Manipur (Admn) Order 1949 illegal : MSC
Source: The Sangai Express
Imphal, December 26 2019:
The Manipur State Council (Government-in-exile) has categorically stated that both the Manipur (Administration) Order 1949 issued by the Joint Secretary to the Government of India on October 15, 1949 and the States' Merger (Chief Commissioners' Provinces) Order 1950 issued by C Rajagopalchari on January 22, 1950 are illegal.
A statement issued by MSC, Minister of Foreign Affairs and Defence Narengbam Samarjit asserted that under Section 9 (5) of the Indian Independence Act 1947, the Government of India and the Dominion Government or the Central Government does not have any power or authority to issue an order such as the Manipur (Administration) Order 1949, States' Merger (Chief Commissioners' Provinces) Order 1950 etc.
Before August 15, 1947, no Princely State could accede to the Dominion of India by way of signing the Instrument of Accession because the Indian Independence Act or India (Provisional Constitution) Order 1947 was not yet operational.
In the case of Manipur, Maharaja Bodhchandra had not authority to sign any Instrument of Accession as Constitutional system had been already introduced under the Manipur State Constitution Act 1947 and the Manipur State Administration Rules 1947 even though Governor General of India Mountbatten had accepted the Instrument of Accession, it asserted.
Such accessions were a big conspiracy of the Indian Government.
That was why Mountbatten stated that India would not last 100 years, it remarked.
The Instrument of Accession says that an Indian State can accede from the Dominion of India after quitting the Empire of India.
The Dominion of India had no authority to sign any contract with the Manipur State because the Dominion of India was not a State whereas the Instrument of Accession is an instrument which must be signed between two States.
The Instrument of Accession was signed between Maharaja Bodhchandra and Governor General Mountbatten as heads of States.
No Indian State was authorised to sign any contract before August 15, 1947 because the States were then parts of the Empire of India and their external sovereignty was exercised by the Empire of India, it contended.
Manipur cannot be merged into the Indian Union on the strength of the Manipur Merger Agreement.
The Manipur Merger Agreement is a fake document fabricated by Indian leaders and this fact has been apprised to the Home Minister of India, Samarjit said.
There is a no valid provision in the Indian Independence Act 1947 and the India (Provisional Constitution) Order 1947 under which an Indian State can merge into India.
No preamble related to relevant Acts, laws and the Instrument of Accession is written in the Manipur Merger Agreement, alleged the MSC.
On the other hand, the Instrument of Accession had a preamble on related Acts and laws.
The agreement contained in the Instrument of Accession is not a merger agreement but a supplementary instrument.
Moreover, Maharaja Bodhchandra had no authority to sign the Manipur Merger Agreement as defined in Section 3 of the Manipur State Constitution Act 1947 .
At the same time, the Dominion of India was also wrong in signing the Merger Agreement, it asserted.
Mountbatten stated that India would not last 100 years because the Indian Government led by Jawaharlal Nehru committed a number of wrongs against the British laws, it continued.
Mountbatten was appointed by His Majesty, the king of British empire.
He was the Governor General of India and also the Governor General of the Dominion of India.
As an executive authority, Governor General Mountbatten had the power to issue orders.
Mountbatten served as the Governor General of the Dominion of India till June 21, 1948 before he was succeeded by C Rajagopalchari under a law enacted by the dominion legislature.
India's political transition started on August 15, 1947 and it was completed on March 31, 1948.As such, Mountbatten too lost all powers to issue any official order after March 31, 1948 as per Section 9(5) of the Indian Independence Act 1947.Although C Rajagopalchari was not an executive authority, he issued the States' Merger (Chief Commissioners' Provinces) Order 1950 under which independent sovereign State of Manipur was annexed to India.
This testifies that the Indian Government does not follow rule of law, it alleged.
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