. Cit. p. 278.

International Research Journal of Management Sociology & Humanity ( IRJMSH ) Page 42 www.irjmsh.com IRJMSH Vol 7 Issue 11 [Year 2016] ISSN 2277 – 9809 (0nline) 2348–9359 (Print) provided constitutional safeguards for the minorities, which proved a historic milestone in the national integration.20 He was in favour of theabolition ofthe distinction between caste and creed in the nation and the Sikhs,Muslims, Anglo-Indians and other minorities to be protected. He endeavoured for better living conditions for the minorities in the process of nation building.21 Thus, we may conclude that he lay down irrevocable protection to minorities through various constitutional provisions and they were given unprecedented recognition as well as elevated their status by incorporating them in the constitution of India.

20Basu, D.D, - Introduction to the Constitution of India.p. 344. Prentice - Hall of India Pvt, Itd,, New Delhi. 1978, 21Sardar’s speech dt. 26-5-49. Constituent Assembly Debate,Vol-V, p, 226.

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