38 | Commonalities and Variations in Merger Agreements

The merger agreements and covenants signed by the Rulers of Indian States have several key common features, which reflects the unified approach of the Government of India towards the integration process.

Cession of Full Authority and Jurisdiction:

A fundamental provision in almost all agreements was the cession by the Rulers of full and exclusive authority, jurisdiction, and powers related to the governance of their States to the Dominion Government (Government of India) or, in the case of Unions, to the newly formed United State. The agreements often specified that the Dominion Government would be competent to exercise these powers "in such manner and through such agency as it may think fit"

Cession of Authority and Transfer of Administration:

A central element in nearly all agreements is the Ruler's agreement to cede "full and exclusive authority, jurisdiction and powers for and about the governance of the State". This involves the transfer of the administration of the State to the Dominion Government or to the newly formed United State on a specified date

Rationale for Integration:

The agreements consistently state that the integration was undertaken in the "immediate interests" or "best interests" of the State and its people, or to secure the "welfare of the people"

Guarantee of Rulers' Personal Rights and Privileges:

The agreements uniformly guaranteed the continuance of their personal rights, titles and privileges that they enjoyed immediately before. Crucially, the succession to the gaddi (throne) according to law and custom was also guaranteed.

 Privy Purse Provisions:

Rulers were entitled to an annual "privy purse", to cover all their personal expenses. This sum was specified as tax-free and not subject to increase or reduction.

 Retention of Private Properties:

Rulers were guaranteed the full ownership, use, and enjoyment of their private properties, which were explicitly distinguished from State properties.

 Immunity from Legal Proceedings:

Another common feature was the immunity granted to Rulers from any inquiry or legal proceedings (civil or criminal), by or under the authority of the new State or the Government of India, for anything done or omitted to be done by them or under their authority during their period of administration.

 Guarantees for Public Services:

This guarantee for the permanent members of the public services of the merger states ensures continuance in their service on conditions no less advantageous before merger. The continuance of pensions and leave salaries are also guaranteed.

Besides these key features, a crucial overarching feature was the concurrence and guarantee of the Government of India for all provisions within these covenants and agreements, affirmed by the signature of the representative from the Ministry of States.

While these features are broadly consistent across all the agreements and covenants, there are several notable variations and differences across them.

Type of Administrative Integration

Several States, such as Bhopal, Bilaspur, Kutch, Vindhya Pradesh, Manipur, and Tripura, were initially taken over for Central administration and designated as Chief Commissioner's Provinces. While many states were merged into existing provinces like Bombay (Baroda, Deccan States, Gujarat States, Dangs and Vatrak Kantha, parts of Sirohi), East Punjab (Loharu, Dujana, Pataudi), Madras (Banganapalle, Pudukkottai, Sandur), United Provinces (Tehri-Garhwal, Benares, Rampur). Groups of states were also integrated into larger Unions which often established a common executive, legislature, and judiciary. Examples of such Unions are Madhya Bharat, Patiala and East Punjab States Union (PEPSU), Saurashtra, Rajasthan and Travancore & Cochin. In a special case, The Khasi Hill states formed a Federation and their administration was largely assimilated with Assam. They were included into the sixth schedule of the new Constitution to preserve their customs and traditions.

Duration of Administration

Some agreements explicitly provided for central administration for a specific period, such as Bhopal which was to remain under Central administration for at least five years. Rampur was initially meant to remain under Central administration for some time due to its special set-up before being merged with the United Provinces. Sirohi was taken over by the Bombay Government until its future was finally determined, eventually being partitioned between Bombay and Rajasthan.

Privy Purse Amounts

The privy purse amounts varied significantly between States, reflecting their previous revenues and importance. Some agreements specify different amounts for present rulers versus their successors. For example, the Nawab of Bhopal's privy purse was fixed at Rs. 11 lakhs, but his successors would receive Rs. 9 lakhs. Similarly, the Maharaja of Cooch Behar received Rs. 8.5 lakhs for his lifetime, with successors receiving Rs. 7 lakhs.

Retention of specific powers

The rulers of Gwalior and Indore (Madhya Bharat) and Travancore & Cochin retained their powers of suspension, remission, or commutation of death sentences for capital offences committed within their territories. In Madhya Bharat and Rajasthan, the Rajpramukh was exclusively vested with the right to resume Jagirs and recognise succession to the rights and titles of Jagirdars.

Control over religious institutions

The Maharajah of Manipur retained authority over religious observances, customs, usages, rites, ceremonies, and institutions in the State. The Travancore and Cochin Covenant included highly detailed provisions for the administration and financial contribution to Devaswoms (Hindu temples). A significant social reform aspect was also included in the covenant which ensured that Harijans would secure a share both in the control of temples and appointments in the Devaswoms Department. As a position previously denied to them, this was a major departure from past practice. The ruler of Benares signed the merger agreement with the United Provinces subject to safeguards regarding his position with respect to the religious ceremonies at Kashi.

Other unique agreements and features that stand apart are:

• The Patiala and East Panjab States Union had a unique restriction placed on the ruler of Patiala where he would not exercise his vote in the election of Up-Rajpramukh.

  
  

• The Rajasthan Covenant had a unique clause for "new Covenanting States" (Bikaner, Jaipur, Jaisalmer, Jodhpur) stating that their private properties would be as agreed to between the Government of India and the Ruler concerned and would be considered final.

  
  

• The agreement with Manipur states that the Government of India would uniquely undertake suitable provisions for the employment of Manipuris in Public Services. They also undertook the preservation of various laws, customs, and conventions related to the social, economic, and religious life of the people in the state.

  
  

• A unique position of Maharajpramukh was created for the present Ruler of Mewar for his lifetime to ensure him an "honourable place" in the new setup.

Source:

White Paper on Indian States. (1950). Ministry of States, Government of India. https://en.wikisource.org/wiki/White_Paper_on_Indian_States_(1950)