What had happened to Manipur ?
- Part 6 -

Puyam Nongdrei *

Beheading of Mr Quinton and the officer.
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Governor of Assam and Sir Akbar Hydari

Muhammad Saleh Akbar Hydari was the first and only Indian to hold the office of Governor of a Province during the British rule. He was the son of Sir Muhammad Akbar Nazar Ali Hydari who served as the Prime Minister of Hyderabad State. Muhammad Saleh Akbar Hydari or in short Sir Akbar Hydari was appointed by the King of Britain on the advice of the Governor-General. He was the Governor of Assam from 4 May to 15 August 1947 during the British colonial rule and he continued to hold the office from 15 August 1947 to 28 December 1948 as the Assam Governor of an independent Dominion of India.

Under the Government of India Act, 1935, the Governor of a province could exercise his individual judgement in discharge of his special responsibilities which include safeguarding the rights of the Indian States and the Rulers and securing of the execution of orders issued to him by the Governor-General in his discretion. While exercising the executive powers of the Governor with reference to exercising his individual judgement under Act of 1935, it was essential for him to consult the Council of Ministers, although he was not bound to accept and act upon their advice.

Deputy Prime Minister Sardar Patel visited Shillong in the first week of January 1948 along with other officials of the States Ministry. On 2nd January, King Bodhchandra attended the Rulers' Meeting held in Shillong. On 21 June 1948, Governor-General Lord Mountbatten was succeeded by C. Rajagopalachari as the second Governor-General of India. The departure of Lord Mountbatten was a crucial turning point in the India-Manipur relationship. Soon after his departure, the Dominion Agency was abolished by the Dominion of India. Instead of that, a new post of Dewan was established to look after the treaty obligations between India and Manipur. On 2 August 1948, Akbar Hydari wrote a letter to King of Manipur stating the role of the Dewan as to oversee the treaty relations.

Sir Hydari visited Imphal from 28th June to 3rd July 1947 after signing the 9-point Accord also known as Naga-Akbar Hydari Accord of 1947 following a three-day long deliberations in Kohima from 26 to 28 June 1947. It was abrogated by Naga National Council (NNC) because of military threat given to the Nagas by Akbar Hydari while deliberating in Kohima. During his visit, Hydari explained the position of Manipur to the King.

The Manipuri members of the State Darbar submitted a letter dated 29th June 1947 to the Governor through the political agent of Manipur G.P. Stewart stating that independent existence of Manipur was impractical and expressed willingness to join the Constituent Assembly of India. The letter also mentions the submission of a draft constitution of Manipur and a Hill Regulation for governing the State. Besides, the demand for an Interim Council was raised constituting the representatives of the hill peoples and the valley on the lines of the new administration rules.

In the letter it was stated that it should be the particular responsibility of the Interim Council to negotiate the necessary arrangements with the Union and also to press ahead with arrangements for the introduction of the new constitution.

Interestingly, the Manipur State Darbar was dissolved on 30 June 1947 and a new Manipur State Council was constituted on 1st July 1947 and the King of Manipur became a Constitutional Head since that day with the transfer of major powers and responsibilities to the Council.

The memorandum submitted to Governor of Assam on 1 July 1947 was signed by the King and Manipuri members of the State Darbar. On the next day, another memorandum was submitted to the Governor signed by the King, President FF Pearson and other Manipuri Darbar members.

The new Rules for the Administration of Manipur introduced on 1st July 1947 and other allied measures for the State administration came into force with order promulgated by the Governor of Assam as representative of the British Crown. The agreements reached between the Assam Governor and Manipur State as specified by the memorandums submitted on 1st and 2nd July 1947 reflect the 'viability factor' and negotiation for closest relationship on reciprocal basis between Manipur and Assam and the Indian Union.

The Manipur State Council constituted on 1st July 1947 negotiated with the Assam Governor for a special relationship on reciprocal basis. But the terms of the agreements carry the consciousness on the part of the High Highness in Council about the asymmetrical power relationship and submissive negotiation for something called a cordial relationship with India. The introduction of the Manipur State Courts Act, 1947 and the Manipur State Hill Peoples (Administration) Regulation, 1947 before 15th August 1947 was agreed upon.

In the last week of July 1947, the special session of the Chamber of Princes was attended by King Bodhachandra in Delhi. On 26 July, the Manipur State Constitution was adopted following the passing of the Act in May 1947. The colonial fetters in the provisions of the Manipur Constitution Act, the Courts Act and Hill Regulation, 1947 and the Rules for the Administration of Manipur introduced on 1st July 1947 got washed away under section 7 (1) of the Indian Independence Act, 1947. Or, these colonial fetters had to be amended by the elected government of independent Manipur on or after 15th August 1947.

Article 56 of the Chapter XI of the Manipur Constitution Act states: "Any provision of this Act may be subject to amendment by the Maharaja in Council provided that such amendment is laid before the Assembly and receives the support of at least 80 per cent of the State Assembly present and voting, when such amendment is debated."

On 22 October 1948, the Government of Manipur changed the name of the British-era State Military Police to the Manipur Rifles by a resolution. Was there any such other amendment to do away with the colonial fetters? The Instrument of Accession and Standstill Agreement were signed on 11 August 1947. The State Council was dissolved and an Interim Council was established on 14 August 1947. On the next day, the Indian Independence Act, 1947 came into force and the suzerainty of the British Crown over Manipur ended. If the King of Manipur met with the departing Governor-General Lord Mountbatten in April 1948 in Shillong, there must be some deliberation on the status of Manipur and the future relationship with India.

Section 9 sub-section (2) of the Independence Act of 1947 says that the powers conferred by this section on the Governor-General shall be exercisable also by the Governor of Assam Akbar Hydari on matters related to the exercise of his individual judgement, which under this Act, are to cease to exist. But sub-section (5) of this section clearly says that no order shall be made under this section by the Governor of any Province after 15 August 1947.

An excerpt from the section 8 (2) is as follows: "...; and the provisions of that Act (Government of India Act, 1935), and of the Orders in Council, rules and other instruments made thereunder, shall, so far as applicable, and subject to any express provisions of this Act (the Indian Independence Act), and with such ommissions, additions, adaptations and modifications as may be specified in orders of the Governor-General under the next succeeding section (section 9), have effect accordingly:

Provided that- (c) so much of the said provisions as requires the Governor-General or any Governor to act in his discretion or exercise his individual judgment as respects any matter shall cease to have effect as from the appointed day.

Now, the question is: who can exercise the powers given under the section 9 in relation to Manipur on matters related to exercise of his individual judgement under the Act of 1935? Could Sir Akbar Hydari revoke or vary the previous order to facilitate the accession of Manipur? Could the Governor-General exercise his powers to do the same? Whatever they can do exercising their powers relating to their individual judgment will have to revoke or vary the order promulgated for the Manipur Constitution Act, 1947 which was in operation in Manipur even after 15 August 1947. If their powers and authority failed to breach the validity of the laws in force in Manipur before and after 3rd June 1947 (the retrospective date earliest possible under section 9 of the Independence Act, 1947), the accession of Manipur could not be signified. If so, Manipur was not acceded to the Dominion of India.

Accession of India States to the Dominion of India

In addition, we can ask a good question to the author (s) of the Instrument of Accession. The Instrument says that the Governor-General of India shall exercise such functions as may be vested in him by or under the Government of India Act, 1935, as in force in the Dominion of India on 15 August 1947. It also says that the Governor-General shall exercise the functions for the purposes only of the Dominion of India. Why only of the Dominion of India? He has to support the integration of States by signifying the Instrument of Accession executed by the Ruler of each of the Indian State. He could not have an unbiased position while exercising his functions. Again, one has to remember that the words "as may be vested" in the Instrument indicates the undecided form of the Act of 1935 which was to be adapted by the Governor-General.

The functions vested to the Governor-General Lord Mountbatten by or under the Indian (Provisional Constitution) Order, 1947 included signifying the acceptance of the Instrument of Accession by him to effect the accession of the Indian States to the Dominion of India. Another important function was the promulgation of ordinances under section 42 of the India (Provisional Constitution) Order, 1947. These are some of the most important functions exercisable by him in accordance with the provisions of the adapted Act of 1935 in force on 15 August 1947. By exersicing his power to promulgate ordinances, the Extra-Provincial Jurisdiction Ordinance was promulagted on 27 August 1947 with retrospective effect as from 15 August 1947.

When the accession test failed, there was no way the Dominion Legislature could make laws for the State on matters specified in the Schedule categorised into Defence, External Affairs, Communications and Ancillary. Whatever functions exercisable by the Governor-General of India, the Dominion Legislature, the Federal Court and any other Dominion authority by virtue of the Instrument of Accession were subject always to the terms of the Instrument of Accession. Here, the Article 8 of the Instrument is very significant. It is as follows:

"Nothing in this Instrument affects the continuance of my sovereignty in and over this State, or save as provided by or under this Instrument, the exercise of any powers, authority and rights now enjoyed by me as Ruler of this State or the validity of any law at present in force in this State."

The independent political status of Manipur on or after 15 August 1947 was inviolable as provided by the express provisions under section 7 (1) of the Indian Independence Act, 1947. The Dominion Legislature could not do anything worth naming before the State is legally acceded to the Dominion. Its power to make law would come into effect only after the accession was signified by the Governor-General of India under section 6 sub-section (1) of the India (Provisional Constitution) Order, 1947.

The validity of the laws in force in Manipur was not affected by the Instrument of Accession. King Bodhchandra assumed the obligation of ensuring that due effect is given to the provisions of the Act of 1935 as in force on 15 August 1947 within Manipur so far as they are applicable therein by virtue of the Instrument of Accession.

Under section 9 (1) The Governor-General shall by order make such provision as appears to him to be necessary or expedient- (a) for bringing the provisions of this Act (Indian Independence Act, 1947) into effective operation; (d) for removing difficulties arising in connection with the transition to the provisions of this Act.

Section 9 sub-section (4) states: Any order made under this section, whether before or after the appointed day, shall have effect- (c) outside British India, or, as the case may be, outside the new Dominion or Dominions concerned, to such extent, whether before, on or after the appointed day, as a law of the Legislature of the Dominion or Dominions concerned would have on or after the appointed day.

Any order made under this section before or after the appointed day, i.e., 15 August 1947 would have retrospective effect as from the 3rd June 1947 according to the section 9 sub-section (3) of the Independence Act of 1947. As the section 9 had effect from 3rd June 1947, the Governor-General could make order to remove difficulties arising in connection with the transition to the provisions of this Act and to bring the provisions of this Act into effective operation.

What are the difficulties? Section 2 sub-section (4), proviso to section 7 (1), section 8 (2) (e), section 9 (4) (c), proviso to section 19 (3) (b) and other provisions of the Indian Independence Act, 1947 have explicitly and implictly provided rooms for the accession of the Indian States. Read together these provisions with that of the Instrument of Accession, there were numerous such difficulties to be removed to establish a functioning government of the Dominion of India and integrate the Indian States which regained their political independence following the lapse of the British suzerainty on 15th August 1947 under section 7 (1) of the Independence Act of 1947.

The power to make orders with retrospective effect as from 3rd June 1947 till 31 March 1948 was a sure means to get rid of these difficulties in the integration process of the Indian States starting from 3rd June 1947. The sub-sections (3) and (5) of section 9 of the Independence Act of 1947 was made provisions of the Act to help the Governor-General remove the difficulties which will come in the way to integration of the Indian States including Manipur to the Dominion of India. By making an order under section 9, the Governor-General could have swept the road clear for Manipur's accession to the Dominion as the Instrument of Accession and the Standstill Agreement were already signed on 11 August 1947. According to Article 1 of the Instrument, the Governor-General of India was to exercise whatever functions vested in him by or under the adapted Act of 1935, for the purposes only of the Dominion of India.

The legal experts became the proverbial monkey whose tail got stuck. The order promulgated in connection with the Manipur State Constitution Act, 1947 was the thing that put Lord Mountbatten and many Great Indian minds in a helpless situation in relation to Manipur. The Royal Order issued by King Bodhachandra on 12 December 1946 was a historic event in the struggle for a responsible government in Manipur in the wake of the World War II.

The approval of the Constitution Making Committee by the then Governor of Assam acting as the representative of the British Crown in India was something which could not be erased by any order having retrospective effect from 3rd June 1947. After the Royal Order was issued in December 1946, the election to form the Manipur Constitution Making Committee was held on 20 January 1947 (21 January 1947 according to some sources). The Constitution Making Committee led by its Chairman F.F. Pearson, the then President of the Manipur State Darbar was inaugurated on 10 March 1947. The Manipur State Constitution Act, 1947 was passed on 8 May and the Constitution was adopted on 26 July 1947.

The passing of the Manipur Constitution Act, 1947 in May before the date of 3rd June 1947 is something very unpleasant to those working for the integration of Manipur. Besides, the Article 8 of the Instrument of Accession says clearly that the validity of any law in force in Manipur was not affected by the terms of the Instrument. The retrospective effect of any order made under section 9 of the Indian Independence Act, 1947 could not remove the Manipur Constitution Act, 1947. Together with Article 8 of the Instrument signed by King Bodhachandra on 11 August, the Manipur Constitution Act, 1947 was in force in Manipur with the terms of the Instrument protecting the Constitution Act from erosion.

When Manipur regained sovereign status on 15 August 1947, the State Constitution Act was in operation. As the Governor-General of India or Assam Governor could not revoke any previous order to bring into halt the operation of the laws in force in Manipur, there was no way the Governor-General could have appended his signature in the Instrument of Accession. This necessitates the SECRET file of the Ministry of Home, Government of India to take over Manipur in 1949 by forcibly extracting the signature of the King of Manipur. The coutious moves made by New Delhi in its dealing with this small state called Manipur has something to do with the shaky ground on which the Government of India stands to rule Manipur as an integral part of India. The way the Merger Agreement was extracted and its legal validity and the failed accession of Manipur in 1947 have something to say about the hidden truth.

The Instrument of Accession signed by Maharani Prabha Devi, Maharani Regent of Tripura on 13th August 1947 was accepted by Governor-General Louis Mountbatten on the same day. The Instrument of the Khasi Hills States was signed by the 25 Siems of the States between 15 December 1947 to 19 March 1948. It was accepted by Governor-General C. Rajagopalachari on 17 August 1948. The Instrument signed by King Hari Singh of Kashmir on 26 October 1947 was accepted by Governor-General Mountbatten on the next day. What about the Instrument of Accession signed by King Bodhachandra of Manipur on 13 August 1947? Why is there no date of acceptance of the Instrument by any of the two Governor-Generals of India?

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To be continued ...