MOTILAL NEHRU : ARCHITECT OF EARLY INDIAN CONSTITUTIONAL THOUGHT

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Picture Courtesy: India Today

Context:

Motilal Nehru's death on 6 February 1931 was a pivotal and high-stakes period for India’s struggle for independence. His contribution will always be remembered for his report and legislative role.

Motilal Nehru:

Early Life: Motilal Nehru was born in Agra to Gangadhar Nehru and Jeorani. His father, who had served as the Kotwal of Delhi, migrated to Agra following the Revolt of 1857 and passed away shortly before Motilal’s birth. Raised under the care of his elder brother, the family later moved to Allahabad, a shift that would shape Motilal’s educational and professional journey.

Education: Motilal Nehru received his early education in Allahabad and qualified for the High Court in 1883. He subsequently went to Cambridge University to train as a barrister. After returning to India, he began his legal practice in Kanpur and later settled in Allahabad, where he emerged as one of the most successful lawyers of his time. His flourishing practice brought him considerable wealth and a westernised lifestyle in his early years.

Personal life: Despite being raised in modest circumstances, Motilal ensured a life of comfort and high-quality education for his children, including Jawaharlal Nehru. Notably, he supported the education of his daughters at a time when it was socially uncommon, reflecting his progressive outlook.

Entry into the National Movement: Motilal Nehru joined the Indian National Congress and gradually became an influential figure in the freedom struggle. He served as the Congress President twice—first in 1919 (Amritsar session) and later in 1928 (Calcutta session). He was also associated with the Home Rule Movement and led the Allahabad branch of the Home Rule League founded by Annie Besant.

Ideological shift and Gandhian influence: Initially aligned with moderate constitutional politics, Motilal moved towards more assertive demands after 1918, though he continued to favour constitutional methods. Under the influence of Mahatma Gandhi, he renounced his western lifestyle in 1920 and actively participated in the Non-Cooperation Movement, for which he was arrested along with his son.

Swarajya Party and legislative role: Following the withdrawal of the Non-Cooperation Movement after the Chauri Chaura incident, Motilal Nehru parted ways with the Congress and co-founded the Swarajya Party with C. R. Das. He entered the Central Legislative Assembly in 1923 and served as the Leader of the Opposition, using constitutional forums to challenge colonial policies.

Nehru Report (1928):

Background: The Nehru Report was drafted in 1928 as a response to the challenge posed by the British government after the boycott of the Simon Commission. An all-party conference decided to prepare a constitutional framework for India, demonstrating that Indians were capable of framing their own constitution.

A subcommittee was constituted in February 1928 under the chairmanship of Motilal Nehru.

Composition of the committee: The committee included prominent leaders cutting across ideological lines, such as Jawaharlal Nehru, Ali Imam, Tej Bahadur Sapru, M. S. Aney, Mangal Singh, Shuaib Qureshi, Subhas Chandra Bose, and G. R. Pradhan.

The report was finalised and presented in August 1928. While it was largely unanimous, differences existed on the ultimate political goal—most members supported dominion status, whereas a section favoured complete independence.

Constitutional Recommendations:

Form of Government: The report proposed a federal system with residuary powers vested in the Centre. It recommended a bicameral legislature at the Centre, consisting of a Senate elected by provincial councils and a House of Representatives elected on the basis of adult suffrage. The Governor-General was to function on the advice of an executive council responsible to Parliament.

Fundamental Rights: It listed nineteen fundamental rights, including equality before law, equal rights for women, and universal adult franchise. It also clearly advocated the separation of religion from the state, making the framework explicitly secular.

Provincial Organisation: The report supported the reorganisation of provinces on linguistic lines, recognising language as a key basis of administrative efficiency and cultural identity.

Electoral system and minority safeguards: Separate electorates were to be replaced by a joint electorate system, with reserved seats for Muslims at the Centre and in provinces where they constituted a minority. The report also promised protection of the religious and cultural rights of minorities, particularly Muslims.

Political responses:

• Delhi proposals and congress response: Earlier, the Muslim League’s Delhi Proposals (1927) had suggested joint electorates with reservations and the creation of Muslim-majority provinces such as Sindh, Baluchistan, and the North-West Frontier Province. These were accepted by the Congress at its Madras session to accommodate minority concerns.

• Opposition from Hindu Mahasabha: The Hindu Mahasabha opposed these concessions and demanded a strong unitary government, rejecting special safeguards for minorities.

• Compromise formula: At subsequent all-party conferences, compromises were attempted. These included limiting reservations to provinces where Muslims were in a minority, retaining residuary powers with the Centre, and agreeing to separate Sindh only after the attainment of dominion status.

• Rejection by Muslim League and Jinnah’s stand: Despite compromises, Muslim leaders remained dissatisfied. Muhammad Ali Jinnah proposed amendments seeking one-third representation for Muslims at the Centre and residuary powers for provinces. When these demands were rejected, Jinnah articulated his famous Fourteen Points (1929), which became the ideological foundation of the Muslim League’s future politics.

• Criticism from extremist nationalists: The Nehru Report also failed to satisfy more radical nationalists. Younger leaders, including Jawaharlal Nehru and Subhas Chandra Bose, rejected the demand for dominion status as inadequate and regressive. They later formed the Independence for India League, pressing for complete independence.

Conclusion:

Motilal Nehru was a key architect of India’s early constitutional and nationalist thought who bridged elite constitutional politics and mass-based nationalism. His leadership in the Indian National Congress, role in the Swarajya Party, and chairmanship of the Nehru Report (1928) reflect his lasting contribution to India’s freedom struggle and constitutional development, making him a foundational figure in modern Indian political history.

Source: India Today