DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE
CONSTITUTIONAL DEBATES

SUBJECT

HISTORY
(MOTIRAM BAIGRA, SHEIK MUHAMMAD ABDULLAH, RAMASWAMY
MUDALIAR)

NAME OF THE FACULTY

VISWACHANDRANATH MADASU

ASSISTANT PROFESSOR

NAME OF THE CANDIDATE

TULUGU SAI MALAVIKA

2019LLB071

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ACKNOWLEDGMENT

I’m highly indebted to my Hon’ble Professor, Vishwachandra Madasu, for giving me an

opportunity to work on Constitutional Assembly Debates (Motiram Baigra, Sheik Muhammad
Abdullah, Ramaswamy Mudaliar) and it is because of his excellent knowledge, experience and
guidance, this project was made with great interest and effort. I would also like to thank my
seniors who guided me for researching of the topic. I would also like to thank my parents for
their help at all the times. I would like to thank each and every one who helped me in doing this
project.

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ABSTRACT

Constitutional Assembly debates were the debates that were held in the Constitutional Assembly
which was set up based on the recommendations of Cabinet Mission Plan. The first formal
demand for the Constituent Assembly was made at the Swaraj Party Conference on 3 rd May,
1934 which rejected the White Paper proposals. The first meeting was presided over by
Sachidananda Sinha the then interim president.

CONSTITUENT ASSEMBLY MEMBERS

MOTIRAM BAIGRA

Baigra was an active person having a remarkable memory in Indian Independence Movement.
After completing his primary education, Baigra joined his father in business at Sundermani in
Lahore in 1929. It was during this time when the 'Swadeshi Movement' began. He was offered
ministerial berth thrice, twice by Sheikh and once by Bakshi which he had declined. Baigra had
also played a dynamic role in the Chenani Agitation. Land Reforms Movement was started
against the jagirdari system where the King used to take away everything he liked including land,
cattle and even the girls of poor farmers.

SHEIK MUHAMMAD ABDULLAH

Mohammed Abdullah Sheikh was a Kashmiri politician who played a central role in the
politics of Jammu and Kashmir, the northernmost Indian state. Referred as "Sher-e-Kashmir"
(Lion of Kashmir), Abdullah was the founding leader of the All Jammu & Kashmir Muslim
Conference (later renamed Jammu and Kashmir National Conference) and the 1st elected Prime
Minister of Jammu and Kashmir after its accession to India. He agitated against the rule of
the Maharaja Hari Singh and urged self-rule for Kashmir. He served as the 1st elected Prime
Minister of the Princely State of Jammu and Kashmir after its accession to India in 1947. and
was later jailed and exiled. He was dismissed from the position of Prime Ministership on 8 th
August 1953 and Bakshi Ghulam Mohammad was appointed as the new Prime Minister. The
expressions ‘Sadar-i-Riyasat’ and ‘Prime Minister’ were replaced with the terms ‘Governor’ and

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‘Chief Minister’ in 1965. Sheikh Abdullah again became the Chief Minister of the state
following the 1974 Indira-Sheikh accord and remained in the top slot till his death on 8th
September 1982.

N. RAMASWAMY MUDALIAR

Ramasamy Mudaliar, was born on 14 Yes October 1887 in the town of Kurnool and had his
schooling in Kurnool. He graduated from the Madras Christian College and studied law at
the Madras Law College. On completion of his studies, practised as a lawyer before joining the
Justice Party and entering politics. Mudaliar was nominated to the Madras Legislative Council in
1920 and served from 1920 to 1926 and as a member of the Madras Legislative Assembly from
1931 to 1934, losing to S.Satyamurti in the 1934 elections. He served as a member of the
Imperial Legislative Council from 1939 to 1941, as a part of Winston Churchill's war cabinet
from 1942 to 1945 and as the Indian Representative in the Pacific War Council. He was India's
delegate to the San Francisco Conference and served as the first President of the United Nations
Economic and Social Council.

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CONTENTS

ACKNOWLEDGMENT…………………………………………………………………02

ABSTRACT…………………………………………………………………………...03

SYNOPSIS…………………………………………………………………………….06

1. RAMASWAMY MUDALIAR………………………………………………………....07

PERSONAL LIFE………………………………………………………………………07

ROLE IN CONSTITUTION MAKING……………………………………………………07

ROLE IN THE CONSTITUTIONAL ASSEMBLY DEBATES………………………………08

2. MOTIRAM BAIGRA………………………………………………………………...11

3. SHEIK MUHAMMAD ABDULLAH…………………………………………………..15

PERSONAL LIFE………………………………………………………………………15

ROLE IN CONSTITUTIONAL ASSEMBLY DEBATES…………………………………… 19

CONCLUSION…………………………………………………………………………24

BIBLOGRAPHY……………………………………………………………………….25

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SYNOPSIS

OBJECT OF THE STUDY:

The object of the study is to know about contribution of the constituent assembly in bringing out
the Constitution of India.

SCOPE OF THE STUDY:

The scope of study is limited to only three constituent assembly members. They are Motiram
Baigra, Sheik Muhammad Abdullah, Ramaswamy Mudaliar

SIGNIFICANCE OF THE STUDY:

The study helps to understand the how the members contributed to the making of Constitution of
India

LITERATURE REVIEW:

Information is taken from secondary sources like articles, online sources

RESEARCH METHODOLOGY:

The research methodology is doctrinal type of research.

TYPE OF RESEARCH:

The research is descriptive, explanatory.

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RAMASWAMY MUDALIAR
PERSONAL LIFE
Ramaswamy Mudaliar was born on 14th October 1887 in Kurnool, Andhra Pradesh. Along with
his twin brother, he obtained his undergraduate degree from the Madras Christian College. At
College, he read ardently and organized student debates. Later, he went on to obtain a law degree
from the Madras Law College. He began practicing law in the Madras High Court from 1911.
Within a short span of time, he became one of the prominent lawyers in Madras. 
His eloquence and popularity as a lawyer provided him with several political opportunities. In
1917 he joined the Justice Party and rose to be one of its notable members. As a member of the
Madras Legislative Council, he took a deep interest in reforming education and was instrumental
in the passing of key educational laws including Madras Education Act, 1920 and Madras
University Act, 1923.
Several international delegations including Joint Parliamentary Committee on Constitutional
Reforms for India, British Commonwealth Relations conference and India’s delegation to the
pacific relations conference benefitted from Mudaliar’s active involvement.

ROLE IN INDIAN INDEPENDENCE MOVEMENT

Mudaliar led the Justice Party delegation in the Joint Parliamentary Committee on Constitutional
Reforms in India. He took an active part in the Round Table Conferences. 

ROLE IN CONSTITUTION MAKING

Mudaliar represented the Mysore State. He strongly advocated for a strict federal structure and
intervened in a debate pertaining to fiscal federalism. 

AFTER INDEPENDENCE

Post-independence, Mudaliar had a prolific career in international relations. He headed numerous

Indian delegations to the UN. In 1946 he was elected the first President of the United Nations’

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Economic and Social Council. He also went on to serve as the chair of the executive boards of
the WHO and UNESCO. 

The government awarded Mudaliar with the Padma Bhushan in the year 1954 and the Padma
Vibhusan in 1970.

ROLE IN THE CONSTITUTIONAL ASSEMBLY DEBATES

IN VOLUME V, 21ST AUGUST 1947

Sir A. Ramaswamy Mudaliar by intervening the debate addressed the president stated that
though his preliminary duty is to speak behalf of states he don’t want to be understood in that
way, he wanted to express his frank views towards the subject under discussion and wanted to
speak on behalf of all the units of federation. Further he stated that everyone in the assembly
have a feeling that center should be strong and it’s a tug of war between Center and provinces
and also said that we want a center which should be fearless while executing its policy. Further
stated that it is with a desire to make federation success and Federation should be comity if
nation, states contribution will be second voice during the international gatherings. He said that
center should exercise its and addressed president with a hope of accepting his views regarding
empowering central government. Made his speech clear by reminding that president have
responsibilities to provide free education, medical and suggested many other things. Further
submitted his submissions by considering his friends submissions and by supporting their views
he suggested new views, and expressed that powers should be distributed between center and
provinces which are provided in the union powers committee. Said to consider the proposals of
various friends who were present in the assembly by quoting there said things.

Later, he strengthened his suggestions on center responsibilities on building nation and

strengthening defense and said that defense power should be with center and explained the
necessity of center defending the country, and said that how center should think about citizens
and how they should be developed for development of the country.

In paragraph 5.39.47, he expressed his opinion on some taxation and how revenue shall be
divided and shared and discussed about some goods and discussed elaborately on some goods

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and revenue which are going to be collected from small agricultural lands and questioned
regarding all these issues.

Expressed his views on how taxes may affect if center starts taxing each and everything and
expressed his clear voice over what should be taxed and what should be relaxed and how center
should apply its powers over collecting taxes whiteout affecting tribal’s, boats, animal’s people
and entrepreneurs. He discussed on the taxes which are to be imposed on road transport vehicles
and electricity which is to be provided to industries.

Next he brought the attention on cess imposed on consumption goods entering local places and
taxes which are to be imposed on luxuries, entertainment and gambling etc, suggested from what
provinces can get substitution revenue.

Explained the feasibility of provinces in collecting tolls and explained can tolls bring revenue or
not, said the present situation regarding tolls.

Answered that tolls are being abolished and most of the states don’t have tolls.

He wanted to make a comment regarding the court fee which is unknown and uncertain source of
revenue.

He said that retention by federation would disturb process, recommended provision should be
made assignment, and with all subjective clauses this source of revenue is not a good source of
consolation to provinces and expressed his doubts regarding the state ministers won’t be happy
with these affairs.

He discussed about the revenue for various federations. Our federation is unique in many
respects as it was pointed out by G.L. Mehta. He also said that the assembly should also take into
consideration that the subsisting standards everywhere and the facts as they are and, with
reference to them, for the time being at least, frame the Constitution. There is one Fundamental
fact that which has been ignored and which has come into vogue during the war period a new
method of increasing the sources of revenue. While the provinces have nothing except the
definite and declared sources of revenue the Centre has one inexhaustible source of revenue he
says. He also said that he had known all what was happening during the last few years. The old
idea that the currency of a country should have a fiduciary backing, that there should be gold or

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silver or something of the kind behind the note issue has gone waste in all countries. Today our
currency has not got that backing. No country in the world, excepting the United States of

America and Switzerland, has got that fiduciary backing which at one time was insisted upon for
all paper currency. Now you can increase your currency at a tight moment. You can issue
treasury bills. You can issue your own currency; he didn’t support this system because it leads to
inflation and all that sort of danger. He is among the one who believes that inflation has to be
brought down as far and as quickly as possible. It is the Centre alone that can bring it down. He
said that in the midst of the emergency when they cannot turn to another source of revenue they
can expand this source as other countries have done in abnormal times. Whereas in a province
turn. At times it can float loans. But as history has shown, it cannot always lead to success. In
that plight, I venture to think that provincial autonomy, even on the few subjects that have been
entrusted to a province will be of a poor kind indeed.

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MOTIRAM BAIGRA

Standing a witness to "India's Independence", achieved on August 15, 1947 after a great struggle
and sacrifices, Motiram Baigra, a former parliamentarian and Jammu and Kashmir state
legislator had mixed reactions of happiness and sadness on seeing it entering its 50th year. He
breaks down while narrating the tales of freedom struggle and the torture to which Indians were
subjected to by the Britishers fifty years ago.
"I.I...I still have those memories fresh in my heart when women were being dragged out of their
homes, youth beaten mercilessly by the police while not even sparing the children and old for
protesting against them," like this Baigra spoke with heavy heart.
At the age of 89, Baigra was an active person having a remarkable memory and great sense of
humour. A living legend, he finds himself fortunate enough to see the Golden Jubilee
celebrations of India’s Independence Day. In an exclusive interview to 'The Kashmir Times', in
his small but cozy and comfortable room, at Udhampur, Baigra feels that the country, during the
past fifty years has progressed a lot in terms of science and technology, education, defense,
developments, agriculture and what not. However, he feels pity for the people of the country
who, according to him, have lost a sense of moral values. "Instead of working for the betterment
of the country and safeguarding the independence, they have developed vested interests." Not
having a good opinion of the leadership of the country as well as the state, he says that everyone
had exploited the sacrifices of patriots.

Baigra, a living legend who took active part in the freedom struggle quickly recalls the memories
of his old days and narrates them. After completing his primary education, Baigra joined his
father in business at Sundermani in Lahore in 1929. It was during this time when the 'Swadeshi
Movement' began. A current of freedom struggle had spread all over the country and in every
city and town, people used to come out on the roads and protest against the Britishers. The
horrifying scenes of people including even the women and young children dragged by their hair
and ruthlessly beaten up or taken to jails had already left an impact on his mind. The trauma of
death sentence to the great martyr of Punjab, Bhagat Singh was also fresh in the minds of the

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people all over India, especially Punjab People were visibly horrified and angry. As a young
man, Baigra too, was tormented by all this and began to nurture within his heart a will to do
something against all this injustice.

"One day in 1937, people taking out a rally halted in front of my shop and started burning their
clothes and other foreign goods as a mark of protest. It was a part of the Swadeshi Movement
and there was great emphasis on the boycott of foreign goods. Everyone seemed so enthusiastic.
I was also deeply touched by the scene, I also took off my clothes and threw them into the fire,"
he said.

This was just the beginning of his great leap towards the freedom struggle. From that day he
never looked back till the moments of freedom finally came. He said that hundreds of people
used to come out of their homes and attack the liquor shops and establishments selling foreign
goods. The Indians helping the Englishmen were teased and called 'Todibachha' (anti-national). .
Baigra did not stop here and his passion for the freedom struggle took him close to Communist
leader Dhanwantri, who was studying in DAV college at Lahore. He also got associated with Dr
Gopichand Bhargava, Dr Narang and Mian Ifthikar-u-Din who used to hold frequent meetings to
chalk out the future course of action of their struggle against the Britishers.

When asked about his association with Dhanwantri and how they parted ways by the jouranalist,
he himself being a non communist leader throughout his career, he says the goal was the same
but the paths differed, yet, we were in close contact with each other. "In fact, there were times
when I offered moral or financial support to Dhanwantri and his men. Once he and I went to
Sanasar where I used to make him practice gun shots. Dhanwantri, once looted a bank and I
helped him in getting a safe refuge thereafter," he disclosed.

Those were the days when Jinnah's movement for a separate nation-Pakistan had also begun, he
recalls. Then came partition when Muslims were having impressions that a separate country
would be made. Two news papers - 'Pratap' and 'Milap' played a major role during that era.
Mahatma Gandhi was never in favor of partition but Pandit Jawaharlal Lal Nehru and Sardar
Patel were bent upon finalizing this proposal. Later in the last working committee meeting the
proposal of partition was agreed upon.

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Going down the memory lane, Baigra said during those very years he talked to people and
sought their opinion with regards to Kashmir. Mian Ifthikar-u-Din, an advocate came to the
rescue and said that 'Kashmir' can be saved by Sheikh Mohammad Abdullah alone so it was
imperative to as society with him.

Without giving a second thought to it I joined Sheikh Mohammad Abdullah. I also realized that
Sheikh Abdullah was indeed a leader of the masses, he said. To recall the glory of Sheikh
Abdullah, once I saw people right from Banihal to Hazuribagh standing on both sides of the road
to give a rousing reception to him. There were men, women and children all enthusiastic to have
a glimpse of their leader. When once he spoke at a rally organised in Hazuribag, the applaud was
amazing. "I then realised that Sheikh lived in the hearts of people and now was convinced more
than ever that he would shape the future of Kashmir. Sheikh also left the Muslim Conference and
formed National Conference to involve people of all sections of the society and religions. I
listened to Sheikh for the first time at Mohri Gate in Lahore where he was addressing a
mammoth gathering. Few people tried to disturb the proceedings but when Sheikh continued,
things remained unchanged with people continuing to listen patiently. Later when he gave the
slogan of Quit Kashmir, I joined him. Sheikh was arrested and kept in Ramnagar jail."

Yet, despite his good relations with him, Baigra often used to have differences with the Sheikh
on certain points and this continued till the very end. At many times, he openly criticised Sheikh
Abdullah, yet the latter always had great regard for him and often sought his advice on certain
issues.

Baigra, a man with simple and facile nature had also declined to Sheikh Abdullah's proposal of
giving him a ministerial berth in his cabinet. "I did not accept the offer for I was not educated
and never wanted to befool people by ruling on them with vested interests," he said firmly. "I
would have made a mockery of the government by offering the seat. I do not have any regrets
today in doing so." After that Baigra left National Conference due to some political differences
in the party after Sheikh was put behind bars in 1957. GM Sadiq formed the Democratic
National Conference which he joined. Baigra got elected as MLA from DNC. This also did not
work for too long as things started worsening with lot of interference from Pandit Jawahar Lal
Nehru from New Delhi in the politics of Kashmir. Later in 1962, G M Sadiq formed the

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government in Jammu and Kashmir. Baigra appreciated the step initiated by the Chief Minister
against corruption and extended his support to him.

He was offered ministerial berth thrice, twice by Sheikh and once by Bakshi which he had
declined. During the Sheikh Abdullah's reign, Pakistan never dared to destabilize Jammu and
Kashmir state. It was after his son Dr Farooq Abdullah took over that Pakistan disturbed the
economy and peace of the state badly, he said.

Baigra had also played a dynamic role in the Chenani Agitation. Land Reforms Movement was
started against the jagirdari system where the King used to take away everything he liked
including land, cattle and even the girls of poor farmers. There was total anarchy and men were
tortured and beaten up severally.

It was against this that he struggled in close and active associations of freedom fighters like
Tarlochan Dutt, Sadhu Ram, G L Dogra, K D Sethi and Ram Pyara Saraf.

On the eve of Independence Day in 1947 in Jammu and Udhampur, he was the first one who got
affected. He and his family had to shift to Jammu and leave their home and hearth. He recalls
how he acted as a messenger of peace and also regrets the manner in which Maharaja Hari Singh
played a negative role instead of saving the state.

Referring to Article 370, Baigra said it had been exploited by the rulers of Kashmir and Jammu.
The BJP leaders do not even know the meaning of this. He accused all the political parties of
having played with the sentiments of people and exploiting the sacrifices of great freedom
fighters.

Motiram Baigra passed away on 28 May, 2002 at Udhampur, Jammu and Kashmir at the age of
94.

He didn’t take part in any constituent assembly debate.

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SHEIK MUHAMMAD ABDULLAH

PERSONAL LIFE

He was born on 6th of December in 1906 that, Abdullah was born, at Sowra, on the outskirts of
Srinagar. His father dealt in shawls. Abdullah received his education first in the local schools,
and later at the Is lamia College, Lahore, wherefrom he graduated. Immediately after, he went to
the University at Aligarh, where he took his degree of Master in Science. It was here that, he
embarked on the voyage of rescuing Kashmir from the humiliations of an iniquitous feudal
order. He started two journals, 'Mazloom Kashmir,' and 'Kashmiri Musalman,' both portraying
the tormented and tortured humanity of Kashmir.

He was a Kashmiri politician who played a central role in the politics of Jammu and Kashmir,
the northernmost Indian state. Referred as "Sher-e-Kashmir" (Lion of Kashmir), Abdullah was
the founding leader of the All Jammu & Kashmir Muslim Conference (later renamed Jammu and
Kashmir National Conference) and the 1st elected Prime Minister of Jammu and Kashmir after its
accession to India. He agitated against the rule of the Maharaja Hari Singh and urged self-
rule for Kashmir.1

He served as the 1st elected Prime Minister of the Princely State of Jammu and Kashmir after its
accession to India in 1947,2 and was later jailed and exiled. He was dismissed from the position
of Prime Minister ship on 8 August 1953 and Bakshi Ghulam Mohammad was appointed as the
new Prime Minister. The expressions ‘Sadar-i-Riyasat’ and ‘Prime Minister’ were replaced with
the terms ‘Governor’ and ‘Chief Minister’ in 1965. Sheikh Abdullah again became the Chief
Minister of the state following the 1974 Indira-Sheikh accord and remained in the top slot till his
death on 8 September 1982.

1
Guha, Ramachandra. "Opening a window in Kashmir." Economic and Political Weekly (2004): 3905-3913.
2
The Myth of Indian Claim to Jammu and Kashmir: A Reappraisal. World Kashmir Freedom Movement.

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In accordance with the wish of the Government of India, the Maharaja Hari Singh appointed
Sheikh Abdullah, once his fiercest enemy, as Head of the Emergency Administration on 30 th
October 1947,3 to work with Mehar Chand Mahajan who was still Prime Minister of the state.
There was no clear demarcation of the power between the two Mahajan and Abdullah.4 However,
Sheikh Abdullah very soon overshadowed the administration because, he derived his real power
from popular support and compulsions of the political situation, where as Mahajan was backed
by Maharaja, w ho's own position had turned very weak after the Poonch revolt, the tribal
invasion and after he signed the Instrument of Accession with India. For India Sheikh Abdullah
was the key factor for winning the plebiscite, which Nehru had promised. Thus, Nehru throw his
full support behind Abdullah rejecting all complaints made against him by the Maharaja, the
Mahajan and not least by his own deputy Sardar Patel.

For Nehru, who was known for his obsession for Kashmir, "the only person who can deliver the
goods in Kashmir is Abdullah, I have a high opinion of his integrity and his general balance of
mind. He may make any number of mistakes in minor matters, but I think he is likely to be right
with regard to major decisions. Thus, Sheikh Abdullah was all set to control full authority of the
state administration on 5th March, 1948, w hen he was nominated to the office of Prime-Minister
and the Emergency Council was converted into a regular Council of Ministers. Giving complete
legitimacy to the Sheikh Abdullah as a popular leader Nehru claims that "the present government
of Kashmir, (headed by Abdullah) was not down there from the air; they represented the popular
organization (National Conference) and remained there because of their own strength and not
because of legal sanctions alone.5

Liaquat Ali Khan, the Pakistan Prime Minister said in late November 1947: "Sheikh Abdullah
has been a paid agent of Congress for the last two decades and with the exception of some
gangsters he has purchased with Congress money, he has no following among the Muslim
masses. It is astonishing that Pundit Nehru should proclaim this quisling to be the acknowledged
leader of the Muslims of Kashmir.6

3
Lord Bird w ood, Two N ations and Kashm ir, London, 1956, p .176.
4
Alistair Lamb, K ashm ir: A D isputed Legacy, Karachi, 1993, p .184.
5
quoted in P.N. Bazaz, Truth A bout Kashmir, Delhi, 1950, p.7.
6
Cited in A.G. Noorani, The Kashmir Question, Bombay, 1964, p .61

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These claims from the Pakistan leadership only encouraged Sheikh Abdullah to become a vocal
advocate of Kashmir's accession to India and to curb sentiments in favor of Pakistan in his state.
Also it was in this context that Sheikh Abdullah made his impassioned speech to the Security
Council of the United Nations in February 1948. Parts of the speech are worth quoting:

"When the (Pakistan) raiders came to our land, massacred thousands of people....... and almost
reached gates of our summer capital, Srinagar, the result was that the civil, military and police
administration failed.... In that hour of crisis, the National Conference came forward with its
10,000 volunteers... They started guarding the banks, the offices and houses of every person in
the capital... I had thought all along that the world had got rid of Hitlers... but from w hat is
happening in my poor country, I am convinced they have transmigrated their souls into
Pakistan... The (plebiscite) offer (was) made by the prim e minister of India when, I think, he had
not the slightest need for making it, for Kashmir was in distress... I refuse to accept Pakistan as a
party in the affairs of Jammu and Kashmir; I refuse this point blank... we have seen enough of
Pakistan.

Sheikh Abdullah's advocacy in favor of Kashmir's accession to India was not for nothing. For he
was assured by the Congress leaders particularly by Nehru, that the internal autonomy of state
will be respected.8 The restriction of Center's authority only to defense, communications and
external affairs as was clearly mentioned in the Instruments of Accession was another attraction
for Sheikh Abdullah.

Even at the time of framing of Indian Constitution, Abdullah demanded that the Jammu and
Kashmir state be treated as a special case and given the fullest degree of autonomy consonant
with the Act of Accession.7 He resisted the application of even the provisions for fundamental
rights, citizenship and directive principles in the Constitution of India to Kashmir, since these
provisions, he w as convinced, will create hurdles in the implementation of his 'New Kashmir'
scheme.

Thus, Article 306-A (later to become article 370) of the Indian Constitution endorsed the special
position of the state of Jammu & Kashmir and guaranteed its internal autonomy, though it was
made clear that the Article was a temporary arrangements, pending final settlement of the
7
B. Shiva Rao, The Fram ing o f Indian C onstitution: Selected D ocum ent, vol. IV, N ew Delhi, IIPA, 1968, p .
556.

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Kashmir dispute. It affirmed that New Delhi's jurisdiction in Jammu and Kashmir would remain
limited to the three categories of subjects specified in the Instruments of Accession. After India
became a republic in January 1950, Article 306-A became the basis of Article 370 of the Indian
Constitution which asserts Jam m u and Kashmir's autonomy within the Indian Union. Under
Article 370's provisions, India's federal government can legislate even on the three categories of
subjects within its competence only "in consultation with the Government of Jammu and
Kashmir state: and on other subject in the Union list only with "the finial concurrence of the
Jammu and Kashmir Assembly:"8

Encouraged by assurances of Indian leaders and the legal guarantees by the Indian Constitution
to respect the autonomous urge of the state's people, it is no surprising then, that Sheikh
Abdullah repeatedly justified his movement's decision to side with India in the ringing rhetoric
of ideological and programmatic affinity. In a lengthy speech to the inaugural session of the Jam
m u and Kashmir Constituent Assembly in November 1951, for example, he praised India's
democratic and secular credentials, derived Pakistan as a feudal country without a written
constitution, and dismissed full independence for Kashmir as a utopian idea.13 While this
remained his official position and public discourse, privately Sheikh had already developed
second thoughts as early as in 1948.

Although lacking any administrative experience, after taking over as the head of the state
administration Sheikh Abdullah was too enthusiastic to translate his New Kashmir manifesto',
first published in 1944 in to practice, because, as he noted in his autobiography, "United Nations
agents and their reports could not slow the tempo of events in the valley. We continued to mould
our country according to our own principles and ideologies.9

But far from being a unified entity, the state Abdullah inherited from the Dogra Maharaja was
only half the area of the princely state of Jammu and Kashmir, a fact made clearer when India
and Pakistan agreed to a ceasefire in December 1948. In fact Sheikh w as too reluctant to include
those areas in his state where he remained unpopular. He suggested to the members of the United
Nations Commission for India and Pakistan in Srinagar that he saw the only solution: "that is the
division of the country if it is not achieved, the fighting will continue; India and Pakistan will
8
Justice A.S. A nand, The Constitution o f Jam m u an d K ashm ir; Its D evelopm ent and Com m ents, Delhi, 1995,
pp. 121-128 see also Sumantra Bose, K ashm ir: Roots o f Conflict Paths o f P eace, N ew Delhi, 2003, p. 59
9
Sheikh M oham m ad Abdullah, A atish-i-Chinar, Srinagar, pp. 487-488.

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prolong the quarrel indefinitely and our people's suffering will go on." 10 He was suggesting
division of the areas w here the Muslim Conference w as predominant. Quit ironically, in the
same manner w hen during 1970's, a movement was launched in Jammu and Ladakh provinces
in favor of provincial autonomy posing a challenge to Abdullah's authority, he again showed his
willingness to the division of the state. His efforts to homogenize his power base by eliminating
all opposition proved destructive. Kashmir continued to be divided.

VOLUME VIII

FRIDAY, THE 27TH MAY 1949,

N. Gopalaswami Ayyangar says, In October 1947, accession took place. Soon after that took
place, the Maharaja set up an emergency administration the head of this was Sheikh Mohammed
Abdulla, the leader of the most popular party in Kashmir. In March 1948, he substituted for this
emergency administration what he called a popular interim Government, consisting of a Council
of Ministers. He called Sheikh Mohammed Abdulla to accept the office of Prime Minister and
left it to him to choose his colleagues. This Government was to work on the principle of joint
responsibility. In the Proclamation that he issued setting up this new Government, he made no
reference to the Praja Sabha, but called upon this new Government, as soon as peace had been
restored, to convoke a National Assembly which should proceed to frame a Constitution of the
State. At present, the old Praja Sabha is dead; the new National Assembly has not come into
existence, because if conditions not having settled down to that level of peace and tranquillity,
and also of economic and political equilibrium which alone can justify the convoking of the
National Assembly.

He also states that the then Prime Minister should choose the council of ministers. The Prime
Minister happens to represent the largest political party in the State. Apart from that, we have got
to remember that the Prime Minister and his Government are not based upon the Praja Sabha
which is dead, but based rather upon the fact that they represent the largest political party in the
State. Therefore, it is only appropriate that the head of this Party who is also the Prime Minister
should have the privilege of advising the Ruler as to who would be the proper representative of
Kashmir in the Constituent Assembly. That is why we have made this suggestion.

10
Cited in Joseph Korbel, D anger in Kashmir, p. 147.

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It would produce a certain amount of intimate relationship between this Constituent Assembly
and the Government and people of Kashmir. Those representatives would come here and take
part in the further proceedings of this House. As honorable Members are aware, most of the
articles relating to the provinces and States are yet to come up for consideration and it is only
right that Kashmir should have the opportunity to participate in the discussions which will
finalize those articles.

VOLUME X 1949

In the meantime, the Indian Constituent Assembly adopted article 370 on 17 October, 1949,
through which the powers of the Indian Parliament to make laws applicable to the state of
Jammu and Kashmir were limited to

1. those matters in the union list and the concurrent list which in consolation with the
government of the state, are declared by the president to correspond to matters specified in the
Instrument of Accession governing the accession of the state to the dominion of India as the
matters with respects to which the Dominion legislature may make laws for that state; and

2. Such matters in the said Lists as with the concurrence of the government of the State, the
President may by order specify

This was broadly in accord with Abdullah's stand, but as he was pressing for iron-clad
guarantees of autonomy, he was upset that certain phrases were not in accord with the
compromise he had accepted. He showed his disapproval for the Article was being described as a
"temporary provision". He felt disappointed that he and his colleagues representing Kashmir
were not given a chance to speak in the Constituent Assembly and wrote to Gopalswami
Ayyangar- the main architect of the article: "As I am genuinely anxious that no unpleasantly
situation should arise, I would request you to see that if even now something could be done to
rectify the position. In case I fail to hear from you within a reasonable time, I regret that no
course is left open for us but to tender our resignation from the Constituent Assembly."11 Thus
from the very birth of the Article 370, suspicious and reservations remained its inseparable part.

11
Sardar Patel's Correspondence, Vol. 1, op. cit, pp. 306-310.

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The Constituent Assembly adopted the Constitution of India on November 26, 1949 which
became fully operational on 26 January 1950. On the same day the President of India made the
first Constitution (Application to Jammu and Kashmir) Order, 1950 under Article 370 of the
Constitution which confirmed strictly the terms specified in the Instrument of Accession. 12 This
Order further specified in two different Schedules the powers of the Union and the applicability
of the Constitution.96 It was already declared by the government of India that "it was the people
of the State of Jammu and Kashmir, acting through their Constituent Assembly, who were to
finally determine Constitution of the state and the jurisdiction of the Union of India."13

In May 1951, the Yuraj Karan in the capacity of Regent issued a proclamation convoking a
Constituent Assembly on the basis of universal adult franchise and secret ballot. This assembly
comprised of forty three representatives from the Kashmir Valley, thirty from the Jammu region,
and two from Ladakh. Twenty five additional seats were left vacant for the areas of Pakistan
controlled Kashmir, making a nominal total of one hundred. The process of elections did not
begin auspiciously. The authoritarian ways of the National Conference government were
reflected in these elections and the manner in which these were held make a mockery of any
pretence of a democratic process and set a grim precedent for future "free and fair elections" in
Jammu and Kashmir.

The National Conference won all the 75 seats of the Constituent Assembly. Interestingly enough,
as m any seventy-three members were returned unopposed. Not only this, the remaining two
seats were also captured by the ruling National Conference without any contest, "for the
opposition candidates either boycotted the elections or withdrew candidature at the last moment.

The Jammu and Kashmir Constituent Assembly met on October 31, 1951. This moment
represented the apogee of Abdullah's political career. But it also provided a target on which his
opponents could concentrate their volleys. Sheikh Abdullah set the following tasks before the
Constituent Assembly for deliberation;

1. Framing a Constitution in accordance with the aspirations of the com m on people.

2. Confirming the measures adopted to abolish the Jagirdaris, Chakdaris and big land ownership;

12
Report o f the State A utonomy Committee, op. cit. p. 26
13
DD Basu, op. c it, p. 256.

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3. The future of Royal dynasty;

4. Deciding about the accession

In an outstanding inaugural address to the Constituent Assembly on November 5, 1951,

Abdullah set the parameters on each of the above mentioned tasks. It will be in place to cite
some extracts of the speech for a proper understanding of his views regarding some crucial
issues regarding the nature of the future Constitution of the State. Sheikh Abdullah made it clear
that it should be based up on the democratic principles of "equality, liberty and social justice"
and "the rule of law should be the cornerstone of our political structure. 14 He emphasized that the
future constitution should reflect the philosophy of 'New Kashmir' which defines the State
Constitution as "an apparatus of social organization w herein people govern through their chosen
representatives and are themselves guaranteed political and civil liberties.

Sheikh Abdullah was keen to get a resolution passed in the Constituent Assembly confirming the
State's accession with India, but was stopped by Jawaharlal Nehru. Nehru wrote to Abdullah on
August 18, 1951 that, "it would be unwise for the assembly to do something right at the
beginning which might bring it in conflict with the Security Council." He further advised that
"no reference be made to the question of accession to India... for some time. In June 1952 Nehru
told a press conference: "w hen the Constituent Assembly met in Kashmir for the first time I
might inform you that it was its intention to pass forthwith a resolution confirming the state's
accession to India. In reality both, Nehru as well as Abdullah was playing a duel game. Although
publicly Sheikh was all sanguine of his state's relation with India, privately he had expressed his
doubts as early as in the late 1948. In the same manner Nehru's regard for United Nations
resolutions which stressed on a plebiscite in Kashmir was only a public homage to that. Privately
he had already rejected the plebiscite option in 1948. This dual talk created a mess in 1953 which
led to the dismissal of Sheikh.

For framing a suitable Constitution the Assembly appointed several sub-committees. But since
constitution making w as slow process, it was decided that the Constituent Assembly should
covert itself into legislature of the State. The committee on Land Compensation submitted its
report to the Constituent Assembly in its second session (27 M arch 1952), and expressed itself
14
Jammu and Kashmir Constituent Assembly, Opening Address by the Hon'ble Sheikh Mohammed Abdullah, op.
cit.

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against the payment of any compensation and said inter alia in its report: "w hat was robbed from
them immorally and what is due to them morally, for that they are being asked to pay to those
who got it without morality. While presenting the report, Mirza Afzal Beg, the Minister for
Revenue, said that they had recommended no compensation, in spite of the specific provisions in
the Indian Constitution in this regard, because "this part of the Constitution of India is not at all
applicable to the state of Jammu and Kashmir. By 31 M arch 1952 the Assembly unanimously
approved the Committee's recommendations against payment of compensation.

The second important issue which came for discussion was the future of Kashmir's Royal
dynasty. On 10 June 1952, the second day of the third session of the Jammu and Kashmir
Constituent Assembly, Sheikh Abdullah presented the Interior Report of the Basic Principles
Committee which sought the Assembly's opinion on the issue of the status of the head of the
state. The report stated that "the institution of monarchy is a relic of the feudal system which was
based on mass exploitation of the resources. The system opposed to the aspirations of the people
for an untrammeled democratic order.

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CONCLUSION

The constituent assembly debates spanned for a period of 2 years, 11 months and 18 days. It
began on 9th December 1946 and ended on November 26, 1949 it was concluded by adopting
few provisions of the constitution on the same day. Those provisions of the constitution which
came to force immediately are Article 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 391, 392 & 393.
Rest of the provision come into force from January 26 1950 as mark of remembrance of poorna
swaraj Day.

The Constitution of India is important in various dimensions to the People of India. Such
Constitution was an effort of many leaders. Each and Every article in the constitution was drafted
after referring to many constitutions of different countries by the Drafting Committee. Later, the
members of constituent assembly paid attention to every article. They discussed every article at
length and amended accordingly. They spent their valuable time in bring out a long-written
constitution. Each and every member’s contribution to the constitution is of great importance.
But most of them were not known to the people. Only people like Rajendra Prasad, B.R.
Ambedkar, Jawharlal Nehru and such other members were known. But there were many unsung
men and women in the process of Constitution making.

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BIBLIOGRAPHY
 http://www.kashmirtimes.com/
 https://www.constitutionofindia.net/
 https://books.googleusercontent.com/

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