Unit 10

Part 5 (C): Debate over Post CDM Strategy and 1935 Act

Post CDM..

Debates on the Future Strategy after Civil Disobedience Movement

Following the withdrawal of the Civil Disobedience Movement, there was a two-stage debate on
the future strategy of the nationalists:
• The first stage was on what course the national movement should take in the immediate
future, i.e., during the phase of non-mass struggle (1934–35);
• The second stage, in 1937, considered the question of office acceptance in the context of
provincial elections held under the autonomy provisions of the Government of India Act,
1935.

The First Stage Debate

Three perspectives were put forward on what the nationalists should work on immediately
after the end of the Civil Disobedience Movement.
The three perspectives were as follows:
Traditional responses
1) There should be constructive work on Gandhian lines.
2) There should be a constitutional struggle and participation in elections to the Central
Legislature (due in 1934) as advocated by M.A. Ansari, Asaf Ali, Bhulabhai Desai, S.
Satyamurthy, and B.C. Roy among others. They argued that:
• Elections and council work could be utilised to keep up the political interest and
morale of the people;
• Participation in elections and council work did not amount to faith in constitutional
politics;
• Another political front would help build up Congress and prepare the masses for the
next phase;
3) The rise of a strong leftist trend within the Congress: A strong leftist trend within the
Congress, represented by JL Nehru, was critical of both constructive work and council
entry in place of the suspended civil disobedience movement as that would sidetrack
political mass action and divert attention from the main issue of the struggle against
colonialism. Instead, this section favoured resumption and continuation of non-
constitutionalist mass struggle because the situation was still revolutionary owing to
continued economic crisis and the readiness of the masses to fight.
Nehru’s Vision
• Nehru said, “The basic goal before Indian people as before people of the world is abolition
of capitalism and establishment of socialism.”
• He considered the withdrawal of the Civil Disobedience Movement and council entry “a
spiritual defeat”, “a surrender of ideals”, and “a retreat from revolutionary to reformist
mentality”.
• He suggested that the vested interests be revised in favour of the masses by taking up the
economic and class demands of peasants and workers, and landlords and capitalists,
organising masses in their class organisations kisan sabhas and trade unions.
• He argued that these class organisations should be allowed to affiliate with the Congress,
thus influencing its policies and activities.
• There could be no genuine anti-imperialist struggle, he said, without incorporating the
class struggle of the masses.

Nehru’s Opposition to Struggle-Truce-Struggle Strategy

• A large number of Congressmen led by Gandhi believed that the truce period, would enable
the masses to recoup their strength to fight and also give the government a chance to
respond to the demands of the nationalists.
• The masses could not go on sacrificing indefinitely. If the government did not respond
positively, the movement could be resumed again with the participation of the masses. This
was the struggle-truce-struggle or S-T-S strategy.
• Criticising the S-T-S strategy, Nehru argued that the Indian national movement had reached
a stage, after the Lahore Congress call for purna swaraj programme, in which there
should be a continuous confrontation and conflict with imperialism till it was
overthrown. He advocated maintenance of a “continuous direct action” policy, against an
S-T-S strategy, he suggested a Struggle-Victory (S-V) strategy.

Finally, Yes to Council Entry

• In May 1934, the All India Congress Committee (AICC) met at Patna to set up a
Parliamentary Board to fight elections under the aegis of the Congress itself.
• Gandhi was aware that he was out of tune with powerful trends in the Congress. A large
section of the intelligentsia favoured parliamentary politics with which he was in
fundamental disagreement.
• The socialists led by Nehru also had differences with Gandhi. In October 1934, Gandhi
announced his resignation from the Congress to serve it better in thought, word, and
deed.
• In the elections to the Central Legislative Assembly held in November 1934, the Congress
captured 45 out of 75 seats reserved for Indians.
• Amidst the struggle of 1932, the Third RTC was held in November, again without Congress
participation. The discussions led to the formulation of the Act of 1935.

The Government of India Act of 1935

• The Government of India Act 1935 was based on the White Paper on Indian Constitution
prepared by the British Government after the Third Round Table Conference. Falling short
of complete independence, the White Paper was criticised by all Indian parties.
• However, under the supervision of Samuel Hoare, the Secretary of State for India, the
proposed reforms took the form of Government of India Act 1935.
• It contained four major provisions—
o All India Federation,
o Provincial Autonomy,
o dyarchy at the centre and
o Safeguards which vested special powers in the central and provincial executive.
• The Act was a bulky and elaborate document as it dealt with a highly-complicated type of
federal constitution and provided legal safeguards against misbehaviour of Indian ministers
and legislators.
• The basic conception of the Act Of 1935 was that the government of India was the
government of the Crown, conducted by authorities deriving functions directly from the
Crown.
Sources of the Act
The principle sources of the Act included the following:
• The Simon Commission Report
• The Report of All Parties Conference (Nehru Report)
• Discussions at the three Round Table Conferences
• The White Paper
• The Joint Select Committee Report
• 'The Lothian Report which determined the electoral provisions of the Act

Main Provisions Regarding the Provincial Part

• Provincial Autonomy- It meant that all provincial departments would be controlled by
elected members. For the first time, the Act recognized provinces as separate legal entity,
free from the direction and control of the GOI and the Secretary Of State except for specific
purposes. The provinces derived their power and authority directly from the British Crown.
• Abolition of dyarchy in provinces-It also meant that dyarchy in the provinces was
abolished and replaced by provincial autonomy. The distinction between Reserved and
Transferred subjects was abolished and full responsible government was established
subject to certain safeguards.
• Provincial legislatures were further expanded- Bicameral legislature was introduced in
6 provinces—Bengal, Madras, Bombay, United Provinces, Bihar and Assam.
• Creation of new provinces-New provinces of Sind and Orissa were created. In this way, the
Act provided for the establishment of in all II provinces including Sind and Orissa.
• Franchise- Franchise was lowered, though it still remained tied to property qualifications.
• Communal Electorates- Unfortunately, the principle of communal electorates and
weightage were further extended.
• Special powers Of Governors- The Act gave arbitrary powers (under the phraseology of
'safeguards and special responsibilities') to the Governor to act on his discretion' in matters
like summoning of the Legislature, appointment of Ministers, giving or withholding his
assent to bills. The Governors were also invested with special executive powers in matters
concerning law and order and interests of minorities, backward classes, Indian princes and
British commercial interests. The Governors could also issue ordinances or enact Governor's
Acts.

Main Provisions Regarding the Federal Part

• Proposal for an All India Federation - 'The Act prescribed federal structure for the
Government of India. It was to comprise of provinces (Governors' and Chief Commissioners'
provinces) and Indian Princely States with federal central and provincial legislatures.
• For the Princely States, accession to Federation was voluntary and Federation could not be
formed unless two conditions were met-
o States entitled to at least half of the seats (i.e. 52 seats) allotted to the states in the
proposed Council of States should agree to join the federation.
o The aggregate population of states in the above category should be at least 50 per cent
of the total population of all Indian states.
(Since the above conditions were not met, the proposed federation never came up. 'The Central
government carried on up to 1946 as per the provisions of the Government of Indian Act 1919).
• Dyarchy at the centre- Dyarchy abolished in the provinces was proposed for the Centre.
Reserved departments under the Governor General included Defence, Foreign Affairs,
Ecclesiastical Affairs and Excluded and Partially Excluded Areas (tribal areas) to be
administered by the GG through Counsellors appointed by him and responsible only to him.
Transferred departments, subjected to safeguards, were to be administered by the GG on
the advice of popular ministers answerable to the federal legislature.
• Bicameral Central legislature (Federal Legislature)-The Central Legislature was to
consist of His Majesty represented by the GG and two houses—the Council of State and the
Federal Assembly. (Both Houses were to comprise of representatives from both the British
India as well as the Indian States. While the representatives from British India were to be
elected by the people, those of the States were to be nominated by the rulers. The States
were also given disproportionate weightage; In short, the States were expected to act as
checks upon the nationalists).
o The Council Of States (or the Upper House) was to have a maximum Of 260
members— consisting of 156 members from British India and 104 members from the
Indian States, to be nominated by the rulers concerned. It was to be a permanent body
with one-third of its members being vacated and renewed triennially.
o The Federal Assembly (or the Lower House) was to have maximum Of 375
members consisting Of 250 members from British India and 125 from the Indian
States. The Assembly's tenure was normally for a period of 5 years.
• Other Federal Institutions- the Act laid down the setting up of a Federal Bank (Reserve
Bank of India) and a Federal Court established in 1935 and 1937 respectively. The Act of
1935 vested the control of Railway in a new authority called Federal Railway Authority, free
from control of ministers and councillors. The authority comprised seven members who
reported directly to the Governor-General, thus assuring the British Stakeholders of the
railways that their investment was safe.
• Extension of Separate Electorates-Separate electorates and the system of weightage were
further extended to include not only General (Hindus and Scheduled Castes), Muslims, Sikhs,
Europeans, Indian Christians and Anglo Indian electorates but also women (General), Sikh
women in Punjab, Mohammedan women, Indian Christian women in Madras, Anglo Indian
women in Bengal besides electorates for Commerce and Industry, Landlords, labour,
University, Backward areas and tribes, etc.
• Abolition of Indian Council-The Act abolished the India Council of the Secretary of State
(established by the GOI of 1858) on account of much agitation in India against its anti-lndia
policies. The Secretary of State was now given advisers who might or might not be
consulted, except in respect to the Services.

CRITICISMS OF THE ACT OF 1935

• Dominion Status was not introduced by the Act of 1935. Thus, the Act was meant for the
transition period from responsible government to complete independence, with the
transition period not defined.
• Dyarchy at the centre meant fully responsible government at the centre was not
introduced.
• The representatives of the States to the federal legislature were to be appointed directly
by the Princes (and were to be used to check the nationalists).
• Franchise still remained tied to property qualifications. Though the number of voters
increased from 5 million (in 1919) to 30 million (in 1935), yet the franchise was limited to
only one-sixth of the adults. Only 14 per cent of the total population in British India was
given the right to vote.
• The vicious system of communal and caste electorates was further extended.
• The special powers of the Governor ensured that both political and economic power
remained concentrated in British hands.
• India's constitutional status as a dependency did not improve as the Federation of India was
not intended to be a sovereign legislature. It could not amend the Indian constitution and
the right remained with the British Parliament.
• The Secretary of State retained control over various All India Services.
Nationalists' Response
• The 1935 Act was condemned by nearly all sections and unanimously rejected by the
Congress.
o the Hindu Mahasabha and the National Liberal Foundation, however, declared them in
favour of the working of the 1935 Act in the central as well as at the provincial level.
• The Congress demanded, instead, the convening of a Constituent Assembly elected on the
basis of adult franchise to frame a constitution for independent India.
The Second Stage Debate
• In early 1937, elections to provincial assemblies were announced, and, once again, the
debate on the future strategy to be adopted by the nationalists began.
• Everyone in the Congress agreed that the 1935 Act was to be opposed root and branch,
but it was not clear how it was to be done in a period when a mass movement was not yet
possible.
• There was full agreement that the Congress should fight these elections on the basis of
a detailed political and economic programme, thus deepening the anti-imperialist
consciousness of the people.
• But what to do after the elections was not yet clear. If the Congress got majority in a
province, was it to agree to form a government?
There were sharp differences over these questions among the nationalists. The two sides of the
debate soon got identified with the emerging ideological divide along the left and right lines.

Divided Opinion
• Jawaharlal Nehru, Subhash Bose, and Congress socialists and communists were
opposed to office acceptance and thereby in the working of the 1935 Act because they
argued that
o it would negate the rejection of the act by the nationalists. It would be like assuming
responsibility without power.
o it would take away the revolutionary character of the movement
o Constitutional work would side track the main issues of freedom, economic and social
justice, and removal of poverty.
• As a counter-strategy, the leftists proposed entry into the councils with an aim to create
deadlocks, thus making the working of the act impossible (older Swarajist strategy).
• And, as a long-term strategy, they advocated an increased reliance on workers and
peasants, integration of their class organisations into the Congress, thus imparting a
socialist direction to the Congress and preparing for the resumption of a mass movement.

Gandhi’s Position
• Gandhi opposed office acceptance in the CWC meetings, but by the beginning of 1936, he
was willing to give a trial to the formation of Congress ministries.
• In its sessions at Lucknow in early 1936 and Faizpur in late 1937, the Congress decided to
fight elections and postpone the decision on office acceptance to the post-election phase.

Elections
• In February 1937, elections to the provincial assemblies were held. Elections were held in
11 provinces— Madras, Central Provinces, Bihar, Orissa, United Provinces, Bombay
Presidency, Assam, NWFP, Bengal, Punjab, and Sindh.
• These elections were the first in which a larger number of Indians than ever before were
eligible to participate.
• An estimated 30.1 million persons, including 4.25 million women, had been enfranchised
(14 per cent of the total population), and 15.5 million of these, including 917,000 women,
actually exercised their franchise, according to reports.

Congress Manifesto for Elections

• The Congress manifesto reaffirmed total rejection of the 1935 Act, and promised release
of prisoners, removal of disabilities on the basis of gender and caste, radical
transformation of the agrarian system, substantial reduction of rent and revenue, scaling
down of rural debts, cheap credit, and right to form trade unions and to strike.
• Gandhi did not attend a single election meeting.

Congress’ Performance
• The Congress won 716 out of 1,161 seats it contested. (There were 1,585 seats in the
legislative assemblies of the 11 provinces.)
• It got a majority in all provinces, except in Bengal, Assam, Punjab, Sindh, and the NWFP,
and emerged as the largest party in Bengal, Assam, and the NWFP.
• Because of this performance, the prestige of the Congress rose and Nehru was reconciled to
the dominant strategy of S-T-S.
Congress Performance in Upper House
• The Congress did not perform well in elections to upper house as the franchise was limited
to upper strata only.
• The upper strata, comprising of landlords and moneylenders, had begun to shift their
support t to the communal parties, since the Congress had adopted a radical agrarian
programme (From this time onwards, communal parties began to gather strength).

Congress Ministries at Work

• In the 28 months of Congress rule in the provinces, there were some efforts made for
people’s welfare
• Civil Liberties
o The Congress ministries did much to ease curbs on civil liberties:
▪ Laws giving emergency powers were repealed.
▪ Ban on illegal organisations, such as the Hindustan Seva Dal and Youth Leagues, and
on certain books and journals was lifted.
▪ Press restrictions were lifted.
▪ Newspapers were taken out of black lists.
▪ Confiscated arms and arms licences were restored.
▪ Police powers were curbed and the CID stopped shadowing politicians.
▪ Political prisoners and revolutionaries were released, and deportation and
internment orders were revoked.
▪ In Bombay lands confiscated by the government during the Civil Disobedience
Movement were restored.
▪ Pensions of officials associated with the Civil Disobedience Movement were restored
• Agrarian Reforms
o Tenancy legislation was taken up in all the Congress ruled provinces.
o In all provinces, efforts were made to protect the peasant from money lenders and to
increase irrigation faculties
 o In Bombay, the Congress was successful in getting those lands restored to their original
owners, which had been sold to new owners as a result of the no-rent campaign during
Civil Disobedience movement
o However, in most areas the Zamindars remained in a dominant position
• Labour
o The basic approach was to advance workers’ interests while promoting industrial peace.
▪ This was sought to be achieved by reducing strikes as far as possible and by
advocating compulsory arbitration prior to striking before the established conciliation
machinery
o Goodwill was sought to be created between labour and capital with mediation of
ministries, while at the same time efforts were made to improve workers’ condition and
secure wage increases for them
o The ministries treated militant trade union protests as law and order problems, and
acted as mediators as far as possible.
o Also, leftist critics were not satisfied by this approach. Generally, the ministries took
recourse to Section 144 and arrested the leaders
▪ Nehru was unhappy about these repressive measures, but in public supported the
ministries to protect them from petty and petulant criticism.
▪ Although Gandhi was against militant and violent methods, he stood for political
education of the masses
• Social Welfare Reforms
o These included the following:
▪ Prohibition imposed in certain areas.
▪ Measures for welfare of Harijans taken—temple entry, use of public facilities,
scholarships, an increase in their numbers in government service and police, etc.
▪ Attention given to primary, technical and higher education and to public health and
sanitation.
▪ Encouragement given to khadi through subsidies and other measures.
▪ Prison reforms undertaken.
▪ Encouragement given to indigenous enterprises.
▪ Efforts taken to develop planning through National Planning Committee set up under
Congress president Subhash Bose in 1938
• Extra-Parliamentary Mass Activity
o These included:
▪ launching of mass literacy campaigns,
▪ setting up of Congress police stations and panchayats,
▪ Congress Grievance Committees presenting mass petitions to government, and
▪ states peoples’ movements

Negative Outcomes
The strategy of using offices to promote mass political activity created new dilemmas. How
could a party running a government simultaneously organise popular protests against its own
self?
The Congress ministries promoted civil liberties and allowed trade unions and kisan
organizations to grow. Left parties began to operate freely:
• The Communist Party brought out its weekly organ 'The National Front' from Bombay. The
CSP brought out its journal 'The Congress Socialist'.
• The Kirti Communists of Punjab brought out 'Kirti Lehar' from Meerut (U.P) as they could
not do so in Unionist Party led Punjab.
• A section of Congressmen such as the Communists, Socialists, Royists and Revolutionary
Terrorists felt that the expanded civil liberties should be used to stir militant or even violent
forms of protest.
• Due to the above, popular agitations began to clash frequently with the Congress
governments, which treated all militant protests as a law and order problem. For instance,
in Bihar the kisan movement came in conflict with the Ministry when the kisan Sabha asked
the peasants to forcibly occupy the landlords' lands. It was during this time that the
relationship between the Bihar kisan Sabha and Congress leadership became strained and a
ban was imposed on Congressmen from participating in Kisan Sabha activities in Bihar.
For how could governance and violent forms of protest coexist?
• The Left became highly critical of government's handling of popular protests and accused it
of suppressing peasants' and workers' movements.
• Thus, the policy of ministry formation led to a new crisis in the national movement. Both
Gandhi and Nehru began to feel that the positive role of the Ministries was getting
exhausted.