Now, Sir, the question as regards grouping has entered a new phase with the Statement made by His Majesty’s Government on the 6th of this month, but I would not go into the merits of what they have said in that Statement. The only thing I would say is that it is a most astonishing Statement to be made by so august a body as His Majesty’s Government at this stage of the controversy. Be that as it may, I do not intend to go into its merits. Now, let us see what flows from that Statement. His Majesty’s Government have said that their interpretation of the Cabinet Mission Plan and the interpretation of the Muslim League agree, but they say: “Since you have agreed to refer the matter to the Federal Court, or since you say that the Constituent Assembly will do so, you may do so.” And then, we have the statement of Lord Pethick-Lawrence made only. Yesterday, clinching the matter by saying: “His Majesty’s Government would not budge an inch from their position even if you appeal to the Federal Court.” Now, Sir, what is the position? If we go to the Federal Court and the Federal Court gives a decision in favour of the view taken by the Congress, the Muslim League has categorically stated that it would not accept it. His Majesty’s Government say they would not budge an inch from their own view of the matter. Of course it is not within the jurisdiction of His Majesty’s Government, in my opinion, to say whether they would accept the Federal Court’s view or whether they would not, because it is entirely out of their hands. The Constituent Assembly makes the reference to the Federal Court and it is for the Constituent Assembly to say before it makes the reference that it will abide by the decision of the Federal Court. What will happen then? Assuming that the Federal Court’s decision is in favour of the view taken by His Majesty’s Government, what will be the position of those who have taken a contrary view? The only thing they can do in view of all the commitments they have made to individual Provinces and communities, is to move this Assembly for a modification of paragraph 19, which would more clearly express their view. The main difficulty is the method of voting in the Sections as the Secretary of States said in the House of Lords. If you leave paragraph 19 (v) as it is, it is certainly an arguable point that in the absence of any modification of the wording of that clause the voting must be by individuals and a simple majority would decide the question. It is certainly an arguable point. If we want that voting should be by provinces, it is necessary that we should propose a modification of that clause, and that modification can, I think, be done by this Assembly on a motion properly made. Now, are we going to do that? I suggest that, in view of what has come from His Majesty’s Government both in the Statement of December the 6th and in the speeches made in the two Houses of Parliament–I suggest that, in the new circumstances that have been created, the wiser thing to do is not to send a reference to the Federal Court but to take the other course which I have indicated, namely, that you bring up a resolution in this Constituent Assembly proposing a modification of clause 19 (v) which will provide that the method of voting should be by provinces, in the Sections so far as the grouping matter is concerned.
