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 Constitution, The Aftermath of Partition, and The
Kashmir Conflict. 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
[email protected]
Introduction to the Body – Constituent 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 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 Constitution
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 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
Muhammad Ali Jinnah: prominent Muslim
Indian Independence Leader
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
It is the duty of the Constituent Assembly of India to decide
The Emblem of the Constituent
Assembly of India
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.
Questions 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 Partition
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
Map of India and Pakistan: Before and After Partition
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
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 TwoNation 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 TwoNation 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 1947, the
A crowded train going to Pakistan that contains many migrants.
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.
Questions 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 Conflict
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
A map of British India showing the Princely States,
including Kashmir
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
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
A detailed diagram of attacks during
Operation Gulmarg, 1947
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
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
Questions 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?
Bibliography
1
"The Constituent Assembly of India." General Knowledge Today. Accessed September 8, 2015.
http://www.gktoday.in/the-constituent-assembly-of-india/.
2
"History of the Indian National Congress." Wikipedia. Accessed September 8, 2015.
https://en.wikipedia.org/wiki/History_of_the_Indian_National_Congress.
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.
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.
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.
8
"An Outline of the History of Kashmir." Kashmiri Overseas Association. Accessed September 8, 2015.
http://www.koausa.org/Crown/history.html.
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.
10
"History of Kashmir." Wikipedia. Accessed September 8, 2015.
WMHSMUN
Twenty-Nine