Un-Constitutionalism of the British Raj
Ahmad Aqeel Sarwar
DOI: https://doi.org/10.5281/zenodo.16527406
Abstract. This research paper examines the concept of constitutionalism in the context of British colonial rule in India, focusing on the narrative of Saadat Hasan Manto. Constitutionalism, as a principle, advocates for limited government power and adherence to legal constraints, encompasses civil rights, freedom of expression, equality, and due process of law as safeguards against state abuse. Manto’s firsthand experiences of the Empire’s atrocities reveal the exploitative nature of the laws enforced during colonial rule. Rather than upholding the basic human rights of the native population, these laws were designed to suppress dissent and legitimize the colonizers’ dominion. The research centers around Manto’s short story, “Nayā Qānoon” (The New Constitution), which takes place against the backdrop of the Government of India Act 1935. Employing a New Historicist approach, this study examines “Naya Qanoon” alongside the Act of 1935 and relevant historical documents. By critically analyzing the narrative, contextualizing it within the broader socio-political climate of the time, and scrutinizing the intentions behind the British Empire’s laws, this research aims to shed light on the unconstitutional nature of the colonial regime. This research aims to enhance our understanding of the Empire’s exploitative mechanisms and their impact on the civil rights of the native population.
Keywords. Constitutionalism, Resistance, Civil Rights, Progressive Writers, Urdu Progressive Writers.
Works cited
Azeem, Sayed Waqar. Manto Ka Fun. New Delhi: Ijaz Publishing House, 1982.
Barnett, Hilaire. Constitutional and Administrative Law 5. London: Cvendish Publishing Limited, 3rd edi., 2000.
Colvin, Ian. The Life of General Dyer. Edinbugh and London: William Blackwood & Sons Ltd., 1929.
Coupland, R. Indian Politics 1936-1942: The Second Part of a Report on the Constitutional Problem in India Submitted to the Warden and Fellows of Nuffield College, Oxford. London: Oxford University Press, 1943.
Eddy, J. P. and F. H. Lawton. India’s New Constitution: A Survey of the Government of India Act 1935. London: Macmillan and Co., Limited, 1935.
Flemming, Leslie A. Another Lonely Voice: The Urdu Short Stories of Saadat Hasan Manto. Center for South and SouthEast Asia Studies University of California, 1979.
India, Council of the Governor General of. Laws and Regulations. Vol. 17. 1878. Government of India Act 1935. 1935.
India, Governor General Council in. “Indian Universities Act, 1904.” Act No. II of 1905. n.d. <https://www.indiacode.nic.in/repealed-act/repealed_ act_documents/A1905-2.pdf>.
Government of India Act 1958. n.d. 2023. <https://lawsisto.com/Read-Central-Act/996/GOVERNMENT-OF-INDIA-ACT-1858>.
Indian Councils Act 1861. n.d. <https://lawsisto.com/Read-Central-Act/1094/INDIAN-COUNCILS-ACT-1861#>.
Indian Councils Acts. Madras: The National Press, 1893.
Jalil, Rakhshanda. “Loving Progress, Liking Modernity, Hating Manto.” Social Scientist (2012): 43-52.
Manto, Saadat Hasan. Chughad. Delhi: Saqi Book Depot, 1991.
—. Bari Sahib. Rekhta, n.d.
—. “The New Constitution.” Mottled Dawn: Fifty Sketches and Stories of Partition. Trans. Khalid Hassan. New Delhi: Penguin Books India, 1997. 165-175.
Naim, C. M.; Coppola, Carlo. “A Short Story By Saadat Hasan Manto.” Mahfil 1963: 12-19.
Saeed, Ahmad. Trek to Pakistan. Lahore: Al-Fouzi, n.d.
Siddiquui, Mohammad Asim. “Saadat Hasan Manto’s Poetics of Resistance.” Social Scientist (2012): 17-29.
Tufail, Muhammad. Manto Sahab. Lahore: Idara-e Farogh-e Urdu, 1964.
Ahmad Aqeel Sarwar is serving as Assistant Professor of English in the Higher Education Department of Government of the Punjab, Pakistan. He holds an MA in Global Literature and Culture from the University of York, UK. His research interests include postcolonial literature, with a particular focus on resistance narratives and their cultural contexts.
Email: ahmad.aqeel@alumni.york.ac.uk
ORCID: https://orcid.org/0009-0008-4336-4935
Un-Constitutionalism of the British Raj © 2025 by Ahmad Aqeel Sarwar is licensed under CC BY-NC-ND 4.0