The Nehru Report and Muslim Rights

by Hazrat Mirza Bashir-ud-Din Mahmud Ahmad

Page 185 of 199

The Nehru Report and Muslim Rights — Page 185

[ 186 ] could be effected by the agreement of. . the 2/3rds of the total number of members of both Houses. '' The modified clause 87 of the Supplementary Report now reads as ·' the bill embodying such repeal or alteration shall be passed by both Houses of Parliament sitting to gether and at the third reading shall be agreed to by not less than four-fifths of those present. " (Ibid. , p. 50). This alteration is, indeed, an improvement upon the original recommendation, but even this improvement does not adequately safeguard the interests of the minori ties. The repeal or alteration of any of the provisions of the Constitution should be made subject to the agree ment of 4/ Sths of all the elected members, instead of 4 / Sths of the members present at a particular sitting, because it is quite possible that on account of acute poli tical differences or as a protest against a certain measure, or owing to any other reason one section of the elected members of a legislature may be non-co-operating with other members, and the party then in majority in the House, taking advantage of the absence of a part of its members, should have an alteration made in the Consti tution or have a provision thereof repealed. To make amendment of the Constitution subject to the agreement of four-fifths of only the members present at a particular meeting places the foundations of this provision on a very weak basis. 8. Dealing with the question of communal repre sentation the Nehru-Report had recommended, ·' there shall be no reservation of seats for any community in the Punjab and Bengal. '' The Supplementary Report amended this clause as �' there shall be no reservation of seats for any community in the Punjab and Bengal, provided that the question of communal representation