White Paper on Indian States (1950)/Part 5/Formation of Unions/The United State of Travancore and Cochin
United State of Travancore and Cochin
139. The United State of Travancore and Cochin was formed by the integration of the two southern-most States lying on the south-west coast of the Indian Peninsula, namely, Travancore and Cochin. In spite of the large revenue and the high degree of literacy among the people of the two States it was felt that in modern conditions it was not possible for the two States to remain as separate entities. The two States were similar in almost all respects, e.g., language, economic conditions, composition of the population, geographical situation etc. There was, therefore, no reason why these States should not integrate and pool their resources to form a sizeable and economically stable unit of the Union of India.
140. The principle of integration of the two States was accepted when a deputation consisting of the Premiers and Ministers of Travancore and Cochin and representatives of the Congress organisation in the two States met the Hon'ble Minister for States on April 1, 1949 and recommended the integration of the two States. Since, in both these States, Legislatures elected on the basis of adult franchise were functioning and the Ministries of the two States were responsible to their respective Legislatures the views expressed by the deputation were taken to reflect the popular wishes in the matter. An announcement accepting the principle of integration was accordingly made in a Press Communique issued on April 2, 1949. Another Press Communique was issued on April 4, 1949 announcing the appointment of a Committee to examine and report on the problems connected with the integration. Shri V. P. Menon, Adviser, Ministry of States, visited these States in May 1949 and as a result of the negotiations conducted by him with the Rulers and the Governments of the two States, the Covenant (Appendix XLII) for the formation of a Union of the two States was finalised and executed by the Rulers in May 1949 and the Union was inaugurated on July 1, 1949.
141. One of the special features of the Covenant is the arrangement in respect of Devaswoms—Hindu temples—and property attached to them in the two States including the temple of Shri Padmanabhaswami the tutelary diety of the ruling family of Travancore. In Travancore alone, apart from this important shrine, on the maintenance of which the State was spending over Rs. 1 million per annum, there are 348 major Devaswoms and 1123 minor Devaswoms. Large revenues are derived by the State from the properties which were attached to these Devaswoms and provision was made by the State for the maintenance of Devaswoms, from time to time, at varying figures. Hindu opinion in the State was unanimous that not only should the continued payment of the existing allotments for the maintenance of Devaswoms be guaranteed but that adequate compensation should also be given in respect of the properties of the Devaswoms taken over by the State since 1912, and the profits derived from them. The annual contribution thus claimed ranged from rupees ten to twenty millions. The Covenant now provides for a fixed contribution of Rs. 5.1 millions for the maintenance of Devaswoms in Travancore out of which a sum of Rs. 600,000 is to be contributed towards the maintenance of the Shri Padmanabhaswami temple.
142. The most important departure from the past practice, which the provisions of the Covenant regarding the Devaswoms involve, is that, except in the case of Shri Padmanabhaswami temple, in the management of which the Ruler will be assisted by an Advisory Committee, the administration of Devaswoms will vest in two Boards to be set up in these States on which not only the orthodox Hindus but the Harijans also will be represented. This introduces a far-reaching temple reform in that under the arrangements prescribed in the Covenant the Harijans will secure a share both in the control of the temples and appointments in the Devaswoms Department, a position hitherto denied to them.
143. The Ruler of Travancore will be the Rajpramukh of the United State for his life-time. The Covenant provides that future vacancies arising in the office will be filled in such manner as the Governor-General of India may prescribe.
144. The Covenant has brought about the Union of two ancient and progressive States hitherto kept apart by reason only of the existence of two Rulers. The overwhelming majority of the people of the two States are of the same stock, speak the same language and have a common culture and tradition. Several areas of Cochin State, including the capital of the State, form islands within Travancore territory. Ernakulam, the seat of the Cochin Government, got its water supply through the territories of Travancore. On account of old animosities and narrow provincialism, no satisfactory agreement could be reached in respect of schemes of irrigation. Satisfactory co-ordinated measures could not be enforced for dealing with anti-social elements. The industrial areas of Alwaye and the commercial centre of Alleppey, both in Travancore, are not far from the Cochin Harbour. There existed customs barriers hampering trade between the two States. A union of these two States would help to get over these impediments in the economic and social progress of this area.
145. The area of the new Union is 9,155 square miles with a population of 7.5 millions and a revenue of about Rs. 134 millions.
APPENDIX XLII
THE COVENANT ENTERED INTO BY THE RULERS OF TRAVANCORE AND COCHIN FOR THE FORMATION OF THE UNITED STATE OF TRAVANCORE AND COCHIN.
WE, the Rulers of Travancore and Cochin, do hereby, with the concurrence and guarantee of the Government of India, enter into the following Covenant:
Article I
As from the first day of July, 1949, the States of Travancore and Cochin shall be united in, and shall form, one State, with a common executive, legislature and judiciary, by the name of the United State of Travancore and Cochin.
Article II
In the succeeding Articles of this Covenant, the first day of July, 1949, is referred to as the appointed day, the States of Travancore and Cochin are referred to as the Covenanting States, and the United State of Travancore and Cochin is referred to as the United State.
Article III
As from the appointed day,—
Article IV
(1) There shall be a Raj Pramukh for the United State.
(2) The present Ruler of Travancore shall be the first Raj Pramukh and shall be entitled to hold office during his life-time.
(3) In the event of a permanent vacancy arising in the office of the Raj Pramukh by death, resignation or any other reason, such vacancy shall be filled in such manner as the Governor-General of India may prescribe.
(4) Notwithstanding anything contained in this Article, if the Raj Pramukh is by reason of absence or illness or for any other reasons unable to perform the duties of his office, those duties shall until he has resumed them be performed in such manner as the Governor-General of India may prescribe.
Article V
To enable the Raj Pramukh to discharge conveniently and with dignity the duties of his office, he shall be paid such allowances as may be prescribed by the Governor-General of India from time to time.
Article VI
Subject to the provisions of this Covenant, the executive authority of the United State shall be exercised by the Raj Pramukh either directly or through officers subordinate to him but nothing in this Article shall prevent any competent legislature of the United State from conferring functions upon subordinate authorities or be deemed to transfer to the Raj Pramukh any functions conferred by any existing law on any court, judge or officer or any local or other authority in either or the Covenanting States.
Article VII
(1) There shall be a Council of Minister to aid and advise tho Raj Pramukh in the exercise of his functions save as provided in Articles XII and XIII.
(2) The Ministers shall be chosen by, and shall hold office during the pleasure of, the Raj Pramukh.
Article VIII
(a) The obligation of the covenanting State of Travancore to contribute from its general revenues a sum of Rs. 50 lakhs every year to the Devaswom fund as provided for in the Devaswom (Amendment) Proclamation, 1123 M.E., and a sum of Rs. 1 lakh every year to Sri Pandaravaga referred to in proviso (a) to sub-section (1) of Section 23 of the Travancore Interim Constitution Act 1123 M.E., shall, from the appointed day, be an obligation of the United State and the said amounts shall be payable therefrom and the Raj Pramukh shall cause the said amounts to be paid every year to the Travancore Devaswom Board and the Executive Officer (referred to in sub-clause (b) of this article) respectively.
(b) The administration of Sri Padmanabhaswami Temple the Sri Pandaravaga properties and all other properties and funds of the said temple now vested in trust in the Ruler of the Covenanting State of Travancore and the sum of Rs. 1 lakh transferred from year to year under the provisions of clause (a) of this article and the sum of five lakhs of Rupees contributed from year to year towards the expenditure in the Sree Padmanabhaswamy Temple under sub-clause (c) of this article, shall, with effect from the first day of August 1949, be conducted, subject to the control and supervision of the Ruler of Travancore, by an Executive Officer appointed by him. There shall be a Committee known by the name of Sree Padmanabhaswamy Temple Committee composed of three Hindu Members, to be nominated by the Ruler of Travancore to advise him in the discharge of his functions. Suits by or against the Sree Padmanabhaswamy Temple or in respect of its properties shall be instituted in the name of the said Executive Officer.
(c) The administration of the incorporated and unincorporated Devaswoms and of Hindu Religious Institutions and Endowments and all their properties and funds as well as the fund constituted under the Devaswom Proclamation 1097 M.E. and the surplus fund constituted under the Devaswom (Amendment) Proclamation, 1122 M.E., which are under the management of the Ruler of the covenanting State of Travancore and the sum of Rs. 50 lakhs transferred from year to year under clause (a) shall with effect from the first day of August 1949 rest in a Board known by the name of the Travancore Devaswom Board. An annual contribution of five lakhs of Rupees shall be made by the Travancore Devaswom Board from the aforesaid sum of Rs. 50 lakhs towards the expenditure in the Sree Padmanabhaswamy Temple.
(d) The administration of the incorporated and unincorporated Devaswoms and Hindu Religious Institutions which are under the management of the Ruler of the covenanting State of Cochin under Section 50 G of the Government of Cochin Act, XX of 1113 M.E., or under the provisions of the Cochin Hindu Religious Institutions Act, I of 1081 M.E., and all their properties and funds and of the Estates under the management of the Devaswom Department of the covenanting State of Cochin, shall with effect from the first day of August 1949 vest in a Board known by the name of the Cochin Devaswom Board:
Provided that the regulation and control of all rituals and ceremonies in the temple of Sree Poornathrayeesa at Trippunithura and in the Pazayannore Bhagavathy temple at Pazayannore shall continue to be exercised as hitherto by the Ruler of Cochin.
(e) The Board referred to in sub-clause (c) of this article shall consist of three Hindu Members, one of whom shall be nominated by the Ruler of the covenanting State of Travancore, one by the Hindus among the Council of Ministers, and one elected by the Hindu Members of the Legislative Assembly of the United State.
(f) The Board referred to in sub-clause (d) of this article shall consist of three Hindu Members one of whom shall be nominated by the Ruler of the covenanting State of Cochin, one by the Hindus among the Council of Ministers, and one elected by the Hindu Members of the Legislative Assembly of the United State.
(g) Each of the aforesaid Boards shall be a separate body corporate having perpetual succession and a common seal with powers to hold and acquire properties and shall by its name sue and be sued.
(h) Subject to the provisions of this article, the constitution, powers and duties of the Boards aforesaid shall be such as may be determined hereafter by law enacted by competent authority.
Article IX
The Raj Pramukh shall, within a fortnight of the appointed day, execute on behalf of the United State an Instrument of Accession in accordance with the provisions of Section 6 of the Government of India Act, 1935, and in place of the Instrument of Accession of the Covenanting States; and he shall by such Instrument accept as matters with respect to which the Dominion Legislature may make laws for the United State 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:
Provided that nothing in this Article shall be deemed to prevent the Raj Pramukh from accepting by a Supplementary Instrument any or all of the entries in the said List I relating to any tax or duty as matters with respect to which the Dominion Legislature may make laws for the United State; and in doing so the Raj Pramukh may specify the limitations, if any, subject to which the power of the Dominion Legislature to make laws for the United State in respect of such matters and the exercise of the executive authority of the Dominion in the United State are respectively to be subject.
Article X
(1) There shall be a Legislature for the United State consisting of the Raj Pramukh and the Legislative Assembly.
(2) All persons, who immediately before the appointed day, are members of the Representative Body of Travancore or the Legislative Assembly of Cochin, shall on that day become members of the Legislative Assembly of the United State.
(3) If immediately before the appointed day any vacancy exists in the membership of the Representative Body of Travancore or the Legislative Assembly of Cochin, it shall be deemed to be a vacancy in the membership of the Legislative Assembly of the United State and any such vacancy and any vacancy that may occur after the appointed day shall be filled in the same manner as it would have been filled if this Covenant had not been entered into.
(4) The Legislature of the United State shall subject to the provisions of this Covenant have full power to make laws for the United State, including provisions as to the Constitution of the United State, within the framework of this Covenant and the Constitution of India.
Article XI.
Until a Constitution framed or adopted by the Legislature comes into operation, the Rajpramukh shall have power to make and promulgate Ordinances for the peace and good government of the United State or any part thereof, and any Ordinance so made shall for the space of not more than six months from its promulgation have the like force of law as an Act of the Legisltaure, but any such Ordinance may be controlled or superseded by any such Act.
Article XII
If at any time before a Constitution framed or adopted by the Legislature comes into operation, the Rajpramukh is satisfied that a situation has arisen in which the Government of the United State cannot be carried on in accordance with the provisions of this Convenant, he may, with the prior concurrence of the Government of India, by Proclamation
and any such Proclamation may contain such incidental and consequential provisions as may appear to him necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending, in whole or part, the operation of any provisions of this Covenant or of any other constitutional provisions relating to any authority or body in the United State:
Provided that nothing in this Article shall authorise the Rajpramukh to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend, either in whole or in part, the operation of any law relating to a High Court.
Article XIII
Until a Constitution framed or adopted by the Legislative comes into operation, the Rajpramukh and the Council of Ministers shall in the exercise of their functions, comply with such directions, if any, as may from time to time be given by the Government by the Government of India.
Article XIV
(1) The Ruler of each Covenanting State shall be entitled to receive annually from the revenue of the United State for his privy purse the amounts specified against that Covenanting State in the Schedule:
Provided that the sums specified in the Schedule in respect of the Ruler of Travancore shall be payable only to the present Ruler and not to his successors for whom provisions will be made subsequently by the Government of India.
(2) The said amount is intended to cover all the expenses of the Ruler including expenses on residences and ceremonies and shall neither be increased nor reduced for any reason whatsoever.
(3) The United State shall pay the said amount 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 United State or by the Government of India.
Article XV
(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 immediately before the appointed day.
(2) He shall furnish to the Government of India and in the Ministry of States before the 1st day of September 1949 an inventory of all immovable property, 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 Ruler of Travancore or Cochin as the case may be, and the decision of that person shall be final and binding on all parties concerned.
Article XVI.
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 XVII
(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 guranteed.
(2) Every question of disputed succession in regard to a Covenanting State shall be decided by the Raj Pramukh after referring it to the High Court of the United State and in accordance with the opinion given by that High Court.
Article XVIII
No enquiry shall be made nor any action taken by or under the authority of the United State or the Government of India, and no proceedings shall lie in any Court against the Ruler of any Covenanting State, whether in his personal capacity or otherwise, in respect of anything done or omitted to be done by him or under his authority during the period his administration of that Covenanting State.
Article XIX
Article XX
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 either Covenanting State before the appointed day.
Article XXI
Notwithstanding anything contained in the preceding provisions of this Covenant, the Rulers of Travancore and Cochin shall continue to have and exercise their present powers of suspension, remission or commutation of death sentences in respect of any person who may have been or is hereafter sentenced to death for capital offence committed within the territories of Travancore or Cochin as the case may be.
Article XXII
Nothing in this Covenant shall be construed as preventing the Government of the United State from taking over the administration of the whole or any part of any area included within a Province of India on such terms and conditions as may be agreed upon by the Government of the United State and the Government of India.
SCHEDULE
Covenanting States and Privy Purse Amounts
Travancore |
Rs. 18 lakhs. |
Cochin |
Rs. 2,35,000. |
In confirmation of the above Covenant we append our signatures, on behalf of ourselves, our heirs and successors.
| Trivandrum; The 27th May, 1949. Trippunithara; The 29th May, 1949. |
Rama Varma, Maharaja of Travancore. Rama Varma, Maharaja of Cochin. |
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.
V. P. MENON,
Adviser to the Government of India,