131-982: The All Parties Conference was a group of Indian political parties known for organizing a committee in May 1928 to author the Constitution of India after independence was actualized. It was chaired by Dr. M. A. Ansari . A draft constitution, known as the Nehru Report , was adopted by the All Parties Conference in Lucknow , in 1928. Members of the All Parties Conference included the Indian National Congress , All-India Hindu Mahasabha , All-India Muslim League , All-India Conference of Indian Christians , All India States Peoples' Conference , and Central Khalifat Committee . In its meeting from 28 August 1928 to 31 August 1928,
262-503: A dominion of the British Crown and became a sovereign, democratic republic with the constitution. Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393, and 394 of the constitution came into force on 26 November 1949, and the remaining articles became effective on 26 January 1950 which is celebrated every year in India as Republic Day . The constitution was drawn from
393-465: A governor or (in union territories) a lieutenant governor and a chief minister . Article 356 permits the president to dismiss a state government and assume direct authority if a situation arises in which state government cannot be conducted in accordance with constitution. This power, known as president's rule , was abused as state governments came to be dismissed on flimsy grounds for political reasons. After S. R. Bommai v. Union of India , such
524-717: A plebiscite , subject to the withdrawal of Indian troops, a condition India rejected. On 26 October, the Nawab and his family fled to Pakistan following clashes with Indian troops. On 7 November, Junagadh's court, facing collapse, invited the Government of India to take over the State's administration. The Government of India agreed. A plebiscite was conducted in February 1948, which went almost unanimously in favour of accession to India. To this day, Pakistan claims sovereignty over Junagadh state. At
655-457: A "princely union". This policy was contentious since it involved the dissolution of the very states whose existence India had only recently guaranteed in the Instruments of Accession. Patel and Menon emphasised that without integration, the economies of states would collapse, and anarchy would arise if the princes were unable to provide democracy and govern properly. They pointed out that many of
786-529: A combination of military and diplomatic means, acquired de facto and de jure control over the remaining colonial enclaves, which too were integrated into India. The early history of British expansion in India was characterised by the co-existence of two approaches towards the existing princely states. The first was a policy of annexation , where the British sought to forcibly absorb the Indian princely states into
917-428: A course of action is more difficult since the courts have asserted their right of review. The 73rd and 74th Amendment Acts introduced the system of panchayati raj in rural areas and Nagar Palikas in urban areas. Article 370 gave special status to the state of Jammu and Kashmir . Article 368 dictates the procedure for constitutional amendments . Amendments are additions, variations or repeal of any part of
1048-505: A declared objective of the Indian National Congress , and the Government of India pursued this over the next decade. In 1920, Congress (party) under the leadership of Mahatma Gandhi declared swaraj (self-rule) for Indians as its goal and asked the princes of India to establish responsible government. Jawaharlal Nehru played a major role in pushing Congress to confront the princely states and declared in 1929 that "only people who have
1179-562: A different, four-step process. The first step in this process was to convince adjacent large states and a large number of adjacent small states to combine to form a "princely union" through the execution by their rulers of Covenants of Merger. Under the Covenants of Merger, all rulers lost their ruling powers, save one who became the Rajpramukh of the new union. The other rulers were associated with two bodies—the council of rulers, whose members were
1310-684: A negotiated solution failed and, in August, the Nizam, claiming that he feared an imminent invasion, attempted to approach the UN Security Council and the International Court of Justice . Patel now insisted that if Hyderabad was allowed to continue its independence, the prestige of the Government would be tarnished and then neither Hindus nor Muslims would feel secure in its realm. On 7 September, Jawaharlal Nehru gave ultimatum to Nizam, demanding ban on
1441-461: A new center", namely, the Republic of India . This was not an easy task. While some princely states such as Mysore had legislative systems of governance that were based on a broad franchise and not significantly different from those of British India, in others, political decision-making took place in small, limited aristocratic circles and governance was, as a result, at best paternalistic and at worst
SECTION 10
#17328440406721572-556: A number of sources. Mindful of India's needs and conditions, its framers borrowed features of previous legislation such as the Government of India Act 1858 , the Indian Councils Acts of 1861 , 1892 and 1909 , the Government of India Acts 1919 and 1935 , and the Indian Independence Act 1947 . The latter, which led to the creation of Pakistan , divided the former Constituent Assembly in two. The Amendment act of 1935
1703-561: A plebiscite, although there was no legal requirement to seek such confirmation. Indian troops secured Jammu , Srinagar and the valley itself during the First Kashmir War , but the intense fighting flagged with the onset of winter, which made much of the state impassable. Prime Minister Nehru, recognising the degree of international attention brought to bear on the dispute, sought UN arbitration, arguing that India would otherwise have to invade Pakistan itself, in view of its failure to stop
1834-551: A position to ensure that independent India adhered to any terms that might be agreed upon, because Prime Minister Jawaharlal Nehru and Patel had asked him to become the first Governor General of the Dominion of India . Mountbatten used his influence with the princes to push them towards accession. He declared that the British Government would not grant dominion status to any of the princely states, nor would it accept them into
1965-477: A preamble and 470 articles, which are grouped into 25 parts. With 12 schedules and five appendices, it has been amended 105 times ; the latest amendment became effective on 15 August 2021. The constitution's articles are grouped into the following parts: Schedules are lists in the constitution which categorise and tabulate bureaucratic activity and government policy. The executive, legislative, and judicial branches of government receive their power from
2096-416: A princely state located on the south-western end of Gujarat and having no common border with Pakistan, chose to accede to Pakistan ignoring Mountbatten's views, arguing that it could be reached from Pakistan by sea. The rulers of two states that were subject to the suzerainty of Junagadh— Mangrol and Babariawad —reacted to this by declaring their independence from Junagadh and acceding to India. In response,
2227-496: A result, it attempted to insist on the incorporation of the princely states into India in its negotiations with the British, but the British took the view that this was not in their power to grant. In July 1946, Nehru pointedly observed that no princely state could prevail militarily against the army of independent India. A few British leaders, particularly Lord Mountbatten , the last British viceroy of India , were also uncomfortable with breaking links between independent India and
2358-481: A single constitution, single citizenship , an integrated judiciary, a flexible constitution, a strong central government , appointment of state governors by the central government, All India Services (the IAS , IFS and IPS ), and emergency provisions . This unique combination makes it quasi-federal in form. Each state and union territory has its own government. Analogous to the president and prime minister, each has
2489-506: A small state in central India, did not accede until March 1948. The biggest problems, however, arose with a few border states, such as Jodhpur , which tried to negotiate better deals with Pakistan, with Junagadh , which actually did accede to Pakistan, and with Hyderabad and Kashmir , which decided to remain independent. The ruler of Jodhpur , Hanwant Singh , was antipathetic to the Congress, and did not see much future in India for him or
2620-458: A union of Gwalior , Indore and eighteen smaller states. In Punjab, the Patiala and East Punjab States Union was formed on 15 July 1948 from Patiala , Kapurthala , Jind , Nabha , Faridkot , Malerkotla , Nalargarh , and Kalsia . The United State of Rajasthan was formed as the result of a series of mergers, the last of which was completed on 15 May 1949. Travancore and Cochin were merged in
2751-529: Is a basic characteristic of the constitution, overturning Articles 368(4), 368(5) and 31C. Political integration of India Before it gained independence in 1947, India (also called the Indian Empire) was divided into two sets of territories, one under direct British rule (British India), and the other consisting of princely states under the suzerainty of the British Crown , with control over their internal affairs remaining to varying degrees in
SECTION 20
#17328440406722882-489: Is also a very important step for making the constitution for two new born countries. Each new assembly had sovereign power to draft and enact a new constitution for the separate states. The constitution was drafted by the Constituent Assembly , which was elected by elected members of the provincial assemblies . The 389-member assembly (reduced to 299 after the partition of India ) took almost three years to draft
3013-704: Is given to me does not really belong to me. It belongs partly to Sir B.N. Rau the Constitutional Advisor to the Constituent Assembly who prepared a rough draft of the Constitution for the consideration of Drafting Committee. A part of the credit must go to the members of the Drafting Committee who, as I have said, have sat for 141 days and without whose ingenuity to devise new formulae and capacity to tolerate and to accommodate different points of view,
3144-583: Is hand-written, with each page decorated by artists from Shantiniketan including Beohar Rammanohar Sinha and Nandalal Bose . Its calligrapher was Prem Behari Narain Raizada . The constitution was published in Dehradun and photolithographed by the Survey of India . Production of the original constitution took nearly five years. Two days later, on 26 January 1950, it became the law of India . The estimated cost of
3275-474: Is no provision for a joint session of the Lok Sabha and Rajya Sabha to pass a constitutional amendment. During a parliamentary recess, the president cannot promulgate ordinances under his legislative powers under Article 123, Chapter III . Despite the supermajority requirement for amendments to pass, the Indian constitution is the world's most frequently-amended national governing document. The constitution
3406-682: Is preserved in a helium -filled case at the Parliament Library Building in New Delhi . In 1928, the All Parties Conference convened a committee in Lucknow to prepare the Constitution of India, which was known as the Nehru Report . With the exception of scattered French and Portuguese exclaves, India was under the British rule from 1858 to 1947. From 1947 to 1950, the same legislation continued to be implemented as India
3537-611: Is so specific in spelling out government powers that many amendments address issues dealt with by statute in other democracies. In 2000, the Justice Manepalli Narayana Rao Venkatachaliah Commission was formed to examine a constitutional update. The commission submitted its report on 31 March 2002. However, the recommendations of this report have not been accepted by the consecutive governments. The government of India establishes term-based law commissions to recommend legal reforms, facilitating
3668-666: The British Commonwealth , which meant that the British Crown would sever all connections with the states unless they joined either India or Pakistan. He pointed out that the Indian subcontinent was one economic entity, and that the states would suffer most if the link were broken. He also pointed to the difficulties that princes would face maintaining order in the face of threats such as the rise of communal violence and communist movements . Mountbatten stressed that he would act as
3799-457: The Dominion of India . In return for their agreement to entirely cede their states, it gave princes many guarantees. Princes would receive an annual payment from the Indian government in the form of a privy purse as compensation for the surrender of their powers and the dissolution of their states. While state property would be taken over, their private property would be protected, as would all personal privileges, dignities and titles. Succession
3930-612: The Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India . To ensure constitutional autochthony , its framers repealed prior acts of the British parliament in Article 395. India celebrates its constitution on 26 January as Republic Day . The constitution declares India a sovereign , socialist , secular , and democratic republic , assures its citizens justice , equality , and liberty , and endeavours to promote fraternity . The original 1950 constitution
4061-473: The Government of India Act 1935 . Rulers of states which were in effect estates or talukas , where substantial administrative powers were exercised by the Crown, signed a different Instrument of Accession, which vested all residuary powers and jurisdiction in the Government of India. Rulers of states which had an intermediate status signed a third type of Instrument, which preserved the degree of power they had under
All Parties Conference - Misplaced Pages Continue
4192-469: The Governors of the former British provinces, thus giving the people of their territories the same measure of responsible government as the people of the rest of India. The result of this process has been described as being, in effect, an assertion of paramountcy by the Government of India over the states in a more pervasive form. While this contradicted the British statement that paramountcy would lapse on
4323-556: The States Department , which was in charge of relations with the princely states. Mountbatten believed that securing the states' accession to India was crucial to reaching a negotiated settlement with the Congress for the transfer of power. As a relative of King George VI, he was trusted by most of the princes and was a personal friend of many, especially the Nawab of Bhopal , Hamidullah Khan . The princes also believed that he would be in
4454-622: The United Provinces and Assam . Not all states that signed Merger Agreements were integrated into provinces, however. Thirty states of the former Punjab Hill States Agency which lay near the international border and had signed Merger Agreements were integrated into Himachal Pradesh , a distinct entity that was administered directly by the centre as a Chief Commissioner's Province , for reasons of security. The Merger Agreements required rulers to cede "full and exclusive jurisdiction and powers for and in relation to governance" of their state to
4585-518: The independence of India . V. D. Savarkar particularly hailed the Hindu dominated states as the 'bedrock of Hindu power' and defended their despotic powers, referring to them as the 'citadels of organised Hindu power'. He particularly hailed the princely states such as Mysore State , Travancore , Oudh and Baroda State as 'progressive Hindu states'. The era of the princely states effectively ended with Indian independence in 1947; by 1950, almost all of
4716-509: The 20th century, the British made several attempts to integrate the princely states more closely with British India, in 1921 creating the Chamber of Princes as a consultative and advisory body, and in 1936 transferring the responsibility for the supervision of smaller states from the provinces to the centre and creating direct relations between the Government of India and the larger princely states, superseding political agents. A more ambitious aim
4847-571: The All Parties Conference recommended dominion status for India. It goal was to renegotiate an alliance between congress and muslim league This article about an Indian political party is a stub . You can help Misplaced Pages by expanding it . Constitution of India The Constitution of India is the supreme legal document of India . The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights , directive principles , and
4978-490: The British crown would return to them, leaving them free to negotiate relationships with the new states of India and Pakistan "on a basis of complete freedom". Early British plans for the transfer of power, such as the offer produced by the Cripps Mission , recognised the possibility that some princely states might choose to stand out of independent India. This was unacceptable to the Indian National Congress , which regarded
5109-602: The British. The Instruments of Accession implemented a number of other safeguards. Clause 7 provided that the princes would not be bound to the Indian constitution as and when it was drafted. Clause 8 guaranteed their autonomy in all areas that were not ceded to the Government of India. This was supplemented by a number of promises. Rulers who agreed to accede would receive guarantees that their extra-territorial rights, such as immunity from prosecution in Indian courts and exemption from customs duty, would be protected, that they would be allowed to democratise slowly, that none of
5240-557: The Congress' intentions, and invited them to join independent India "to make laws sitting together as friends than to make treaties as aliens". He reiterated that the States Department would not attempt to establish a relationship of domination over the princely states. Unlike the Political Department of the British Government, it would not be an instrument of paramountcy, but a medium whereby business could be conducted between
5371-483: The Congress, hoping thereby to gain a say in shaping the final settlement. The resultant inability to present a united front or agree on a common position significantly reduced their bargaining power in negotiations with the Congress. The decision by the Muslim League to stay out of the Constituent Assembly was also fatal to the princes' plan to build an alliance with it to counter the Congress, and attempts to boycott
All Parties Conference - Misplaced Pages Continue
5502-518: The Constituent Assembly altogether failed on 28 April 1947, when the states of Baroda , Bikaner , Cochin , Gwalior , Jaipur , Jodhpur , Patiala and Rewa took their seats in the Assembly. Many princes were also pressured by popular sentiment favouring integration with India, which meant their plans for independence had little support from their subjects. The Maharaja of Travancore, for example, definitively abandoned his plans for independence after
5633-416: The Constituent Assembly was ₹ 6.3 crore . The constitution has had more than 100 amendments since it was enacted. The Indian constitution is the world's longest for a sovereign nation. At its enactment, it had 395 articles in 22 parts and 8 schedules. At about 145,000 words, it is the second-longest active constitution—after the Constitution of Alabama —in the world. The amended constitution has
5764-423: The Constitution. I must not omit to mention the members of the staff working under Mr. Mukherjee. For, I known how hard they worked and how long they have toiled sometimes even beyond midnight. I want to thank them all for their effort and their co-operation. While deliberating the revised draft constitution, the assembly moved, discussed and disposed off 2,473 amendments out of a total of 7,635. G. V. Mavlankar
5895-689: The Eastern India Agency and Chhattisgarh Agency were summoned to an all-night meeting with Menon, where they were persuaded to sign Merger Agreements integrating their states into Orissa, the Central Provinces and Bihar with effect from 1 January 1948. Later that year, 66 states in Gujarat and the Deccan were merged into Bombay , including the large states of Kolhapur and Baroda . Other small states were merged into Madras , East Punjab , West Bengal,
6026-778: The Muslim population of Poonch by the Maharajah's forces circulated in Pakistan. Shortly thereafter, Pathan tribesmen from the North-West Frontier Province of Pakistan crossed the border and entered Kashmir. The invaders made rapid progress towards Srinagar . The Maharaja of Kashmir wrote to India, asking for military assistance. India required the signing of an Instrument of Accession and setting up an interim government headed by Sheikh Abdullah in return. The Maharaja complied, but Nehru declared that it would have to be confirmed by
6157-409: The Nawab did not change his mind before then, which he was free to do. The Nawab agreed, and did not renege over the deal. At the time, several princes complained that they were being betrayed by Britain, who they regarded as an ally, and Sir Conrad Corfield resigned his position as head of the Political Department in protest at Mountbatten's policies. Mountbatten's policies were also criticised by
6288-513: The Nawab of Junagadh militarily occupied the states. The rulers of neighbouring states reacted angrily, sending their troops to the Junagadh frontier and appealed to the Government of India for assistance. A group of Junagadhi people, led by Samaldas Gandhi , formed a government-in-exile, the Aarzi Hukumat ("provisional government"). India believed that if Junagadh was permitted to go to Pakistan,
6419-509: The Nizam in June 1947 issued a firman announcing that on the transfer of power, his state would be resuming independence. The Government of India rejected the firman, terming it a "legalistic claim of doubtful validity". It argued that the strategic location of Hyderabad, which lay astride the main lines of communication between northern and southern India, meant it could easily be used by "foreign interests" to threaten India, and that in consequence,
6550-586: The Razakars and return of Indian troops to Secunderabad . On 13 September 1948, two days after the death of Jinnah, the Indian Army was sent into Hyderabad under Operation Polo on the grounds that the law and order situation there threatened the peace of South India . The troops met little resistance by the Razakars and between 13 and 18 September took complete control of the state. The operation led to massive communal violence with estimates of deaths ranging from
6681-467: The argument of Indian officials such as V. P. Menon that the integration of the princely states into independent India would, to some extent, assuage the wounds of partition . The result was that Mountbatten personally favoured and worked towards the accession of princely states to India following the transfer of power, as proposed by the Congress. Hindu Mahasabha took funding from the princely states and supported them to remain independent even after
SECTION 50
#17328440406726812-428: The army of independent India. In January 1947, Nehru said that independent India would not accept the divine right of kings . In May 1947, he declared that any princely state which refused to join the Constituent Assembly would be treated as an enemy state. Sardar Vallabhbhai Patel along with Louis Mountbatten and V. P. Menon were more conciliatory towards the princes, and as the men charged with integrating
6943-423: The army of independent India. In January 1947, he said that independent India would not accept the divine right of kings , and in May 1947, he declared that any princely state which refused to join the Constituent Assembly would be treated as an enemy state. Other Congress leaders, such as C. Rajagopalachari , argued that as paramountcy "came into being as a fact and not by agreement", it would necessarily pass to
7074-657: The assembly, which had over 30 representatives of the scheduled classes . Frank Anthony represented the Anglo-Indian community , and the Parsis were represented by H. P. Modi. Harendra Coomar Mookerjee , a Christian assembly vice-president, chaired the minorities committee and represented non-Anglo-Indian Christians. Ari Bahadur Gurung represented the Gorkha community. Judges, such as Alladi Krishnaswamy Iyer , Benegal Narsing Rau , K. M. Munshi and Ganesh Mavlankar were members of
7205-427: The assembly, committees were proposed. Rau's draft was considered, debated and amended by the seven-member drafting committee, which was appointed on 29 August 1947 with B. R. Ambedkar as chair. A revised draft constitution was prepared by the committee and submitted to the assembly on 4 November 1947. Before adopting the constitution, the assembly held eleven sessions in 165 days. On 26 November 1949, it adopted
7336-425: The assembly. Female members included Sarojini Naidu , Hansa Mehta , Durgabai Deshmukh , Amrit Kaur and Vijaya Lakshmi Pandit . The first, two-day president of the assembly was Sachchidananda Sinha ; Rajendra Prasad was later elected president. It met for the first time on 9 December 1946. Sir B. N. Rau , a civil servant who became the first Indian judge in the International Court of Justice and
7467-432: The attempted assassination of his dewan, Sir C. P. Ramaswami Iyer . In a few states, the chief ministers or dewans played a significant role in convincing the princes to accede to India. The key factors that led the states to accept integration into India were, however, the efforts of Lord Mountbatten , Sardar Vallabhbhai Patel and V. P. Menon . The latter two were respectively the political and administrative heads of
7598-456: The basic structure doctrine. The extent of land ownership and practice of a profession, in this case, were considered fundamental rights. The ruling was overturned with the ratification of the 24th Amendment in 1971. The judiciary is the final arbiter of the constitution. Its duty (mandated by the constitution) is to act as a watchdog, preventing any legislative or executive act from overstepping constitutional bounds. The judiciary protects
7729-549: The central government the same degree of powers over the former princely states as it had over the former British provinces. In May 1948, at the initiative of V. P. Menon, a meeting was held in Delhi between the Rajpramukhs of the princely unions and the States Department, at the end of which the Rajpramukhs signed new Instruments of Accession which gave the Government of India the power to pass laws in respect of all matters that fell within
7860-535: The collapse of this initial resistance and to nearly all non-Muslim majority princely states agreeing to accede to India. An important factor was the lack of unity among the princes. The smaller states did not trust the larger states to protect their interests, and many Hindu rulers did not trust Muslim princes, in particular Hamidullah Khan , the Nawab of Bhopal and a leading proponent of independence, whom they viewed as an agent for Pakistan. Others, believing integration to be inevitable, sought to build bridges with
7991-464: The communal tension already simmering in Gujarat would worsen, and refused to accept the accession. The government pointed out that the state was 80% Hindu, and called for a referendum to decide the question of accession. Simultaneously, they cut off supplies of fuel and coal to Junagadh, severed air and postal links, sent troops to the frontier, and reoccupied the principalities of Mangrol and Babariawad that had acceded to India. Pakistan agreed to discuss
SECTION 60
#17328440406728122-531: The constitution and are bound by it. With the aid of its constitution, India is governed by a parliamentary system of government with the executive directly accountable to the legislature . The constitution is considered federal in nature, and unitary in spirit. It has features of a federation, including a codified , supreme constitution; a three-tier governmental structure (central, state and local); division of powers ; bicameralism ; and an independent judiciary . It also possesses unitary features such as
8253-406: The constitution by Parliament. An amendment bill must be passed by each house of Parliament by a two-thirds majority of its total membership when at least two-thirds are present and vote. Certain amendments pertaining to the constitution's federal nature must also be ratified by a majority of state legislatures. Unlike ordinary bills in accordance with Article 245 (except for money bills ), there
8384-498: The constitution holding eleven sessions over a 165-day period. In the constitution assembly, a member of the drafting committee, T. T. Krishnamachari said: Mr. President, Sir, I am one of those in the House who have listened to Dr. Ambedkar very carefully. I am aware of the amount of work and enthusiasm that he has brought to bear on the work of drafting this Constitution. At the same time, I do realise that that amount of attention that
8515-489: The constitution to the limit of its basic structure. The Supreme Court or a high court may declare the amendment null and void if this is violated, after a judicial review . This is typical of parliamentary governments, where the judiciary checks parliamentary power. In its 1967 Golak Nath v. State of Punjab decision, the Supreme Court ruled that the state of Punjab could not restrict any fundamental rights protected by
8646-519: The constitution, which was signed by 284 members. The day is celebrated as National Law Day, or Constitution Day . The day was chosen to spread the importance of the constitution and to spread thoughts and ideas of Ambedkar. The assembly's final session convened on 24 January 1950. Each member signed two copies of the constitution, one in Hindi and the other in English. The original constitution
8777-441: The constitution. According to the doctrine, the constitution's basic features (when "read as a whole") cannot be abridged or abolished. These "basic features" have not been fully defined, and whether a particular provision of the constitution is a "basic feature" is decided by the courts. The Kesavananda Bharati v. State of Kerala decision laid down the constitution's basic structure: This implies that Parliament can only amend
8908-407: The difficulty of absorbing and subduing annexed states, and the usefulness of princely states as a source of support. In 1858, the policy of annexation was formally renounced, and British relations with the remaining princely states thereafter were based on subsidiary alliances , whereby the British exercised paramountcy over all princely states, with the British crown as ultimate suzerain , but at
9039-494: The duties of citizens. It is the longest written national constitution in the world. It imparts constitutional supremacy (not parliamentary supremacy , since it was created by a constituent assembly rather than Parliament ) and was adopted by its people with a declaration in its preamble . Parliament cannot override the constitution . It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The constitution replaced
9170-403: The eighteen major states would be forced to merge, and that they would remain eligible for British honours and decorations . In discussions, Lord Mountbatten reinforced the statements of Patel and Menon by emphasising that the documents gave the princes all the "practical independence" they needed. Mountbatten, Patel and Menon also sought to give princes the impression that if they did not accept
9301-451: The event of a conflict between India and Pakistan. India rejected this proposal, arguing that other states would demand similar concessions. A temporary Standstill Agreement was signed as a stopgap measure, even though Hyderabad had not yet agreed to accede to India. By December 1947, however, India was accusing Hyderabad of repeatedly violating the Agreement, while the Nizam alleged that India
9432-539: The event of communal problems. Hanwant Singh came close to signing. However, the atmosphere in Jodhpur was in general hostile to accession to Pakistan. Mountbatten also pointed out that the accession of a predominantly Hindu state to Pakistan would violate the principle of the two-nation theory on which Pakistan was based, and was likely to cause communal violence in the State. Hanwant Singh was persuaded by these arguments, and somewhat reluctantly agreed to accede to India. In
9563-480: The expectations of the Government of India or the States Department. In December 1947, Menon suggested requiring the rulers of states to take "practical steps towards the establishment of popular government". The States Department accepted his suggestion, and implemented it through a special covenant signed by the rajpramukhs of the merged princely unions, binding them to act as constitutional monarchs. This meant that their powers were de facto no different from those of
9694-604: The extinction of their states as discrete entities, the rulers were given a privy purse and guarantees similar to those provided under the Merger Agreements. Through this process, Patel obtained the unification of 222 states in the Kathiawar peninsula of his native Gujarat into the princely union of Saurashtra in January 1948, with six more states joining the union the following year. Madhya Bharat emerged on 28 May 1948 from
9825-407: The former Central India Agency , whose princely states had initially been merged into a princely union called Vindhya Pradesh , the rivalry between two groups of states became so bad that the Government of India persuaded the rulers to sign a Merger Agreement abrogating the old Covenants of Merger, and took direct control of the state as a Chief Commissioner's State. As such, the mergers did not meet
9956-444: The fundamental rights of the people (enshrined in the constitution) from infringement by any state body, and balances the conflicting exercise of power between the central government and a state (or states). The courts are expected to remain unaffected by pressure exerted by other branches of the state, citizens or interest groups. An independent judiciary has been held as a basic feature of the constitution, which cannot be changed by
10087-435: The government of independent India, as the successor of the British. Patel and Menon, who were charged with the actual job of negotiating with the princes, took a more conciliatory approach than Nehru. The official policy statement of the Government of India made by Patel on 5 July 1947 made no threats. Instead, it emphasised the unity of India and the common interests of the princes and independent India, reassured them about
10218-402: The hands of their hereditary rulers. The latter included 562 princely states which had different types of revenue-sharing arrangements with the British, often depending on their size, population and local conditions. In addition, there were several colonial enclaves controlled by France and Portugal . After independence, the political integration of these territories into an Indian Union was
10349-453: The independence of princely states as a denial of the course of Indian history, and consequently regarded this scheme as a " Balkanisation " of India. The Congress had traditionally been less active in the princely states because of their limited resources which restricted their ability to organise there and their focus on the goal of independence from the British, and because Congress leaders, in particular Mahatma Gandhi , were sympathetic to
10480-444: The issue involved national-security concerns. It also pointed out that the state's people, history and location made it unquestionably Indian, and that its own "common interests" therefore mandated its integration into India. The Nizam was prepared to enter into a limited treaty with India, which gave Hyderabad safeguards not provided for in the standard Instrument of Accession, such as a provision guaranteeing Hyderabad's neutrality in
10611-507: The legislature or the executive. Article 50 of the Constitution provides that the state must take measures to separate the judiciary from the executive in the public services. Judicial review was adopted by the constitution of India from judicial review in the United States . In the Indian constitution, judicial review is dealt with in Article 13 . The constitution is the supreme power of
10742-660: The lifestyle he wished to lead. Along with the ruler of Jaisalmer , he entered into negotiations with Muhammad Ali Jinnah , who was the designated head of state for Pakistan . Jinnah was keen to attract some of the larger border states, hoping thereby to attract other Rajput states to Pakistan and compensate for the loss of half of Bengal and Punjab . He offered to permit Jodhpur and Jaisalmer to accede to Pakistan on any terms they chose, giving their rulers blank sheets of paper and asking them to write down their terms, which he would sign. Jaisalmer refused, arguing that it would be difficult for him to side with Muslims against Hindus in
10873-401: The middle of 1949 to form the princely union of Travancore-Cochin . The only princely states which signed neither Covenants of Merger nor Merger Agreements were Kashmir, Mysore and Hyderabad. Merging the administrative machineries of each state and integrating them into one political and administrative entity was not easy, particularly as many of the merged states had a history of rivalry. In
11004-400: The more progressive princes as examples of the capacity of Indians to rule themselves. In 1920, Congress under the leadership of Mahatma Gandhi declared that attainment of swaraj for Indians was its goal. It asked "all the sovereign princes of India to establish full responsible government in their states". Gandhi assured the princes that Congress will not intervene in internal affairs of
11135-671: The nation, and governs all laws. According to Article 13 : Due to the adoption of the Thirty-eighth Amendment , the Supreme Court was not allowed to preside over any laws adopted during a state of emergency which infringe fundamental rights under article 32 (the right to constitutional remedies). The Forty-second Amendment widened Article 31C and added Articles 368(4) and 368(5), stating that any law passed by Parliament could not be challenged in court. The Supreme Court ruled in Minerva Mills v. Union of India that judicial review
11266-476: The northeast India, the border states of Manipur and Tripura acceded to India on 11 August and 13 August respectively. Although the states were in theory free to choose whether they wished to accede to India or Pakistan, Mountbatten had pointed out that "geographic compulsions" meant that most of them must choose India. In effect, he took the position that only the states that shared a border with Pakistan could choose to accede to it. The Nawab of Junagadh ,
11397-516: The official one of 27,000–40,000 to scholarly ones of 200,000 or more. The Nizam was retained as the head of state in the same manner as the other princes who acceded to India. He thereupon disavowed the complaints that had been made to the UN and, despite vehement protests from Pakistan and strong criticism from other countries, the Security Council did not deal further with the question, and Hyderabad
11528-411: The opposition Conservative Party . Winston Churchill compared the language used by the Indian government with that used by Adolf Hitler before the invasion of Austria . Modern historians such as E. W. R. Lumby and R. J. Moore, however, take the view that Mountbatten played a crucial role in ensuring that the princely states agreed to accede to India. By far the most significant factor that led to
11659-469: The other guarantees they offered, gave sufficient comfort to many rulers, who saw this as the best deal they could strike given the lack of support from the British, and popular internal pressures. Between May 1947 and the transfer of power on 15 August 1947, the vast majority of states signed Instruments of Accession. A few, however, held out. Some simply delayed signing the Instrument of Accession. Piploda ,
11790-483: The princely state in question agreed to the accession of his kingdom to independent India, granting the latter control over specified subject matters. The nature of the subject matters varied depending on the acceding state. The states which had internal autonomy under the British signed an Instrument of Accession which only ceded three subjects to the government of India—defence, external affairs , and communications, each defined in accordance with List 1 to Schedule VII of
11921-498: The princely states were organised and were supported by the Congress's ministries. Gandhi fasted in Rajkot State to demand "full responsible government" and added that "the people" were "the real rulers of Rajkot under the paramountcy of the Congress". Gandhi termed this protest as struggle against "the disciplined hordes of the British empire". Gandhi proclaimed that the Congress had now every right to intervene in "the states which are
12052-404: The princely states. In 1939, Nehru challenged the existence of the princely states and added that "the states in modern India are anachronistic and do not deserve to exist." By 1939, the Congress's formal stance was that the states must enter independent India, on the same terms and with the same autonomy as the provinces of British India, and with their people granted responsible government. As
12183-604: The princely states. Congress reiterated their demand at 1928 Calcutta Congress, "This Congress assures the people of the Indian States of its sympathy with and support in their legitimate and peaceful struggle for the attainment of full responsible government in the States." Jawaharlal Nehru played a major role in pushing Congress to confront the princely states. In his presidential address at Lahore session in 1929, Jawaharlal Nehru declared: "The Indian states cannot live apart from
12314-476: The princely states. The development of trade, commerce and communications during the 19th and 20th centuries had bound the princely states to the British India through a complex network of interests. Agreements relating to railways, customs, irrigation, use of ports, and other similar agreements would get terminated, posing a serious threat to the economic life of the subcontinent. Mountbatten was also persuaded by
12445-454: The princes' decision to accede to India was the policy of the Congress and, in particular, of Patel and Menon . The Congress' stated position was that the princely states were not sovereign entities, and as such could not opt to be independent notwithstanding the end of paramountcy. The princely states must therefore accede to either India or Pakistan. In July 1946, Nehru pointedly observed that no princely state could prevail militarily against
12576-414: The principalities had acceded to either India or Pakistan. The rulers of the princely states were not uniformly enthusiastic about integrating their domains into independent India. The Jamkhandi State integrated first with Independent India. Some, such as the rulers of Bikaner and Jawhar , were motivated to join India out of ideological and patriotic considerations, but others insisted that they had
12707-492: The provinces which constituted their Empire in India . The second was a policy of indirect rule, where the British assumed paramountcy over princely states, but conceded to them sovereignty and varying degrees of internal self-government . During the early part of the 19th century, the policy of the British tended towards annexation, but the Indian Rebellion of 1857 forced a change in this approach, by demonstrating both
12838-413: The rest of the (sic) India". Nehru added he is "no believer in kings or princes" and that "the only people who have the right to determine the future of the States must be the people of these States. This Congress which claims self-determination cannot deny it to the people of the states." After the Congress's electoral victory in 1937 elections , protests, sometimes violent, and satyagrahas against
12969-518: The result of courtly intrigue. Having secured the accession of the princely states, the Government of India between 1948 and 1950 turned to the task of welding the states and the former British provinces into one polity under a single republican constitution. The first step in this process carried out between 1947 and 1950, was to merge the smaller states that were not seen by the Government of India to be viable administrative units either into neighbouring provinces, or with other princely states to create
13100-531: The right to determine the future of the States must be the people of these States". In 1937, the Congress won in most parts of British India (not including the princely states) in the provincial elections , and started to intervene in the affairs of the states. In the same year, Gandhi played a major role in proposing a federation involving a union between British India and the princely states, with an Indian central government. In 1946, Jawaharlal Nehru observed that no princely state could prevail militarily against
13231-509: The right to join either India or Pakistan, to remain independent, or form a union of their own. Bhopal , Travancore and Hyderabad announced that they did not intend to join either dominion. Hyderabad went as far as to appoint trade representatives in European countries and commencing negotiations with the Portuguese to lease or buy Goa to give it access to the sea, and Travancore pointed to
13362-540: The role of supporting the Muslim ruling class against upsurges by the Hindu populace, and began intensifying its activities and was accused of attempting to intimidate villages. The Hyderabad State Congress Party, affiliated to the Indian National Congress, launched a political agitation. Matters were made worse by communist groups, which had originally supported the Congress but now switched sides and began attacking Congress groups. Attempts by Mountbatten to find
13493-476: The rule of law. In Kesavananda Bharati v. State of Kerala , the Supreme Court ruled that an amendment cannot destroy what it seeks to modify; it cannot tinker with the constitution's basic structure or framework, which are immutable. Such an amendment will be declared invalid, although no part of the constitution is protected from amendment; the basic structure doctrine does not protect any one provision of
13624-448: The rulers of salute states , and a presidium , one or more of whose members were elected by the rulers of non-salute states, with the rest elected by the council. The Rajpramukh and his deputy Uprajpramukh were chosen by the council from among the members of the presidium. The Covenants made provision for the creation of a constituent assembly for the new union which would be charged with framing its constitution. In return for agreeing to
13755-460: The same time respected and protected them as allies, taking control of their external relations. The exact relations between the British and each princely state were regulated by individual treaties and varied widely, with some states having complete internal self-government, others being subject to significant control in their internal affairs, and some rulers being in effect little more than the owners of landed estates, with little autonomy. During
13886-399: The seventh schedule of the Government of India Act 1935 . Subsequently, each of the princely unions, as well as Mysore and Hyderabad, agreed to adopt the Constitution of India as the constitution of that state, thus ensuring that they were placed in exactly the same legal position vis-à-vis the central government as the former British provinces. Until Article 370 of the Constitution of India
14017-582: The smaller states were very small and lacked resources to sustain their economies and support their growing populations. Many also imposed tax rules and other restrictions impeding free trade, which had to be dismantled in a united India. Given that the merger involved the breach of guarantees personally given by Mountbatten, initially, Patel and Nehru intended to wait until after his term as Governor-General ended. An adivasi uprising in Orissa in late 1947, however, forced their hand. In December 1947, princes from
14148-523: The states and India as equals. Patel and Menon backed up their diplomatic efforts by producing treaties that were designed to be attractive to rulers of princely states. Two key documents were produced. The first was the Standstill Agreement , which confirmed the continuance of the pre-existing agreements and administrative practices. The second was the Instrument of Accession , by which the ruler of
14279-412: The states, were successful in the task. Having secured their accession, they then proceeded, step by step, to secure and extend the union government's authority over these states and transform their administrations until, by 1956, there was little difference between the territories that had been part of British India and those that had been princely states. Simultaneously, the Government of India, through
14410-477: The strategic importance to Western countries of its thorium reserves while asking for recognition. Some states proposed a subcontinent-wide confederation of princely states, as a third entity in addition to India and Pakistan. Bhopal attempted to build an alliance between the princely states and the Muslim League to counter the pressure being put on rulers by the Congress. A number of factors contributed to
14541-516: The task of framing the Constitution could not have come to so successful a conclusion. Much greater share of the credit must go to Mr. S. N. Mukherjee , the Chief Draftsman of the Constitution. His ability to put the most intricate proposals in the simplest and clearest legal form can rarely be equalled, nor his capacity for hard work. He has been an acquisition to the Assembly. Without his help this Assembly would have taken many more years to finalise
14672-416: The terms put to them then, they might subsequently need to accede on substantially less favourable terms. The Standstill Agreement was also used as a negotiating tool, as the States Department categorically ruled out signing a Standstill Agreement with princely states that did not sign an Instrument of Accession. The limited scope of the Instruments of Accession and the promise of a wide-ranging autonomy and
14803-502: The time of the transfer of power, the state of Jammu and Kashmir (widely called "Kashmir") was ruled by Maharaja Hari Singh , a Hindu, although the state itself had a Muslim majority. Hari Singh was equally hesitant about acceding to either India or Pakistan, as either would have provoked adverse reactions in parts of his kingdom. He signed a Standstill Agreement with Pakistan and proposed one with India as well, but announced that Kashmir intended to remain independent. However, his rule
14934-614: The transfer of power, the Congress position had always been that independent India would inherit the position of being the paramount power. Democratisation still left open one important distinction between the former princely states and the former British provinces, namely, that since the princely states had signed limited Instruments of Accession covering only three subjects, they were insulated from government policies in other areas. The Congress viewed this as hampering its ability to frame policies that brought about social justice and national development. Consequently, they sought to secure to
15065-686: The tribal incursions. On 13 August 1948, the UN adopted a three-part resolution and demanded ceasefire. On 1 January 1949, India agreed to a ceasefire. The plebiscite was never held, and on 26 January 1950, the Constitution of India came into force in Kashmir, but with special provisions made for the state. India did not, however, capture all of the Jammu and Kashmir. The northern and western portions of Kashmir came under Pakistan's control in 1947 during 1947 Poonch rebellion and 1947 Gilgit rebellion , and came to be called Pakistan-administered Kashmir . Hyderabad
15196-415: The trustee of the princes' commitment, as he would be serving as India's head of state well into 1948. He engaged in a personal dialogue with reluctant princes, such as the Nawab of Bhopal, who he asked through a confidential letter to sign the Instrument of Accession making Bhopal part of India, which Mountbatten would keep locked up in his safe. It would be handed to the States Department on 15 August only if
15327-451: The various treaties between the British crown and the states. Neither paramountcy nor the subsidiary alliances could continue after Indian independence . The British took the view that because they had been established directly between the British crown and the princely states, they could not be transferred to the newly independent dominions of India and Pakistan . At the same time, the alliances imposed obligations on Britain that it
15458-403: The vassals of the British". In 1937, Gandhi played a major role in formation of federation involving a union between British India and the princely states with an Indian central government. As a result of the federation scheme contained in the Government of India Act 1935 and the rise of socialist Congress leaders, the Congress began to actively engage with popular political and labour activity in
15589-483: Was president of the United Nations Security Council , was appointed as the assembly's constitutional adviser in 1946. Responsible for the constitution's general structure, Rau prepared its initial draft in February 1948. The draft of B.N. Rau consisted of 243 articles and 13 schedules which came to 395 articles and 8 schedules after discussions, debates and amendments. At 14 August 1947 meeting of
15720-455: Was a dominion of United Kingdom for these three years, as each princely state was convinced by Sardar Patel and V. P. Menon to sign the articles of integration with India, and the British Government continued to be responsible for the external security of the country. Thus, the constitution of India repealed the Indian Independence Act 1947 and Government of India Act 1935 when it became effective on 26 January 1950. India ceased to be
15851-519: Was a landlocked state that stretched over 82,000 square miles (over 212,000 square kilometres) in southeastern India. While 87% of its 17 million people were Hindu, its ruler Nizam Osman Ali Khan was a Muslim, and its politics were dominated by a Muslim elite. The Muslim nobility and the Ittehad-ul-Muslimeen , a powerful pro-Nizam Muslim party, insisted Hyderabad remain independent and stand on an equal footing to India and Pakistan. Accordingly,
15982-489: Was a scheme of federation contained in the Government of India Act 1935 , which envisaged the princely states and British India being united under a federal government. This scheme came close to success, but was abandoned in 1939 as a result of the outbreak of the Second World War . As a result, in the 1940s the relationship between the princely states and the crown remained regulated by the principle of paramountcy and by
16113-468: Was a void to that extent. One or two people were far away from Delhi and perhaps reasons of health did not permit them to attend. So it happened ultimately that the burden of drafting this constitution fell on Dr. Ambedkar and I have no doubt that we are grateful to him for having achieved this task in a manner which is undoubtedly commendable. B. R. Ambedkar in his concluding speech in constituent assembly on 25 November 1949 stated that: The credit that
16244-482: Was absorbed into India. The Instruments of Accession were limited, transferring control of only three matters to India, and would by themselves have produced a rather loose federation, with significant differences in administration and governance across the various states. Full political integration, in contrast, would require a process whereby the political actors in the various states were "persuaded to shift their loyalties, expectations, and political activities towards
16375-558: Was also guaranteed according to custom. In addition, the provincial administration was obliged to take on the staff of the princely states with guarantees of equal pay and treatment. A second kind of 'merger' agreement was demanded from larger states along sensitive border areas: Kutch in western India, and Tripura and Manipur in Northeast India . They were not merged into other forms but retained as Chief Commissioners' Provinces under central government control. Bhopal , whose ruler
16506-565: Was blockading his state, a charge India denied. The Nizam was also beset by the Telangana Rebellion , led by communists, which started in 1946 as a peasant revolt against feudal elements; and one which the Nizam was not able to subjugate. The situation deteriorated further in 1948. The Razakars ("volunteers"), a militia affiliated to the Ittehad-ul-Muslimeen and set up under the influence of Muslim radical Qasim Razvi , assumed
16637-459: Was necessary for the purpose of drafting a constitution so important to us at this moment has not been given to it by the Drafting Committee. The House is perhaps aware that of the seven members nominated by you, one had resigned from the House and was replaced. One died and was not replaced. One was away in America and his place was not filled up and another person was engaged in State affairs, and there
16768-416: Was not prepared to continue to carry out, such as the obligation to maintain troops in India for the defence of the princely states. The British government therefore decided that paramountcy, together with all treaties between them and the princely states, would come to an end upon the British departure from India. The termination of paramountcy meant that all rights flowing from the states' relationship with
16899-487: Was opposed by Sheikh Abdullah , the popular leader of Kashmir's largest political party, the National Conference , who demanded his abdication. Pakistan, attempting to force the issue of Kashmir's accession, cut off supplies and transport links. Its transport links with India were tenuous and flooded during the rainy season. Thus Kashmir's only links with the two dominions was by air. Rumours about atrocities against
17030-502: Was proud of the efficiency of his administration and feared that it would lose its identity if merged with the Maratha states that were its neighbours, also became a directly administered Chief Commissioner's Province, as did Bilaspur , much of which was likely to be flooded on completion of the Bhakra dam . The bulk of the larger states, and some groups of small states, were integrated through
17161-471: Was the first Speaker of the Lok Sabha (the lower house of Parliament) after India turned into a republic. B. R. Ambedkar , Sanjay Phakey, Jawaharlal Nehru , C. Rajagopalachari , Rajendra Prasad , Vallabhbhai Patel , Kanaiyalal Maneklal Munshi , Ganesh Vasudev Mavalankar , Sandipkumar Patel, Abul Kalam Azad , Shyama Prasad Mukherjee , Nalini Ranjan Ghosh , and Balwantrai Mehta were key figures in
#671328