1936–1946
A party, a war, and a labour portfolio
Bombay and New Delhi
The decade that made him a minister is the one nobody summarises. He spent it running a labour party, writing his most difficult book, and putting the forty-eight-hour week on the statute book.
In August 1936 he founded the Independent Labour Party. The name is exact and it is usually passed over. It was a labour party rather than a caste party; it contested on tenancy, industrial conditions and wages; it ran non-Untouchable candidates and asked for non-Untouchable votes; and its programme was written in the language of class.
It did well in the 1937 Bombay provincial elections — the first held under a substantially widened franchise — and became a real opposition force in the province. In September 1937 he introduced a bill to abolish the khoti system, the form of landlord tenure that governed much of the Konkan, under which tenants held at will and paid whatever the holder of the village demanded. The tenants in question were mostly not Untouchables.
In November 1938 he did something that fits no summary of him at all. The Bombay government, run by Congress, brought forward an Industrial Disputes Bill that made certain strikes a criminal offence. Ambedkar opposed it in the legislature as an attack on the only weapon workers had, and then joined the communist-led unions — whose leaders he disagreed with about nearly everything else, and who disagreed with him about caste — in a one-day general strike against it. Something like a hundred thousand workers stopped.
In December 1940 he published Thoughts on Pakistan, later expanded as Pakistan or the Partition of India. The Muslim League had adopted the demand for a separate state that March, and almost no serious Indian writer would examine it on its own terms rather than denouncing it. Ambedkar did. He set out the case for the demand and the case against it at length, each as its own advocate would put it; argued that a state whose two largest communities did not consider themselves one people would be permanently unstable and would spend its strength on the fact; and concluded that if partition did happen it would have to be accompanied by a deliberate, organised, compensated exchange of populations, on the ground that the alternative was for it to happen anyway, in panic, with people walking.
In July 1942, at a conference in Nagpur, he wound up the Independent Labour Party and founded the Scheduled Castes Federation. Scheduled Castes was the new official term, introduced under the Government of India Act of 1935 for the communities listed in a schedule for the purposes of reservation; it is the term still used in Indian law today, and the schedule is still a schedule. The change of party was a change of strategy: the labour appeal had not produced a bloc large enough to bargain with, and he went back to organising the constituency that was unambiguously his.
That same month, by a warrant dated 20 July 1942, he was appointed Labour Member of the Viceroy's Executive Council, and he held the portfolio until the Council was reconstituted in 1946. It was the first executive office he had ever held. He was in it during a war, with the Quit India movement breaking out three weeks after he took office and most of the Congress leadership in jail for the duration — a fact that is held against him and that he never apologised for, on the grounds that he had a department to run and the war was going to be fought whatever he did.
What he did with the department has almost nothing to do with the story usually told about him, and it is the most durable administrative work of his life.
What the labour portfolio produced
- The working week. He took the Factories (Amendment) Bill into the Central Legislative Assembly himself on 21 February 1946. As it came out, it brought the maximum for an adult in a perennial factory down from fifty-four hours a week to forty-eight and from ten hours a day to nine, cut the seasonal-factory week from sixty hours to fifty, reduced the spread-over of the working day from thirteen hours to twelve, and replaced the two different overtime rates then in force with a single rate of one and a half times ordinary pay. It came into force on 1 August 1946. The forty-eight-hour week is still the figure in Indian factory law.
- The Indian Trade Unions (Amendment) Bill of 1943, which required employers to recognise a representative union rather than choosing whether to talk to it.
- The tripartite machinery itself — government, employers and unions in the same room, meeting as a standing arrangement rather than a crisis measure. He described it to the Assembly in 1946 as a conference meeting annually with a standing committee meeting every quarter, and as the body the government's labour bills were put to before they reached the House. The Indian Labour Conference is still constituted that way.
- Employment exchanges, set up from 1945 to place demobilised soldiers and war-industry workers, replacing recruitment through contractors and middlemen who took a cut of the wage.
- Coal mining: the Coal Mines Safety (Stowing) Amendment Bill of 1944, which funded stowing and safety work from a levy on coal, and the pithead bath rules of 1946, which came out of his own inspection of the Dhanbad collieries in December 1943.
- Maternity benefit and provident fund provision for industrial workers, and the actuarial groundwork — commissioned from the economist B.P. Adarkar — that became the Employees' State Insurance scheme after independence.
- The river and power institutions: the policy conference of January 1945 that began the Damodar Valley project, the preparatory work on Hirakud on the Mahanadi, the Central Technical Power Board, and the central waterways and irrigation commission that became the Central Water Commission.
The bill was his own — the Viceroy reported to the Secretary of State in December 1945 that Ambedkar had submitted his labour proposals for the coming budget session and that the first of them was a bill to cut factory hours — and the cotton textile industry fought it. India was short of cloth, the mills argued, and what the moment called for was longer hours, not shorter ones. He answered with the record of the previous cut. When the week had come down from sixty hours to fifty-four in 1934, the number of mills, of looms, of hands employed and of bales of cotton consumed had all risen in the years immediately after, and he read the figures out. Then he did something a minister carrying a reform does not usually do: he made it smaller. Rather more than a quarter of perennial factories, he told the House, were already working a forty-eight-hour week, and something over a third of India's two and a half million factory hands were already in factories working between forty-eight and fifty-four — so the bill could not fairly be called the radical measure its critics were calling it. He spent part of his own speech shrinking his own achievement.
Alongside the department he kept writing. In 1945 he published What Congress and Gandhi Have Done to the Untouchables, a book-length indictment written thirteen years after Poona, and in 1946 Who Were the Shudras?, an argument about the origins of the fourth varna that set out to show the caste order had a history and therefore a beginning, and therefore was not eternal. In July 1945 he founded the People's Education Society, which opened Siddharth College in Bombay the following year. He was building the first of the three words while writing the second.
Source note
The books are in the Government of Maharashtra edition of his Writings and Speeches, whose tenth volume collects his speeches as Labour Member in the Central Legislative Assembly. The speech moving the Factories (Amendment) Bill, and every figure quoted from it above, is in the Legislative Assembly Debates (Central) for 21 February 1946; the Bill went to a select committee that reported on 7 March and returned to the House on 4 April. The Viceroy's report to the Secretary of State is his letter of 5 December 1945, reprinted in the same volume. The hours are given as the statute records them — the Factories Act of 1934 as amended by the Factories (Amendment) Act of 1946, Act X of 1946, sections 2 and 3, in force from 1 August 1946. The other labour measures are named as the Acts, Bills and rules they were, and where secondary accounts attach a date the record does not support, the claim has been left out rather than repeated. The 1937 seat count and the fourteen-hour figure are discussed above and are not asserted here.