In British India’s constitutional development, the Simon Commission of 1928 was a turning point. Indians, both Hindu and Muslim protested the lack of an Indian representative. The British Government then challenged Indians to produce proposals for constitutional reform agreeable to both communities. This they failed to do.

The Muslims of Punjab under the leadership of Fazle Husain and his Unionist Party (which included Hindus and Sikhs) wanted a weak central government (that was bound to be Hindu majority) that would not have too much authority over the Provincial governments. Jinnah himself a believer in a strong central government, was compelled to plead the line of the leaders of Muslim majority leaders of Punjab and Bengal for a weak centre.

Having established that Congress and Muslim League could not agree between themselves even after the Round Table Conferences, the British announced the Communal Award giving the Muslim League what it wanted. The Government of India Act of 1935 followed.

This envisaged fully empowered elected governments at the federal level and in the Provinces. Though elected Provincial Governments were formed in 1937 a Federal Government remained elusive. There were two reasons for this.

First, Indian National Congress and the Indian Union Muslim League could not agree on the percentage of seats to be reserved for Muslims and the powers of the Federal Government. Second, no agreement could be reached with the Princes on how much authority they would transfer to the Federation. They were resolute in surrendering no more power to an elected Federal Government than they had already allowed the Viceroy They were prepared to transfer authority over Defence, Foreign Affairs and Communications, but nothing else. As a result no elected Federal Government came into being.

At the end of WW2 Britain found it could no longer hold India and conceded the demand for Pakistan after the Cabinet Mission Plan proved abortive. Elections were held for the Constituent Assembly. The Muslim League which had been allotted 73 seats in this Assembly declined to participate in its proceedings. Congress with 208 seats thereupon decided that........

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