Need of The Hour For Communal Representation: Chapter - Ii
Need of The Hour For Communal Representation: Chapter - Ii
In fact, the British attempts to go along with high castes long preceded its
educational efforts. As early as 1814 the Court of Directors had ordered exclusion
of Indian Christians, then mostly of the 'untouchables' castes, from certain offices
74
such as of 'munsiff', 'vakil', and law officer in Bengal Presidency,5 and also of
'sudder ameen' (civil judge), and cavalry in Madras Presidency.
But, it was one thing to reaffirm a principle and quite another to redeem it.
And there in were British dilemmas. It showed its inability to decide on an
application it received in 1833 from a Pariah boy. "The Board ... have not felt it
right to decide of themselves whether a person of this class shall be admitted as a
scholar, in consequence of the strong repugnance evinced by the native
headmasters to give instruction to Pariahs, and the knowledge that Hindus of caste
would consider their prejudices,7 interfered with, were Pariahs taught in the same
classes, with themselves.
75
occupy the highest and most lucrative posts in different administrative boards and
government offices, as well as in the judicial courts of the various districts. In fact
there is no branch themselves indispensable".8 As the European collector was
often overwhelmed with multifarious duties, it was the 'Sheristadar' who attended
to the onerous details of revenue collection and accounts, settling the annual
assessment and authorizing remissions. In the eyes of the rural community, the
Sheristadar was the 'real administrator' who controlled the sole channel of access
to the collector. As the chief executive officer of the Taluk containing a few
hundred villages, the Tahsildar discharged revenue, judicial, and police duties
under the supervision of the Collector.9 In the whole of Madras Presidency
Brahmins accounted for about ninety per cent of all the 'huzur' (chief)
Sheristadars, eighty-seven per cent of all the ‘Naib' deputy Sheristadars, seventy-
five per cent of all Tahsildars, and seventy-eight per cent of all these positions
taken together.10
Huzur Naib
Tahsildar Total
Caste/Community Sheristadar Sheristadar
8 Ibid., pp.290-291.
9 R. Suntharalingam, Politics and Nationalist Awakening in South India 1852-1896,
Delhi, 1972, p.50.
10 Ibid., p.51.
76
However, by this time the government itself realised the danger of its
exclusive reliance on Brahmins11 and began to check their monopoly in public
service and weaken their family connections, a vital link to such monopoly and
their established lines of patronage.
Curbs on Monopoly
The result was a Standing Order of the Board of Revenue: "Collectors
should be careful to see that the Board of Revenue dinate appointments in their
districts are not monoplised by the members of a few influential families.
Endeavour should always be made to divide the principal appointments in each
district among the several castes. A proportion of the Tahsildars in each district
should belong to castes other than Brahmin, and it should be a standing rule that
the two chief revenue servants in the collector's office should be of different
castes." In the following years the Board of Revenue reminded the Collectors of
this order which they also tried to enforce. Thus, in 1866-1867 the Tirunevelli
Collector reported that in that district the 'influences for evil' or the native officials
had grown far beyond his power to grapple with. The Board of Revenue ordered
the surrounding collectors to assist him by arranging for transfers, in this case, of
the Pillais, a non-Brahmin upper caste, with whom every office in the district was
"crowded".12
77
temptation to be at the heart the guardians of their own personal and family
interests in preference to those of the public".13
In 1890 while working out the Provincial Civil Service Scheme, the
Madras government modified free competition for post of deputy collectors for
enabling it to appoint one-third of the vacancies by selection from persons of
proved merit and ability.14 As this had no effects on the Brahmins, in 1896 it
limited appointment of deputy collectors by open competition to per year for
correcting their communal distribution.
The Civil Engineering College, the Medical College and the School of
Agriculture, are attracting to themselves Brahmin students in rapidly increasing
numbers whilst the growing partiality of BA students for the science course in an
indication of the same spirit. Sensing the strong nexus between English educations
and government employment, the PIR for 1888-1889 recorded the unequal
distribution of higher university education among the different section of the
population as certainly a matter for regret, and an anomaly which demanded the
13 Ibid.
14 R. Suntharalingam, op.cit.,p.125.
78
serious attention of all interested in the progress of the country. However, it was
only in the 1900s that action was initiated, that too in the College of Engineering,
Madras. Of the students admitted to this college about 92 percent in 1899, and 79
to 93 percent during 1900-1903 were Brahmins through their population in the
Presidency was only about 3 percent.
Other
Brahmin Muslims Christians Total
Year Hindus
No Percent No Percent No Percent No Percent No Percent
1899 11 91.7 - - - - 1 8.3 12 100.00
1900 11 78.6 1 7.1 - - 2 14.3 14 100.00
1901 13 86.7 - - 1 6.7 1 6.7 15 100.00
1902 13 86.7 1 6.7 - - 1 6.7 15 100.00
1903 14 93.3 - - - - 1 6.7 15 100.00
Total 63 87.3 2 2.8 1 1.4 6 8.4 71 100.00
Population 31.3 86.1 6.4 2.7 98.2
Note: Christian include European/Eurasians; population as per 1901 census.15
The college rules already had provisions for admitting four qualified
Europeans/Eurasians and three Muslims annually, even if they were not within the
first 15 qualified candidates. In view of the Brahmin preponderance, the DPI,
college principal, and the education department officials favoured reservation for
non-Brahmin castes as well.16 But, A.G. Cardew, education secretary, felt the
Brahmin preponderance was a case of the survival of the fittest, and that it was not
shown that Brahmin was less fit for engineer's duties than non-Brahmin Hindus,
while it was proved that he was more intelligent. He, therefore, wanted to see if
there was any sufficient reason for deliberately preferring the "less intelligent
class".
79
Responding to Cardew, the Coimbatore Collector credited the Brahmins
with more brains; The remaining officials were against Brahmin preponderance:
The Madurai Acting Collector expatiated that "an engineer has generally a lot of
camping and knocking about to do", that "though an Aiyangar will, as a rule,
adapt himself to this life, an Aiyar will not and tends sooner or later to get lazy",
and that "the non-Brahmin, though his brain work it worse, is generally better than
either at knocking about and handling coolies". The Thanjavur Acting Collector
complained that Brahmins constantly neglected their duties for performing
religious ceremonies. The Tiruchirappalli Collector conveyed that "in the event of
any underhand or dishonest practices obtaining among the Board of Revenue
dinates.... Brahmins form a clique which it is very difficult to break down", and
that "non-Brahmins and Mussalmans can be more easily found out, because they
have fewer friends and more enemies". Virtually all the officials consulted were
Europeans. As the most of them were for letting in other castes more freely, in
1903 the government enhanced the admissions to the college from 15 to 20 a year,
and ordered induction of not less than 25 per cent of the candidates from non-
Brahmin castes.17 Though Brahmin preponderance in higher education continued
even after this order, it was only since the late 1920s that the government made
many serious attempts to reduce it.
Restraints on Employment
It was, however, continuing with its efforts to curb Brahmin monopoly in
public service. Thus, in 1904 the Board of Revenue obtained from the collectors a
statement in the castes of all employees in superior service, that is, on monthly
salaries of Rs.15 and above, in the revenue offices in the districts. As the
Brahmin, non-Brahmin ratio was 70:30; it instructed the collectors to watch the
recruitment of non-Brahmins for ensuring fairer distribution of appointments.
That year in the uniformly introduced district establishment list of revenue
officials, the Board of Revenue provided a column to show the caste/sect of each
80
Board of Revenue denote for enabling the collectors to see how far the standing
order was enforced.18
18 G.O.Ms. No.792, (Revenue Department), 25th July 1904; 2491 (Revenue Department) 15th
August 1911.
19 G.O. Ms. No.2357, (Revenue Department), 16th July, 1910.
81
and the transfer of power from the hands in which it should lie to the hands of
inferior public servants.
Non-
Brahmins Muslims Christians Total
Brahmins
Department
No percent No Percent No Percent No Percent No percent
Revenue 4106 70.1 1324 22.6 214 3.7 213 3.6 5857 100.00
Salt, Abkari 613 56.8 284 26.3 45 4.2 138 12.8 1080 100.00
Public work 397 72.7 88 16. 1 1.5 81.5 53 9.7 546 100.00
Population 5734 68.7 1830 21.9 309 3.7 475 5.78 348 100.00
82
In the light of this preponderance the Board of Revenue again asked all the
departments to adhere to the standing order: In view of the difficulty in getting
qualified candidates, the chief presidency magistrate even proposed the creation of
a recruitment bureau for different grades and classes of appointments, though the
governments dropped it as unfeasible21. Following the Morley-Minto Reforms of
1909, the first major step towards lndianisation or the administration began in
1911. The government of India desired the provincial governments to secure in
their services adequate representation or the various classes in public service. In
that connection the Board of Revenue reported that it was scrutinizing the annual
lists of persons recommended by the Collectors for posts of Tahsildars and deputy
Tahsildars to check the preponderance of Brahmins by securing suitable non-
Brahmins from other districts if the district did not have a sufficient number of
them. It also mentioned that having found in 1910 that Brahmin preponderance
was marked in some districts, it informed the district authorities that it would
decline to place any more Brahmins on the list of such districts, unless the
Collectors had taken every possible means to find suitable non-Brahmins for
inclusion in the lists.
In a related G.O. it also declined to concur with the Board of Revenue that
"different sects of Brahmins may safely be regarded ... as constituting different
castes", and held that "in spite of the existence of rivalries ... there is reason to
believe that they will unite in their opposition to the preferment of men of other,
and in the Board of Revenue's view, lower castes". Therefore, it insisted on
83
maintaining as strictly as possible the rule that the men doing duty in the
appointments of Sheristadar and head clerk shall not be of the same caste.23
84
The education commission by exposing backwardness had observed that
"the most efficacious of all encouragements to the spread of education is that
supplied by the bestowal of public appointments upon educated candidates", and
that "unfortunately no level for raising education is less systematically applied".
This observation is also borne out by the statistics collected by the government in
1872, 1881, and 1886, in the context of Muslim employment. The representation
of non-Brahmin Hindus was only about 32 per cent in 1881, and had increased
only by 4 per cent since the preceding decade. Though by 1886 it had increased
considerably, it was mostly in posts on salaries of Rs.10 or less: In 1886 non-
Brahmin Hindus were 68.2 per cent of the total officials on salaries of Rs.10 or
less, and 33 per cent on salaries exceeding Rs.10. Reviewing the statistics in 1887
the Board of Revenue noted that in the disproportionate distribution of
employment non Brahmin Hindus were the worst sufferers."
85
One group, which has not figured in the discussion of non-Brahmin
Hindus, is the "depressed classes", comprising mostly the Panchamas and partly
the "hill tribes". Even as late as 1916, for a population of about 16.4 per cent their
representation was virtually nil in higher education, only less than 1 per cent in
secondary education, and about 8.8 per cent in primary education. With such
educational backwardness they could not have had any significant representation
in public service either. Nor could they have made any serious claim for such
representation, as they were fill-equipped to fill important government posts. That
probably explains the statistics on government employment.
Meanwhile, most of the petitions for inclusion in the backward classes list
for educational concessions, especially after the introduction of half-fee
concession in 1892 had also urged for representation in public service. More often
than not, the education department considered them favourably for inclusion in
the list.28 Their claims for representation in public service were, however,
overlooked. This could have been because either the petitions were not directly
for such representation, or the petitioners were not articulate enough as pressure
groups. However, this situation began to change since 1917 when a vocal and well
organized pressure group appeared on the scene. In understanding of this change
anticipates a close look at the non-Brahmin movement.
86
apprehension of corruption, nepotism, favouritism, administrative dominance of
the "influential class", and belated attempts to prevent such dominance of the
"alienated class" as injurious to the most vital interests of the empire. On the
moral side was seemingly abiding concern for rendering justice to the
disprivileged section of the society through attempts at communal representation
and reservations on the ground that they could not compete on equal terms with
the "influential class", and the related dilemma to strike a balance between equity
and efficiency.
As the imperatives were often incompatible with each other, they resulted
in contradictions. Examples are the failures of the administration to ensure its
professed neutrality principle because of its exclusion of the lower castes for fear
of alienating the "influential class"; to honour its policy of absolute impartiality
because of its special treatment of "the alienated class" for fear of its disaffection;
and to stick to its repeated assertions against communal representations because of
their ad hoc introduction as part of its patronage politics. The long interface of this
period between the colonial administration and the local society created in the
non-Brahmin segments an increasing awareness of the close nexus between
English education and government employment, their own dis-privileged position
in both compared to the Brahmins, and the role of British administration as a great
dispenser of patronage. The recurrent themes in such interface were inferior
versus superior races, backward versus forward races, administrative stability, and
distribution of government patronage. Each group was concerned with its own
claims and reference to others was not for any concern for overall social justice or
equality, but for only justifying its own claims. There was also no composite
category of non-Brahmins as used in the context of the subsequent non-Brahmin
movement.
While all groups were eager to have a share of the government patronage,
only one group was equipped itself for doing so through competition by mastering
English though this language was as alien to it as to all others. Other groups
merely sought protection. This was especially so in the case of Kamma1ar, who
87
for several centuries maintained a struggle for a higher place in the social scale
than allotted to them by the brahminical authority,29 though unlike the Brahmins
they hardly made any effort for competition for the material and socio-cultural
benefits under successive rulers.
88
the Justicites, welcomed this move and ensured active co-operation to the
Commission.34 The Congressites condemned this warm response given by the
Justice ministry headed by P. Subbarayan on the advice of E.V.Ramasamy.35. On
the other hand, the Congress, with political motivation, organized a hurtle on the
day of Commission's visit to Madras in order to express their resentment.36 The
Justice Party presented a memorandum demanding special and separate
electorates.
34 C.F. Andrews, India and the Simon Report, Delhi, 1930, p.22.
35 S. Muthusami Pillai, Neethikatchi Varalaru, (Tamil), Madras, 1985, p. 70.
36 T.A.V. Nathan, (ed.), Justice Year Book 1929, Section III, Madras, 1931, p.13.
37 Andhra Patrikan,17th August, 1932, M. N. N. R., 1932, p.733.
38 A.I.R., Vol.I, 1929, p.75.
39 Madras Legislative Council Proceedings, Vol. XL VI, 1929, p.633.
89
B.R.Ambedkar and R.Srinivasan who attended the Round Table
Conference as the representatives of the depressed classes of India objected to use
the term 'depressed classes as (degrading and contemptuous) and suggested terms
like Protestant Hindus and non-conformist Hindus.40 The British Government, in
course of time, discarded the use of such names as they evoked the sense of ill
feelings and humiliation.
During the survey of 1931 Census, the officials used nine criteria to
identify the untouchables. They were
1. Whether the caste or class in question can be served by clean Brahmins or
not, [at marriage and death ceremonies]
2. Whether the caste or class in question can be served by the barbers, water
carriers, tailors, etc., who serve the caste,
3. Whether the caste in question pollutes a high caste Hindu by contact or by
proximity,
4. Whether the caste or class in question is one from whose hands a caste
Hindu can take water, [not food]
5. Whether the caste or class in question is debarred from using public
conveniences such as roads, ferries, wells and schools,
6. Whether the caste or class in question is in debarred from the use of Hindu
temples,
90
7. Whether in ordinary social intercourse a well educated member of the
caste of class in question will be treated as an equal by high caste men of
the same educational qualification.
8. Whether the caste or class in question is merely depressed on account of
its own ignorance, illiteracy, poverty and but for that would be subjected
to no social disability.
9. Whether it is depressed on account of the occupation followed and
whether but for that occupation it would be subjected to no social
disability.44
In the light of the above facts, fifty million people were segregated as
untouchables in India. The term Scheduled Caste (SC) was officially adopted in
the Government of India Act of 1935.45 The term ‘SC’ is nowhere define in the
Constitution of India. The Indian Independence Act 1947, defined as: "The
Scheduled Castes mean such castes, the races or tribes or parts or groups, which
appear to the Governor General to correspond to the classes of persons formerly
known as the depressed classes as the Governor General may by order specify".46
44 Report of the Commissioner for SCs and STs for the Period Ending, 31 December,
1951, Simla, 1961, p.8.
45 V.R.Krishna Iyer. Dr.Ambedkar and The Dalit Future, Delhi, 1990, p.58.
46 Manju Kumar, The Social Equality. The Constitutional Experiment in India,
New Delhi, 1982, pp.142-143.
47 A.I.R, Vol. II, 1932, p. 229.
91
ultimate goal.48 E.V.Ramasamy and his companions in Tamilnadu propagated
proportional communal representation as a theme of central issue in their mission.
E.V.Ramasamy. by writing and delivering speeches rejected the Congress view
that the proportionate communal electorate would augment social disorder.49 On
the contrary, he spread the idea that it would strengthen communal harmony by
minimizing competition and antagonism among the various castes.
92
Communal Electorate in Tamilnadu
The Indian Central Committee, which was constituted to co-operate with
Simon Commission, entered into a general agreement and wanted to test the
principle of communal electorate to the depressed classes in the Madras
Presidency for a period of ten years. It considered them as educated, better
organised and altogether politically more advanced than in any other part of India.
M.C. Rajah, a member of Central Committee, however stressed that separate
electorate for ten years should not be furnished to Madras alone, but should be
applicable to all the provinces. On behalf of the Madras Provincial Depressed
Class Federation, R. Srinivasan expressed satisfaction with separate electorate as a
tentative and educative measure for ten years. However, he objected to the
possibilities of the depressed classes being represented by members of other
communities.54 He appreciated the idea of certification of candidates by the
governor testifying their qualification in education and experience for election to
the council.
93
was applied by Gandhi to denote the untouchable communities.57 For sometimes,
the term was popularly in vogue. Later, this was not liked by the untouchables.58
When the British Government extended concessions for their elevations, during
1930s,59 several castes applied for changing their names for achieving benefits.
94
privileges were stressed.68 He got the sympathy of the British during the first
session of the Round Table Conferences.69 B.R. Ambedkar claimed that as the
British Government has not done anything to remove untouchability it should
consider the views of the public.70 The Conference appointed nine sub-
committees to study the various problems for framing a new constitution for
India.
The Minorities Sub-committee was formed to consider the claims of
various non-Brahmin groups. It was to consist of 39 members with Prime Minister
Ramsay MacDonald as its Chairman.71 They demanded that arrangements should
be made for communal representation and for fixed proportion of seats. There
were only three methods to secure such a representation in one way or the other
(1) nomination (2) joint electorates with reservation of seats, and (3) separate
electorate.
95
their demands were met in a reasonable manner.74 So, the same problem ended
with same fate. In another dimension, Ambedkar claimed that the depressed
classes should be given equal treatment for electoral purposes as a separate group
from the general Hindu population.75 So, the Minorities Sub-committee failed to
arrive at a solution. The Prime Minister adjourned the Conference on 19 January,
1931.
The Hindus thought that the minor issue should not stand in the way of
Congress representation at the Round Table Conferences.76 When Gandhi-Irwin
Pact was signed on 5 March 1931,77 Gandhi agreed to take part in the second
session of the Round Table Conferences in London. During the second session of
the Conference Gandhi held series of informal meetings and no agreed solution
was found.78 He advocated that without touching the communal problem, the
Constitution should be framed. Tension arose between the groups. The leading
representatives of the Muslims, the depressed classes, the Indian Christians, the
Anglo-Indians and the resident British community as a counter action to the
congress proposal, demanded separate electorates.79 Without arriving a solution to
the communal problem, the second session came to an end on 1 December, 1931.
74 T.B. Wilkinson, & Thomas, (eds.), Ambedkar and the Neo-Buddhist Movement, Madras,
1972, p.39.
75 Anil Chandra Banerjee, op.cit., p.101
76 F.N.R., 18 August, 1931, p.2.
77 P. Ramamurti, The Freedom Struggle and the Dravidian Movement, Madras,
1987, p.42.
78 F.N.R., 2 May, 1931, p.2.
79 R. Coupland, The Constitutional Problem in India, Bombay, 1944, p.23.
80 Yogendra Makwana, Dr. Dabasaheb Ambedkar - A Crusader Ambedkar and Social
Justice, Vol.I, New Delhi, 1992, p.52.
96
the Hindus as a whole. Therefore, he informed the British Government that if they
announced the separate electorate, he had no other go except committing “fast
unto death ... ".81
97
untouchables and to be filled by the untouchables86 and a double vote, one to be
used through separate electorate and the other to be used in general electorate.
98
solved in India itself.90 This became a great shock throughout the country.
Everybody desired to save Gandhi's life. British Government was firm in its
decision and made it clear that they would not withdraw it or alter it unless the
caste Hindus and the depressed classes reached an agreement. B.R.Ambedkar was
on the other hand firm in his decision for the rights of the untouchables.91
99
untouchables. Gandhi told the British Government that if separate electorates for
the depressed classes were not withdrawn, he would fast unto death. The British
made it clear that they would not withdraw them or alter them of their own, but
that they were ready to substitute them by a formula that might be agreed to by the
caste-Hindus and the untouchables.
Gandhi began his fast unto death on September 20, 1932 and Ambedkar
was in a dilemma. Then he decided to save Gandhi's life by agreeing to alter the
Communal Award in a manner satisfactory to the latter. The modified version of
the Communal Award is known as the Poona Pact. The Poona Pact is an
important historic agreement, which was signed on September 24, 1932 between
the non Harijan Hindu leaders and Dr. B. R. Ambedkar in the Yeravada jail. The
main reason for the agreement was to suppress the Communal Award announced
by the British Government under the Prime Ministership of Ramsay MacDonald
and to save the life of Mahatma Gandhi who undertook a fast unto death against
the political rights granted to the untouchables in the Communal Award.
Dr. Ambedkar was not in favour of any agreement but he had to yield to the
preseure of the Congress leaders to save Gandhi's life.
100
Poona Pact (1932)
Gandhi’s protest led to the negotiations between the representative of the
caste Hindus and the depressed classes.95 Different leaders assembled at the
Central Prison Yerawada to find out a solution to this burning problem of the
nation.96 On 25 September, 1932 an agreement was signed between the depressed
classes and the caste Hindus in the name of “Poona Pact”.97
101
(4) The individual qualifications varied according to the circumstances of the
different provinces.
It paved the way for the formation of the future Indian Constitution based
on the form of federation. Both the Houses of Parliament were invited to set up a
Joint Select Committee to consider those proposals in consultation with Indian
representatives and to make report on them.101 After that, the British Government
would be requested to introduce a Bill embodying their own final plans.
Generally, demands were raised the more representation of the non Brahmins in
the educational institutions and employment opportunities. When the non-
Brahmins got educated they demanded their chances in all the fields.
E.V.Ramasamy advocated that if the fixed minimum qualification would be
possessed by a downtrodden candidate, he should be given the job opportunity.102
According to him, the community, which had low representation in the
Government services should be treated as the minorities. So, they should be given
statutory recognition, protection and safeguards.103 He stressed that for getting
more opportunities in the public services, special concessions should be extended
to them.
102
In the Legislative Assembly, the Government of India reviewed the
reservation scheme followed since 1925 which failed in its objective. The Poona
Pact promised due share of the depressed classes in the public services.
Accordingly, a resolution was passed by the Government of India in 1934 to
secure reasonable representation of Muslims, Anglo-Indians and Domiciled
Europeans, Depressed Classes and other minority communities. The following
rules were prescribed to follow for making the recruitment of Indian Civil
Services and the Central and Board of Revenue dinate Services.
(i) 25 per cent of vacancies were reserved for Muslims in direct recruitment
and 8.33 per cent for other minority communities.
(ii) The recruitment was made by open competition method. If Muslims or the
other minority communities obtained less than the prescribed percentage,
they would be selected by nomination. On the contrary, if they would have
been secured more than the prescribed percentage of representation, no
reduction would be made in the percentage fixed for other minority
communities.
(iii) If qualified candidates were not available even for nomination among the
minority groups, the residue of the fixed minority percentage Muslims
were entitled to use it.
(iv) In the fixed percentage for minorities, there was no fixed proportion
among them.
(v) Minimum eligible qualifications would be imposed for enjoying these
reserved vacancies.
(vi) In order to secure fair representation of the Muslims and minorities,
nomination was being made. Such nominated members would not count
against the reserved percentages as per the above mentioned quota.
103
Certain modifications were made for recruitment which was made by local
areas and not on an All-India basis. For example, Board of Revenue denote posts
in the Railways, Post and Telegraph Departments, Customs Service, Income Tax
Department etc., for the Anglo-Indians and Domiciled Europeans
8.33 per cent of the vacancies were reserved for them. Other than the Muslims and
the Anglo-Indians 6 per cent of seats were reserved to safeguard the interest of
minorities. It would be made by direct recruitment.104 Anglo-Indians were
preferably appointed in the Appraising Department and in the Superior Preventive
Service at the major posts, which required technical qualifications.
Method of Election
Voting was made with the principle of proportional representation by
means of the single transferable vote.105 Certain provisions were adopted for
filling the seats by the representatives of commerce and industry, landholders,
labour and similar to that the general seats.The Act of 1935 provided a bi-cameral
system of Legislature. The number of members in the Legislative Assembly was
increased from 98 to 215.106 Thirty seats were reserved for the SCs in the general
Hindu Constituencies. It was the first time; the SCs were classified on the basis of
untouchability.107 Further, separate representation was given to the Muslims, the
Sikhs, the Anglo-Indians, the Europeans and the Indian-Christians. Again, seats
104
were reserved for commerce, industry, mining, and plantations, among
landholders, labour and universities. It was again for the first time, seats were
reserved exclusively for women hailing from the Hindu, the Muslim, the Sikh, the
Anglo-Indian and the Indian Christian communities.108 The other reservation
included one for backward areas and tribes, 28 for the Muslims, 2 for the Anglo-
Indians, 3 for the Europeans, 8 for the Indian Christians, 6 for the representatives
of Commerce and Industry, 6 for the landholders, one for the University, 6 for
labour and 8 for women of whom 6 were general constituencies.109
The Legislative Council was to consist of not less than 54 and not more
than 56 members consisted of 35 general seats, 7 seats for Muslim one for
European, 3 for Indian Christians and not less than 8 and not more than 10
nominated members by the Governor.110 Franchise for women were given on the
basis of property qualification. Voting right was also given to wives of deceased
landholders or wives of armed personnel or pensioned widows. The Government
of India Act of 1935 provided special consideration for SCs by relaxing the age
from 25 to 27 for admitting them to public services. At the beginning, it was
confined to only subordinate Services,111 but later on it was extended to the State
Medical Services increasing the age limit to 35 years.
105
all over the country including the Madras Presidency.114 The Congress Party got
majority victory. The following table will show it clearly.
Muslim League
Peoples Party
Justice Party
Independent
Progressive
Total Seats
Congress
Muslim
Party
Constituency
Indian Chamber of
Commerce 1 - - - - - 1
Nattukkottai
Nagarathars 1 - 1 - - - -
Landlords 6 - 3 1 - - 2
Labour 6 6 - - - - -
University 1 1 - - - - -
Backward Tribes 1 1 - - - - -
Total 215 159 21 1 9 1 24
106
The Communal G.O.s, which were passed during the first Justice Ministry
did not grant due share to the depressed classes: The main objective of the Justice
Party was to capture power from the hands of the Brahmins. After assuming
office, they never shared power with the other sections and failed to fulfill the
needs of the masses. They failed to promote social changes. They showed little
interest in the social reform works. The Justice Party lacked the dynamic
leadership and well established organisation. The Justice Party was not able to
compete with the other two national level parties. Depressed people considered
that the Brahmin dominated Congress Party was better than the Justice Party.
Hence, the party got strengthened.116 The Justice Party failed to get the support of
the Muslims.117 Further, disunity and disaffection among the justices brought
disintegration in promulgating the policies of the party. This led to the defeat of
the party.118 Rajas and Zamindars, who led the party, were not able to hold
together the masses for long.119 A few castes which were traditionally dominant in
several localities, dominated the party.
107
communal consideration. So, the rule of communal rotation would be applied to
initial recruitment.
Since, the depressed classes, who met many difficulties in the socio
economic fronts, were ear-marked as 'others' for utilizing the reserved
opportunities. So, the other classes were grouped with non-Brahmin Hindus for
the purpose.122 The scheme of communal representation put into effect the method
of communal rotation and the method of communal proportion. By the roster
system, adequate representation of all communities could be made in the public
service offices. Since 1935, statutory recognition was given to the SCs, the
Government granted concessions liberally to these classes.123 In 1936, the age
relaxation was extended to 35 for them in the State Medical Service, while it was
provided 30 years for others.
122 Idem.
123 G.O.Ms. No.1077, (Public (Services) Department), 15th June, 1936.
124 V. Anaimuthu, Amend the Constitution Guaranteeing Proportional Reservation to all
Segments, Madras, 1993, p.5.
108
and the SCs. For Madras Ministerial Services 27 was fixed for the
Mohammedans, the SCs, the Anglo-Indians, the Christians and the
non-Asiatic. For the Madras Secretariat Services, 27 were fixed for the SCs.125
It was prescribed that for the post of Provincial Service, each applicant had
to pay Rs.15/-, for the subordinate Services, Rs.10/- for any post. The maximum
application fee was Rs.50/- and the minimum Rs.5/-.126 The Government of
Madras proclaimed that the SCs were exempted from paying the application fee,
on the condition that they should be obtained intermediate course or a degree in
Arts of the University of Madras or of the Andhra or Annamalai University. This
concession would be in force for a period of three years from first January,
1939.127 Age relaxation was made to help the SCs to make use of the chances
provided in the communal representation and came over the age old difficulties.128
109
The Cripps Proposal recommended certain number of members from all
communal interest groups. The following table will show the membership
prescribed by the two committees.132
Table No. 7: Number of Representatives in the Constituent Assembly
The Government encouraged the SCs by giving them age concessions and
reduction of prescribed fee. It also fixed the number of reserved seats hoping that
to stimulate by obtaining better qualifications. The Government allotted
8.33 per cent of vacancies in 1943 to the SCs through direct recruitment on All
India basis whereas; their population was 12.5 per cent. If they did not obtain their
110
due share in the open competition they would be nominated to fill their vacancies.
Even if there was no qualified candidate for nomination, the vacancies reserved
for such candidates would be treated as unreserved.134 Three years age relaxation
was given to SC candidates. These rules were applied to the temporary vacancies
also.
(c) The members should be elected by the provincial assemblies on the basis
of communal electorates.
The Cabinet Mission Plan decided that the Constituent Assembly was to
be elected indirectly by the Provincial Legislatures. Madras Province came under
the group A states. Each province was allotted seats on the basis of the population
and distributed among the three communities namely the Muslims, the Sikhs and
general including the Hindus and all others to their proportion in the total
population. It advocated indirect elections by the Provincial Legislative
Assemblies. Members were to be elected by the representatives of each
community in their respective legislative assemblies. 296 members were to be
elected from the Provinces by the various communities as mentioned below:
111
Hindus - 163
Muslims - 80
Anglo-Indians - 3
Indian Christians - 6
Paresis - 3
Sikhs - 4
SCs - 31
Backward Tribes - 6
---------------------
Total 296
--------------------
After the election, the Constituent Assembly was formed. In the first
meeting of the Constituent Assembly out of the 296 members, 210 attended the
meeting in the preliminary session. Among them, the Hindus constituted 155
members, 30 SC representatives and 14 Muslim representatives attended the
sessions.
Under the 3 June, 1947 plan: due to the proposal of the partition of the
country the membership was reduced to 324, of which 235 represented the
Provinces and 89 the Indian States. Hyderabad State did not send its reserved
seats of 16 representatives to the Constituent Assembly at any stage. So, out of the
remaining 308 seats 277 put their signatures on 26 November, 1949, declaring
that it was the final draft. The minority communities were given seats as given
below:
Muslims - 36
Sikhs - 6
Anglo-Indians - 3
Parsis - 3
Christians - 6
-----------------
Total 54
-----------------
135 The Muslim League first accepted the Cabinet Mission Plan, later rejected it on 29 June
1946. It wanted to observe "Direct Action Day" on 16 August 1946. So, Lord Mountbatten
was sent to replace Lord Wavell to tackle the Hindu - Muslim problem. He proposed a plan
on 3 June, 1947. It envisaged the division of India into two, India and Pakistan respectively.
It was materialized by enacting the Indian Independence Act of 1946.
112
Communal Representation in 1940s and the 1947 Communal G.O. in the
Madras Presidency
T.Prakasam, the Chief Minister of the Madras Presidency (1946-47),
vehemently opposed the Communal G.O. and stood for efficiency and
20 per cent of seats in educational institutions and government jobs for "open
competition" and this 20 per cent was filled up by the Brahmins. Hence, most of
the seats in the medical and engineering colleges were occupied by the Brahmin
Communal G.O.136 Though, the Congress Party did not support the scheme of
reservation and the Communal G.O., it took interest in allotting more number of
seats for Depressed Classes. It believed that Communal G.O., differentiates the
people of India into various caste groups and thereby causes the decline of
untouchability and uplift the Harijans, the Congress Government took efforts to
113
No. of vacancies
reserved
Brahmins : 14% 2
Hindu Non-Brahmins (Forward) : 44% 6
Hindu Non-Brahmins (Backward) : 14% 2
Mohammedans : 7% 1
Indian Christians & Anglo-Indians : 7% 1
Scheduled Castes : 14% 2
---------- -------------
100 14
---------- -------------
This G.O. which continued up to 1950 was revised. The 1947 Communal
G.O. was a significant one, because, for the first time the non-Brahmin Hindu
category was divided into two, non-Brahmin Hindus and non-Brahmin Backward
Hindus. The bifurcation was made on the basis of the existing caste lists for
educational purposes. The category non-Brahmin Hindu was consisted of the
forward Vellala, Naidu, Chettiar, Reddy, etc. No resentment arose against this
bifurcation.141 After 1947, 20 point roster system replaced the 14 point roster
system. By the 1947 Communal G.O., the Government recognized 'BCs' as a
category,142 eligible for separate turns in the order of communal rotation for
recruitment to public services.
114
TABLE No. 8: Demand for increasing percentage of Reservation
Gazetted in Non-Gazetted Above Rs.35/-
Less than
Year Provincial over and below
Rs.35/-
Services Rs.100/- p.m. 100/- p.m
After Indian Independence the communal rules were revised and the
reservation of communities other than the SCs should be withdrawn. For the SCs,
the then existing reservation of 12.5 per cent continued. In the case of recruitment
by open competition, it was laid down that 16.66 per cent of the vacancies should
be reserved for members of the SCs. For the Muslims 13.5 per cent and for other
communities 10 per cent of reserved seats were continued. Reservations for SCs
were made on the basis of the 1941 Census.144 In 1947, the Government of India
also considered the question of tribal recruitment. Since, they were too backward,
reservations of seats were not made for them in Central Government Services.
However, instructions were issued for appointing authorities to recruit suitable
candidates if available from the tribal communities.145 In 1949, further orders
were issued to give age and fee concessions for the Tribal and for the SCs.
144 Report of the Commissioner for SCs/STs for the period ending, 31 December, 1951,
Simla, 1961, pp.23-24.
145 Ibid., p.24
115