Indo - Naga & other peace (Accord) talks
- Part 2 -

BD Behring *

MERGED WITH INDIA, ON 26 OCT, 1947

The instrument of accession is a legal document executed by Maharaja Hari Singh, ruler of the princely state of Jammu and Kashmir, on 26 October 1947. By executing this document under the provision of the Indian Independence Act, 1947. Maharaja Hari Singh agreed to accede to the dominion of India. The instrument of accession (J&K) executed by Maharaja Hari Singh on 29 October 1947 and accepted by Lord Mountbatten of Burma, Governor General of India on 27 October 1947. Manipur Merger Agreement, 1949 Agreement made this twenty first day of September, 1949 between the Governor General of India and his Highness, the Maharajah of Manipur.

Whereas in the best interests of the State of Manipur as well as of the Dominion of India it is desirable to provide for the administration of the said State by or under the authority of the Dominion Government.

IT IS HEREBY AGREED AS FOLLOWS:

Article I:
His Highness the Maharajah of Manipur hereby cedes to the Dominion Government full and exclusive authority, jurisdiction and powers for and in relation to the governance of the State and agrees to transfer the administration of the State to the Dominion Government on the fifteenth day of October 1949 (there in after referred to as "the said day"). As from the said day the Dominion Government will be competent to exercise the said powers, authority and jurisdiction in such manner and through such agency as it may think fit.

Article II:
His Highness the Maharajah shall continue to enjoy the same personal rights, privileges, dignities, titles, authority over religious observances, customs, usages, rites and ceremonies and institutions in charge of the same in the State, which he would have enjoyed had this agreement not been made.

Article III:
His highness the Maharajah shall with effect from the said day be entitled to receive for his life-time from the revenue of the State annually for his Privy Purse the sum of Rupees three lakhs free of all taxes. This amount is intended to cover all the expenses of the Ruler and his family, including expenses on account of his personal staff and armed guards, maintenance of his residences, marriages and other ceremonies, etc. and the allowances to the Ruler's relations who on the date of execution of this agreement were in receipt of such allowances from the revenues of the State, and will neither be increased nor reduced for any reason whatsoever.

The Government of India undertake that the said sum of Rupees three lakhs shall be paid to His Highness the Maharajah in four equal instalments in advances at the beginning of each quarter from the State treasury or at such other treasury as may be specified by the Government of India.

Article IV:
His Highness the Maharajah shall be entitled to the full ownership, use and enjoyment of all private properties (as distinct from State properties) belonging to him on the date of this agreement. His Highness the Maharajah will furnish to the dominion Government before the first January 1950, an inventory of all the immovable property, securities and cash balance held by him as such private property.
If any dispute arises as to whether any item of properties the private property of his highness the Maharajah or State property, it shall be referred to a Judicial Officer qualified to be appointed as a High Court Judge, and the decision of that officer shall be final and binding on both parties. Provided that his Highness the Maharajah's right to the use of the residences known as "Redlands" and "Les Chatalettes" in Shillong, and the property in the town of Gauhati known as "Manipuri Basti" shall not be questioned.

Article V:
All the members of His Highness's family shall be entitled to all the personal rights, privileges, dignities and titles enjoyed by them whether within or outside the territories of the State, immediately before the 15th August, 1947.

Article VI:
The Dominion Government guarantees the succession, according to law and custom, to the gaddi of the State and to his highness, the Maharajah's personal rights, privileges, dignities, titles, authority over religious observances, customs usages, rites and ceremonies and institutions in-charge of the same in the State.

Article VII:
No enquiry shall be made by or under the authority of the Government of India, and no proceedings shall lie in any Court in Manipur, against His highness the Maharajah whether in a personal capacity or otherwise in respect of anything done or omitted to be done by him or under his authority during the period of his administration of that State.

Article VIII:
The Government of India hereby guarantees either the continuance in service of the permanent members of the Public Services of Manipur on conditions which will be not less advantageous than those on which they were serving before the date on which the administration of Manipur is made over to the Government of India or the payment of reasonable compensation. The Government of India further guarantees the continuance of pensions and leave salaries sanctioned by His Highness the Maharajah to servants of the State who have retired or proceeded on leave preparatory to retirement, before the date on which the Administration of Manipur is made over to the Government of India.

The Government of India shall also undertake to make suitable provisions for the employment of Manipuris in the various branches of Public Services, and in every way encourage Manipuris to join them. They also undertake to preserve various laws, customs and conventions prevailing in the State pertaining to the social, economic and religious life of the people.

Article IX:
Except with the previous sanction of the Government of India 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 duties as a servant of the State before the day on which the administration is made over to the Government of India. In confirmation whereof Mr.VapalPangunniMenon, Adviser to the Government of India in the Ministry of States, has appended his signature on behalf and with the authority of the Governor General of India and His Highness Maharajah Bodh Chandra Singh, Maharajah of Manipur has appended his signature on behalf of himself, his heirs and successors.

BODH CHANDRA SINGH,
Maharajah of Manipur.
V.P. MENON,
SRI PRAKASH
Adviser to the Government of India,
Governor of Assam,
Shillong (Ministry of State)
September 21, 1949.

OTHER AGREEMENT (TALKED)

Simla Agreement July 2, 1972.

The Simla Agreement signed by Prime Minister Indira Gandhi and President Zulfikar Ali Bhutto of Pakistan on 2nd July 1972 was much more than a peace treaty seeking to reverse the consequences of the 1971 war (i.e. to bring about withdrawals of troops and an exchange of PoWs). It was a comprehensive blue print for good neighbourly relations between India and Pakistan under the Simla Agreement both countries undertook to abjure conflict and confrontation which had marred relations in the past and to work towards the establishment of durable peace friendship and cooperation.

(The words 'Indian Constitution special provision Article 271 "A" under the heading '16 Points afreement signed on' should be read as Indian Constitution special provision Article 371 "A" while the first point 'August 1847' under the heading 'Road To Peace' should be read as 'August 1947')

The Simla Agreement contains a set of guiding principles mutually agreed to by India and Pakistan, which both sides would adhere to while managing relations with each other. These emphasize respect for each other's territorial integrity and sovereignty; non-interference in each other's internal affairs; respect for each other's unity, political independence; sovereign equality; and abjuring hostile propaganda. The following principles of the Agreement are, however, particularly noteworthy.

A mutual commitment to the peaceful resolution of all issues through direct bilateral approaches. n To build the foundations of a cooperative relationship with special focus on people to people contacts. n To uphold the inviolability of the Line of Control in Jammu and Kashmir, which is a most important CBM between India and Pakistan, and a key to durable peace.

India has faithfully observed the Simla Agreement in the conduct of its relations with Pakistan.

SIMLA AGREEMENT

Agreement on Bilateral Relations between The Government of India and The Government of Pakistan.

1. The Government of India and the Government of Pakistan are resolved that the two countries put an end to the conflict and confrontation that have hitherto marred their relations and work for the promotion of a friendly and harmonious relationship and the establishment of durable peace in the sub-continent, so that both countries may henceforth devote their resources and energies to the pressing talk of advancing the welfare of their peoples.

In order to achieve this objective, the Government of India and the Government of Pakistan have agreed as follows:-
a. That the principles and purposes of the Charter of the United Nations shall govern the relations between the two countries;
b. That the two countries are resolved to settle their differences by peaceful means through bilateral negotiations or by any other peaceful means mutually agreed upon between them. Pending the final settlement of any of the problems between the two countries, neither side shall unilaterally alter the situation and both shall prevent the organization, assistance or encouragement of any acts detrimental to the maintenance of peaceful and harmonious relations;

c. That the pre-requisite for reconciliation, good neighbourliness and durable peace between them is a commitment by both the countries to peaceful co-existence, respect for each other's territorial integrity and sovereignty and non-interference in each other's internal affairs, on the basis of equality and mutual benefit;
d. That the basic issues and causes of conflict which have bedevilled the relations between the two countries for the last 25 years shall be resolved by peaceful means;
e. That they shall always respect each other's national unity, territorial integrity, political independence and sovereign equality;
f. That in accordance with the Charter of the United Nations they will refrain from the threat or use of force against the territorial integrity or political independence of each other.

2. Both Governments will take all steps within their power to prevent hostile propaganda directed against each other. Both countries will encourage the dissemination of such information as would promote the development of friendly relations between them.

3. In order progressively to restore and normalize relations between the two countries step by step, it was agreed that;
a. Steps shall be taken to resume communications, postal, telegraphic, sea, land including border posts, and air links including over flights.
b. Appropriate steps shall be taken to promote travel facilities for the nationals of the other country.
c. Trade and co-operation in economic and other agreed fields will be resumed as far as possible.
d. Exchange in the fields of science and culture will be promoted. In this connection delegations from the two countries will meet from time to time to work out the necessary details.

4. In order to initiate the process of the establishment of durable peace, both the Governments agree that:
a. Indian and Pakistani forces shall be withdrawn to their side of the international border.
b. In Jammu and Kashmir, the line of control resulting from the cease-fire of December 17, 1971 shall be respected by both sides without prejudice to the recognized position of either side. Neither side shall seek to alter it unilaterally, irrespective of mutual differences and legal interpretations. Both sides further undertake to refrain from the threat or the use of force in violation of this Line.
c. The withdrawals shall commence upon entry into force of this Agreement and shall be completed within a period of 30 days thereof.

5. This Agreement will be subject to ratification by both countries in accordance with their respective constitutional procedures, and will come into force with effect from the date on which the Instruments of Ratification are exchanged.

6. Both Governments agree that their respective Heads will meet again at a mutually convenient time in the future and that, in the meanwhile, the representatives of the two sides will meet to discuss further the modalities and arrangements for the establishment of durable peace and normalization of relations, including the questions of repatriation of prisoners of war and civilian internees, a final settlement of Jammu and Kashmir and the resumption of diplomatic relations.

Sd/-
Sd/-
(Indira Gandhi)
Prime Minister
Republic of India

(Zulfikar Ali Bhutto)
President
Islamic Republic of Pakistan

Simla, the 2nd July, 1972




To be continued .....