White Paper on Indian States (1950)/Part 5/Formation of Unions/Patiala and East Punjab States Union
Patiala and East Punjab States Union
131. The Patiala and East Punjab States Union comprises the six salute States of Patiala, Kapurthala, Jind, Nabha, Faridkot and Malerkotla and the two non-salute States of Nalagarh and Kalsia. The Covenant (Appendix XXXIX) for the formation of this Union was signed by the Rulers concerned on May 5, 1948, and the Union was inaugurated on 15th July, 1948, by the Hon'ble Sardar Vallabhbhai Patel.
132. These States lay in three separate blocks. The main block comprised the territories of the Patiala, Nabha, Jind, Malerkotla and Faridkot States in the heart of the East Punjab. It formed a fairly compact tract. The Kapurthale State consisted of three enclaves in the Jullundur Division of the East Punjab. The outlying districts of Narnaul, Dadri and Bawal, which formed parts of the Patiala, Jind and Nabha States respectively lay within the geographical orbit of the southern districts of the East Punjab.
133. In view of the fact that Patiala State, which had a population of about two millions, had been recognised as a separate viable unit, it was contemplated at earlier stages to form a Union of the East Punjab States without Patiala. These States comprised an area of 3,693 square miles with a population of 1,367,628 and an annual revenue of about Rs. 20 millions. It was, however, realised that a Union of the East Punjab plain States without Patiala would not endure. From the point of view of territorial integrity, administrative efficiency and tapping of agricultural and other resources of those States, the formation of one Union inclusive of Patiala was clearly indicated. The Ruler of Patiala expressed willingness to join the Union. As a result of the adjustments made to reconcile the various points of view, the following provisions were included in the Covenant:—
The State so constituted comprises an area of 10,099 square miles with a population of 3,424,060 and a revenue of about Rs 50 millions.
APPENDIX XXXIX
The Covenant Entered into by the Rulers of Faridkot, Jind, Kapurthala, Malerkotla, Nabha, Patiala, Kalsia and Nalagarh for the Information of Patiala and East punjab States Union.
We, the Rulers of Faridkot, Jind, Kapurthala, Malerkotla, Nabha, Patiala, Kalsia and Nalagarh,
BEING CONVINCED that the welfare of the people of this region can best be secured by the establishment of a State comprising the territories of our respective States, with a common Executive, Legislature and Judiciary;
AND HAVING resolved to entrust to a Constituent Assembly consisting of elected representatives of the people the drawing up of a democratic Constitution for the State within the framework of the Constitution of India, to which we have already acceded, and of this Covenant;
DO HEREBY, with the concurrence and guarantee of the Government of India, enter into the following Covenant:—
Article I
In this Covenant:—
Article II
The Covenanting States agree to unite and integrate their territories in one State with a common executive, legislature and judiciary, by the name of Patiala and East Punjab States Union hereinafter referred to as "the Union";
Provided that the Constituent Assembly of the Union formed under Article X of this Covenant may adopt such other name for the Union as it may deem appropriate.
Article III
(1) There shall be a Council of Rulers consisting of the Rulers of the Covenanting Salute States and one of the Rulers of the two Covenanting non-salute State, who shall alternately for a period of five years hold the seat assigned to them on this Council:
Provided that no Ruler who is less than 21 years of age shall be a member of the Council.
(2) The Council of Rulers shall exercise such functions as are assigned to it by this Covenant, and such other functions, if any, as may be assigned to it by or under the Constitution of the Union.
(3) The Council of Rulers shall elect at a meeing, one member of the Council to be the President and another to be the Vice-President of the Council; and the President and the Vice-President so elected shall be the Raj Pramukh and the Up-Raj Pramukh respectively of the Union:
Provided that the Ruler of Patiala shall not take part in the voting for the election of the Vice-President.
(4) For the purposes of the election referred to in the preceding paragraph, every member shall have such number of votes as is equal to the number of lakhs in the population of his State as ascertained at the last preceding census (any fraction more than half a lakh being reckoned as one lakh and any other fraction being ignored), provided that every member shall have at least one vote.
(5) A Ruler elected as the President or as a Vice-President of the Council shall be entitled to hold office as such President or Vice-President, as the case may be, for a term of five years from the date on which he enters upon the duties of that office.
(6) Notwithstanding anything contained in the preceding paragraphs of this Article, the present Rulers of Patiala and Kapurthala shall respectively be the first President; and Vice-President of the Council of Rulers, and shall enter upon the duties of their respective offices on the 15th July, 1948 and the said President and the Vice-President shall be entitled to hold office during their life time.
Article IV
(1) In order that they may be enabled to discharge conveniently and with dignity the duties of their respective offices, the Raj Pramukh and the Up-Raj Pramukh shall be paid from the revenues of the Union such consolidated annual allowances as the Government of India may prescribe.
(2) If the Raj Pramukh is, by reason of absence or illness or for any other reason, unable to perform the duties of his office, those duties shall, until he has resumed them, be performed by the Up-Raj Pramukh. During such period the Up-Raj Pramukh shall be entitled to the same allowance and other amenities as the Raj Pramukh.
Article V
(1) There shall be a Council of Ministers to aid and advise the Raj Pramukh in the exercise of his functions except those under Article VII.
(2) The Ministers shall be chosen by, and shall hold office during the pleasure of the Raj Pramukh.
Article VI
(1) The Ruler of each Covenanting State shall, as soon as may be practicable, and in any event not later than the 20th of August, 1948, make over the administration of his State to the Raj Pramukh; and thereupon,
Article VII
(1) Subject to any directions or instructions that may from time to time be given by the Government of India in this behalf, the authority to raise, maintain and administer the military forces of the Union shall vest exclusively in the Raj Pramukh.
(2) Nothing in the preceding paragraphs of this Article shall be deemed to prevent the Raj Pramukh from consulting the Council of Ministers in regard to any of the matters mentioned therein.
Article VIII
The Raj Pramukh shall, as soon as practicable and in any event not later than the 30th of August 1948 execute on behalf of the Union an Instrument of Accession in accordance with the provisions of section 6 of the Government of India Act, 1935, and in place of the Instruments of Accession of the several Covenanting States: and he shall by such instrument accept as matters with respect to which the Dominion Legislature may make laws for the Union all the matters mentioned in List I and List III of the Seventh Schedule to the said Act, except the entries in List I relating to any tax or duty.
Article IX
Subject to the provisions of this Covenant and of the Constitution to be framed thereunder the executive authority of the Union shall be exercised by the Raj Pramukh either directly or through officers subordinate to him, but the Raj Pramukh may from time to time consult the Up-Raj Pramukh in important matters connected with the administration of the Union. Nothing in this article shall prevent any competent legislature of the Union from conferring functions upon subordinate authorities or be deemed to transfer to the Raj Pramukb any functions conferred by any existing law on any Court, Judge, officer, or local or other authority in a Covenanting State.
Article X
(1) There shall be formed, as soon as may be practicable a Constituent Assembly in the manner indicated in Schedule II; and it shall be the duty of that Assembly to frame a constitution of a unitary type for the Union within the framework of this Covenant and the constitution of India, and providing for a Government responsible to the Legislature.
(2) Until Legislature elected in accordance with the terms of the Constitution framed by it comes into being, the Constituent Assembly as constituted in the manner indicated in Schedule II shall function as the interim Legislature of the Union.
Provided that until a Constitution framed by the Constituent Assembly comes into operation after receiving the assent of the Raj Pramukh, the Raj Pramukh shall have power to make and promulgate Ordinances for the peace and good Government of the Union or any part thereof, and any Ordinance so made shall have the like force of law as an Act passed by the Constituent Assembly; but any such Ordinance may be controlled or superseded by any such Act, and if promulgated after the first meeting of the Constituent Assembly, shall not be in force for more than sis months from its promulgation.
Article XI
(1) The Ruler of each Convenanting State shall be entitled to receive annually from the revenues of the Union for his privy purse the mount specified against that Covenanting State in Schedule I.
Provided that if the sum specified in the Schedule in respect of the Ruler of Patiala exceeds Rupees ten lacs (Rs. 10,00,000), it shall be payable only to the present Ruler of Patiala and not to his successors for whom provision will be made subsequently.
(2) The said amount is intended to cover all the expenses of the Ruler and his family including expenses of his residences, marriages and other ceremonies etc., and shall subject to the provisions of paragraph (1) neither be increased nor reduced for any reason whatsoever.
(3) The Raj Pramukh shall cause the said amount to be paid to the Ruler in four equal instalments at the beginning of each quarter in advance.
(4) The said amount shall be free of all taxes, whether imposed by the Government of the Union or by the Government of India.
Article XII
(1) The Ruler of each Covenanting State shall be entitled to the full ownership, use and enjoyment of all private properties (as distinct from State properties) belonging to him on the date of his making over the administration of that State to the Raj Pramukh.
(2) He shall furnish to the Raj Pramukh before the 20th day of September, 1948, an inventory of all the immovable properties, securities and cash balances held by him as such private property.
(3) If any dispute arises as to whether any item of property is the private property of the Ruler or State property, it shall be referred to such person as the Government of India may nominate in consultation with the Raj Pramukh and the decision of that person shall be final and binding on all parties concerned.
Provided that no such dispute shall be so referable after the 30th June, 1949.
Article XIII
The Ruler of each Covenanting State, as also the members of his family, shall be entitled to all the personal privileges, dignities and titles enjoyed by them, whether within or outside the territories of the State, immediately before the 15th day of August, 1947.
Article XIV
(1) The succession, according to law and custom, to the Gaddi of each Covenanting State, and to the personal rights, privileges, dignities and titles of the Ruler thereof, is hereby guaranteed.
(2) Every question of dispute succession in regard to a Covenanting State which arises after the inauguration of the Union shall be decided by the Council of Rulers after referring it to a bench consisting of all the available Judges of the High Court of the Union and in accordance with the opinion given by such bench.
Article XV
No enquiry shall be made by or under the authority of the Union, and no proceedings shall lie in any court in the Union against the Ruler of any Covenanting State, whether in a Personal capacity or otherwise, in respect of anything done or omitted to be done by him or under his authority during the period of his administration of that State.
Article XVI
(1) The Union hereby guarantees either the continuance in service of the permanent members of the public services of each of the Covenanting States on conditions which will be not less advantageous than those on which they were serving on the 1st of February 1948 or the payment of reasonable compensation or retirement on proportionate pension.
(2) The Union further guarantees the continuance of pensions and leave salaries sanctioned by competent authorities in any of the Covenanting States to members of the public services of that State who have retired, or proceeded on leave preparatory to retirement, and the compassionate allowances granted to dependents of deceased members of those services; before the date on which the administration of that State is handed over to the Raj Pramukh.
Article XVII
Except with the previous sanction of the Raj Pramukh, no proceedings, civil or criminal, shall be instituted against any person in respect of any act done or purporting to be done in the execution of his duty as a servant of any Covenanting State before the date on which the administration thereof is made over to the Raj Pramukh.
Schedule I
Covenanting States and Privy Purse Amounts
PART A.—SALUTE STATES.
Faridkot |
3,81,400 |
Jind |
3,28,100 |
Kapurthala |
2,70,000 |
Malerkotla |
1,10,000 |
Nabha |
4,10,000 |
Patiala |
17,00,000 |
PART B.—NON-SALUTE STATES.
Kalsia |
65,000 |
Nalagarh |
60,000 |
Schedule II
Provisions relating to the Constituent Assembly of the Patiala and East Punjab States Union.
1. The Constituent Assembly shall consist of representatives of the people of the Union on the basis of one representative for approximately one lakh of the population;
Provided that the people of each Covenanting States shall, irrespective of their number, be entitled to elect at least one representative.
2. The Constituent Assembly shall be constituted in such manner as the Raj Pramukh may, in consultation with the Government of India prescribe.
3. The Constituent Assembly may co-opt experts and advisers to assist the Assembly in the task of constitution making. An expert or adviser so co-opted shall speak and otherwise take part in the proceedings of the Assembly or any Committee of the Assembly of which he may be so named a member but shall not be entitled to vote.
In confirmation of the above Convenant we append our signatures, on behalf of ourselves, our heirs and successors.
| 1. Raja of Faridkot. | (Sd) | HAR INDAR SINGH |
| 2. Maharaja of Jind. | RAJBIR SINGH | |
| 3. Maharaja of Kapurthala. | JAGATJIT SINGH. | |
| 4. Nawab of Malerkotla. | IFTIKHAR ALI KHAN. | |
| 5. Maharaja of Nabha. | PRATAP SINGH. | |
| 6. Maharaja of Patiala. | YADAVINDRA SINGH. | |
| 7. Regent for Minor Ruler of Kalsia. | YADAVINDRA SINGH | |
| 8. Raja of Nalagarh. | SURENDAR SINGH. |
The Government of India hereby concur in the above Convenant and guarantee all its provisions. In confirmation whereof Mr. Vapal Panguni Menon, Secretary to the Government of India in the Ministry of States, appends his signature on behalf and with the authority of the Government of India.
V. P. MENON,
Note.—The above is a copy of the covenant as amended by the supplementary Covenant executed in April 1949.