The partition of the provinces of the Punjab and Bengal as part of the independence of India and Pakistan in August 1947 will long remain a defining feature of South Asia. And this partition was not just that ‘moment’ it was certainly a ‘long partition’, as historian Vazira Zamindar says, since its decisions, effects and ramifications continued for decades later. At a level, both India and Pakistan, and even Bangladesh to an extent, are still tied and are defined by their ‘partition moment’.

Recently, I have been taking another look at partition, especially its mechanism. It was pretty easy to announce the creation of Pakistan and the partition of the two provinces, but how did it actually happen? Who carried it out? And how was it finally done? These questions have strangely not been answered adequately in the present literature, and its absence made the research even more intriguing in the wake of hundreds of tomes having been written on the subject.

During this research, I became interested in the fate of the University of the Punjab, the main university for the Punjab, the erstwhile North West Frontier Province, and several princely states. Established as the fourth university in India in 1882, it distinguished itself as a university where oriental studies -- viz. Sanskrit, Persian and Arabic -- were also taught and researched upon. In fact, the initial idea was to set up an ‘Oriental University’ in the Punjab to complement the other three presidency universities which imparted education primarily in English.

The University of the Punjab had established a great reputation for itself as a leading centre for teaching and research and soon its graduates even won the Nobel Prize. Therefore, I was interested in what happened to the university in the wake of the partition of the Punjab where almost everything was supposed to have been divided amongst the two new provinces, with even dustbins and ink pens not being spared. It was also all the more intriguing since there are two universities of the Punjab, one at Lahore and the other at Chandigarh, now operating. So I wondered if there was a spilt in 1947, and if so was it amicable? And how was it even done?

The fate of the University of the Punjab was one of the first topics discussed at the Punjab Partition Committee, the mixed committee of Muslim League Congress and Panthic leaders set up by the Governor of the Punjab under his chairmanship to divide the province. During the first meeting of the committee on July 1, 1947, it was noted that no expert committee had examined the university as it was considered "an autonomous body administered under its own Act and was not on a par with Provincial Institutions directly controlled by Government".

However, the Steering Committee, a body of mixed bureaucrats, recommended that a sub-committee be constituted by the Governor, as Chancellor, to look into how the partition affected the running of the Punjab University Act on both sides of the partition line. They surmised that again, as in the case of the civil administration, full separation and the setting of an ‘Eastern University’ in East Punjab might not be immediately possible and so for sometime the university would need to operate on both sides of the border. Concerning examinations the committee agreed that for at least a year joint examinations would have to be conducted, and in terms of specialised colleges under the Punjab University like the Law College, Hailey College of Commerce, and the Oriental College ‘reservations for the admission of candidates from the East to these institutions will have to be agreed upon for a number of years.’

The committee also suggested that since the fixed assets of the university would remain at Lahore, the other side of the province could be compensated monetarily for its loss so that they could use it to start teaching and research facilities in their province. The Partition Committee discussed the issue, and recommended that the Governor write to the Chief Justice of the Lahore High Court requesting the services of Justice Sharif and Justice Khosla to investigate the issue of the Punjab University especially regarding: "Assuming that all laws in force in the Punjab prior to Partition continued in force in the two provinces set up after Partition: (1) Would it be legally possible for the Punjab University as now constituted to carry on in both parts of the Punjab; and (2) what jurisdiction, if any, the present Punjab Government have to negotiate and give effect to a partition of the University."

Since the same issue was also going to affect Calcutta University and Dacca University, the Committee further decided in its next days’ meeting to consult the central Steering Committee in New Delhi about the issue.

The central Partition Council replied to the letter of the Punjab Partition Committee of July 5, on July 8 with a note from S.A. Lal, the Secretary of the Legislative Department. In the note, Lal opined that the Punjab University was a body corporate with its seat in Lahore, and therefore the legislature which had jurisdiction over Lahore after August 15 would automatically become responsible for it. Noting that Lahore might be in West Punjab, Lal therefore stated that "It follows, therefore, that Punjab University will remain subject to the legislative jurisdiction of the legislature of West Punjab."

Also read: The Punjab University and Partition II

He further noted that the fact that the university might exercise its jurisdiction beyond the limits of the legislature which controls it, makes no difference since a similar pattern was already in vogue in Bombay University where despite the fact it was incorporated through an act of the Bombay Presidency its activities extended to Sindh and to several princely states beyond British India. "There is no bar, legal or constitutional which precludes a corporation constituted in one State from carrying out its activities in another State," wrote Lal. That being the case, Lal concluded that "no question at all arises of dividing the assets of the Punjab University between Western Punjab and Eastern Punjab."

It was assumed that the members of the Partition Committee would accept the decision of the central committee and not touch issues relating to the University of the Punjab. However, within a few days several representations were made to the committee about the fate of the university.