Common future, peaceful co-existence and restoration of pre-merger political status of Manipur
- Part 4 -

Dr Khomdon Lisam *

Mass Rally for the common future of Manipur from THAU Ground to Khuman Lampak on 6 February 2016 :: Pix - Deepak OInam

Manipur was a democratic country before India become one

Soon after regaining independence of Manipur from British rule on 15 August, 1947, Maharaja Bodh-chandra took steps to introduce democracy in Manipur. s provided in the Manipur Constitution Act, 1947, elections of 53 representatives of the people to the Manipur State Assembly were held on 11 and 18 June, 1948 in the valley areas and on 26th and 27th July, elections were held in the hill areas.

The first ever elected Manipur State Assembly was inaugurated by the Maharaja on 18 October, 1948. The Maharaja addressed the first session of the first Manipur State Assembly on 18 October, 1948. The new ministry was headed by M.K. Priyobarta Singh, younger brother of Maharaja Bodhchandra Singh.

Series of blunders committed by the Government of India against Manipur

History has shown clearly that the Government of India had done a series of blunders which are the beyond the scope of International law to Manipur during 1947-1950 which led to illegal annexation of Manipur to India. These blunders will always remain as a jeremiad and the genesis of all conflicts with the Government of India and the people of Manipur and will aggravate its intensity unless the Government comes out with some concrete solutions in the form of "Restoration of Pre-Merger Status of Manipur".

In this connection, we may refer to the statement of G.K. Pillai, former Union Home Secretary, which was published on 27 September, 2011 in the Telegraph newspaper.

According to him, the repeal of the draconian act AFSPA -1958 was one of the first steps towards resolving the vexed conflict of Manipur's valley and hills. He said that "the ancient kingdom of Manipur had a constitution even before India wrote her own and had a proud history and was overnight turned into a C-category state in 1948. He further added "we have to build trust by dealing with the core issues. An apology , say by the Prime Minister or the Home Minister, for the past mistakes could be a start."

Signing of the Instrument of Accession on 11th August, 1947

Maharaja Bodhchandra of Manipur signed the Standstill Agreement and the Instrument of Accession on 11th August, 1947. But he had no authority to sign the Standstill Agreement and the Instrument of Accession without the approval of the Manipur State Assembly since he had already become the constitutional ruler.

Signing of the Instrument of Accession was done before the Dominion of India came into existence. On 11th August, 1947 India had not yet become independent and the Dominion of India did not come into existence. Thus the two documents of the Standstill Agreement and the Instrument of Accession signed by the Maharaja should not be taken as valid since these were signed before creation of dominion of India.

The Instrument of Accession signed by the Maharaja was probably not countersigned by Lord Mountbatten, Governor General during his tenure from 20 February 1947 to 21 June 1948) and therefore not valid according to international law. Why do the Government of India treated the records of the Instrument of Accession pertaining to Manipur as a classified document ?

The Instrument of Accession signed by Maharaja Bodhchandra of Manipur on 11 August was never ratified by the Manipur Constituent Assembly and therefore not valid. In case of Jammu and Kashmir, the Instrument of Accession was ratified by the State Assembly on 15 February, 1954. According to the Government of India Act-1935 (6-(9), immediately the Instrument of Accession has been accepted by Governor General, copies of the Instrument and His Majesty's acceptance thereof shall be laid before the Parliament and all courts shall take judicial notice of every such instrument and acceptance.

But there are no records of the accepted copies of the Instrument of Accession of Manipur having laid down before the Parliament and all courts of India. Manipur did not lose sovereignty even after signing the Instrument of Accession on 11th August, 1947. According to the provisions of the Instrument of Accession, the Dominion of India will be responsible only for three matters – Defence, External Affairs and Communication.

Declaration of Sovereignty and Independence of Manipur

On the night of 14th August, 1947 at 12 P.M. , Mr. Gerald Pakenham Stewart informed Maharaja Bodhchandra that the paramountcy of British rule in India had come to an end and India became independent from that particular moment. He handed over the reigns of Manipur to the Maharaja in presence of Sanasam Gourahari, Private Secretary and Mr. Mayengbam Anandamohon, ADC. On 28th August (Thawan), 1947 AD, ( Thursday) at 12 midnight, the sovereignty of Manipur was declared by the Political Agent Mr. Gerald Pakenham Stewart, ICS and he handed over Manipur to Maharaja Bodhchandra Singh and Maharani Ishwori Devi at the Manipur State Durbar in presence of all senior officers and a large number of people. Maharaja entered Kangla at Imphal and hoisted the National Flag of Manipur bearing the Pakhangba Flag. Top-guns were fired 18 times by Ahongsangbam Bidhu, Top Major in honour of the Sovereign Kingdom in the presence of a large crowd. (Sarangthem Bormani – Meitei Ningthourol, 2nd Edition, 2000).

Manipur's First Election

On 11 and 18 June, 1948, election were held in the valley areas and on 26 and 27th July, elections were held in the hill areas to elect people's representatives. On 26 November, a Non- Congress Coalition Government was formed as no party could secure an absolute majority. The new ministry was headed by M.K. Priyobarta Singh , younger brother of Maharaja Bodhchandra Singh with following ministers :-
Dr. Ningthoujam, Leiren – Minister in charge of Education and PWD
Ayekpam Gourbidhu – Commerce and Industry
Arambam Ibotomba – Finance
Major R. Khathing – Minister in charge of Hills
Mr. Tebkilo – Forest and Agriculture
Md. Alimmuddin – Jail and Medical
Sougaijam Somorendro – Opposition Leader
Maharaja of Manipur was invited at Shillong
Mr. Prakasa, Governor of Assam invited Maharaja of Manipur, Bodhchandra to Shillong in September, 1949 for talks as per wishes of the Maharaja. The Maharaja, having full trust in the relationship with India, arrived in Shillong on September 17, 1949 accompanied with his ADC, the Private Secretary and a few household staff members along with some bodyguards.

Forced attempts to get the Merger Agreement signed by Maharaja Bodhchandra

On the first day of the meeting on 18 September, 1949, the Assam Governor straight away placed before the Maharaja an already prepared 'Merger Agreement' whereby Manipur would be 'merged' with India and asked him to sign the same. The Maharajah had given in writing to the Governor of Assam "I am merely a Constitutional Head of a fully responsible Government under the Constitution Act -1947 approved by the Government of India (British India) and the voice of the Majority is my voice and it shall be constitutionally and legally binding on me not otherwise." Knowing the Maharaja's firm stand, Prakasa did not pursue the matter further for the day.

The Maharaja on his return to his Redlands residence where he was staying found Indian Army personnel surrounding the compound of his premises. The house arrest had begun as pre-planned. While under house-arrest, the Maharaja was not allowed to have any communication with the outside world, not to speak to Manipur. When Prakasa ventured to suggest to Sardar Patel that the Maharajah might not agree to sign the merger document. Sardar Patel, who was by then seriously ill, demanded, "No Brigadier in Shillong?" Thus Sardar Patel, India's 'Iron Man' had given green signal to use force should it became necessary in this land of Non-violence of Mahatma Gandhi.

Prakasa was firm in his insistence that the Maharaja was asked to sign the 'agreement' before going back to Manipur. Thus, after resisting for three restless days and sleepless nights, the Maharaja could not see any escape. Ultimately, he signed the treacherous 'Merger Agreement' in a state of helplessness, while still under house-arrest on 21 September, 1949.

Under the terms of the "agreement" Manipur comes under Indian rule from 15 October, 1949. Thus the Government of India overthrown the Maharaja and occupied Manipur and became part of India. Thus, the signing of Merger agreement on 21 September, 1949 was done by deceit and forceful tactics contrary to international laws. Even after signing the Instrument of Accession, Manipur did not lose her sovereignty as the Union Government was to look after Defence, External affairs and Communications. The signing of the Manipur Merger Agreement was therefore between a sovereign state called Manipur and the Government of India. It should therefore free from coercion or force or undue pressure.

Post-Merger Political Status of Manipur

Manipur State Assembly rejected the Merger Agreement. The 4th sitting of the 3rd session of the Manipur State Assembly in its session held at the Johnston School on 28th September, 1949 at 2.30.p.m rejected the "Merger Agreement signed on 21st September 1949" and declared the Merger Agreement invalid as the powers and authorities of Maharaja had been vested with the Manipur State Assembly. The excerpt of the Assembly proceedings was published in the Manipur State Gazette, part IV, dated 14 October 1949. Mr. T.C. Tiankham Speaker, Mr. M. K, Priyobarta Singh, Chief Minister and 6 other Ministers and 43 Hon'ble Members were present and adopted the resolution.

The copies of the declaration signed by P.B. Singh, Chief Minister, T.C. Tiankham, Speaker, Arambam Ibungotomcha Singh, Minister of Finance and Foreign Affairs was sent to the Government of India. But there is no reply from the Government of India on this issue during the last 66 years. It is said that the Kuki Chiefs were greatly disheartened to hear the news and they sent 250 armed warriors to protect the king from any possible attack on the king. The dissolution of Manipur Assembly was in violation of Independence Act, 1947.

The Indian Independence Act, 1947, para 9(5) states that "No order shall be made under this section, by the Governor of any Province, after the appointed day, or, by the Governor-General, after the thirty-first day of March, nineteen hundred and forty-eight (31 March, 1948), or such earlier date as may be determined, in the case of either Dominion, by "any law of the Legislature of that Dominion."

However, violating the provisions of the Indian Indepen- dence Act, 1947, para 9(5), Shri C. Rajagopalcharry, Governor General of India issued an order on 15-10-1949 declaring that 'the Ministers' in Manipur State shall cease to function and 'the Legislature' of the State shall stand 'dissolved' citing Sections 3 and 4 of the Extra Provincial jurisdiction Act, 1947 (Act XLVII of 1947). This is in violation of Independence Act, 1947.

Manipur Constitution Act-1947 was never repealed

Once Manipur became part of the India, the Government of India dissolved the State's Constitution Assembly in October, 1949 without repealing the Manipur Constitution Act-1947. This is another blunder The Government of India placed Manipur as a part C state. This was considered a disgrace to the state and the people of Manipur . Further it was degraded to the status of the Union Territory from 1956 onwards. In 1972, Manipur was elevated to the status of a state after a long and protracted nonviolent, peaceful struggle.

Imposition of Indian Constitution without representation

No Manipuri was included in the Constituent Assembly formed in 1946. Tripura can not represent Manipur. No Manipuri participated in the deliberations of the Constituent Assembly on 26 November, 1948. No referendum was conducted in Manipur regarding introduction of Indian Constitution in Manipur or merger of Manipur with the Indian dominion. Rather the Constitution of India was imposed on Manipur with the forced annexation of Manipur.

Nagaland was raised from village republic to Statehood in 1963

Nagaland was raised from a village republic to Statehood on 1 December, 1963 as a part of appeasement policy of the Government of India towards the Naga underground movement and violent struggle. Manipuris took it as an gross insult to the state and the people of Manipur perpetuated by the Government of India.

To be continued...