Letter from the Director

Honorable and Distinguished Delegates,

It gives me great pleasure to welcome you all to the 29th Session of WMHSMUN. My name is Somya

Shankar and I will be your Director for the Constituent Assembly of India: 1948 Committee. I am currently

a sophomore at the College of William & Mary, and I intend on pursuing a double major in Public Policy

and Chemistry, on the pre-med track. I am involved in several activities on campus, most notably the

International Relations Club, the South Asian Student Association, Phonathon and the William & Mary

Medical Relief Team. In my spare time, I love to dance, watch an abhorrent amount of TV and movies,

and play with my dog. Model UN has been a passion of mine since my very first conference as a freshman

in high school (WMHSMUN XXIV). Since then, I have traveled to over 15 national and local conferences

in high school, and four college conferences, including one in South Korea! This will be my 6th

WMHSMUN, second time staffing WMHSMUN, and my first time directing at WMHSMUN, and I am

very excited to share it with you all.

This committee and its topics are very near and dear to my heart, as a person of Indian origin. I urge you all

to engage in mature debate and devise thoughtful solutions to some of the most pressing issues that

occurred in the Indian subcontinent during this time period. For all intents and purposes, this committee

starts in January of 1948 (approximately 4 months after India declares independence from Britain in August

of 1947). We must assume that history will be rewritten from this point

onwards and nothing that has happened since January of 1948 will be

considered in the actions of this committee. The topics that I have

selected for this committee are: The Const i tut ion, The Aftermath

of Part i t ion, and The Kashmir Confl ic t . Draft language for this

committee will be different from both Resolutions in General Assembly

committees and Directives in crisis committees, as this is a non-crisis

Specialized committee. These topics were very controversial in the 1948,

and the lasting effects of these issues can be felt in the region to this day. I

look forward to hearing nuanced debate on all aspects of these subjects.

Position papers (two pages maximum per topic) are required for this

 committee, as per WMHSMUN policy. When writing your position papers, I recommend that you start by

reading the Background Guide provided, and then conducting additional research on the topics to further

your understanding. If you have any questions that you come across while researching, please do not

hesitate to email me! I look forward to seeing you in November.

Best of luck,

Somya Shankar

sshankar@email.wm.edu

 Introduction to the Body – Const i tuent Assembly of India: 1948

The Constituent Assembly of India was established by the first election in 1946, after

final approval from the British Raj. There were 292 members representing various regions from

all over the country in the Constituent Assembly of India. The main goal of the Constituent

Assembly of India was to establish a formal document that dictated how the country was to be

governed.1

On August 15th, 1947, India gained its independence from Britain, marking the end to

an almost 200 year occupation, and a 30 year struggle for independence. The new country

now faces a wide variety of issues pertaining to foreign policy, international relations, the

establishment of a new government, and national security. Composed of some of the

strongest and most inspiring leaders of India’s independence movement, the Constituent

Assembly of India is the most influential and legitimate authoritative body suitable for the

daunting task of establishing the government of the nation. It is the duty of the Constituent

Assembly of India, as the only organized legislative body of India, to adequately address these

issues in order to set the course for the growth of this new nation.

Rules of Procedure

This committee will include a mix of both General Assembly committee elements and

Crisis committee elements. In committee, the general rules of Model United Nations still exist;

there will be moderated caucuses, unmoderated caucuses, points and motions, et cetera.

However, this committee will differ from both General Assembly committees and Crisis

committees in the form of written draft language. Instead of writing Directives or Working

Papers and Draft Resolutions, this committee, as a legislative assembly, will focus primarily on

writing bills and a Constitution. Bills serve as a more informal, faster, and efficient way of

acting on a specific issue. They will consist of a few operative clauses, and will only focus

specifically on one facet of an issue. Bills only require a simple majority (50%) to pass in

committee, and can be introduced at any time in committee. The Constitution on the other                                                                                                                1 "The Constituent Assembly of India." General Knowledge Today. Accessed September 8, 2015. http://www.gktoday.in/the-constituent-assembly-of-india/.

 hand, is a much more formal document that establishes the formal governing system of the

nation, and will require more than 2/3’s majority to pass in committee.

While each of you will be representing a delegate in the Constituent Assembly, no one

position has any specific portfolio powers. Instead of researching the delegate assigned to

your position, I recommend that you research the position and views held by the district or

region that the delegate was representing in the Constituent Assembly. For example, if you

were assigned the position of Lal Singh – Representative of Bhopal, you should research the

positions of Bhopal during this time period, and not the position of Lal Singh.

The main goal of the Constituent Assembly of India is to write a Constitution to formally create

a system of government for India, and thus that will be the main goal of this committee as

well. I hope to accomplish this goal within the first session of debate, in order to pass bills on

the other two very important topics affecting this nation.

 Topic One: The Const i tut ion

The main purpose of the Constituent Assembly of India is to establish a more

permanent version of government for the nation. The Constitution of India must establish a

form of representation, an official legislative, executive, and judicial branch, a procedure for

checks and balances, and define other powers of the national government of India. It is

extremely important and time-sensitive that the Constituent Assembly of India addresses this

issue to completion, in order to legitimize its authority over the Indian subcontinent.

The preliminary democratic structures that

existed in pre-independence India were the Indian

National Congress (INC) and the Constituent

Assembly of India. Originally created in 1885, the

Indian National Congress was the main vessel of

political dialogue between leaders for the majority

of the Indian Independence Movement. The INC

established the principle of Home Rule – the right of

the Indian people to participation in the affairs of

the state – that further incited the Independence

movement. The Indian National Congress was

instrumental in the sharp rise of nationalism within

India post World War I and was subsequently

organized in a hierarchical system after Mohandas Gandhi restructured the Congress in 1920.2

Delegates at the local and state level attend the annual national conference to discuss issues

on the national level at the All India Congressional Committee. The 1920s and 1930s were

marked by a strict nonviolence and noncooperation policy, inspired by Gandhi himself. Several

factions within the INC did not agree with Gandhi’s principles of civil disobedience, causing

                                                                                                               2 "History of the Indian National Congress." Wikipedia. Accessed September 8, 2015. https://en.wikipedia.org/wiki/History_of_the_Indian_National_Congress.

Muhammad Ali Jinnah: prominent Muslim Indian Independence Leader

 tensions to rise within the body and several withdrawals from the body itself. Most notably,

Muslim leaders such as Muhammad Ali Jinnah eventually resigned from the INC due to

Gandhi’s policies and only participated in the All-India Muslim League, a similar congressional

body. 3

The All-India Muslim League was a political organization created in 1906 by Aga Khan

III in order to protect the rights and interests of Muslims in India. As Hindu-Muslim tension

continued to rise throughout the 20th century, the All-India Muslim League became more and

more prevalent. In the 1930s, the All-India Muslim League started to support the Two-Nation

theory, which was proposed by Muhammad Ali Jinnah. He claimed that Hindus and Muslims

were fundamentally different due to their religions, and that religion was the common unifying

identity within the population, not ethnicity or language. The Two-Nation Theory was the

founding idea for the Pakistan Movement, which quickly became a main belief of the All-India

Muslim League and eventually led to the creation of Pakistan in 1947. 4

The Constituent Assembly of India (CAI) on the other

hand is much smaller and consists of only 292 delegates

from different regions of the nation. The CAI was

established in 1946, as a result of a direct demand from

the Indian National Congress. The Constituent Assembly

of India consisted of elected positions that were held by

members of both the INC and the All-India Muslim

League. As a unicameral legislative body, the primary

responsibility of the Constituent Assembly of India was to

write a Constitution for India. 5

                                                                                                               3 "Indian National Congress | Political Party, India." Encyclopedia Britannica Online. Accessed September 8, 2015. http://www.britannica.com/topic/Indian-National-Congress. 4 "Muslim League | Indian Muslim Group." Encyclopedia Britannica Online. Accessed September 8, 2015. http://www.britannica.com/topic/Muslim-League. 5 "The Constituent Assembly of India." Wikipedia. Accessed September 8, 2015. https://en.wikipedia.org/wiki/Constituent_Assembly_of_India.  

The Emblem of the Constituent Assembly of India

  It is the duty of the Constituent Assembly of India to decide how to organize both the

legislative and executive branches of the Indian government. The Constituent Assembly

should look at the structure of previous organizations within India, as well as the structure of

other democracies to form its own functional democratic system. Another important

consideration is the creation of an impartial judicial system, which is a necessity in any

functional democracy. The CAI should draw its inspiration from existing democratic systems in

other countries, such as Britain, as well the political infrastructure of the Indian National

Congress, the All-India Muslim League, and the Constituent Assembly itself.

Quest ions to Consider

1. How should the Constituent Assembly of India structure the new governing system of

India?  

2. Should the Constituent Assembly use any elements from the pre-existing democratic

assemblies in the making of a new government?  

3. How can the Constituent Assembly of India ensure that the new government will run

efficiently?

4. What countries should the Constituent Assembly of India draw inspiration from when

forming a new democracy?

 Topic Two: The Aftermath of Part i t ion

Undoubtedly, the lasting legacy of the British Empire in the Indian subcontinent was

the partition of India and Pakistan in August of 1947. The British Raj, and the leaders of both

the Indian National Congress and the Muslim League believed that partition and the

establishment of

two separate

nations was the

best and only

solution to the

rising religious

tensions in the

subcontinent.6

On August 15th,

1947, India

declared its

independence from Britain, and Pakistan similarly followed suit on August 16th. Not only did

the partition formally mark the border between India and Pakistan, but it also split up the

natural resources, military and financial assets, administrative services and infrastructure

between the two new nations. The largest and most consequential effect of the partition of

India and Pakistan, however, was the mass migration of Hindus and Sikhs out of Pakistan and

Muslims into Pakistan.7

Religious tensions between Hindus and Muslims had been rising throughout the course

of the Independence movement in India. Historically, prior to the 20th century, Hindus and

Muslims coexisted, but there were many conflicts between the two groups mostly due to the

pillaging and destruction of temples, mosques, and other religious artifacts. This murky past

                                                                                                               6 Bates, Crispin. "The Hidden Story of Partition and Its Legacies." BBC News. March 13, 2011. Accessed September 8, 2015. http://www.bbc.co.uk/history/british/modern/partition1947_01.shtml.

Map of India and Pakistan: Before and After Partition

 contributed to the rise of tensions between Hindus and Muslims in the 20th century prior to

independence. However, the main factor of polarization between the two religious groups was

the exclusion of Muslim opinions in the movement for independence. Originally, Muslims were

able to hold seats in the Indian National Congress. But after the Indian National Congress

decided to adopt Gandhi’s principle of satyagraha or nonviolence, which the Muslim

independence leaders did not agree with, the Muslim leaders left the Indian National

Congress to form their own political party, the All India Muslim League, under their leader

Muhammad Ali Jinnah. Jinnah was a famous Independence movement leader, as he had

spearheaded the Lucknow Pact of 1916, which decreased British authority in the subcontinent

and increased participation for Muslims in the Indian National Congress. As the movement

continued, the All India Muslim League and the Indian National Congress continued to butt

heads over various issues, only inciting more tension between the two religious groups.7

As tensions kept

mounting, riots and violence

soon began. The Two-Nation

Theory of the British Raj and

other Independence leaders

seemed to be the only viable

option in order to quell the

violence in the subcontinent.

The Two-Nation Theory

maintained that it was the

religious ideology that was the

main unifying identity of

Muslims in the Indian subcontinent, rather than their language or ethnicity. Thus, in August of

                                                                                                               7 Dalrymple, William. "The Mutual Genocide of Indian Partition." The New Yorker. June 29, 2015. Accessed September 8, 2015. http://www.newyorker.com/magazine/2015/06/29/the-great-divide-books-dalrymple.

A crowded train going to Pakistan that contains many migrants.

 1947, the nations of India and Pakistan were born. The migration of Hindus and Sikhs from

Pakistan into India and the migration of Muslims out of India into Pakistan had very

detrimental effects. Not only did this cause even more violence and rioting, but preliminary

estimates show that it also displaced over 5 million people. Even now, in 1948, people

continue to migrate between the countries and the Muslims who remained in India are

continually harassed and shunned by their communities.6

As a new nation, it is vital that India is able to help its people, thereby setting the

precedence for the coming years of growth and prosperity. Of course, it will be even more

challenging to provide the humanitarian aid that is necessary on the border of India and

Pakistan since the infrastructure in the area was also split up between the two countries during

partition. The challenge of providing the necessary aid to the border area will involve

allocating the proper resources, using the repossessed railroad infrastructure, and quelling the

religious violence in the area. It is extremely vital that the Constituent Assembly of India does

not further fuel the tensions by alienating Muslims that have stayed in the country and in fact

should take measures to ensure the safety of these families. The CAI must set an example for

the rest of the nation and attempt to form diplomatic relations with the new nation of Pakistan

so as to not cause any more animosity between the two countries.

Ultimately, creating two nations was for the greater good and to avoid a civil war in the

future. But, it is our responsibility as the Constituent Assembly of India to help alleviate some

of the pain, poverty, and suffering caused by the partition, as well as try and quell the religious

violence on the border of the two nations. It is also imperative to adequately divvy up the vast

resources of the subcontinent between the two countries, as well as provide humanitarian aid

to those citizens in need of it.

Quest ions to Consider

1. In what ways can the Constituent Assembly of India alleviate the tension at the border

of Pakistan and India?  

 2. How can the Constituent Assembly ensure that diplomatic relations are made between

India and Pakistan?

3. How can the Constituent Assembly of India adjust to the loss of resources and

infrastructure during the Partition?

4. How can the Constituent Assembly of India make sure that the humanitarian aid

provided is used efficiently?  

 Topic Three: The Kashmir Confl ic t

Kashmir is located in the north of

India and it is one of the most ethnically,

culturally, and religiously diverse regions

in the entire nation. Because of this

diversity, many conflicts have historically

occurred in this region.

It is vital that the Constituent Assembly

of India bears in mind the extremely

delicate nature of this topic, and acts

accordingly. Cultural and religious

sensitivity is very important when

discussing Kashmir, as it is a very rich

region full of many different religions,

cultures, and languages. Though the

entire region is known as Kashmir, it is

the northwest part of the region that is

the actual land of Kashmir and includes

the major city of Srinagar and the

border with Pakistan. It consists of predominantly Muslim Urdu speakers and is very green and

mountainous. The northeast part of the region is known as Ladakh and contains the city of Leh

and shares a border with Tibet. The major religion practiced in Ladakh is Buddhism, and the

primary language spoken in the area is Tibetan. The southernmost part of Kashmir is known as

Jammu, and it is predominantly home to Hindus who speak Hindi.8

                                                                                                               8 "An Outline of the History of Kashmir." Kashmiri Overseas Association. Accessed September 8, 2015. http://www.koausa.org/Crown/history.html.

A map of British India showing the Princely States, including Kashmir

  The princely-state of Kashmir was mostly Muslim, yet it was ruled by a Sikh King,

Maharaja Hari Singh, at the time of India and Pakistan’s independence in 1947. Maharaja Hari

Singh wanted Kashmir to become its own nation, separate from both India and Pakistan.

However, both India and Pakistan wanted to annex the princely state of Kashmir, causing more

dispute between the two nations.8

In October of 1947, Pakistani forces invaded Kashmir during Operation Gulmarg in

order to seize the region. Because the Kashmiri forces were heavily outmatched, Maharaja

Hari Singh called upon India to help protect the area from the invasion. However, in order to

receive military aid from India, the

Governor-General of India at the

time requested that Kashmir accede

into the Dominion of India.

Maharaja Hari Singh allowed

Kashmir to be annexed into India in

order to protect the region from an

invasion from Pakistan. Yet, this only

angered Pakistan and Kashmiri

Muslims more, as Kashmir was a

predominantly Muslim region and

they felt that it should have been annexed into Pakistan instead. Kashmir has been and

continues to be an issue of contention between the nations of India and Pakistan. 9

After many more weeks of fighting, Prime Minister Nehru co-signed a ceasefire with

Muhammad Ali Jinnah, with a promise of UN negotiations and a plebiscite in the future,

officially ending the Indo-Pakistan War of 1947. Tensions remain high in the region however,

and the Constituent Assembly of India must discuss the plebiscite, how to repair relations with

                                                                                                               9 "A Brief History of the Kashmir Conflict." The Telegraph. Accessed September 8, 2015. http://www.telegraph.co.uk/news/1399992/A-brief-history-of-the-Kashmir-conflict.html.

A detailed diagram of attacks during Operation Gulmarg, 1947

 Pakistan, as well as how to prevent further conflict from occurring. The Constituent Assembly

of India must protect the interest of the country itself, by ensuring that Kashmir remains a part

of India, but it also must try and alleviate tensions with Pakistan, as riots and Hindu-Muslim

violence begin to occur. Some important measures that the Constituent Assembly may act on

come in the form of humanitarian aid, especially in the more remote regions of Kashmir where

resources aren’t readily available. 10

Quest ions to Consider

1. What measures can the Constituent Assembly take now to ensure that the conflict

ceases and isn't aggravated again in the future?

2. What measures can the Constituent Assembly take to prevent Kashmir from wanting to

leave India?

3. How can the Constituent Assembly of India make Kashmir a safe place to live while

preserving its beauty and diversity?

                                                                                                               10 "History of Kashmir." Wikipedia. Accessed September 8, 2015.  

 Bibliography

"A Brief History of the Kashmir Conflict." The Telegraph. Accessed September 8, 2015.

http://www.telegraph.co.uk/news/1399992/A-brief-history-of-the-Kashmir-conflict.html.

"An Outline of the History of Kashmir." Kashmiri Overseas Association. Accessed September 8, 2015.

http://www.koausa.org/Crown/history.html.

Bates, Crispin. "The Hidden Story of Partition and Its Legacies." BBC News. March 13, 2011. Accessed September

8, 2015. http://www.bbc.co.uk/history/british/modern/partition1947_01.shtml.

Dalrymple, William. "The Mutual Genocide of Indian Partition." The New Yorker. June 29, 2015. Accessed

September 8, 2015. http://www.newyorker.com/magazine/2015/06/29/the-great-divide-books-dalrymple.

"History of Kashmir." Wikipedia. Accessed September 8, 2015.

"History of the Indian National Congress." Wikipedia. Accessed September 8, 2015.

https://en.wikipedia.org/wiki/History_of_the_Indian_National_Congress.

"Indian National Congress | Political Party, India." Encyclopedia Britannica Online. Accessed September 8, 2015.

http://www.britannica.com/topic/Indian-National-Congress.

"Muslim League | Indian Muslim Group." Encyclopedia Britannica Online. Accessed September 8, 2015.

http://www.britannica.com/topic/Muslim-League.

"The Constituent Assembly of India." General Knowledge Today. Accessed September 8, 2015.

http://www.gktoday.in/the-constituent-assembly-of-india/.

"The Constituent Assembly of India." Wikipedia. Accessed September 8, 2015.

https://en.wikipedia.org/wiki/Constituent_Assembly_of_India.

 

WMHSMUN

Twenty-Nine