What Is The Possible Future Political status Of Manipur
- Part 3 -
Dr. Khomdon Lisam *
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. Patel 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.
9. 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. in protest against the "Merger Agreement signed on 21st September 1949" declared the Merger Agreement was invalid as the powers and authorities of Maharaja had been vested with the 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 amd 6 other Ministers and Hon'ble 43 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 300 armed guards to protect the king from any possible attack on the king.
10. 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 Independence 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.
11. 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.
12. Imposition of Indian Constitution without representation
No Manipuri was included in the Constituent Assembly formed on 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 . Rather the Constitution of India was imposed on Manipur with the forced annexation of Manipur.
13. 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.
14. States Merger (Chief Commissioners' Provinces) Order, 1950 was "ultra-vires" and "null and void"
As per the Notification issued by the Government of India, Ministry of Law, dated the 22nd January 1950, paras 1(1) (2), 2(1) the States Merger (Chief Commissioners' Provinces) Order, 1950 shall come into force only with effect from the 23rd January, 1950, and therefore the State of Manipur should have become administered under a Chief Commissioner only from that date onwards and as such the orders issued by the Ministry of States, New Delhi, dated the 15th October 1949 hurriedly merging Manipur with the Dominion of India and the order issued by the Chief Commissioner, Major General Rawal Amar Singh on 15th October 1949, who was appointed on the same day, ceasing the functioning of the Ministers of the State and dissolving the Manipur Legislative Assembly were clearly "ultra-vires" and "null and void" orders ie they were illegal and invalid orders issued prior to having the "authority to do so".
To be continued....
* Dr. Khomdon Lisam wrote this article for e-pao.net
The writer can be reached at khomdon(doT)lisam(aT)yahoo(doT)com
This article was posted on Janaury 19, 2016.
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