White Paper on Indian States (1950)/Part 11/Procedure for the ratification of the Constitution by the States

by Ministry of States, Government of India

Procedure for the ratification of the Constitution by the States.

219. The Constitution of India contains no specific provision regarding the procedure for the ratification of the Constitution by the States although Article 225 of the original draft, which has been deleted, presupposed some kind of Agreements or instruments in respect of the accession of the States. After detailed examination of the various aspects of the matter it was decided that the acceptance of the Constitution, which now defines the internal constitution of the States included in Part B of the First Schedule, should be by the Rajpramukh or the Ruler, as the case may be, on the basis of a resolution to be adopted by the Constituent Assembly of the State concerned where such a body existed. Accordingly the Constituent Assemblies of the three States, which had such bodies functioning at the time, were given an opportunity to examine the provisions of the Constitution concerning the States. As regards the procedure for the acceptance of the Constitution on behalf of the States, in which no Constitution-making bodies were in existence, the Hon'ble Minister for States explained the position as follows:—

"It is a matter of deep regret for me that it has not been possible for us to adopt a similar procedure for ascertaining the wishes of the people of the other States and Unions of States through their elected representatives. Unfortunately we have no properly constituted Legislatures in the rest of the States; nor will it be possible to have Legislatures constituted in them before the Constitution of India emerges in its final form. We have, therefore, no option but to make the Constitution operative in these States on the basis of its acceptance by the Ruler or the Rajpramukh, as the case may be, who will no doubt consult his Council of Ministers. I am sure neither the Hon'ble Members representing those States in this House, nor the people of the States generally, would wish that the enforcement of the Constitution in these States should be held over until Legislatures or Constitution-making bodies are constituted in them. The Legislatures of these States, when constituted under the new Constitution, may propose amendments to the Constitution. I wish to assure the people of these states that any recommendations made by their first Legislatures would receive our earliest consideration. In the meantime I have no doubt that the Constitution framed by this House, where all the States except one are duly represented, will be acceptable to them".

The Proclamations (Appendix LIV) issued by the Rajpramukhs in this behalf accept the Constitution framed by the Constituent Assembly of India as the Constitution for the States and enjoin its enforcement in the State concerned according to the tenor of its provisions. Since this arrangement involved a departure from the provisions of the Covenants establishing the Unions other than Travancore-Cochin, Supplementary Covenants (Appendix LV) were executed by the Rulers concerned to amend the original Covenants.

APPENDIX LIV
MINISTRY OF STATES
NOTIFICATIONS
New Delhi, the 24th January, 1950

No. 12.-P.—The following Proclamations issued by the Rajpramukhs of the Unions of Patiala and East Punjab States, Saurashtra, Travancore-Cochin, Rajasthan and Madhya Bharat and the Rulers of the Hyderabad, Mysore and Jammu and Kashmir States are published for general information:—

PROCLAMATION FOR PATIALA AND EAST PUNJAB STATES

Motibagh Palace, Patiala, the 24th November, 1949

Whereas with the inauguration of the new Constitution for the whole of India now being framed by the Constituent Assembly of India, the Government of India Act, 1935, which now governs the constitutional relationship between this State and the Dominion of India, will stand repealed;

And whereas, in the best interests of the State of Patiala and East Punjab States, which is closely linked with the rest of India by a community of interests in the economic, political and other fields, it is desirable that the constitutional relationship established between this State and the Dominion of India, should not only be continued as between this State and the contemplated Union of India but further strengthened, and the Constitution of India as drafted by the Constituent Assembly of India, which includes duly appointed representatives of this State, provides a suitable basis for doing so;

I now hereby declare and direct:

That the Constitution of India shortly to be adopted by the Constituent Assembly of India shall be the Constitution for the Patiala and East Punjab States as for the other parts of India and shall be enforced as such in accordance with the tenor of its provisions;

That the provision of the said Constitution shall, as from the date of its commencement, supersede and abrogate all other constitutional provisions inconsistent therewith which are at present in force in this State.

YADAVENDRA SINGH,
Maharajadhiraj Mahendra Bahadur, Rajpramukh,
Patiala & East Punjab States Union, Patiala.

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B. R. PATEL,
Chief Secretary to Government,

Patiala & East Punjab States Union, Patiala.

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PROCLAMATION FOR SAURASHTRA

Dhrangadhra, the 13th November, 1949

Whereas with the inauguration of the new Constitution for the whole of India now being framed by the Constituent Assembly of India, the Government of India Act, 1935, which now governs the constitutional relationship between this State and the Dominion of India will stand, repealed;

And whereas, in the best interests of the State of Saurashtra, which is closely linked with the rest of India by a community of interests in the economic, political and other fields, it is desirable that the constitutional relationship established between this State and the Dominion of India, should not only be continued as between this State and the contemplated Union of India but further strengthened, and the Constitution of India as drafted by the Constituent Assembly of India, which includes duly appointed representatives of the State, provides a suitable basis for doing so;

And whereas, the Constituent Assembly of Saurashtra constituted under the provisions of the Covenant establishing this State, has recommended that the Constitution framed by the Constituent Assembly of India should be adopted by this State;

I now hereby declare and direct—

That the Constitution of India shortly to be adopted by the Constituent Assembly of India shall be the constitution for the State of Saurashtra as for the other parts of India and shall be enforced as such in accordance with the tenor of its provisions;

That the provisions of the said Constitution shall, as from the date of its commencement, supersede and abrogate all other constitutional provisions inconsistent therewith which are at present in force in this State.

MAYURDHWAJ SINHJI,
Maharaja Raj Saheb of Dhrangadhra,

Raj Pramukh of Saurashtra.

PROCLAMATION

by

Major General His Highness Sri Padmanabha Dasa Vanchi Pala Sir Bala Rama Varma Kulasekhara Kiritapati Manney Sultan Maharaja Raja Rama Raja Bahadur Shamsher Jang, Knight Grand Commander of the Most Exalted, Order of the Star of India, Knight Grand Commander of the Most Eminent Order of the Indian Empire, D. Litt., Raj Pramukh of the United State of Travancore & Cochin, issued under date the 9th Vrischigom 1125 corresponding to the 24th November 1949.

Whereas with the inauguration of the new Constitution for the whole of India now being framed by the Constituent Assembly of India, the Government of India Act, 1935, which now governs the constitutional relationship between this State and the Dominion of India will stand repealed;

And whereas, in the best interests of the United State of Travancore and Cochin, which is closely linked with the rest of India by a community of interests in the economic, political and other fields, it is desirable that the constitutional relationship established between this State and the Dominion of India, should not only be continued as between this State and the contemplated Union of India further strengthened, and the Constitution of India as drafted by the Constituent Assembly of India, which includes duly appointed representatives of this state, provides a suitable basis for doing so;

And whereas by virtue of the power vesting in it under the Covenant establishing this State, the Legislative Assembly of the State has resolved that the Constitution framed by the Constituent Assembly of India be adopted by this State;

I now hereby declare and direct—

That the Constitution of India shortly to be adopted by the Constituent Assembly of India shall be the Constitution for the United State of Travancore and Cochin as for the other parts of India and shall be enforced as such in accordance with the tenor of its provisions:

That the provisions of the said Constitution shall as from the date of its commencement, supersede and abrogate all other constitutional provisions inconsistent therewith which are at present in force in this State.

RAMA VARMA,

Raj Pramukh.

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PROCLAMATION FOR THE UNITED STATE OF RAJASTHAN

Jaipur, the 23rd November, 1949

Whereas with the inauguration of the new Constitution for the whole of India now being framed by the Constituent Assembly of India, the Government of India Act, 1935, which now governs the constitutional relationship between this State and the Dominion of India, will stand repealed;

And whereas, in the best interests of the State of Rajasthan, which is closely linked with the rest of India by a community of interests in the economic, political and other fields, it is desirable that the constitutional relationship established between this state and the Dominion of India, should not only be continued as between this state and the contemplated Union of India but further strengthened, and the Constitution of India as drafted by the Constituent Assembly of India, which includes duly appointed representatives of this State, provides a suitable basis for doing so;

I now hereby declare and direct—

That the Constitution of India shortly to be adopted by the Constituent Assembly of India shall be the Constitution for the Rajasthan State as for the other parts of India and shall be enforced as such in accordance with the tenor of its provisions;

That the provisions of the said Constitution shall, as from the date of its commencement, supersede and abrogate all other constitutional provisions inconsistent therewith which are at present in force in this State.

MAHARAJA SAWAI MAN SINGH,

Raj Pramukh.

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PROCLAMATION FOR MADHYA BHARAT

Gwalior, the 24th November, 1949

Whereas with the inauguration of the new Constitution for the whole of India now being framed by the Constituent Assembly of India, the Government of India Act, 1935, which now governs the constitutional relationship between this State and the Dominion of India, will stand repealed;

And whereas, in the best interests of the State of Madhya Bharat, which is closely linked with the rest of India by a community of interests in the economic, political and other fields, it is desirable that the constitutional relationship established between this state and the Dominion of India, should not only be continued as between this State and the contemplated Union of India but further strengthened, and the Constitution of India as drafted by the Constituent Assembly of India, which includes duly appointed representatives of this State, provides a suitable basis for doing so;

I, Jiwajirao Madhavrao Scindia, Raj Pramukh of the Madhya Bharat, now hereby declare and direct—

That the Constitution of India shortly to be adopted by the Constituent Assembly of India shall be the Constitution for the Madhya Bharat as for the other parts of India and shall be enforced as such in accordance with the tenor of its provisions;

That the provisions of the said Constitution shall, as from the date of its commencement, supersede and abrogate all other constitutional provisions inconsistent therewith which are at present in force in this State.

JIWAJIRAO MADHAVRAO SCINDIA,

Raj Pramukh.

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HYDERABAD FARMAN

Dated the 23rd November, 1949

Whereas in the best interests of the State of Hyderabad, which is closely linked with the rest of India by a community of interests in the economic, political and other fields, it is desirable that a constitutional relationship should be established between this State and the contemplated Union of India;

And whereas, the Constitution of India, as drafted by the Constituent Assembly of India, provides a suitable basis for this State to enter into such a constitutional relationship with the Indian Union as also for reordering the internal constitutional structure of the State;

I hereby declare and direct—

That the Constitution of India shortly to be adopted by the Constituent Assembly of India shall be the Constitution for the State of Hyderabad as for the other parts of India, and shall be enforced as such by me, my heirs and successors in accordance with the tenor of its provisions and that the provisions of the said Constitution shall, as from the date of its commencement, supersede and abrogate all other constitutional provisions inconsistent therewith which are at present in force in this State.

(2) I further declare that the above decision which I have taken after mature consideration in order to ensure for the people of Hyderabad the benefits of an honourable partnership in a united and democratic India, shall, in view of its far-reaching consequences, be subject to ratification by the people of this State whose will as expressed through the Constituent Assembly of the State proposed to be constituted shortly must finally determine the nature of the relationship between this State and the Union of India, as also the Constitution of the State itself.

NIZAM VII.

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PROCLAMATION

of

HIS HIGHNESS MAHARAJA SRI JAYA CHAMARAJENDRA WADIYAR BAHADUR OF MYSORE

This twenty-fifth day of November, one thousand nine hundred and forty-nine, in the tenth year of my rule.

Whereas by a Proclamation dated the 29th October, 1947, I ordained that my Ministery should set up a Constituent Assembly composed of elected Representatives of the people and entrust it with the task of framing of a Constitution Bill for the State of Mysore;

And whereas the Constituent Assembly so set up has recommended that in the Constitution of India now being framed by the Constituent Assembly of India which includes duly appointed representatives of this State, there should be incorporated such constitutional provisions as are approved by that body for, and in relation to the governance of this State, and that the constitution so framed should be adopted by this State;

I now hereby ordain—

That the Constitution of India shortly to be adopted by the Constituent Assembly of India shall be the Constitution for the State of Mysore as for the other parts of India, and shall be enforced as such by me, my heirs and successors in accordance with the tenor of its provisions;

That the provisions of the said Constitution shall, as from the date of its commencement, supersede and abrogate all other constitutional provisions inconsistent therewith which are at present in force in this State;

That both Houses of the Legislature of Mysore as at present constituted shall be dissolved on the fifteenth day of December, 1949;

That thereafter, and until such time as the House or Houses of the Legislature of Mysore has or have been duly constituted and summoned to meet for the first session under the provisions of the Constitution of India, there shall be only one House of the Legislature to be known as the Legislative Assembly of Mysore;

That the constitution of the said Legislative Assembly of Mysore shall in all respects be the same as the constitution of the Constituent Assembly of Mysore, all members of which shall, on the sixteenth day of December, 1949 become members of the said Legislative Assembly of Mysore.

JAYA CHAMARAJENDRA WADIYAR.

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PROCLAMATION FOR THE STATE OF JAMMU AND KASHMIR

Dated the 25th November, 1949

Whereas with the inauguration of the new Constitution for the whole of India now being framed by the Constituent Assembly of India, the Government of India Act, 1935, which now governs the constitutional relationship between this State and the Dominion of India will stand repealed;

And whereas, in the best interests of this State, which is closely linked with the rest of India by a community of interests in the economic, political and other fields, it is desirable that the constitutional relationship established between this State and the Dominion of India, should be continued as between this State and the contemplated Union of India; and the Constitution of India as drafted by the Constituent Assembly of India, which includes duly appointed representatives of this State, provides a suitable basis for doing so;

I now hereby declare and direct—

That the Constitution of India shortly to be adopted by the Constituent Assembly of India shall in so far as it is applicable to the State of Jammu and Kashmir, govern the constitutional relationship between this State and the contemplated Union of India and shall be enforced in this State by me, my heirs and successors in accordance with the tenor of its provisions;

That the provisions of the said Constitution shall, as from the date of its commencement, supersede and abrogate all other constitutional provisions inconsistent therewith which are at present in force in this State.

KARAN SINGH

Yuvaraj,

Regent of Jammu & Kashmir.

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C. GANESAN, Dy. Secy.

APPENDIX LV

SUPPLEMENTARY COVENANT FOR AUTHORISING THE CONSTITUENT ASSEMBLY OF INDIA TO FRAME CONSTITUTION FOR THE UNION OF SAURASHTRA

Whereas it is expedient that the Covenant entered into by us, the Rulers of Kathiawar States, for the formation of the United State of Kathiawar, subsequently renamed as the United State of Saurashtra, should be modified for the purposes and in the manner hereinafter appearing;

We, the said Rulers, do hereby, with the concurrence of the Govern- modified for the purposes and in the manner hereinafter appearing;

Article I

Notwithstanding anything contained in the original Covenant, the Constitution of India shortly to be adopted by the Constituent Assembly of India, shall be the Constitution for Saurashtra, and shall be enforced as such in accordance with the tenor of its provisions.

Article II

(1) Paragraph (2) of Article IX of the original Covenant shall cease to have effect, and paragraph (3) thereof shall be modified by substituting for the words "Until a Constitution so framed comes into operation after receiving the assent of the Rajpramukh", the words and figures “Until the twentieth day of January, 1950".

(2) References in the other Articles of the original Covenant to the Constitution framed thereunder shall be construed as references to the Constitution of India.

Article III

(1) As from the twentieth day of January, 1950 and until the Legislature of Saurashtra is duly constituted under the Constitution of India, there shall be an interim Legislature of the State consisting of the Rajpramukh, and the Constituent Assembly of the State formed in pursuance of paragraph (1) of Article IX of the original Covenant.

(2) The said Constituent Assembly shall on and from the 20th January, 1950, be known as the interim Legislative Assembly of Saurashtra.

In confirmation of the above Covenant we append our signatures, on behalf of ourselves, our heirs and successors.

(Sd.)

Rulers of United State of Kathiawar.

The Government of India hereby concur in the above Covenant and guarantee all its provisions. In confirmation whereof, Mr. Vapal Pangunni Menon, Adviser to the Government of India in the Ministry of States, appends his signature on behalf and with the authority of the Government of India.

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Adviser to the Government of India,
Ministry of States.

PATIALA AND EAST PUNJAB STATES UNION

Whereas it is expedient that the Covenant entered into by us, the Rulers of Faridkot, Jind, Kapurthala, Malerkotla, Nabha, Patiala, Kalsia and Nalagarh, for the formation of Patiala and East Punjab States Union, should be modified for the purpose and in the manner hereinafter appearing;

We, the said Rulers, do hereby, with the concurrence of the Government of India, enter into the following Supplementary Covenant:—

Article I

Notwithstanding anything contained in the original Covenant, the Constitution of India adopted by the Constituent Assembly of India shall be the Constitution for the Patiala and East Punjab States Union, and shall be enforced as such in accordance with the tenor of its provisions.

Article II

(1) For Article X of the original Covenant the following shall be substituted:—

"Until the commencement of the Constitution of India, the legislative authority of the Union shall rest in the Rajpramukh, who may 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 Legislature of the Union".

(2) References in the other Articles of the original Covenant to the Constitution framed thereunder shall be construed as references to the Constitution of India.

Article III

Schedule II to the original Covenant shall be omitted.

In confirmation of the above Covenant, we append our signatures, on behalf of ourselves, ours heirs and successors.

(Sd.)

Rulers of Patiala and East Punjab States Union.

The Government of India hereby concur in the above Covenant and guarantee all its provisions. In confirmation whereof Mr. Vapal Pangunni 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.

(Sd.)

V. P. Menon,

Secretary to the Government of India,

Ministry of States.

RAJASTHAN

Entered into by the Rulers of the States forming the United State of Rajasthan.

WHEREAS it is expedient that the Covenant entered into by us, the Rulers of Rajasthan States, for the reconstitution of the United State of Rajasthan, should be modified for the purposes and in the manner hereinafter appearing:—

WE, the said Rulers, do hereby, with the concurrence of the Government of India, enter into the following Supplementary Covenant:—

Article I

Notwithstanding anything contained in the original Covenant, the Constitution of India shortly to be adopted by the Constituent Assembly of India, shall be the Constitution for the United State of Rajasthan, and shall be enforced as such in accordance with the tenor of its provisions.

Article II

(1) Paragraphs (1) and (2) of Article X of the original Covenant shall cease to have effect, and paragraph (3) thereof shall be modified by substituting for the words "Until a Constitution so framed comes into operation after receiving the assent of the Rajpramukh", the words "Until the Legislative Assembly of Rajasthan has been duly constituted and summoned to meet for the first session under the provisions of the Constitution of India."

(2) References in the other Articles of the original Covenant to the Constitution framed thereunder shall be construed as references to the Constitution of India.

In confirmation of the above Covenant, we append our signatures, on behalf of ourselves, our heirs and successors.

(Sd.)

Rulers of Rajasthan.

The Government of India hereby concur in the above Covenant and guarantee all its provisions. In confirmation whereof, Mr. Vapal Pangunni Menon, Adviser to the Government of India in the Ministry of States, appends his signature on behalf and with the authority of the Government of India.

Adviser to the Government of India,

Ministry of States.

MADHYA BHARAT

WHEREAS it is expedient that the Covenant entered into by us, the Rulers of Gwalior, Indore and certain other States in Central India, for the constitution of the United State of Madhya Bharat, should be modified for the purpose and in the manner hereinafter appearing:—

WE, the said Rulers, do hereby, with the concurrence of the Government of India, enter into the following Supplementary Covenant:—

Article I

Notwithstanding anything contained in the original Covenant, the Constitution of India adopted by the Constituent Assembly of India shall be the Constitution for the United State of Madhya Bharat, and shall be enforced as such in accordance with the tenor of its provisions; and accordingly all references in the original Covenant to the Constitution framed thereunder shall be construed as references to the Constitution of India.

Article II

In Article X of the original Covenant—

(a) for paragraph (1), the following paragraph shall be substituted and shall be deemed always to have been substituted, namely:—

"(1) There shall be a Legislature for the United State consisting of the Rajpramukh and a Legislative Assembly"; and

(b) in paragraph (3) for the words beginning with the words "Upon the formation" and ending with the words "assent of the Rajpramukh", the words "Until the commencement of the Constitution of India" shall be substituted, and the words "Or as the case may be, the Constitution Assembly" shall be omitted.

Article III

Schedule III to the original Covenant shall be omitted.

In confirmation of the above Covenant, we append our signatures, on behalf of ourselves, our heirs and successors.

(Sd.)

Rulers of Madhya Bharat.

The Government of India hereby concur in the above Covenant and guarantee all its provisions. In confirmation whereof Mr. Vapal Pangunni 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.

(Sd.)

V. P. Menon,

Secretary to the Government of India,

Ministry of States.