White Paper on Indian States (1950)/Part 8/Constitutional Relationship with the Centre
Constitutional Relationship with the Centre
175. On the formation of the Dominion of India, the States acceded only on the three subjects of Defence, Foreign Affairs and Communications. With the formation of the Unions of States the necessity of enlarging the content of the accession of States was more acutely felt. In the Covenant establishing the second United State of Rajasthan, therefore, a permissive provision was made for extending the Dominion's legislative powers over the Union. In all subsequent Covenants, this provision was made mandatory. All the Rajpramukhs (including the Rajpramukhs of Unions in whose Covenants a provision in this behalf was not included) subsequently signed fresh Instruments of Accession (Appendix XLIX) by which they acceded to the Dominion of India in respect of all matters specified in the Federal and Concurrent Legislative Lists, excepting those relating to taxation. The State of Mysore followed suit. (Appendix L). This important development placed these States, in respect of Central legislation, in the same position as the Provinces except that in the fiscal field the Unions and States, continuing as separate units retained their own pre-existing public finance structure. The gap in this field has been filled by the Agreements which have been negotiated with the States on the basis of the recommendations of the Indian States Finances Enquiry Committee, which are explained in detail in the next chapter.
APPENDIX XLIX
REVISED INSTRUMENTS OF ACCESSION
Saurashtra
WHEREAS by Instruments of Accession executed in August, 1947, the Rulers of the States specified in the Schedule hereto have acceded to the Dominion of India;
AND WHEREAS by Covenant entered into in January and February, 1948, the Rulers of the said States have the consent of the Government of India agreed to the integration of their respective territories into a single State known as the United State of Kathiawar in this Instrument referred to as "the United State";
AND WHEREAS it is expedient that a fresh Instrument of Accession should be executed on behalf of the United State replacing the Instruments of Accession executed in August, 1947, by the Rulers of the said States and accepting as matters with respect to which the Dominion Legislature may make laws for the United State all matters mentioned in List I and List III of the Seventh Schedule to the Government of India Act, 1935, except matters relating to taxation;
NOW, THEREFORE, I Digvijaysinjhi Ranjit Sinjhi Jadeja of Nawanagar, Raj Pramukh of the United State of Kathiawar do hereby execute this Instrument of Accession for and on behalf of the United State; and
1. I hereby declare that I accede to the Dominion of India with the intent that the Governor-General of India, the Dominion Legislature, the Federal Court and any other Dominion authority established for the purposes of the Dominion shall, by virtue of this Instrument of Accession but subject always to the terms thereof, and for the purposes only of the Dominion, exercise in relation to the United State such functions as may be vested in them by or under the Government of India Act, 1935, as for the time being in force in the Dominion of India (which Act as so in force is hereinafter referred to as "the Act').
2. I hereby assume the obligation of ensuring that due effect is given to the provisions of the Act within the United State so far as they are applicable therein by virtue of this Instrument of Accession.
3. I accept all matters enumerated in List I and Last III of the Seventh Schedule to the Act as matters in respect of which the Dominion Legislature may make laws for the United State;
Provided that nothing contained in the said Lists or in any other provision of the Act shall be deemed to empower the Dominion Legislature to impose any tax or duty in the territories of the United State or to prohibit the imposition of any duty or tax by the Legislature of the United State in the said territories:
Provided further that where a law of the United State with respect to one of the matters enumerated in the said List III contains any provision repugnant to the provisions of an earlier Dominion Law or an existing law with respect to that matter, then, if the law of the United State having been reserved for the consideration of the Governor General of India has received the assent of the Governor General, the law of the United State shall prevail in the United State but nevertheless the Dominion Legislature may at any time enact further legislation with respect to the same matter:
Provided further that no Bill or amendment for making any provision repugnant to any law of the United State, which, having been so reserved, has received the assent of the Governor General, shall be introduced or moved in the Dominion Legislature without the previous sanction of the Governor General.
4. I hereby declare that I accede to the Dominion of India on the assurance that if an agreement is made between the Governor-General and the Raj Pramukh of the United State whereby any functions in relation to the administration in the United State of any law of the Dominion Legislature shall be exercised by the Raj Pramukh then any such agreement shall be deemed to form part of this Instrument and shall be construed and have effect accordingly.
5. I further declare that the provisions contained in Part VI of the Act with respect to interference with water supplies shall apply in relation to the United State.
6. The terms of this Instrument of Accession shall not be varied by any amendment of the Act or of the Indian Independence Act, 1947, unless such amendment is accepted by the Raj Pramukh of the United State by an Instrument supplementary to this Instrument.
7. Nothing in this Instrument shall empower the Dominion Legislature to make any law for the United State authorising the compulsory acquisition of land for any purpose, but should the Dominion for the purposes of a Dominion Law which applies in the United State deem it necessary to acquire any land the Rai Pramukh of the United State shall at the request and at the expense of the Dominion Government acquire the land or if the land belongs to the United State transfer it to them on such terms as may be agreed, or, in default of agreement, determined by an arbitrator to be appointed by the Chief Justice of India.
8. Nothing in this Instrument shall be deemed to commit the United State in any way to acceptance of any future constitution of India or to fetter the discretion of the Government of the United State to enter into arrangements with the Government of India under any such future constitution.
9. Save as provided by or under this Instrument nothing contained in this Instrument shall affect the exercise of any powers, authority and rights enjoyed by the Raj Pramukh or the validity of any law for the time being in force in the United State or any part thereof.
10. The Instruments of Accession executed in August, 1947, by the Rulers of the States specified in the Schedule hereto are hereby cancelled.
Given under my hand this twenty-second day of May, 1948.
(Sd.) DIGVIJAYSINJHI OF NAWANAGAR,
I do hereby accept this Instrument of Accession.
Dated this thirteenth day of September, Nineteen hundred and forty-eight.
(Sd.) C. RAJAGOPALACHARI
SCHEDULE
- Nawanagar.
- Bhavnagar.
- Porbandar.
- Dhrangadhra.
- Morvi.
- Gondal.
- Jafrabad.
- Wankager.
- Palitana.
- Dhrol.
- Limbdi.
- Rajkot.
- Wedhwan.
- Lakhtar.
- Sayla.
- Chuda.
- Vala.
- Jasdan.
- Amarnagar, Thana Devli.
- Vadia.
- Lathi.
- Muli.
- Bajana.
- Virpur.
- Maliya.
- Kotda-Sangani.
- Jetpur.
- Bilkha.
- Patdi.
- Khirasra.
- Vanod.
Madhya Bharat
WHEREAS by Instruments of Accession executed in August, November and December, 1947, and February 1948, the Rulers of the States specified in the Schedule hereto have acceded to the Dominion of India;
AND WHEREAS by Covenant entered into in April, 1948, the Rulers of the said States have with the consent of the Government of India agreed Lo the integration of the respective territories into a single State known as the United State of Gwalior, Indore and Malwa (Madhya Bharat) in this Instrument referred to as "the United State";
AND WHEREAS by Article VIII of the said Covenant it is provided that the Raj Pramukh of the United State shall, as soon as practicable, execute on behalf of the United State a fresh Instrument of Accession in accordance with the provisions of section 6 of the Government of India Act, 1935, accepting as matters with respect to which the Dominion Legislature may make laws for the United State all matters mentioned in List I and List III of the Seventh Schedule to the said Act, except matters relating to taxation;
NOW, THEREFORE, I, Maharajadhiraja Sir George Jivaji Rao Scindia Bahadur of Gwalior, Raj Pramukh of the United State of Gwalior, Indore and Malwa (Madhya-Bharat) do hereby execute this Instrument of Accession for and on behalf of the United State and
1. I hereby declare that I accede to the Dominion of India with the intent that the Governor-General of India, the Dominion Legislature, the Federal Court and any other Dominion authority established for the purposes of the Dominion shall, by virtue of this Instrument of Accession but subject always to the terms thereof, and for the purposes only of the Dominion, exercise in relation to the United State such functions as may be vested in them by or under the Government of India Act, 1935, as for the time being in force in the Dominion of India (which Act as so in force is hereinafter referred to as "the Act").
2. I hereby assume the obligation of ensuring that due effect is given to the provisions of the Act within the United State so far as they are applicable therein by virtue of this Instrument of Accession.
3. I accept all matters enumerated in List I and List III of the Seventh Schedule to the Act as matters in respect of which the Dominion Legislature may make laws for the United State:
Provided that nothing contained in the said Lists or in any other provision of the Act shall be deemed to empower the Dominion Legislature to impose any tax or duty in the territories of the United State or to prohibit the imposition of any duty or tax by the Legislature of the United State in the said territories:
Provided further that where a law of the United State with respect to one of the matters enumerated in the said List III contains any provision repugnant to the provisions of an earlier Dominion Law or an existing law with respect to that matter, then, if the law of the United State having been reserved for the consideration of the Governor General of India has received the assent of the Governor General, the law of the United State shall prevail in the United State but nevertheless the Dominion Legislature may at any time enact further legislation with respect to the same matter:
Provided further that no Bill or amendment for making any provision repugnant to any law of the United State, which, having been so reserved, has received the assent of the Governor General, shall be introduced or moved in the Dominion Legislature without the previous sanction of the Governor General.
4. I hereby declare that I accede to the Dominion of India on the assurance that if an agreement is made between the Governor-General and the Raj Pramukh of the United State whereby any functions in relation to the administration in the United State of any law of the Dominion Legislature shall be exercised by the Raj Pramukh then any such agreement shall be deemed to form part of this Instrument and shall be construed and have effect accordingly.
5. I further declare that the provisions contained in Part VI of the Act with respect to interference with water supplies shall apply in relation to the United State.
6. The terms of this Instrument of Accession shall not be varied by any amendment of the Act or of the Indian Independence Act, 1947, unless such amendment is accepted by the Raj Pramukh of the United State by an Instrument supplementary to this Instrument.
7. Nothing in this Instrument shall empower the Dominion Legislature to make any law for the United State authorising the compulsory acquisition of land for any purpose, but should the Dominion for the purposes of a Dominion Law which applies in the United State deem it necessary to acquire any land the Raj Pramukh of the United State shall at the request and at the expense of the Dominion Government acquire the land or if the land belongs to the United State transfer it to them on such terms as may be agreed, or, in default of agreement, determined by an arbitrator to be appointed by the Chief Justice of India.
8. Nothing in this Instrument shall be deemed to commit the United State in any way to acceptance of any future constitution of India or to fetter the discretion of the Government of the United State to enter into arrangements with the Government of India under any such future constitution.
9. Save as provided by or under this Instrument nothing contained in this Instrument shall affect the exercise of any powers, authority and rights enjoyed by the Raj Pramukh or the validity of any law for the time being in force in the United State or any part thereof.
10. The Instruments of Accession executed in August, November and December, 1947 and February, 1948, by the Rulers of the States specified in the Schedule hereto are hereby cancelled.
Given under my hand this 19th day of July, 1948.
I do hereby accept this Instrument of Accession.
Dated this 13th day of September, Nineteen hundred and forty-eight.
(Sd.) C. RAJAGOPALACHARI,
SCHEDULE
- Alirajpur.
- Barwani.
- Dewas (Junior).
- Dewas (Senior).
- Dhar.
- Gwalior.
- Indore.
- Jaora.
- Jhabua.
- Khilchipur.
- Narsingarh.
- Rajgarh.
- Ratlam.
- Sailana.
- Sitamau.
- Jobat.
- Kathiwara.
- Kurwai.
- Mathwar.
- Piploda.
- Nimkhera.
- Pathari.
- Muhammadgarh.
Patiala and East Punjab States Union
WHEREAS by Instruments of Accession executed in August, 1947, the Rulers of the States specified in the Schedule hereto have acceded to the Dominion of India;
AND WHEREAS by Covenant entered into in May, 1948, the Rulers of the said States have with the consent of the Government of India agreed to the integration of the respective territories into a single State known as the Patiala and East Punjab States Union in this Instrument referred to as "the Union";
AND WHEREAS by Article VIII of the said Covenant it is provided that the Raj Pramukh of the Union shall, as soon as practicable, execute on behalf of the Union a fresh Instrument of Accession in accordance with the provisions of section 6 of the Government of India Act, 1935, accepting as matters with respect to which the Dominion Legislature may make laws for the Union all matters mentioned in List I and List III of the Seventh Schedule to the said Act, except matters relating to taxation;
NOW, THEREFORE, I Maharajadhiraja Rajeshwar Sri Sir Yadavindra Singh Mahindar Bahadur of Patiala, Raj Pramukh of the Patiala and East Punjab States Union, do hereby execute this Instrument of Accession for and on behalf of the Union; and
1. I hereby declare that I accede to the Dominion of India with the intent that the Governor-General of India, the Dominion Legislature, the Federal Court and any other Dominion authority established for the purposes of the Dominion shall, by virtue of this Instrument of Accession but subject always to the terms thereof, and for the purposes only of the Dominion, exercise in relation to the Union such functions as may be vested in them by or under the Government of India Act, 1935, as for the time being in force in the Dominion of India (which Act as so in force is hereinafter referred to as "the Act").
2. I hereby assume the obligation of ensuring that due effect is given to the provisions of the Act within the Union so far as they are applicable therein by virtue of this Instrument of Accession.
3. I accept all matters enumerated in List I and List III of the Seventh Schedule to the Act as matters in respect of which the Dominion Legislature may make laws for the Union:
Provided that nothing contained in the said Lists or in any other provision of the Act shall be deemed to empower the Dominion Legislature to impose any tax or duty in the territories of the Union or to prohibit the imposition of any duty or tax by the Legislature of the Union in the said territories:
Provided further that where a law of the Union with respect to one of the matters enumerated in the said List III contains any provision repugnant to the provisions of an earlier Dominion Law or an existing law with respect to that matter, then, if the law of the Union having been reserved for the consideration of the Governor General of India has received the assent of the Governor General, the law of the Union shall prevail in the Union but nevertheless the Dominion Legislature may at any time enact further legislation with respect to the same matter:
Provided further that no Bill or amendment for making any provision repugnant to any law of the Union, which, having been so reserved, has received the assent of the Governor General, shall be introduced or moved in the Dominion Legislature without the previous sanction of the Governor General.
4. I hereby declare that I accede to the Dominion of India on the assurance that if an agreement is made between the Governor-General and the Raj Pramukh of the Union whereby any functions in relation to the administration in the Union of any law of the Dominion Legislature shall be exercised by the Raj Pramukh then any such agreement shall be deemed to form part of this Instrument and shall be construed and have effect accordingly.
5. I further declare that the provisions contained in Part VI of the Act with respect to interference with water supplies shall apply in relation to the Union.
6. The terms of this Instrument of Accession shall not be varied by any amendment of the Act or of the Indian Independence Act, 1947, unless such amendment is accepted by the Raj Pramukh of the Union by an Instrument supplementary to this Instrument.
7. Nothing in this Instrument shall empower the Dominion Legislature to make any law for the Union authorising the compulsory acquisition of land for any purpose, but should the Dominion for the purposes of a Dominion Law which applies in the Union deem it necessary to acquire any land the Raj Pramukh of the Union shall at the request and at the expense of the Dominion Government acquire the land or if the land belongs to the Union transfer it to them on such terms as may be agreed, or, in default of agreement, determined by an arbitrator to be appointed by the Chief Justice of India.
8. Nothing in this Instrument shall be deemed to commit the Union in any way to acceptance of any future constitution of India or to fetter the discretion of the Government of the Union to enter into arrangements with the Government of India under any such future constitution.
9. Save as provided by or under this Instrument nothing contained in this Instrument shall affect the exercise of any powers, authority and rights enjoyed by the Raj Pramukh or the validity of any law for the time being in force in the Union or any part thereof.
10. The Instruments of Accession executed in August, 1947, by the Rulers of the States specified in the Schedule hereto are hereby cancelled.
Given under my hand this 7th day of August, 1948.
(Sd.) YADAVINDRA SINGH,
Rajpramukh,
I do hereby accept this Instrument of Accession.
Dated this 13th day of September, Nineteen hundred and forty-eight.
(Sd.) C. RAJAGOPALACHARI,
SCHEDULE
- Faridkot.
- Jind.
- Kapurthala.
- Malerkotla.
- Nabha.
- Patiala.
- Kalsia.
- Nalagarh.
MATSYA UNION
WHEREAS by Instruments of Accession executed in August, 1947, the Rulers of the States specified in the Schedule hereto have acceded to the Dominion of India;
AND WHEREAS by Covenant entered into in February 1948, the Rulers of the said States have with the consent of the Government of India agreed to the integration of their respective territories into a single State known as the United State of Matsya in this Instrument referred to as "the United State";
AND WHEREAS it is expedient that a fresh Instrument of Accession should be executed on behalf of the United State replacing the Instruments of Accession executed in August, 1947, by the Rulers of the said States and accepting as matters with respect to which the Dominion Legislature may make laws for the United State all matters mentioned in List I and List III of the Seventh Schedule to the Government of India Act, 1935, except matters relating to taxation;
NOW, THEREFORE, Lt.-Col. His Highness Sir Udai Bhan Singh Maharaj Rana, G.C.I.E., K.C.S.I., K.C.V.O., Raj Pramukh of the United State of Matsya do hereby execute this Instrument of Accession for and on behalf of the United State and
1. I hereby declare that I accede to the Dominion of India with the intent that the Governor-General of India, the Dominion Legislature, the Federal Court and any other Dominion authority established for the purposes of the Dominion shall, by virtue of this Instrument of Accession but subject always to the terms thereof, and for the purposes only of the Dominion, exercise in relation to the United State such functions as may be vested in then by or under the Government of India Act, 1935, as for the time being in force in the Dominion of India (which Act as so in force is hereinafter referred to as "the Act").
2. I hereby assume the obligation of ensuring that due effect is given to the provisions of the Act within the United State so far as they are applicable therein by virtue of this Instrument of Accession.
3. I accept all matters enumerated in List I and List III of the Seventh Schedule to the Act as matters in respect of which the Dominion Legislature may make laws for the United State:
Provided that nothing contained in the said Lists or in any other provisions of the Act shall be deemed to empower the Dominion Legislature to impose any tax or duty in the territories of the United State or to prohibit the imposition of any duty or tax by the Legislature of the United State in the said territories:
Provided further that where a law of the United State with respect to one of the matters enumerated in the said List III contains any provision repugnant to the provisions of an earlier Dominion Law or an existing law with respect to that matter, then, if the law of the United State baying been reserved for the consideration of the Governor-General of India has received the assent of the Governor-General, the law of the United State shall prevail in the United State but nevertheless the Dominion Legislature may at any time enact further legislation with respect to the same matter:
Provided further that no Bill or amendment for making any provision repugnant to any law of the United State, which having been so reserved, has received the absent of the Governor-General, shall be introduced or moved in the Dominion Legislature without the previous sanction of the Governor-General.
4. I hereby declare that I accede to the Dominion of India on the assurance that if an agreement is made between the Governor-General and the Raj Pramukh of the United State whereby any functions in relation to the administration in the United State of any law of the Dominion Legislature shall be exercised by the Raj Pramukh, then any such agreement shall be deemed to form part of this Instrument and shall be construed and have effect accordingly.
5. I further declare that the provisions contained in Part VI of the Act with respect to interference with water supplies shall apply in relation to the United State.
6. The terms of this Instrument of Accession shall not be varied by any amendment of the Act or of the Indian Independence Act, 1947, unless such amendment is accepted by the Raj Pramukh of the United State by an Instrument supplementary to this Instrument.
7. Nothing in this Instrument shall empower the Dominion Legislature to make any law for the United State authorising the compulsory acquisition of land for any purpose, but should the Dominion for the purposes of a Dominion Law which applies in the United State deem it necessary to acquire any land the Raj Pramukh of the United State shall at the request and at the expense of the Dominion Government acquire the land or if the land belongs to the United State transfer it to them on such terms as may be agreed, or, in default of agreement, determined by an arbitrator to be appointed by the Chief Justice of India.
8. Nothing in this Instrument shall he deemed to commit the United State in any way to acceptance of any future constitution of India or to fetter the discretion of the Government of the United State to enter into arrangements with the Government of India under any such future constitution.
9. Save as provided by or under this Instrument, nothing contained in this Instrument shall affect the exercise of any powers, authority and rights enjoyed by the Raj Pramukh or the validity of any law for the time being in force in the United State or any part thereof.
10. The Instruments of Accession executed in August, 1947, by the Rulers of the States specified in the Schedule hereto are hereby cancelled.
Given under my hand this seventh day of October, 1948.
(Sd.) UDAIBHAN SINGH,
I do hereby accept this Instrument of Accession.
Dated this twentieth day of October, Nineteenth hundred and forty-eight.
(Sd.) C. RAJAGOPALACHARI,
SCHEDULE
- Alwar.
- Bharatpur.
- Dholpur.
- Karauli.
SECOND RAJASTHAN UNION
WHEREAS by Instruments of Accession executed in August, 1947, the Rulers of the States specified in the Schedule hereto have acceded to the Dominion of India;
AND WHEREAS by Covenant entered into in April, 1948, the Rulers of the said States have with the consent of the Government of India agreed to the integration of the respective territories into a single State known as the United States of Rajasthan in this Instrument referred to as "the United State";
AND WHEREAS by Article VIII of the said Covenant it is provided that the Raj Pramukh of the United State shall, as soon as practicable, execute on behalf of the United State a fresh Instrument of Accession in accordance with the provisions of section 6 of the Government of India Act 1935, whereby he may accept as matters with respect to which the Dominion Legislature may make laws for the United State any matters in addition to those specified in the Instrument of Accession of any of the Covenanting States;
NOW, THEREFORE, I Maharajadhirajah Maharana Shri Sir Bhupal Singh of Udaipur, Raj Pramukh of the United State of Rajasthan, do hereby execute this Instrument of Accession for and on behalf of the United State and
1. I hereby declare that I accede to the Dominion of India with the intent that the Governor-General of India, the Dominion Legislature, the Federal Court and any other Dominion authority established for the purposes of the Dominion shall, by virtue of this Instrument of Accession but subject always to the terms thereof, and for the purposes only of the Dominion, exercise in relation to the United State such functions as may be vested in them by or under the Government of India Act, 1935, as for the time being in force in the Dominion of India (which Act as so in force is hereinafter referred to as "the Act").
2. I hereby assume the obligation of ensuring that due effect is given to the provisions of the Act within the United State so far as they are applicable therein by virtue of this Instrument of Accession.
3. I accept all matters enumerated in List I and List III of the Seventh Schedule to the Act as matters in respect of which the Dominion Legislature may make laws for the United State:
Provided that nothing contained in the said Lists or in any other provisions of the Act shall be deemed to empower the Dominion Legislature to impose any tax or duty in the territories of the United State or to prohibit the imposition of any duty or tax by the Legislature of the United State in the said territories:
Provided further that where a law of the United State with respect to one of the matters enumerated in the said List III contains any provision repugnant to the provisions of an earlier Dominion Law or an existing law with respect to that matter, then, if the law of the United State having been reserved for the consideration of the Governor-General of India has received the assent of the Governor-General, the law of the United State shall prevail in the United State but nevertheless the Dominion Legislature may at any time enact further legislation with respect to the same matter:
Provided further that no Bill or amendment for making any provision repugnant to any law of the United State, which having been so reserved, has received the assent of the Governor-General, shall be introduced or moved in the Dominion Legislature without the previous sanction of the Governor-General.
4. I hereby declare that I accede to the Dominion of India on the assurance that if an agreement is made between the Governor-General and the Raj Pramukh of the United State whereby any functions in relation to the administration in the United State of any law of the Dominion Legislature shall be exercised by the Raj Pramukh, then any such agreement shall be deemed to form part of this Instrument and shall be construed and have effect accordingly.
5. I further declare that the provisions contained in Part VI of the Act with respect to interference with water supplies shall apply in relation to the United State.
6. The terms of this Instrument of Accession shall not be varied by any amendment of the Act or of the Indian Independence Act, 1947, unless such amendment is accepted by the Raj Pramukh of the United State by an Instrument supplementary to this Instrument.
7. Nothing in this Instrument shall empower the Dominion Legislature to make any law for the United State authorising the compulsory acquisition of land for any purpose, but should the Dominion for the purposes of a Dominion Law which applies in the United State deem it necessary to acquire any land the Raj Pramukh of the United State shall at the request and at the expense of the Dominion Government acquire the land or if the land belongs to the United State transfer it to them on such terms as may be agreed, or, in default of agreement, determined by an arbitrator to be appointed by the Chief Justice of India.
8. Nothing in this Instrument shall be deemed to commit the United State in any way to acceptance of any future constitution of India or to fetter the discretion of the Government of the United State to enter into arrangements with the Government of India under any such future constitution.
9. Save is provided by or under this Instrument nothing contained in this Instrument shall affect the exercise of any powers, authority and rights enjoyed by the Raj Pramukh or the validity of any law for the time being in force in the United State or any part thereof.
10. The Instruments of Accession executed in August, 1947, by the Rulers of the States specified in the Schedule hereto are hereby cancelled.
Given under my hand this thirty-first day of May, 1948.
(Sd.) M. R. BHUPAL SINGH,
I do hereby accept this Instrument of Accession.
Dated this thirteenth day of September, Nineteen hundred and forty-eight.
(Sd.) C. RAJAGOPALACHARI,
SCHEDULE
- Partabgarh.
- Kotah.
- Kishengarh.
- Jhalawar.
- Bundi.
- Tonk.
- Banswara.
- Shahpura.
- Dungarpur.
- Udaipur (Mewar).
UNITED STATE OF RAJASTHAN
WHEREAS by Instrument of Accession executed in August 1947, the Rulers of Jaipur, Jodhpur, Bikaner and Jaisalmer States (hereinafter referred to as "the new Covenanting States") have acceded to the Dominion of India;
AND WHEREAS the Raj Pramukh of the United State of Rajasthan established in April 1948 by the integration of the territories of the States of Partabgarh, Kotah, Kishangarh, Jhalawar, Bundi, Tonk, Banswara, Shahpura, Dungarpur and Mewar (hereinafter referred to as "the former Rajasthan State") executed in May 1948 on behalf of the former Rajasthan State an Instrument of Accession whereby he accepted as matters with respect to which the Dominion Legislature may make laws for the said United State all the matters mentioned in Lists I and III of Seventh Schedule to the Government of India Act, 1935, except the entries in List I relating to any tax or duty;
AND WHEREAS by Covenant entered into in April 1949, the Rulers of the said fourteen States have with the consent of the Government of India agreed that the former Rajasthan State should be reconstituted by the integration of the territories of all the fourteen States into a single State known as the United State of Rajasthan, referred to in this Instrument as "the United State";
AND WHEREAS by Article VIII of the said Covenant it is provided that the Raj Pramukh of the United State shall, as soon as practicable and in any event not later than the fifteenth day of April 1949, 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 former Rajasthan State and the Instruments of Accession of the new Covenanting States, whereby he shall accept as matters in respect to which the Dominion Legislature may make laws for the United State all the matters specified in the Instrument of Accession of the former Rajasthan State;
NOW, THEREFORE, I, Maharajadhiraja Sawai Sir Man Singhji Bahadur, Raj Pramukh of the United State of Rajasthan, do hereby execute this Instrument of Accession for and on behalf of the United State; and
1. I hereby declare that I accede to the Dominion of India with the intent that the Governor-General of India, the Dominion Legislature, the Federal Court and any other Dominion authority established for the purposes of the Dominion shall, by virtue of this Instrument of Accession but subject always to the terms thereof, and for the purposes only of the Dominion, exercise in relation to the United State such functions as may be vested in them by or under the Government of India Act, 1935, as for the time being in force in the Dominion of India (which Act as so in force is hereinafter referred to as "the Act").
2. I hereby assume the obligation of ensuring that due effect is given to the provisions of the Act within the United State so far as they are applicable therein by virtue of this Instrument of Accession.
3. I accept all matters enumerated in List I and List III of the Seventh Schedule to the Act as matters in respect of which the Dominion Legislature may make laws for the United State:
Provided that nothing contained in the said Lists or in any other provisions of the Act shall be deemed to empower the Dominion Legislature to impose any tax or duty in the territories of the United State or to prohibit the imposition of any duty or tax by the Legislature of the United State in the said territories:
Provided further that where a law of the United State with respect to one of the matters enumerated in the said List III contained any provisions repugnant to the provisions of an earlier Dominion Law or an existing law with respect to that matter, then, if the law of the United State having been reserved for the consideration of the Governor-General of India has received the assent of the Governor General, the law of the United State shall prevail in the United State but nevertheless the Dominion Legislature may at any time enact further legislation with respect to the same matter:
Provided further that no Bill or amendment for making any provision repugnant to any law of the United State, which having been so reserved, has received the assent of the Governor-General, shall be introduced or moved in the Dominion Legislature without the previous sanction of the Governor-General.
4. I hereby declare that I accede to the Dominion of India on the assurance that if an agreement is made between the Governor-General and the Raj Pramukh of the United State whereby any functions in relation to the administration in the United State of any law of the Dominion Legislature shall be exercised by the Raj Pramukh, then any such agreement shall be deemed to form part of this Instrument and shall be construed and have effect accordingly.
5. I further declare that the provisions contained in Part VI of the Act with respect to interference with water supplies shall aplpy in relation to the United State.
6. The terms of this Instrument of Accession shall not be varied by any amendment of the Act or of the Indian Independence Act, 1947, unless such amendment is accepted by the Raj Pramukh of the United State by an Instrument supplementary to this Instrument.
7. Nothing in thig Instrument shall empower the Dominion Legislature to make any law for the United State authorising the compulsory acquisition of land for any purpose, but should the Dominion for the purposes of a Dominion Law which applies in the United State deem it necessary to acquire any land the Raj Pramukh of the United State shall at the request and at the expense of the Dominion Government acquire the land or if the land belongs to the United State transfer it to them on such terms as may be agreed, or, in default of agreement, determined by an arbitrator to be appointed by the Chief Justice of India.
8. Nothing in this Instrument shall be deemed to commit the United State in any way to acceptance of any future constitution of India or to fetter the discretion of the Government of the United State to enter into arrangements with the Government of India under any such future constitution.
9. Save as provided by or under this Instrument nothing contained in this Instrument shall affect the exercise of any powers, authority and rights enjoyed by the Raj Pramukh or the validity of any law for the time being in force in the United State or any part thereof.
10. The Instruments of Accession executed in August, 1947 and May, 1948 by the Rulers of the new Covenanting States and the Raj Pramukh of the former Rajasthan State are hereby cancelled.
Given under my hand this fifteenth day of April, 1949.
S. MAN SINGH OF JAIPUR,
I do hereby accept this Instrument of Accession.
Dated this twelfth day of May Nineteen hundred and forty-nine.
C. RAJAGOPALACHARI,
Travancore-Cochin
WHEREAS by Instruments of Accession executed in August 1947 the Rulers of the States of Travancore and Cochin have acceded to the Dominion of India;
AND WHEREAS by Convenant entered into in May 1949, the Rulers of the said States have with the consent of the Government of India agreed to the integration of the respective territories into a single State known as the United State of Travancore and Cochin, in this Instrument referred to as "the United States";
AND WHEREAS by Article IX of the said Convenant it is provided that the Raj Pramukh of the United State shall, as soon as practicable execute on behalf of the United State a fresh Instrument of Accession in accordance with the provisions of Section 6 of the Government of India Act, 1935, accepting as matters with respect to which the Dominion Legislature may make laws for the United State all matters mentioned in List I and List III of the Seventh Schedule to the said Act, except matters relating to taxation;
NOW THEREFORE, I Sri Padamanabha Dasa Vanchi Pala Sir Bala Rama Varma Kulasekhara Kiritapati Manney Sultan Maharaja Raja Ramaraja Bahadur Shamsher Jung, Rajpramukh of the United State of Travancore and Cochin, do hereby execute this Instrument of Accession for and on behalf of the United State; and
1. I hereby declare that I accede to the Dominion of India with the intent that the Governor-General of India, the Dominion Legislature, the Federal Court and any other Dominion authority established for the purposes of the Dominion shall, by virtue of this Instrument of Accession but subject always to the terms thereof, and for the purposes only of the Dominion, exercise in relation to the United State such functions as may be vested in them by or under the Government of India Act, 1935, as for the time being in force in the Dominion of India (which Act as so in force is hereinafter referred to as "the Act").
2. I hereby assume the obligation of ensuring that due effect is given to the provisions of the Act within the United State so far as they are applicable therein by virtue of this Instrument of Accession.
3. I accept all matters enumerated in List I and List III of the Seventh Schedule to the Act as matters in respect of which the Dominion Legislature may make laws for the United State:
Provided that nothing contained in the said Lists or in any other provision of the Act shall be deemed to empower the Dominion Legislature to impose any tax or duty in the territories of the United State or to prohibit the imposition of any duty or tax by the Legislature of the United State in the said territories:
Provided further that where a law of the United State with respect to one of the matters enumerated in the said List III contains any provision repugnant to the provisions of an earlier Dominion Law or any existing law with respect to that matter, then, if the law of the United State having been reserved for the consideration of the Governor-General of India has received the assent of the Governor General, the law of the United State shall prevail in the United State but nevertheless the Dominion Legislaure may at any time enact further legislation with respect to the same matter:
Provided further that no Bill or amendment for making any provision repugnant to any law of the United State which, having been so reserved, has received the assent of the Governor-General, shall be introduced or moved in the Dominion Legislature without the previous sanction of the Governor-General.
4. I hereby declare that I accede to the Dominion of India on the assurance that if an agreement is made between the Governor-General and the Raj Pramukh of the United State whereby any functions in relation to the administration in the United State of any law of the Dominion Legislature shall be exercised by the Raj Pramukh then any such agreement shall be deemed to form part of this Instrument and shall be construed and have effect accordingly.
5. I further declare that the provisions contained in Part VI of the Act with respect to interference with water supplies shall apply in relation to the United State.
6. The terms of the Instrument of Accession shall not be varied by any amendment of the Act or of the Indian Independence Act, 1947, unless such amendment is accepted by the Raj Pramukh of the United State by an Instrument supplementary to this Instrument.
7. Nothing in this Instrument shall empower the Dominion Legislature to make any law for the United State authorising the compulsory acquisition of land for any purpose, but should the Dominion for the purposes of a Dominion Law which applies in the United State deem it necessary to acquire any land the Raj Pramukh of the United State shall at the request and at the expense of the Dominion Government acquire the land or if the land belongs to the United State transfer it to them on such terms as may be agreed, or, in default of agreement, determined by an arbitrator to be appointed by the Chief Justice of India.
8. Nothing in this Instrument shall be deemed to commit the United State in any way to acceptance of any further constitution of India or to letter the discretion of the Government of the United State to enter into arrangements with the Government of India under any such future constitution.
9. Save as provided by or under this Instrument nothing contained in this Instrument shall affect the exercise of any powers, authority and rights enjoyed by the Raj Pramukh or the validity of any law for the time being in force in the United State or any part thereof.
10. The Instruments of Accession executed in August, 1947, by the Rulers of the States of Travancore and Cochin are hereby cancelled.
Given under my hand this 14th day of July 1949.
RAMA VARMA,
I do hereby accept this Instrument of Accession.
Dated 15th day of August, Nineteen hundred and forty-nine.
C. RAJAGOPALACHARI,
APPENDIX L
SUPPLEMENTARY INSTRUMENT OF ACCESSION OF HIS HIGHNESS THE MAHARAJA OF MYSORE.
WHEREAS by virtue of an Instrument of Accession executed by me on the ninth day of August, 1947, and accepted by the Governor-General of India on the sixteenth day of August, 1947, the State of Mysore has acceded to the Dominion of India;
AND WHEREAS it is expedient that the said Instrument of Accession should be varied by extending the functions which by virtue of that Instrument are exercisable by any Dominion authority in relation to the said State;
NOW THEREFORE, I Jaya Chamaraja Wadiyar, Ruler of the State of Mysore do hereby execute this Supplementary Instrument and declare that as from the date on which this Supplementary Instrument is accepted by the Governor-General of India, the terms of any Instrument of Accession dated the 9th August 1947, shall have effect subject to the following variations, namely:—
1. In paragraph 1 of the said Instrument of Accession, for the words and figures 'on the fifteenth day of August, 1947' the words and figures 'on the First day of June, 1949' shall be substituted.
2. For paragraph 3 of the said Instrument of Accession, the following paragraph shall be substituted, namely:—
3. After paragraph 4 of the said Instrument of Accession, the following paragraph shall be inserted, namely:—
4. The Schedule to the said Instrument of Accession shall be cancelled.
Given under my hand this First day of June 1949.
JAYA CHAMARAJA WADIYAR,
I do hereby accepted this Supplementary Instrument of Accession.
Dated this 23rd day of June, Nineteen hundred and forty-nine.
C. RAJAGOPALACHARI,