বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (প্রথম খণ্ড)/৬৬
| শিরোনাম | সূত্র | তারিখ |
| মুলনীতি কমিটির চূড়ান্ত রিপোর্টের উপর বিতর্ক | পাকিস্তান গণপরিষদ | ৭-২৩শে অক্টোবর, ১৯৫৩ |
CONSTITUENT ASSEMBLY OF PAKISTAN DEBATES ON THE REPORT OF THE BASIC PRINCIPLES COMMITTEE, 7TH OCTOBER, 1953.
SHRI DHIRENDRANATH DUTTA: Sir.......
If you look to the report itself. Sir, in the recommendations annexed to the Report on which our future Constitution is to be based, it has been stated that certain matters are still outstanding such as financial allocations between the Centre and the Units; nomenclature and the position of the acceding States in the new set up. A special subcommittee had been appointed under the Chairmanship of the Honorable Khwaja Nazimuddin to report on matters relating to the position of the acceding States in the future Constitution. These are matters really which are still outstanding; financial allocations between the Centre and the Units are very important. This Committee, Sir, has not yet submitted its report and it has not been placed before us. This I consider, one of the most important things to be considered. In this connection, I must tell this House if you look to the lists mentioned in the report. List No.I is the Federal List; List No. II is Provincial List or the Unit List; and List No. III is Concurrent List. If you look to these Lists, you will see that there are subjects included in both the Central List and as well as Provincial List and this, I should say, amounts that the Provinces are not but glorified Union Boards. If you look to the Lists, Sir, you will find that there is nothing which..........
Mr. Chairman: Order! Order! The time is up. The House stands adjourned till 11 a.m. tomorrow.
(8th October, 1953)
Shri Dili rend ra Nath Dutta (East Bengal: General): I was just referring yesterday to List No. II appended to this report. If you read List No. II, you will find that the Provincial Government-the Government of the Uniti- will not be able to run the administration at all. As I was submitting yesterday that the provinces will be nothing better than the glorified Union Boards. The Union Boards after paying the salaries of the chowkidars and dafadars, have not any fund whatsoever to carry on the administration and do its duties to the Public. So, it seems to me strange -I do not know whether the List is complete or not but if the list is complete- there is no provision anywhere in it for raising any fund whatsoever. Therefore, the most important thing to be considered is that funds should be given to the Provinces-Units to carry on the administration in the best possible way. While making amendments to the Basic Principles Committee's Report, I had suggested for raising certain taxes. It seems to me that the present source of raising the revenue has all along been denied to the Provinces. You are aware that the tax on agricultural income is a provincial matter but this has also not been mentioned in the report. Therefore, I suggest that taxes on agricultural income, duty in respect of succession to agricultural land, estates duty in respect of agricultural land, taxes on lands and buildings, taxes on the consumption of electricity, taxes on the sale or purchase of goods other than newspapers, taxes on goods and passengers carried by road or inland waterways, taxes on vehicles whether mechanically propelled or not suitable for use on roads including tram-cars, taxes on animals and goats should be mentioned in List No. II, otherwise it would be impossible for the Provinces to raise any fund to carry on their administrative duties. This is indeed a very important matter to be considered
Prof. Raj Kumar Chakraverty (East Bengal: General): .......... Sir, there has been great joy and beating of drums over the latest formula regarding this representation of the two wings of Pakistan. No doubt, the Honorable the Prime Minister has done it with the best intentions, but I am afraid. Sir, he has failed to see the seed of mischief inherent in his proposal which is merely a patch-work. I do not think the members of the Muslim League party in coming to this settlement have shown sufficient vision or sufficient foresight or sufficient democratic spirit which was expected of them. They have failed to grasp that the future parties in this country and this legislature will be not on provincial considerations but on economic programme and ideological back- ground. This formula, which is unnatural and merely artificial, indicates suspicion and mistrust between the two wings of Pakistan as indicated by a previous.speaker, Mr. Dhirendra Nath Dutta. Our future generations might forget the present provincial feelings but when the Constitution is going to put down in black and white this parity formula, saying that “this is the Eastern Wing and this is the Western Wing, these are the checks and balances of each other", I am afraid. Sir, these provincial feelings will be revived in the people and the future generations on account of our putting down these “checks and balances." Rather than discouraging these provincial feelings, I am afraid, Sir, this will encourage provincial feelings. Therefore, Sir, there is nothing to be overjoyed on this formula.
As regards the co-existence of the two Houses with equal powers, my friend has already pointed out that it is most undemocratic. The combined wisdom of 300 persons who will be elected directly on adult franchise and who will enjoy a fuller confidence of the general public and the masses should never be overridden by 50 persons coming by indirect election in the Upper House. That is very undemocratic. It should be realized that many of these 50 persons are likely to be men with long purses, and vested interests. They are likely to be, as it has been the history in many other countries, mere clogs on the wheels of legislation. They may very often bring about deadlocks on account of their natural predilections. If this House would like to abolish zamindari system in the West Wing of Pakistan, I am afraid, it will not be possible to do so, because of these 50 representatives in the Upper House if they happen to be capitalists, will never be abolished from the soil of Pakistan on account of these fossils with vested interests adorning the seats in the Upper House of the Centre. And I am afraid, Sir, all progressive legislation will be held up.
(9th October, 1953)
Sir, next I take up the question whether the Constitution is a federal one. It is federal in name only. Like the Unitary System of Government the Centre has usurped many of the powers of the Units and the Provinces. It is neither Federal nor Unitary but it is a hotchpotch. It is a curious amalgam. Scrutinize the three lists given in the report and you will find that even under the bureaucratic British administrations, Provinces had many powers which have been taken away from them under the proposed Constitution. Situated far away as East Bengal is, the autonomy of that Province and the autonomy of other provinces also, except in certain important matters like the Defense, Foreign Affairs, and Currency should have been conceded and granted. This question of the autonomy for the provinces has been the claim of the Muslim League Parliamentary Party of East Bengal. They passed a resolution in 1949 in which this was included. It is supported by the Lahore Resolution of Muslim League passed in 1940. It is in the objectives Resolution which the late Qaid-i-Millat moved. It is the scheme that was placed before the Cabinet Mission by the late Qaid-i-Azam in 1946. What we have got, Sir, today, is a truncated provincial autonomy. It is a negation of federalism and we cannot touch it even with a pair of tongue.
(14th October, 1953)
The Honourable Mr. Nurul Amin: (East Bengal: Muslim).......Sir. there are people who thinks in terms of confederation. They think that the Lahore Resolution which gave a sort of an inkling of the two zonal independent States, should be given effect to. One has got to take into consideration the time factor between the Lahore Resolution and the achievement of Pakistan. The idea behind that resolution was to include the whole of Bengal in the eastern zone with Assam and the whole of Punjab and the rest which now comprises Western Pakistan, including Kashmir State, in the Western Zone. That was the idea when the Lahore Resolution was passed, but what did we get? In the words of the late Quaid-i-Azam, we got a truncated Pakistan, not the Pakistan which was envisaged in the Lahore Resolution, but a truncated Pakistan, and this very fact alone is sufficient to abandon the idea of two independent States. East Bengal with a load of 4Vi crores of population, has no area to expand. I do not see how it is possible for those, who think in terms of two independent States, to think of East Bengal existing as an independent State, unless they in their heart of hearts feel that by doing so they shall make East Bengal a satellite of India. Of course, then that is possible. The less we think in terms of a confederation the better it is for all of us in Pakistan.
Now, Sir, we have got to frame a constitution which should inspire confidence among the people of both the zones and for that purpose certain figures have been prepared, as this can be achieved only by figures. That is not the main consideration. The main consideration is that we must all work for the consolidation of Pakistan. We must have the same idea which imbibed us at the time of Lahore Resolution, that we must have a Pakistan of our own, so that the people irrespective of their place of birth or place of residence must have a common ideal, we must have a common State of their own and must work together hand-in-hand. That was the ideal that was kept before those who framed the formula which has been published in the press and placed before the House by the Honorable Prime Minister.
Sir, it is within the knowledge of everybody that on account of this difference of opinion between East Bengal and West Pakistan in the matter of composition of the Houses, the work of constitution-making was stopped... .... The deadlock, which was created on account of the difference and which has persisted for the last few months. is working as a dead weight on the nation. The nation is going to lose confidence in the leaders, in those who are at the helm of the Administration. They have been disappointed and frustrated; one has got to realize that those who have the love of the country at their hearts must find out some solution of the tangle. It has been done and it has been hailed all over the country, except those who do not see eye to eye with the Muslim League and I know the reason. They are those people who opposed Pakistan; they are, again, those people who do not want that there should be a strong Pakistan and that constitution should take another step to make it stronger. I have read in the press that a meeting was held in Dacca, which was attended by several parties. I will just name those persons rather parties who are said to have rejected this formula. The meeting was addressed by representatives of the Jinna Awami League, the Communist Party; the Krishak Sramik Party, the Gangatari Dal, the Khilafat-i-Rabbani Party and ex-Finance Minister, Mr. Hamidul Haq Chowdhury and it was presided over by the former Bengal Premier, Mr. A. K. Fazlul Huq. All these disgranted gentlemen and organizations, which are ideologically opposed to Pakistan have joined hands and are trying to gather strength against the Muslim League. I am sure the People of Pakistan, far more the people of East Bengal, are quite conscious of their duties and their obligations and their rights. They can understand who are their friends and who are not. They know who have achieved Pakistan which is the organisation which has given millions of Muslims a State of their own. I am sure that such combination of these heterogeneous elements will not cut any ice with the people of East Bengal.
Sir, it has been suggested that the Upper House has been given more powers. So far as powers are concerned, certain powers have been given according to the formula to the joint House-neither to the Lower House nor to the Upper House. Certain other powers-Legislative measures-are equal as are to be found in many other countries. Even in undivided Bengal the Upper House had independent power with regard to legislation. That is also to be found in various other federal systems of Government. The only deviation that has been made is that certain power has been given to the joint House and that is, as I have said, to create a feeling of confidence amongst all sections of the people, amongst all people living in different parts of Pakistan, in the Constitution of Pakistan. And, I think that no sacrifice for achieving that end is too great. We must first of all see that Pakistan's foundations are made strong; that there is no fissiparous tendency to weaken the foundations of Pakistan.
Then, Sir, comes the question of Autonomy which has been raised by some of the members. So far as provincial autonomy is concerned, I have always held the view that provinces should be given the maximum autonomy. The Central Government should not be undermined but still there are many subjects which can be assigned to the provincial Governments for administration. In the committee stage I had also my difference of opinion and I shall try to express my opinion both in this House and elsewhere. I feel that without affecting the integrity of Pakistan, a larger number of subjects can be given to the provinces. That would be good both for the Centre and the Provinces. It is difficult for the Central Government to administer many subjects from here-from the seat of the Federal Capital. The Secretariat, the Staff and the Ministers who cannot have first-hand knowledge of the difficulties and sufferings of the people on those matters cannot dispose of things quickly and properly from the seat of the Central Government. So far as East Bengal is concerned, the geographical position has got to be given a special consideration. It has been found very very difficult by experience of these six years that some subjects which can easily and without affecting the authority of the Central Government be transferred to the Provincial Governments, could not be dealt with properly and quickly as they could have been done if the subjects were administered by the Provincial Governments.
I am also in favor of having one list instead of having three lists. Make one list of subjects for the Central Government and no more. The rest of the subjects will be administered by the provinces. We had three lists in the Government of India Act; we have suggested three lists in the reports; but I think the best course would be to have only one list, namely, subjects to be administered by the Central Government and there should not be any other list.
Shri Dhirendra Nath Datta: Provinces must have funds to administer the subjects.
The Honorable Mr. Nurul Amin: The question is as the responsibilities will be transferred the sources of revenue will follow. That goes without saying. If the responsibilities are transferred the sources of revenue will also follow.
Now, certain references have been made with regard to the language question and I was surprised that Honorable Members of this House who know the history of the language could raise this question at this stage. After a resolution which was adopted by this House, the Basic Principles Committee had no jurisdiction to make any recommendation with regard to the language. It was decided by this House that the question of language will be taken up when the report is taken up. So this has got to be considered by this House as a proposal or an amendment. The report could not have contained this recommendation. So this issue was out of place. We stand by that resolution which was passed by this House, and I am sure the time will come when the members of this House will give due weight to the claim and sentiments of the people of East Bengal and a solution, as we have been able to find with regard to other matters. will be found for the language also. Sir there was another point on which most of the time of the Honorable Members belonging to the opposition was taken that is with regard to the separate electorates. This very question was discussed threadbare and a full-dress discussions (lasting for several days) took place in this House, when separate electorate was acceded to the scheduled castes on account of their demand. You might have noticed that the other day Mr. Bhandara, who belongs to the schedule Castes........... Shri Dhirendra Nath Datta: He is not a scheduled caste. He belongs to minority community.
The Honorable Mr. Nurul Amin: Yes I am sorry. I withdraw.
Shri Sris Chandra Chattopadhyaya: He is a Parsi.
The Honorable Mr. Nurul Amin: May be a Parsi but he belongs to minority community.
Shri Dhirendra Nath Datta: He does not belong to East Bengal.
The Honorable Mr. Nurul Amin........... has welcomed separate electorate. The provision of separate electorates is made for the benefit of the minority community; but I know, Sir, I shall not be able to convince these honourable gentlemen here about the justice and fairness of separate electorates because they have got a set idea about that. But I am speaking for the people at large and out side this hall. I am sure that no amount of reasoning, 110 amount of argument, however, cogent it may be, will be able to remove the prejudice from their mind against separate electorates. These gentle men are not the people who represent the entire minority community.
(Interruption from Congress Benches)
The Honorable Mr. Nurul Amin: They do not represent the entire 'minority community. Here, Sir, you will find that the Scheduled Castes who have come in this House have come with a certain mandate from the Congress and some of them are stooges of the Congress people. They have come here by the votes of Caste Hindus who are against separate electorates.
Mr. Bhupendra Kumar Datta (East Bengal: General): It is only worthy of Mr. Nurul Amin to say so!
The Honorable Mr. Nurul Amin: Sir, only the other day there was a meeting in Dinajpur .......
A Congress Member: He can engineer such things.
The Honorable Mr. Nurul Amin: If I can engineer things then I must be a super-human being; let me have that satisfaction.
(Interruption)
The Honorable Mr. Nurul Amin: The motive behind the giving of separate electorates is far from creating division amongst Hindus. It is the demand of scheduled. Castes. It is for the creation of better scope for progress of the Schedule Castes Community which has been so long kept backward and down trodden.
Mr. A.K. Fazlul Hague (East Bengal: Muslim) 24th October, 1953:
...Sir, I felt it my duty to approach all political parties and extend invitation to the Leaders of all political thought to come and stand on the same platform, consider the whole situation and decide whether we should support these proposals reject them, or support them partially or reject them partially, whatever was the decision of the majority. On the 9th of October, Sir, I may told the House, that I collected nearly three lakhs of persons in Dacca-the biggest meeting that was ever held in Dacca. There, Sir, after discussion over six hours, a resolution was adopted unanimously by all the parties. It is printed and with your permission, I would read it to the House. The question is, Sir, is East Bengal behind these proposals, or is East Bengal opposed to these proposals? What is the opinion of the people of East Bengal regarding these proposals? There is no doubt that there are many members of the House from East Bengal who are supporting the proposals. Sir is it the support of the few members here that is wanted or do you want the support of the people of East Bengal? Have any of my friends here, who talk so loud about the support given, consulted a single person-man, woman or child-as regards these proposals and ascertained their views. They are giving their personal views. This is not representative and in the face of this unrepresentative character of the opinion that is being pressed here, let me read out to the House the Resolution adopted when I addressed about three lakhs of people, followed by a meeting at Mymensingh-a couple of lakhs-and another meeting at Comilla-a couple of lakhs, and so on. I have addressed these meetings already and when I go back and address more such meetings I will send number of persons who may have come forward to give their opinion. You copies of more Resolutions passed at meetings attended by a colossal. Sir, this is the opinion of East Bengal recorded at that mammoth gathering...
East Bengal's Reaction to the Constitutional proposals before the Constituent Assembly at Karachi.
Whereas the so-called agreed solution of Constitutional deadlock announced by the Prime Minister of Pakistan gives no indication of East Bengal's universal demand for complete zonal Autonomy on the basis of the historic Lahore Resolution of 1940 and recognition of Bengali as one of the State languages; And whereas the proposed Constitutional Solution deals only with composition and power of Federal Legislature and the election of the Head of the State and. Prime Minister, to the exclusion of all other aspects of a Constitution;
And whereas the creation of an undemocratic and retrograde Upper House is majority commanding confidence of the people to implement their policy and programme and by providing mandatory 30 per cent zonal support for acceptance of any measures gives constitutional sanction to undesirable zonal distrust and suspicion instead of encouraging mutual confidence and good-will and sanctions separate communal electorate stensively to safeguard communal interest but really designed to perpetuate reactionary leadership thriving upon communal hatred and jealousy:
And whereas the creation of an undemocratic and retrograde Upper House is deliberately designed to put a constitutional clog on popular and progressive schemes in the guise of checks and balances;
And whereas the House of Units is given powers co-extensive with the powers of the House of peoples; And whereas in the composition of the House of Units East Bengal has not been given the status of zone but East Bengal with a population of four and a half crore has been put on equal footing with Baluchistan and Karachi and other very small Units, the population of which will not exceed even forty lakhs;
And whereas the creation of an undemocratic and retrograde Upper House is silent about other reactionary recommendations of the Basic Principles Committee Report such as suspension of the constitution by the Head of the State according to his sweet will and behest and giving autocratic powers to the Head of the State to appoint or dismiss the Unit Cabinets without referring to wishes of legislature and the impediments placed by Basic Principles Committee on the independence of judiciary and the inviolability of the fundamental rights of the citizens;
And whereas the Basic Principles Committee Report fails to equalize the advantages of administration and justice and arranging alternative sittings of the government and federal court in Karachi and Dacca:
And whereas East Bengal during the last six years of consideration of constitutional problems has declared unequivocally in favor of a unicameral Federal Legislature directly elected by the people having two specified reserve subjects, namely Defense and Foreign Affairs, which means powers to raise Army, Navy and Air Force and maintain them in time of war and peace and deal with political relations with foreign countries and formulate the foreign policy:
And whereas a country's constitution cannot be considered and accepted piecemeal. but has to be placed before the people as a composite whole for their considerations;
It is hereby resolved that this meeting of the citizens of Dacca convened under the joint auspices of all political and cultural parties except the Muslim League to do hereby reject the constitutional formula announced by the Prime Minister and warns the Central Authority not to hazard imposition of any constitution unacceptable to the people.
It is further resolved that the people of the country have no confidence in the authors and supporters of the constitutional schemes and solutions announced by the Prime Minister on behalf of Muslim League Parliamentary Party and demands immediate dissolution of the consumable for fresh election of a constitutional Assembly directly by the people on the basis of universal adult franchise and on joint electoral system.
This meeting calls upon the people of the country to express their views! On this issue through press and platform from all districts, sub divisional and rural centres.
Now, Sir, as I have said, after this several meetings were held. What then, Sir is the position? Sir, I have got great respect and regard for all my friends who come from East Bengal-who are Members of this House-but let me remind them how we have been elected. The elections of 1946 were something like a miracle in disguise. In 1946, Pakistan had not been announced, nor had the British left, but it was known that the British would go and that Pakistan was in the offing. The Muslim League at that time was at the height of its glory and as a matter of fact it was the most disciplined party at that time in politics, and last but not least, the whole movement was headed by no less a person than the Quaid-i-Azam, who was at that time the most powerful political factor in the whole world. Sir, the position then was that the people knew that a ticket from the Muslim League would ensure their election.
The point is that my friends who thus came into the House represented none but their own selves. He got the ticket. He came here. He conquered and took his seat. Can he say:
"My view is that of the people of 16 districts of Eastern Pakistan?”He cannot say that.
This is the position. Sir. The best thing that can be done is that this Assembly should be adjourned until the Members of this House come in contact with the people of the country and then let them come and give their opinion. As regards Western Pakistan, the report is that it is all in their favor and I have no doubt about it.
Now, Sir, so far as this Report is concerned, it is a matter of great importance that if you could wait for 6'/2 years, why not waits for ten years or more, Let another generation come, and so on, till perhaps India itself will not be recognizable in this context. There is no need of constitution till then. Let us carry on as hitherto. Why should these constitutional reforms be shelved down our throat? I object, because, as I have already submitted, I have ascertained the views of the people of East Pakistan and they are definitely against it.
I do not know whether I can make suggestions but there are one or two of a very vital character so far as East Bengal is concerned. I ask the House, especially my friends from Western Pakistan, to consider the geographical position of Eastern Pakistan vis-a-vis the Centre, the seat of Government. We are in Eastern Pakistan; the Central Government is at Karachi. The Centre is on the circumference and consider, Sir, the disadvantages of the governed people who are governed from 2,000 miles away without any communications whatsoever which can bring the governed into close contact with the governors. It means coming by aero plane, in addition to the risk of your being through a crash and losing your life, you have to spend Rs.500 or 600. How many of us can afford this sum? If you want to file an appeal in the Federal Court, you have to go to Lahore and spend thousands of rupees. What harm have the people of East Pakistan done that 4Vi crores of them be put to this disadvantage. Why advantage should be given to Western Pakistan so as to make the people of Eastern Pakistan feel that they are not being fairly treated and you expect them to say that everything is quite all right in Pakistan. The fact is that, it is not all right in Pakistan. There is no>meaning in it. The least that can be done is that if the Centre is located at Karachi, the judiciary should be located in East Pakistan at Dacca or some other place. If the Army is located in Karachi, then the Navy should be located in East Pakistan. I need hardly say that East Pakistan has produced the best sailors whose feats of velour are known the world over. They have been engaged in increasingly large numbers by the Western countries, particularly British Merchant Shipping. These men hail mostly from Noakhali, Sylhet and Chittagong, who in turbulent waters, and days of war got up the ropes and can be trusted to keep the Ships afloat. Times without number they have proved their worth by their perseverance and presence of mind and everything that goes to make a good sailor. These are the only suggestions I can offer at the present moment. It is impossible to satisfy reasonable men in East Pakistan if you have the Federal Government at Karachi to administer East Pakistan from a distance of 2,000 miles. I will be asked if I criticize so much to give what my alternative suggestions are to the Basic Principles Committee's recommendations. I make only one suggestion: Let us feel in actual practice that we are fully autonomous: we have our own government; we make our own laws. Only we will not cut ourselves adrift from the other position. We will be cemented with the other position with as strong ties as are possible but we must have our own laws. It is quite evident, Sir, that if you frame a constitution which suits Baluchistan, the tribal areas of Baluchistan, Bahavvalpur and other states, it is likely that they may not suit Eastern Pakistan. Four and a half crores of inhabitants are there in East Pakistan. Twenty-five percent of this population happens to be non-Muslim. The position is quite different from Baluchistan where everybody is Muslim. You cannot have the same constitution for all the different units of Pakistan. It must be different from unit to unit. Leave East Pakistan to work out its own destiny.