Quaid-e-Azam and Colonial Mentality of Civil-Military Servants

Quaid-e-Azam M. A. Jinnah contested the case of Pakistan on the basis of Two-Nation Theory. He united the scattered and divided Muslims of India into one nation with the power of his charisma. After the creation of Pakistan, Quaid-e-Azam was astonished to see that the Pakistani nation was again divided on the basis of religion, race, language, caste and provinces. Muslim got Pakistan but lost the nation. Quaid-e-Azam was also very concerned about the colonial mentality which we inherited after independence. He was fully aware of the colonial mentality and its implication on the progress and development of new country. A. G. Noorani has discussed in his article in Dawn dated November 3, 2012 about British laws and the mentality behind these laws.

We owe a lot to some of the laws enacted by the British rulers. Macaulay’s Penal Code 1860 and Sir James Stephen’s Evidence Act, 1872 are acknowledged masterpieces. The Government of India Act, 1935 had enormous influence on constitution-making in Pakistan and India. However, tucked away in many a nook and corner of legislation of the Raj era are provisions which the British craftily made to protect their officials.

‘These laws were in glaring contrast to the legal set-up in Britain itself. The great authority on the constitutional law of Britain, A. V. Dicey wrote: ‘With us every official, from the prime minister down to a constable or a collector of taxes, is under the same responsibility for every act done without legal justification as any other citizen. The reports abound with cases in which officials have been brought before the courts, and made, in their personal capacity, liable to punishment, or to the payment of damages, for acts done in their official character but in excess of their lawful authority.’

One is not sure about the legal position in Pakistan; but in India the curbs of the British era were retained in the law adapted after Independence. The adaptation was selective.

One remarkable provision in the Government of India Act, 1919 was quietly dropped by the British when they conferred autonomy and responsible government on the provinces of British India and was completely ignored by the framers of the constitutions of Pakistan and India.

Section 124 reads thus: ‘If any person holding office under the Crown in India does any of the following things, that is to say ‘ (1) if he oppresses any British subject within his jurisdiction or in the exercise of his authority; or if (except in case of necessity, the burden of proving which shall be on him) he wilfully disobeys, or wilfully omits, forbears or neglects to execute, any orders or instructions of the secretary of state; or if he is guilty of any wilful breach of the trust and duty of his office; or if … he is concerned, or has any dealings or transactions by way of trade or business or if he demands, accepts or receives … any gift, gratuity or reward, pecuniary or otherwise, or any promise of the same … he shall be guilty of a misdemeanour.’

General Shahid Hamid former private secretary of Sir Clande Achinleck commander-in-chief of Indian army used to keep a diary of his daily activities. He published his diary later entitled ‘Disastrous Twilight’. A piece of his diary is produced here which demonstrates the mindset of civil servants who took over the power of government after partition.

‘3rd August (1947): Some time ago I had met the Quaid and told him that the officers of the armed forces were anxious to get a glimpse of him. Most of them had never met the ‘Great Founder of their country’ and they were frightened of him. He pondered over my suggestion and then said:
‘What do you suggest?’

I told him that if he cared to come to our house one evening I would arrange a get-together. To my utter astonishment he agreed and even gave me a date, but said that he may be a little late as he had to attend a meeting of the Muslim League Committee of Action.

 We had invited the Auk, the Naval and Air C-in-Cs, principal staff officers, some civil servants apart from all the senior Muslim officers of the Defence Forces, also some Hindu officers. For a while Tahirah and I waited at the entrance for the Quaid, but as he was held up at the meeting we joined our guests on the back lawn of our house, where everyone had assembled.

A little later the Quaid arrived. As Tahirah and I were not there to receive him, he walked through the house on to the lawn. We apologized for not being at the entrance to receive him. He said that he was sorry at being late. I asked him whether he would like the guests to be introduced to him, to which he agreed.

To my surprise the Quaid was in a talkative mood. He had something to say to each person who was introduced to him. The officers gathered around him to ask all sorts of questions. He answered them in his characteristic manner ‘slowly, clearly and convincingly. It is always a pleasure to hear him explain his point of view. He meant what he said. He did no pretend to be what he was not. He did not mince his words. He put the problem which he will have to face squarely. I was with him most of the time. The only time he became solemn when someone asked him about the prospect of promotion in Pakistan. I could see from the look of Quaid’s face that he did not like the question. In his typical style, he looked him over from head to foot before giving an answer.