z:\ ambedkar\vol-02\vol2-10.indd MK SJ+YS 21-9-2013/YS-8-11-2013 759
EVIDENCE : RIGHT HON. SIR SAMUEL HOARE AND OTHERS 759
was whether separate electorates were to be maintained or the system of joint electorates with reserved seats ; employed. (For an explanation of these terms see paragraphs 149 and 150 of Vol. I of the Statutory Commission’s Report). Repeated failure, after many attempts, to reach agreement on these problems had not only left this vital gap in the Constitution so far outlined, but was preventing some of the minority communities from proceeding any further with discussion of other aspects of the Constitution which had a communal bearing until they knew where they stood as regards their representation in the Legislatures.
- Accordingly, in order to remove this obstacle to progress, the Government were very reluctantly compelled to give a decision on these points which was more or less of the nature of an arbitral award. The Government undertook to incorporate the provisions of the award in their proposals to Parliament. This award covered the composition of the Provincial Legislatures and the method of election to them. It was found impossible to isolate the more purely communal questions involved from such matters as the number of seats for special interests, and the size of the Legislatures. On such points, however, the Government had had the benefit of the advice of the Indian Franchise (Lothian) Committee. The award was issued on the 16th August,
1932, and presented to Parliament as Cmd. 4147.
- Subject to an alteration in respect of the Depressed Classes explained further below, the provisions of the Award are reproduced on pages 91 and
93 of the White Paper (those regarding election on page 91 being a slightly abridged version).
- The announcement prefaced to the Award contained the following very important passage : —
Paragraph 4. “His Majesty’s Government wish it to be most clearly understood that they themselves can be no parties to any negotiations which may be initiated with a view to the revision of their decision, and will not be prepared to give consideration to any representation aimed at securing the modification of it which is not supported by all the parties affected. But they are most desirous to close no door to an agreed settlement should such happily be forthcoming. If, therefore, before a new Government of India Act has passed into law, they are satisfied that the communities who are concerned are mutually agreed upon a practicable alternative scheme, either in respect of any one or more of the Governor’s Provinces or in respect of the whole of British India, they will be prepared to recommend to Parliament that alternative should be substituted for the provisions now outlined.”
- Since the Award there has been one important modification in respect of the representation of the Depressed Classes, the history of which is shortly as follows :
On the issue of the Award Mr. Gandhi expressed his intention to fast