Manipur’s status during 1947-49
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Dr L Malem Mangal
Contd from previous issue
As per Section 7(1) (b) of the IIA, at the lapse of British Paramountcy on and from August 15, 1947, Manipur among other Princely States became a fully sovereign independent State, her lost sovereignty having been restored. This status has been upheld and reaffirmed by the Supreme Court of India in various decisions from 1954 till 1993 (Virendra Singh v. State of UP, 1954 AIR 447; The States of Saurashtra v. Memom Haji Ismai, 1959 AIR 1383; Sawwarlal v. States of Hyderabad, 1960 AIR 862; State of Gujarat v. Vora Fiddali, 1964 AIR 1043; Shri Ragunathrao Ganpathrao v. Union of India, 1993 AIR 1267). To negate such a position would tantamount to rendering all the agreements which were concluded between the Government of India and States untenable. The implication would be that the idea of “independent India” would comprise of only the territories known as British Indian Provinces excluding the States.
The State transitioned from a Monarchy towards a Constitutional Democracy with the adoption of the Manipur State Constitution Act, 1947 on 26th July, 1947 and holding of elections based on adult franchise from June to July, 1948. A 53 seat Parliament was established making Manipur one of the first States in Asia to have ushered in a Parliamentary Democracy. The 53 seats were divided into General, Tribals and Mohammedan Constituencies having 30, 18 and 3 seats respectively. While MK Priyobarta was the first Chief Minister, Mr TC Tiankham became the first Speaker of the Manipur Parliament. However, Mani-pur’s recently restored sovereignty and democratically established institutions –namely the Government of Manipur and Parliament of Manipur were nipped in the bud when the Dominion Government of India occupied Manipur on October 15, 1949 through an order known as the Manipur Administration Order (MAO) subsequent to the Merger Agreement. The circumstances under which the Merger Agreement (MA) was made to sign by the titular King Bodhchandra and why the agreement is considered as null and void without any legal consequences is worth discussing.
MERGER AGREEMENT OF 21ST SEPTEMBER, 1949
It must be recalled that Maharajah Bodhchandra and his team were detained at the Redlands, Shillong under the colonial Bengal Regulation III, 1818 (Regulation III) which allowed detention of persons as under the National Security Act, 1980 of present day India. His team was not allowed to consult with his Council of Ministers. On 21st September 1949, Maharajah Bodhchandra signed the Merger Agreement with VP Menon, representative of the Dominion Government of India in the presence of Shri Prakasa, Governor of Assam under duress. The state of detention and seizure of the then titular King Bodhchandra could be well observed from the following statements made in a letter sent by Shri Prakasa, Governor of Assam to Sardar Patel, Deputy Prime Minister of India through telegram on 18th September, 1949:
“"... Had discussions with His Highness of Manipur this morning. HH must not under any circumstances be allowed to return to Manipur with his advisors and I have accordingly instructed police to detain here his party if they attempt to return before signing of agreement (sic. 1949 Merger Agreement).
“Please telegraph immediately repeat immediately authority for detention of HH and advisors under Regulation III (sic. abduction and kidnapping of the king by foreign Indian security forces) or by whatever other means you consider might be appropriate.
“Have already warned sub-area to be prepared for any eventuality (sic. covert military aggression and coup) in Manipur. Grateful for further instructions..."
In return, Sardar Patel from Birla House, Bombay is reported to have asked Prakasa thus: “...Is there no Indian Brigadier (at Shillong)?
The Shillong Times dated 27th September, 1949 report titled “Manipur annexed by New Delhi” also corroborates the position.
(To be contd)
Contd from previous issue
As per Section 7(1) (b) of the IIA, at the lapse of British Paramountcy on and from August 15, 1947, Manipur among other Princely States became a fully sovereign independent State, her lost sovereignty having been restored. This status has been upheld and reaffirmed by the Supreme Court of India in various decisions from 1954 till 1993 (Virendra Singh v. State of UP, 1954 AIR 447; The States of Saurashtra v. Memom Haji Ismai, 1959 AIR 1383; Sawwarlal v. States of Hyderabad, 1960 AIR 862; State of Gujarat v. Vora Fiddali, 1964 AIR 1043; Shri Ragunathrao Ganpathrao v. Union of India, 1993 AIR 1267). To negate such a position would tantamount to rendering all the agreements which were concluded between the Government of India and States untenable. The implication would be that the idea of “independent India” would comprise of only the territories known as British Indian Provinces excluding the States.
The State transitioned from a Monarchy towards a Constitutional Democracy with the adoption of the Manipur State Constitution Act, 1947 on 26th July, 1947 and holding of elections based on adult franchise from June to July, 1948. A 53 seat Parliament was established making Manipur one of the first States in Asia to have ushered in a Parliamentary Democracy. The 53 seats were divided into General, Tribals and Mohammedan Constituencies having 30, 18 and 3 seats respectively. While MK Priyobarta was the first Chief Minister, Mr TC Tiankham became the first Speaker of the Manipur Parliament. However, Mani-pur’s recently restored sovereignty and democratically established institutions –namely the Government of Manipur and Parliament of Manipur were nipped in the bud when the Dominion Government of India occupied Manipur on October 15, 1949 through an order known as the Manipur Administration Order (MAO) subsequent to the Merger Agreement. The circumstances under which the Merger Agreement (MA) was made to sign by the titular King Bodhchandra and why the agreement is considered as null and void without any legal consequences is worth discussing.
MERGER AGREEMENT OF 21ST SEPTEMBER, 1949
It must be recalled that Maharajah Bodhchandra and his team were detained at the Redlands, Shillong under the colonial Bengal Regulation III, 1818 (Regulation III) which allowed detention of persons as under the National Security Act, 1980 of present day India. His team was not allowed to consult with his Council of Ministers. On 21st September 1949, Maharajah Bodhchandra signed the Merger Agreement with VP Menon, representative of the Dominion Government of India in the presence of Shri Prakasa, Governor of Assam under duress. The state of detention and seizure of the then titular King Bodhchandra could be well observed from the following statements made in a letter sent by Shri Prakasa, Governor of Assam to Sardar Patel, Deputy Prime Minister of India through telegram on 18th September, 1949:
“"... Had discussions with His Highness of Manipur this morning. HH must not under any circumstances be allowed to return to Manipur with his advisors and I have accordingly instructed police to detain here his party if they attempt to return before signing of agreement (sic. 1949 Merger Agreement).
“Please telegraph immediately repeat immediately authority for detention of HH and advisors under Regulation III (sic. abduction and kidnapping of the king by foreign Indian security forces) or by whatever other means you consider might be appropriate.
“Have already warned sub-area to be prepared for any eventuality (sic. covert military aggression and coup) in Manipur. Grateful for further instructions..."
In return, Sardar Patel from Birla House, Bombay is reported to have asked Prakasa thus: “...Is there no Indian Brigadier (at Shillong)?
The Shillong Times dated 27th September, 1949 report titled “Manipur annexed by New Delhi” also corroborates the position.
(To be contd)
