Nehru Report and Constitutional Demands

The Nehru Report of August 1928 stands as the first major attempt by Indians to draft a complete outline for their own constitution. Created as a direct counter to British skepticism regarding Indian political unity, this document laid the fundamental democratic framework that later influenced the Constitution of Independent India.

Background and the Birkenhead Challenge

The appointment of the all-British Simon Commission in November 1927 caused widespread anger across Indian political circles. Lord Birkenhead, the Secretary of State for India, justified the absence of Indian members by claiming that Indians were incapable of producing a unified constitutional proposal acceptable to all factions. Indian leaders accepted this challenge. The All Parties Conference met in Delhi in February 1928 under the chairmanship of Dr. M.A. Ansari. On May 19, 1928, during the Bombay session of the conference, a committee was appointed to draft a constitutional framework.

Composition of the Drafting Committee

Motilal Nehru served as the Chairman of the committee, and Jawaharlal Nehru held the position of Secretary. The committee comprised representatives from various political and social groups:

• Motilal Nehru (Chairman – Congress)
• Jawaharlal Nehru (Secretary – Congress)
• Sir Tej Bahadur Sapru (Non-Brahmin / Liberal)
• Sir Ali Imam (Muslim)
• Shuaib Qureshi (Muslim)
• M.S. Aney (Hindu Mahasabha)
• M.R. Jayakar (Hindu Mahasabha)
• Mangal Singh (Sikh League)
• Subhas Chandra Bose (Congress)
• G.R. Pradhan (Depressed Classes)

The draft constitution prepared by this committee was formally submitted at the Lucknow session of the All Parties Conference on August 28, 1928.

Key Recommendations of the Nehru Report

The report outlined a parliamentary system of governance, a detailed list of rights, and a restructured federal design.

Structure of Government and Federal Design

• Dominion Status: The report demanded Dominion Status for India on par with self-governing dominions like Canada and Australia within the British Commonwealth.
• Federal Setup: A federal structure was proposed, featuring a bicameral Central Legislature consisting of a Senate (200 members elected for 7 years) and a House of Representatives (500 members elected for 5 years).
• Executive Responsibility: The executive authority was to be vested in the Governor-General acting on the advice of an Executive Council collectively responsible to the Central Legislature.
• Residuary Powers: Unlike modern federalism in India, the report recommended vesting residuary powers at the Centre rather than with the provinces.

Fundamental Rights and Social Framework

• Bill of Rights: The document incorporated 19 fundamental rights, including universal adult franchise (voting rights for men and women over 21 years of age), right to form unions, and equal rights for women.
• Secular State: Complete dissociation of the State from religion was stated explicitly, guaranteeing full freedom of conscience.
• Judiciary: The creation of an independent Supreme Court of India was recommended as the ultimate judicial tribunal.
• Linguistic Reorganization: Provinces were to be reorganized on a linguistic basis to improve administrative communication and efficiency.

Electoral System and Minority Safeguards

The report departed from previous agreements like the Lucknow Pact of 1916 by rejecting separate electorates. It argued that separate electorates encouraged communal divisions.

Political Reactions and Internal Rift

The publication of the report triggered political debates across various organizations and within the Indian National Congress itself.

Communal Deadlock and Jinnah’s Fourteen Points

During the All Parties Convention in Calcutta in December 1928, Muhammad Ali Jinnah proposed three major amendments to the report:

• One-third representation for Muslims in the Central Legislature.
• Reservation of seats for Muslims in Punjab and Bengal on a population basis until adult suffrage was established.
• Vesting of residuary powers in the provinces instead of the Centre.

When these amendments were rejected by the convention due to stiff opposition from the Hindu Mahasabha, Jinnah severed ties with the unified movement. In March 1929, he issued his “Fourteen Points,” which reiterated separate electorates, 33% cabinet representation, and provincial autonomy as non-negotiable demands.

Young Guard Opposition and Independence Demand

Younger Congress leaders, led by Jawaharlal Nehru and Subhas Chandra Bose, objected to the report’s demand for Dominion Status. They demanded complete independence (Purna Swaraj). To press their demand, Jawaharlal Nehru and Subhas Chandra Bose jointly founded the Independence for India League in November 1928. A compromise reached at the Calcutta session of the Congress in December 1928 gave the British government a one-year ultimatum to accept the Dominion Status proposal. Failure to comply would result in a full launch of a Civil Disobedience Movement for complete independence.

Key Historical Facts

The All Parties Conference appointed the Motilal Nehru drafting committee on May 19, 1928, in Bombay. The committee submitted its final report at the All Parties Conference held in Lucknow on August 28, 1928. The Nehru Report was the first document to advocate universal adult suffrage without property or educational qualifications in India. The proposal to create Sindh as a separate province by severing it from Bombay Presidency was explicitly included in the report. When the British government ignored the one-year deadline set by the Congress, the Lahore session of December 1929 passed the Purna Swaraj resolution, rendering the Dominion Status demand obsolete. Many elements of the Nehru Report, including fundamental rights, a bicameral legislature, direct elections, adult franchise, and an independent Supreme Court, were later adapted directly into the Constitution of India in 1950.