3. Representation in Legislatures:
(1) The sub-committee decided by a majority of 28 to 3 that there should be no separate electorates for elections to the Legislatures. It was understood, in arriving at this decision, that it was open to the sub-committee to decide on any one of several methods of joint electorates that could be devised.
(2) As a general principle, there should be reservation of seats for different recognised minorities in the various Legislatures. This was carried by a majority of 26 to 3. The reservation shall be for 10 years, the position to be reconsidered at the end of that period.
(3) The sub-committee considered what minorities and in which Provinces may be given the right of reserved seats. For this purpose, the recognised minority communities were considered in three groups as shown below:
A-Population less than per cent in the Indian Dominion omitting States
- Anglo-Indians.
- Parsees.
- Plains tribesmen in Assam.
B-Population not more than 11 per cent
- Indian Christians.
- Sikhs.
C-Population exceeding 14 per cent
- Muslims.
- Scheduled Castes.
(4) Sir Homi Mody advanced the claim of his community for adequate representation in the Central and Provincial Legislatures. While the committee was of opinion that adequate representation should be provided for in response to this claim, it welcomed Sir Homi’s request to have more time to think over the matter and therefore the matter was left over for decision by the Advisory Committee.
(5) The sub-committee then examined the demand put forward by representatives of the Anglo-Indian community but thought it advisable that the question of both the minorities in ‘A’ group should be decided at the same time by the same body, viz., the Advisory Committee to whom the matter was decided to be referred.
(6) The representatives of the Indian Christians stated that so far as their community was concerned they did not like to stand in the way of nation-building. They were willing to accept reservations proportionate to their population in the Central Legislature and in the Provincial Legislatures of Madras, Bombay, Assam and East Punjab. In the other Provinces, they would have the liberty of seeking election from the general seats. They made it plain, however, that if any weightage was given to any minority in groups ‘B’ and ‘C, they would demand similar weightage though, on principle, they were against weightage being given to any community. The sub-committee accepted this position and decided to commend it to the Advisory Committee. Rajkumari Amrit Kaur dissented from the views of the other Christian members as she was opposed both to reservation and weightage for any community. A copy of her minute of dissent is attached.
(7) In view of the peculiar and uncertain position of the East Punjab and the position of the Sikhs, the sub-committee decided by a majority of votes (15 to 4) that the question of their representation be referred to the Advisory Committee.
(8) The sub-committee decided by 9 to 4 votes that no weightage be given to any minority in groups ‘B’ and ‘C’.
(9) It was decided by a majority of 8 to 2 that cumulative voting should not be permissible.
(10) The committee examined the proposal that a minority candidate standing for election for a reserved seat should poll a minimum number of votes of his community before he is declared elected. 7 members of the sub-committee voted for this proposal and 7 against it, and it was decided to refer it to the Advisory Committee.
(11) It was proposed that members of a minority community who have reserved seats should have the right to contest unreserved seats as well. This was accepted by the sub-committee in the case of both the Scheduled Castes and other minorities. Mr. Thakur Das Bhargava made the point and the sub-committee agreed that the position of the communities in East Punjab is so balanced that the whole question of East Punjab should be considered in the Advisory Committee independently of the decisions of the sub-committee.
(12) Dr. Ambedkar suggested that candidates of a majority community should, before being declared elected, poll a minimum number of votes from among voters of the minority communities in their constituencies. This was lost by a large majority, only Dr. Ambedkar voting for it.