Jinnah challenged Willingdon openly. When Willingdon was retiring as the Governor of Bombay, the Government thought to arrange a farewell in the name of the people of Bombay on December 11, 1918 by the Bombay Municipal Corporation. Mr. and Mrs. Jinnah led a huge mob and occupied the Municipal Hall in early hours of the morning. In this way this grand reception was foiled by Jinnah with the support of the people of Bombay. In the history of British India, this was the first anti-Government demonstration against the British for which “Jinnah’s People’s Memorial Hall” was later built by public donations which stands in the memory of Jinnah.7
Jinnah also agitated against Brigadier-General R. E. H. Dyer’s cruel killing of 400 persons and injury to more than 1200 persons at a public meeting at Jallianwala Bagh, Amritsar on April 13, 1919. This protest was held against the passage of Rowlatt Act in February 1919 which was termed by Jinnah as “Black Act” meant to curb the will of the Indian people. For these reasons the Government was advised by the secret agencies to arrest Jinnah, but it was wise enough not to arrest him because of the fear that Jinnah was very popular at that time. However, the Government felt relieved when Jinnah resigned from his membership from of the Indian Legislative Assembly by his letter dated March 28, 1919 addressed to Lord Chelmsford, the Viceroy.
Situation After 1922 When Gandhi Called Off His Satyagraha
The political situation changed in British India when as a result of Gandhi’s calling off the Satyagraha on February 12, 1922 because of the Chauri Chaura (Gorakhpur, India) where some policemen were burnt alive by the furious mob on February 4, 1922. The political unity between the Hindus and Muslims which Jinnah had built through his hard labors as a result of the Lucknow Pact 1916 was shattered to pieces. The Congress and Gandhi backed away from their promises under the Lucknow Pact. The Muslims also became divided amongst themselves. The division further increased because of Delhi Muslim Proposals of March 1927. The Muslim League was divided into Jinnah Group and Shafi group. Encouraged by this disunity amongst the Muslim ranks the Congress leaders became bold enough to shun the Muslim rights under the Nehru Report of August 1928. The Congress leaders forgot that the Muslim rights given under the Government of India Acts of 1909 and 1919 were granted with the consent of the Congress. In this critical situation as well, Jinnah’s leadership played a pivotal role and united all the Muslim political groups around his 14-Point Formula given in March 1929 as mentioned earlier. When the Muslim unity was revived, the Congress leaders planned to crush the Muslims and tried to force the British Government to grant Purna Swaraj, or Complete Independence, to India by announcing the Non-Cooperation Movement again in December 1929 and hand over power to the Congress leadership by ignoring the Muslims. On December 31, 1929 Jawaharlal Nehru hoisted the Congress flag on the banks of Ravi River in Lahore. The Declaration of Independence of India was announced by the Congress leaders. Jinnah, who sensed all this, after March 1929 wrote to Ramsay MacDonald, British Prime Minister, on June 19, 1929, who assumed office as a result of his Labour Party’s success in the UK elections held in May 1929, that a “very serious deadlock” in India has been created. Jinnah also suggested that a round table conference should be convened so that the political and constitutional settlement amongst them is created. As a result of this, the British Government decided to hold Round Table Conference in London in November 1930. The Congress leaders advised the British that majority of the Indian leaders who belong to the “Congress mentality” should be invited.8 The British did not agree to this proposal of Gandhi. Despite the Congress’ boycott, the three Round Table Conferences were held during 1930-1932 which was a great success on the part of Jinnah. Otherwise, the Congress design was that the British would align with them to crush the Muslims from the political scene in India. Jinnah always took a wise step which led to the announcement of Communal Award in 1932 by the British Government and the finalization of Government of India Act 1935 by the British Parliament. As a result of Irwin-Gandhi Pact of 1931, Gandhi attended the second RTC in London but without a result because Gandhi was not ready to give any rights to the Muslims and other minorities in India. To Jinnah, the Muslim interests were always supreme for which even though he was not invited to the third RTC, yet he decided to stay on in London just to impress upon the British parliamentarians and the RTC participants the safety of Muslim’s political and constitutional rights. When Jinnah decided to return to India in December 1934, he was fully confident that due constitutional rights would be granted under the new Act of 1935.
Jinnah’s Grasp Over the British Political, Judicial and Administrative System
Jinnah well understood the British political, judicial and administrative system. As a brilliant student at the Lincoln’s Inn, Jinnah was enrolled as a law student in April 1893. The Bar-at-Law examination which required three years’ course work was passed by him within two years. It was in April 1895 that he passed the Bar-at-Law examination. He had to wait for another year so that his dinners’ attendance could be completed. It was after receiving his degree of Bar-at-Law from the Lincoln’s Inn that he decided to return to India in August 1896. During these 15 months stay after passing the Bar-at-Law examination, Jinnah spent his time observing the functioning of the British judicial system, British parliamentary system by attending the debates of the parliament and visiting British Museum for reading books. Thus, he learnt a lot. In this background when he came to India, he also enrolled himself as an Advocate at Bombay High Court. Soon, he started appearing before the Bombay High Court judges. He also had a six months’ tenure as Presidency Magistrate in 1900 and became famous for his good judgment. He was also elected as a member of the Bombay Municipal Corporation for two years. It was because of his expertise and judiciousness that he was invited to appear before the Royal Commission on the Public Services in India on March 11, 1913 headed by Lord Islington. This was a 16-member Commission which also included Gokhale and prominent judges of the High Courts in India. First, a long questionnaire was sent to him following his interview on March 11, 1913 at Bombay. This Commission was appointed to reform and improve the efficiency of the Public Services in British India. Regarding the Indian Civil Service examination system, Jinnah replied that “it is the best test of a man’s abilities or character and least blamable system one can imagine to elect men for service”.9 Jinnah also gave a number of suggestions for its improvement. The judicial and executive services were functioning jointly at that time. When he was asked about this, Jinnah advised that judicial branch should be separated from the executive branch. He also advised that examination for judicial service should be based on efficiency in the knowledge of law and experience at the Bar. When he was asked whether he remained only in Bombay city, his answer was that this wasn’t the case and that he had visited the whole of India apart from Bombay, like Madras, Calcutta, and Northern India. When he was asked whether he read in any prominent chambers of Bombay, Jinnah replied that he read in the Chambers of John Macpherson who was the Acting Advocate-General of Bombay and the other was Love, who was the Advocate-General of Bombay. When he was asked whether he went to the British Courts in London, Jinnah’s reply was that he attended the Courts in London for eight months. With regard to Provincial Civil Service, Jinnah recommended that persons having 5 years’ experience as High Court Pleaders should be included in the Provincial Civil Service. When he was asked whether he could speak Urdu, Jinnah’s answer was “I can speak Urdu”. Jinnah also revealed that usually he spoke English at public places, but when there were gatherings like meetings of Anjuman-i-Islamia, Bombay he spoke Urdu because majority of people there could speak the language. Similarly, he expressed his views regarding the appointments of District and Sessions Judges, High Court Judges and other matters.
Jinnah’s Association with the Muslim League Before His Joining in 1913
Despite the fact that Jinnah had not yet joined the Muslim League, he did accomplish another achievement of getting passed the Mussalman Wakf Validating Bill by the Imperial Legislative Council in March 1913. This issue was lingering since the times of Sir Syed Ahmed Khan. No Muslim League leader was daring enough to get this work accomplished. The way Jinnah chalked out to initiate this issue from the Congress platform in December 1906, as mentioned earlier, and the way Jinnah asked questions in the Imperial Legislative Council from the British Minister of the Viceroy’s Cabinet is marvelous. When the government became ready to accept any proposal in this connection, Jinnah moved his Bill on this issue in the Imperial Legislative Council in March 1911. Opinions on this bill were received in hundreds and thousands which were sifted in the Select Committee of the Legislature headed by Jinnah. The Muslim ulema of the whole of British India headed by Maulana Shibli Nomani were also heard. When Jinnah came to know that consensus of the ulema was on 6 clauses of the Bill, he agreed to reduce the Bill from 12 to 6 clauses just to maintain unity of ulema behind his Bill. When the Government saw this, the Bill consisting of agreed 6 clauses was passed in March 1913. This was the first Bill passed on the motion of a Private Member of the Imperial Legislative Council. Through this accomplishment Jinnah earned congratulations from Muslims all over British India.10
Jinnah’s Long Parliamentary Career 1910-1947
Jinnah had a long career as a Parliamentarian because he remained Member of the Indian Legislative Assembly from 1910 till the creation of Pakistan in 1947. The greatest point was that he was all the time being elected from the same constituency of Bombay after the end of every three years’ tenure or as the rules provided. He was never defeated. Sometimes he was elected unopposed. However, it was at his own that either he did not contest the elections, or he resigned from his Membership of the Assembly as mentioned earlier. The way he conducted the elections was marvelous. He was the most cherished leader of the voters of his constituency. He also took keen interest in solving their problems. His doors were never shut for his voters. During the election campaigns a number of charges were leveled against him. For instance, during the elections of 1926, the Swarajists and the Congress leveled charge against him that Jinnah was against the Holy Quran and Islam. Refuting this, Jinnah said that he had never been opposed to Islam and the Holy Quran rather he dedicated his whole life to the service of Islam and the Holy Quran.11 In the next elections in 1930 Jinnah was elected Member of the Indian Legislative Assembly unopposed. Soon after this, Jinnah proceeded to London to attend the Round Table Conference due to be opened in November 1930. After the end of first RTC in January 1931, Jinnah realized that this Conference would continue for some years to come. Before going to England, he had no intention to settle in London, but after the end of first RTC he realized that his Nation required him to stay on further. Being very loyal to his electorate, Jinnah came back to Bombay for a short period in July 1931 and resigned from his membership of the Indian Legislative Assembly so that his voters may not be deprived of his absence and they could elect a new member in his place for representation of their aspirations in the Legislature. So, he resigned and went back to London in August 1931 for a long stay there. This also proved that he was fair, bold and a fearless parliamentarian who very much believed in the welfare of his people. He was so popular that during the elections of 1934 when he was not even present, he was elected Member of the Indian Legislative Assembly.
British Benefit from Jinnah’s Vast Experience
It was because of Jinnah’s vast knowledge and experience that he was appointed member of the Reforms Enquiry Committee on June 20, 1924. This was a 10-member Committee appointed by the Indian Legislative Assembly on the initiative of the Government and headed by Sir Alexander Muddiman, Home Minister of the Viceroy’s Cabinet as Chairman of the Committee. The purpose of this Committee was to find out how to improve upon the Government of India Act 1919 and to give more representation and rights to the Indians. The Committee heard various persons and institutions for the purpose for some months. It was in October 1924 that the Committee came to finalize its report. Certain differences arose between Jinnah and the Chairman of the Committee. Therefore, two reports were prepared – one came to be known as the Majority Report and the other the Minority Report written by Jinnah and his associates. The Majority Report consisted of 130 pages, while the Minority Report consisted of 74 pages. The Minority Report was basically written by Jinnah along with other three members: Dr. Tej Bahadur Sapru, P. S. Sivaswami Iyer, and R. P. Paranjpye. Both these reports were submitted to the Government on December 3, 1924. The Minority report became famous as “Jinnah Committee” Report. The Government studied these reports for some months and published them in March 1925. Both these reports came to be termed as “rival” reports. The Times (London) commented on the Minority Report: “The Minority Report lays emphasis on the fact that almost every non-official witness stressed the need for provincial autonomy and the introduction of the principle of the responsibility at the Central Government. This report approves the statement that nothing but the disappearance of Dyarchy and the Constitution for it of provincial autonomy will pacify the Government’s circles”.12 The interesting point in this connection was that initially he was not ready to become a member of this Committee because the terms of reference were not liked by Jinnah. It was on Jinnah’s insistence that the terms of reference were changed and then Jinnah became ready to become a member of this Committee.13
Jinnah was working for strengthening all major institutions of the State. So was with the case of Armed Forces. Jinnah had a deep concern for this and was interested to make the Indians become Army Officers so that the control of the Army would go in the hands of the Indians. A number of statements were made by Jinnah in the Imperial Legislative Council during World War I (1914-1918). In March 1925, on the initiative of the Government, the Indian Legislative Assembly appointed a Committee which is usually known as Indian Sandhurst Committee headed by Lt Gen Sir Andrew Skeen, Chief of General Staff (Chairman). It was a 13-member Committee. Motilal Nehru, father of Jawaharlal Nehru, was also appointed as a member of this Committee but he dissociated himself from it. The purpose of this Committee was to find ways and means as to how Indians could be recruited and trained to become Army Officers. This Committee heard various persons related to educational institutions, retired army personnel and other prominent persons. Then this Committee appointed a Sub-Committee headed by Quaid-i-Azam. Sir Pheroze Sethna and Zorawar Singh were its members. Major Lumby acted as the Secretary of this Committee. This Sub-Committee toured the military training institutions of England, France, U.S. and Canada during April-July 1926 and report of this Sub-Committee was separately submitted in August 1926 which suggested drastic changes to provide for making Indians’ military training in India on the pattern of Sandhurst in England which the British Government disliked.14 Wherever Jinnah went, he gave interviews to the press in which he said such things that were against the British Government. Lord Birkenhead, Secretary of State for India, was totally annoyed with Jinnah for making statements in England and America. Quaid-i-Azam, even in those days of British power and military might showed a higher degree of independent opinions basing on his observation and judgement. He annoyed the British high command to the extent that in their frustration they even used harsh words for him, but nothing deterred M. A. Jinnah from holding and giving his independent opinions. Birkenhead reported to Lord Irwin, the Viceroy:
Jinnah’s conduct over here has been disgraceful, and the other two members of the Committee showed little sign of dissociating themselves from him. I believe that their behavior in Canada was little better, and that they devoted themselves mainly to gathering opinions as in the probability of Canada seceding from the Empire.
The Sub-Committee has done much harm, and I am sure it was a grave effort to let them loose without Skeen to control them.
I had originally intended to get them to meet Worthington Evans and the CIGS at my house, but Jinnah had made it impossible for me to show them hospitality. I shall not see him unless he requests an interview. If he does, I shall talk to him very plainly.15
In his reply, Irwin explained the reasons as to why he could not ignore Jinnah because of his political importance in the country.
When as a result of Partition Plan of June 3, 1947 details of division of assets between Hindustan and Pakistan were being discussed, Jinnah made it clear to Lord Mountbatten that in his meeting on June 23, 1947 what he wanted was to “have a Pakistan Army ready by August 15th and that there must be an operational Commander-in-Chief in Pakistan by that date who would take orders from the Pakistan Government.”16 This was expressed by Quaid-i-Azam because he was well aware of the defense requirements of the newly born State of Pakistan.
To purchase a house in London and stay for four years (1930-1934) was a very expensive matter which no other leader except Jinnah could afford for the cause of the Muslims. In one of his letters to Jinnah, Sir Aga Khan III also appreciated that to live in London was very expensive. That is why Sir Aga Khan III was staying in France. He used to go to London as and when required for the purpose of meetings. All this Jinnah did for the good future of the Muslims. Jinnah’s concern had increased after the Congress threat in December 1929 that the Muslims should be eliminated politically, and they should not be given separate electorates in any future constitutional document. Jinnah and other Muslim leaders’ efforts bore fruit and despite disagreement on many issues, the Muslim delegates unanimously proposed the continuance of separate electorates for the Muslims and other minorities, a demand which was accepted by the British in the form of issuance of the Communal Award 1932 and the White Paper 1933. On this basis, the Joint Parliamentary Committee formulated the draft of what was going to be the Government of India Act 1935. When Jinnah felt assured of the separate electorates for the Muslims and other minorities, and creation of Sindh as a new Muslim majority province, he decided to sail back to Bombay in December 1934.
Jinnah’s Belief in the British Parliamentary System and Islamic State
Jinnah wanted to have a constitutional democracy based on the British Parliamentary system where there should be rule of law, supremacy of parliament, and effective role of Prime Minister as the supreme leader in the country who should work for promoting the interests of the Islamic State. Though he was champion of Western democracy, but when the Muslim interests at the hands of Congress Ministries in 6 Hindu majority provinces were violated, Jinnah wanted safeguards in this democracy. At the Patna Session of the All-India Muslim League held on 26-29 December 1938, Jinnah explained with sound arguments that Congress only represents the Hindus, and not others. Even the Christians, the Scheduled Caste Hindus, non-Brahman Hindus are also not represented by the Congress. Thus, it was not only the Muslims who had developed grievances against the Congress Raj, but all the minorities had the same grievances against it. Therefore, Jinnah proved that the Congress was “mainly a Hindu body.”17 The Congress motto of ‘Swaraj’ in actual practice was an intention “to establish Hindu Raj.” Giving the example of ‘Vande Mataram’, Jinnah said that it was “not the national song”, but a Hindu song. Referring to the Congress flag being projected as a national flag, Jinnah also termed it as a “Hindu flag.” According to him, only that flag and anthem could be termed as the national anthem or national flag which is respected by everybody. He blamed Gandhi for all this and turning the Congress into a Hindu body. He said:
I have no hesitation in saying that it is Mr. Gandhi who is destroying the ideal with which the Congress was started. He is the one man responsible for turning the Congress into an instrument for the revival of Hinduism. His ideal is to revive the Hindu religion and establish Hindu Raj in this Country, and he is utilizing the Congress to further his objects.18
Therefore, what Jinnah wanted was that in democracy there should not only be the majority rule, but it should protect the rights of all the minorities as is required under an Islamic State.
Jinnah’s View for Maximum Provincial Autonomy
He also believed in the maximum provincial autonomy for the provinces in a federal setup. But the Central or Federal Government should also be strong enough to act in the best interest of its citizens. If any provincial government fails to protect the basic rights of the citizens including those of the minorities, the Federal Government should be empowered to act in the interest of its citizens and the minorities. This also includes the basic rights of health, education, and economic welfare. The cartels of jagirdari system or any power mongering group acting in the interest of evil forces should be controlled by the provinces. If the provinces fail to do so, the Central or Federal Government should be empowered in the Constitution to act in the interest of the common man. This was necessary because freedom of every citizen was an essential ingredient of the Islamic State of Pakistan. The judiciary was required to function without fear or favor in the best interest of law and constitution. The judges were also required to act in the interest of all segments of the society and to watch the growth of congenial behavior and healthy society. In an Islamic State, Iqbal and Jinnah believed, the judiciary and the government functionaries are required to frame laws in the interest of its citizens. If any law or act fails to meet the human or Islamic values the concerned law should be changed because Pakistan was going to be an ideological state. In order to promote the rule of law, the Federal and Provincial Governments were required to propose legislation for any new act they wanted to do through consultative process. The Rules and Laws were required to be passed by the Federal and Provincial Legislatures after full debate and discussion in the interest of society, culture and Islamic values.19
When Jinnah returned from England and reached Bombay in early January 1935, he had already planned what to do in the best interest of the Muslims and pave the way for the road to Pakistan. Though his real intentions were kept secret, but his opponents knew about the secret planning of Jinnah. When the session of new Indian Legislative Assembly started in New Delhi on January 21, 1935, Jinnah had to face three challenges. First was the election of Sir Abdul Rahim, his friend, as President of the Assembly , the second was to thwart the Congress move to boycott the session of the Assembly, and the third was also to thwart the Congress move not to allow the Assembly to consent for the Joint Parliamentary Committee Report.20 Jinnah planned things in such a way that he foiled all the attempts of the Congress on all these three matters. The Congress candidate T. A. K. Sherwani was defeated and Sir Abdul Rahim was elected as Chairman of Indian Legislative Assembly. In this way the Congress move to wreck the holding of the Assembly session was also foiled. When Congress failed to block holding of the Assembly session, it resorted to a third negative step and that was rejection of Joint Parliamentary Committee Report and the Communal Award of 1932. A number of amendments in the Joint Parliamentary Committee Report were also tabled by some other members of the Assembly. On February 3, 1935 Jinnah tabled in the Assembly the following resolution:
1. That the Assembly accepts the Communal Award so far as it goes until substitute is agreed upon by the various communities concerned.
2. As regards the scheme of provincial governments, this House is of opinion that it is most unsatisfactory and disappointing in as much as it includes various objectionable features, particularly establishment of second chambers, extraordinary and special powers of the Governors, provisions relating to police rules, Secret and Intelligence Departments, which render real control and responsibility of the executive and legislature ineffective and therefore, unless these objectionable features are removed, it will not satisfy any section of Indian opinion.
3. With respect to the scheme of the Central Government called “All-India Federation”, this House is clearly of the opinion that it is fundamentally bad and totally unacceptable to the people of British India and, therefore, recommends to the Government of India to advise His Majesty’s Government not to proceed with any legislation based on this scheme and urges that immediate efforts should be made to consider how best to establish in British India alone real and complete responsible government and with that view take steps to review the whole position in consultation with Indian opinion without delay.21
The purpose of Jinnah was that federal portion of the report should be rejected, but the provincial portion by which he could allow elections for the formation of provincial assemblies should be adopted. In this way, Jinnah planned, the way for the Muslim majority provinces to opt for Pakistan was to be made clear. Very few could understand this strategy of Jinnah because he was such a leader who was thinking ahead of his times. However, his opponents knew about this and they did everything to block his way. Therefore, Jinnah moved in such a way that the Congress’ move to reject the Joint Parliamentary Committee failed and his amendment was passed by the Assembly by the majority vote of 74 to 58 on February 7 after a debate of three days.22 On February 13, 1935, an anonymous letter appeared in the Times of India, Bombay in which it was admitted that majority of the Assembly “by its approval of Mr. Jinnah’s ‘judgment’ discarded all immediate thought of an Indian ‘nation’ embracing all India’s peoples. What he wants apparently is the creation of a ‘Hindu India’ and a ‘Muslim India’ in the North, composed of a solid block of Muslim “States extending from the Afghan Frontier as far as and including Bengal. This will exist as a perpetual menace overhanging ‘Hindu India’ of the South”.23 Thus another ‘blank cheque’ has been given to the Muslims led by Mr. Jinnah in the Assembly. It is a sad story.”24 This was made possible because majority of the members of the Assembly were trapped by Jinnah “who always boasts of being a ‘nationalist’ but secretly believed in division of India. Thus, the majority members “walked into the spider’s parlour”.25
(To be continued)
The writer is Ex-Director, National Institute of Historical and Cultural Research, and Professor at Quaid-i-Azam Chair (NIPS), Quaid-i-Azam University, Islamabad.