CONSTITUENT ASSEMBLY IS SILENT ON THE ASPECT OF PARTITION OF INDIA AND ITS

IMPLICATIONS

When Britain relinquished control of its Indian Colony in 1947, it divided the territory into three
regions separated by international borders, resulting in one of the largest and most rapid migrations
in human history. The division of British India has had a significant impact on the economic and
geopolitical well-being of South Asia. A Cabinet Mission was dispatched to India in early 1946. Commented [G1]: Inserted: nt

An act of parliament proposed June 1948 as the deadline for the transfer of power, but the Mission Commented [G2]: Inserted: signific
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failed to secure agreement over its proposed constitutional scheme, which recommended a loose
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federation; the idea was rejected by both Congress and the Muslim League, which vowed to agitate
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for Pakistan by any means possible.
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Under the Cabinet Mission plan, the Constituent Assembly was to be indirectly elected by the
system of proportional representation from the provincial legislature which themselves had been
elected on a restricted franchise consisting of about 20 to 24 percent of the adult population.
Initially, the assembly was intended to be a constitution making the body for the whole sub-
continent. But the Indian Independence Act of 1947 partitioned India and set up two independent
states of India and Pakistan. After the partition, the Assembly was also divided into two. It is to be
noted, that even before the partition Muslim League boycotted the Assembly. Members
representing the areas, not included in Pakistan formed the Constituent Assembly of India. This
Assembly became a statutory sovereign body with plenary powers to draw a constitution as it
thought fit, proper and suitable to the genius of people of India Commented [G7]: Inserted: the
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The formation of the Indian Constituent Assembly lay with the Cabinet Mission plan. As soon as
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the scheme was made public on May 16, 1946, a fierce controversy ensued between the Indian Commented [G10]: Deleted:Or
National Congress and Muslim League over the real nature of the proposals. While the Congress Commented [G11]: Deleted:g

regarded the Constituent Assembly to be a sovereign body, the Muslim did not agree to the idea. Commented [G12]: Deleted:n

After a lot of tussle and negotiations, both Congress and Muslim League approved the proposals Commented [G13]: Inserted: ed
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resulting in the elections of the Constituent Assembly. The Constituent Assembly was to be
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indirectly elected by a system of proportional representation from the provincial legislatures. The
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provinces were to be represented in the Assembly in the approximate ratio of one to one million Commented [G29]: Deleted:plan
of their population. Allocation of the seats within the provinces was to be divided between the Commented [G30]: Deleted:gave
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central communities in proportion to their population. The princely states were to have 93
representatives, but the method of selecting these representatives was left to the consultation
between the Assembly and the state's rules. Commented [G17]: Inserted: '
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The main reason why Constituent Assembly was silent on the aspect of partition of India was due
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to the demands raised by Jinnah to separate Indian Muslims. He said that only 25 percent of Commented [G18]: Inserted: t
population are Indian Muslims and their condition was economically and educationally depressed. Commented [G19]: Inserted: as

They would be relegated to occupy only low-level positions; they would not be able to acquire the Commented [G22]: Deleted:ere

skills required to be in the proper position and soon they will be oppressed and considered as
minority. So, Jinnah demanded to separate Indian Muslims and form independent country where
Muslims will have greater representation because of which the Constituent Assembly denied for
the majority seats and then remained in silent which out broke the civil war and eventually there
was division between India and Pakistan. Commented [G20]: Inserted: A
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