White Paper on Indian States (1950)/Part 5/Formation of Unions/Saurashtra
Saurashtra
126. This form of consolidation of States was first adopted in Kathiawar, covering 222 States and Estates (449 units if calculated on the basis of further fragmentation according to the number of share-holders), with varying territories and jurisdictions. Many of these States had several scattered islands of territories and added together these States divided the map of Kathiawar into about 860 different areas. The scheme for the constitution of the United State of Kathiawar, now known as Saurashtra, was finalised in the last week of January 1948. Some of the distinctive features of the scheme are:
The Covenant (Appendix XXXIV) was signed on 23rd January 1948 and the new State was inaugurated by the Hon'ble Sardar Patel on 15th February 1948.
127. The Covenant for the formation of the United State of Saurastra provided for the setting up of a Constituent Assembly to frame a Constitution for Saurashtra. A Supplementary Covenant was entered into by the Rulers of Saurashtra in 1949 to convert the Constituent Assembly elected under the provisions of the original Covenant into the interim Legislature of Saurashtra. Another Supplementary Covenant (Appendix XXXV) has been entered into to provide that the present Ruler of Nawanagar would hold office as Rajpramukh of Saurashtra during his life-time. With the integration in Saurashtra, of the territories of Junagadh and certain smaller States of Kathiawar (Appendix XXXVI), the area and population of the State respectively are 21,062 sq. miles and 3.556 millions.
APPENDIX XXXIV
The Covenant entered into by the Rulers of Kathiawar States for the formation of the United State of Kathiawar
We, the Rulers of certain States in Kathiawar,
Being convinced that the welfare of the people of this region can best be secured by the establishment of a state comprising the territories of the numerous States, Estates and Talukas in Kathiawar with a common Executive, Legislature and Judiciary,
And having resolved to entrust to a Constituent Assembly consisting of elected representatives of the people the drawing up of a democratic Constitution for that State within the framework of the Constitution of India to which we have already acceded, and of this Covenant,
Do hereby, with the concurrence and guarantee of the Government of India, enter into the following COVENANT—
Article I
In this Covenant,—
Article II
(1) The Covenanting States agree—
(a) to unite and integrate their territories in one State, with a common executive, legislature and judiciary, by the name of "THE UNITED STATE OF KATHIAWAR"; and
(b) to include in the United State so established, any other state, Taluka or Estate the Ruler or Talukdar of which agrees, with the approval of the Government of India, to the merger of that State, Taluka or Estate in the United State of Kathiawar.
(2) The terms of all the agreements of merger referred to in clause (b) of paragraph (1) of this Article shall be binding on the United State and shall be deemed to be part of this Covenant.
Article III
(1) There shall be a Council of the Rulers of the Covenanting Salute States.
(2) There shall be a Presidium consisting of five members, each of whom shall be the Ruler of a Covenanting State and shall be not less than 21 years of age.
(3) Subject to the condition mentioned in paragraph (2) of this Article, the Rulers of Nawanagar and Bhavnagar shall be permanent members of the Presidium, one member shall be elected from among themselves by the Rulers of the Covenanting Non-Salute States, and the other members shall be elected from among themselves by the members of the Council of Rulers other than Nawanager and Bhavnagar.
(4) The Council of Rulers shall elect one member of the Presidium to be the President, and another to be the Vice-President of the Presidium, and the President so elected shall be the RAJ PRAMUKH of the United State.
(5) A Ruler elected as a member of the Presidium in pursuance of paragraph (3), or as the President or the Vice-President of the Presidium in pursuance of paragraph (4), of this Article shall be entitled to field office as such member, President or Vice-President, as the case may be, for a term of five years from the date on which he enters upon the duties of that office.
(6) Notwithstanding anything to the contrary contained in the preceding paragraphs of this Article—
Article IV
(1) The Raj Pramukh shall be entitled to the same salary, allowances, and other amenities enabling him to discharge conveniently and with dignity the duties of his office, as the Governor of Bombay is entitled to on the 20th January, 1948.
(2) If the Raj Pramukh is by reason of absence or illness, or for any other reason, unable to perform the duties of his office, those duties shall, until he has resumed them, be performed by the Vice-President of the Presidium. During such period the Vice-President shall be entitled to the same salary, allowances and other amenities as the Raj Pramukh.
Article V
(1) There shall be a Council of Ministers to aid and advise the Raj Pramukh in the exercise of his functions except those under paragraph (2) of Article VII.
(2) The Ministers shall be chosen by, and shall hold office during the pleasure of, the Raj Pramukh.
(3) For the purpose of choosing the first Council of Ministers the Raj Pramukh shall convene, not later than the 20th February, 1948, a meeting of the members of the Electoral College of Kathiawar (formed for electing representatives to the Constituent Assembly of India) but excluding the members from the States of Cutch, Idar and Radhanpur.
Article VI
(1) The Ruler of each Covenanting State shall, as soon as may be practicable, and in any event not later than the 15th April, 1948, make over the administration of his State to the Raj Pramukh: and thereupon—
(2) When in pursuance of any such agreement of merger as is referred to in clause (b) of paragraph (1) of Article II the administration of any other State, Taluka or Estate is handed over to the Raj Pramukh, the provisions of clauses (a) and (b) of paragraph (1) of this Article, and in the case of a State, the provisions also of clause (c) thereof, shall apply in relation to such State, Taluka or Estate as they apply in relation to a Covenanting State, with the modification that in relation to a Taluka or Estate, the references in the said clauses to the Ruler shall be construed as references to the Talukdar.
Article VII
(1) The military forces, if any, of each Covenanting State shall, as from the date on which the administration of such State is made over to the Raj Pramukh, become the military forces of the United State of Kathiawar.
(2) Subject to any directions or instructions that may from time to time be given by the Government of India in this behalf, the authority to raise, maintain and administer the military forces of the United State shall vest exclusively in the Raj Pramukh.
Provided that nothing is this Article shall be deemed to prevent the Raj Pramukh from consulting the Presidium or the Council of Ministers in regard to any of the said matters.
Article VIII
Subject to the provisions of this Covenant and of the Constitution to be framed thereunder, the executive authority of the United State shall be exercised by the Raj Pramukh either directly or through officers subordinate to him; but nothing in this Article shall prevent any competent legislature of the United State from conferring functions upon subordinate authorities, or be deemed to transfer to the Raj Pramukh any functions conferred by any existing law on any court, judge officer or local authority in a Covenanting State.
Article IX
(1) There shall be formed, as soon as may be practicable, a Kathiawar Constituent Assembly in the manner indicated in Schedule II.
(2) It shall be the duty of the said Assembly to frame a Constitution for the United State (whether of a unitary or federal type) within the framework of this Covenant and the Constitution of India, and providing for a government responsible to the legislature.
(3) Until Constitution so framed comes into operation after receiving the assent of the Raj Pramukh, the legislative authority of the United State shall vest in the Raj Pramukh, who may make and promulgate Ordinances for the peace and good government of the State or any part thereof, and any Ordinance so made shall have the like force of law as an Act passed by the legislature of the State.
Article X
(1) The Ruler of each Covenanting State shall be entitled to receive annually from the revenues of the United State for his privy purse, the amount specified against that Covenanting State in Schedule I.
(2) The said amount is intended to cover all the expenses of the Ruler and his family including expenses on account of his personal staff, maintenance of his residences, marriages and other ceremonies, etc., and shall neither be increased or reduced for any reason whatsoever.
(3) The Raj Pramukh shall cause the said amount to be paid to the Ruler in four equal instalments at the beginning of each quarter in advance.
(4) The said amount shall be free of all taxes, whether imposed by the Government of the United State of Kathiawar or by the Government of India.
Article XI
(1) The Ruler of each Covenanting State 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 his making over the administration of that State to the Raj Pramukh.
(2) He shall furnish to the Raj Pramukh within one month of the said date an inventory of all the immoveable properties, securities and cash balances held by him as such private property.
(3) If any dispute arises as to whether any item of property is the private property of the Ruler or State property, it shall be referred to such person as the Government of India may nominate, and the decision of that person shall be final and binding on all parties concerned.
Article XII
The Ruler of each Covenanting State, as also the members of his family shall be entitled to all the personal privileges, dignities and titles enjoyed by them, whether within or outside the territories of the State, immediately before the 15th day of August, 1947.
Article XIII
(1) The succession, according to law and custom, to the gaddi of each Covenanting State, and to the personal rights, privileges, dignities and titles of the Ruler thereof, is hereby guaranteed.
(2) Every question of disputed succession in regard to a Covenanting Salute State shall be decided by the Council of Rulers after referring it to the High Court of Kathiawar and in accordance with the opinion given by that High Court.
Article XIV
No enquiry shall be made by or under the authority of the State of Kathiawar, and no proceedings shall lie in any court in that State, against the Ruler of any Covenanting State, 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 XV
The Government of Kathiawar shall, in consultation with the Government of India and the Government of Bombay, take all steps necessary to set up a Joint Advisory Council, consisting of Ministers of Kathiawar and Ministers of the Province of Bombay, for investigating and discussing subjects of common concern and making recommendations thereon, and in particular recommendations for the better co-ordination of policy and action with respect to any such subject.
Article XVI
(1) The United State of Kathiawar hereby guarantees either the continuance in service of the permanent members of the public services of each of the Covenanting States on conditions which will be not less advantageous than those on which they were serving before the date on which the administration of that State is made over to the Raj Pramukh or the payment of reasonable compensation.
(2) The United State of Kathiawar further guarantees the continuance of pensions and leave salaries sanctioned by competent authorities in any of the Covenanting States to members of the public services of that State who have retired, or proceeded on leave preparatory to retirement, before the date referred to in paragraph (1) of this article.
(3) Tho provisions of paragraphs (1) and (2) of this Article shall apply also in relation to the public services of any other State in Kathiawar merging in the United State of Kathiawar; and the provisions of paragraph (1) shall apply also in relation to any staff of the Regional Commissioner, Western India and Gujarat States, which may be transferred to the service of the United State of Kathiawar.
Article XVII.
Except with the previous sanction of the Raj Pramukh, 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 duty as a servant of any Covenanting State before the date on which the administration thereof is made over to the Raj Pramukh.
Article XVIII.
Nothing in this Covenant shall be deemed to prevent the Government of Kathiawar from negotiating a Union of Kathiawar with other Gujarati Speaking areas on such terms and conditions as may be agreed to by the Council of Rulers, as well as the Council of Ministers, of Kathiawar.
SCHEDULE I
Covenanting States and Privy Purse Amounts
Part A.—Salute States
| 1. | Nawanagar |
10,00,000 |
| 2. | Bhavnagar |
10,00,000 |
| 3. | Porbandar |
3,80,000 |
| 4. | Dhrangadhra |
3,80,000 |
| 5. | Morvi |
8,00,000 |
| 6. | Gondal |
8,00,000 |
| 7. | Jafrabad |
16,000 |
| 8. | Wankaner |
1,80,000 |
| 9. | Palitana |
1,80,000 |
| 10. | Dhrol |
1,10,000 |
| 11. | Limbdi |
1,95,000 |
| 12. | Rajkot |
2,85,000 |
| 13. | Dadhwan |
1,42,000 |
Part B.—Non Salute states
| 1. | Lakhtar |
91,000 |
| 2. | Sayla |
62,500 |
| 3. | Chuda |
51,250 |
| 4. | Vala |
88,750 |
| 5. | Jasdan |
1,50,000 |
| 6. | Amarnagar Thana-Devli |
1,00,000 |
| 7. | Vadia |
78,250 |
| 8. | Lathi |
77,500 |
| 9. | Muli |
53,000 |
| 10. | Bajana |
65,500 |
| 11. | Virpur |
44,500 |
| 12. | Maliya |
47,500 |
| 13. | Kotda-Sangani |
67,000 |
| 14. | Jetpur |
1,00,000 |
| 15. | Bilkha |
1,00,000 |
| 16. | Patdi |
20,000 |
| 17. | Khirasra |
30,000 |
SCHEDULE II.
Provisions relating to the Kathiawar Constituent Assembly.
1. The Assembly shall consist of not more than forty-five elected representatives of the people of the United State of Kathiawar on the basis of one representative for approximately one lakh of the population:
Provided that the people of each Covenanting Salute State shall, irrespective of their number, be entitled to elect at least one representative.
2. The United State of Kathiawar shall be divided into territorial constituencies, and the total number of seats shall be distributed among them by assigning to each constituency one or two seats as may be convenient. As far as possible the constituencies shall be so delimited as not to cut across the boundaries of any compact part of a Covenanting State.
3. The qualifications for membership of the Assembly and for being included in the electoral rolls shall be similar to those prescribed in relation to the Provincial Legislative Assembly of Bombay, subject to necessary modifications:
Provided that no person shall be disqualified either from being chosen as, or from being, a member of the Assembly or from being included in the electoral roll of a constituency, merely because he is the Ruler of a Covenanting or other State, or the Talukdar of a Taluka or Estate.
4. All order shall in due course be made and proclaimed by the Raj Pramukh providing, consistently with the foregoing provisions of this Schedule, for—
In confirmation of the above Covenant we append our signatures, on behalf of ourselves, our heirs and successors.
Rulers of the Covenanting States.
The Government of India hereby concur in the above Covenant and guarantee all its provisions. In confirmation whereof Mr. Vapal Pangunni Menon, Secretary to the Government of India in the Ministry of States, appends his signature on behalf and with the authority of the Government of India.
V. P. MENON,
Secretary to the Government of India,
Ministry of States.
APPENDIX XXXV
SUPPLEMENTARY COVENANT
WHEREAS it is expedient that the Covenant entered into by us, the Rulers of Kathiawar States, for the formation of the United State of Kathiawar, subsequently renamed as the United State of Saurashtra, should be further modified for the purpose and in the manner hereinafter described.
We, the said Rulers, do hereby, with the concurrence of the Government of India, enter into the following Supplementary Covenant.
Article I
Notwithstanding anything contained in Article III of the original Covenant, His Highness Maharaja Digvijaysinhji Ranjitsinhji Jadeja, Maharaja Jam Saheb of Nawanagar, shall be the President of the Presidium and the Rajpramukh of Saurashtra during his life time.
In confirmation of the above Convenant we append our signatures on behalf of ourselves, our heirs and successors.
(Sd.)
Rulers of Saurashtra.
The Government of India hereby concur in the above Covenant and guarantee all its provisions. In confirmation whereof, Mr. Vapal Pangunni Menon, Adviser to the Government of India in the Ministry of States, appends his signature on behalf and with the authority of the Government of India.
Secretary to the Government of India,
Ministry of States.
APPENDIX XXXVI
SUPPLEMENTARY COVENANT FOR THE INTEGRATION OF JUNAGADH AND CERTAIN OTHER STATES IN SAURASHTRA
WHEREAS, the duly elected representatives of the States of Junagadh, Manavadar, Mangrol, Bantwa, Sardargarh and Babariawad (hereinafter referred to as the said States), have recommended to the Government of India and the Government of the United State of Kathiawar renamed and hereinafter referred to as the United State of Saurashtra (a) that the administration of the said States be integrated with that of the United State of Saurashtra and (b) that the aforesaid representatives of the people of these States be enabled to participate in the Kathiawar Constituent Assembly hereinafter referred to as the Saurashtra Constituent Assembly with a view to framing a common constitution for the United State of Saurashtra and the said States;
AND WHEREAS, pending the final determination of the constitutional structure of the said States, by the Saurashtra Constituent Assembly it is expedient that the Covenant entered into by the Rulers of Kathiawar States for the formation of the United State of Saurashtra (hereinafter referred to as the said Covenant), shall be so modified as to provide for,
We, the Rulers of the Covenanting States, do hereby, with the concurrence of the Government of India, enter into the following supplementary Covenant
Article 1
Words used in the Supplementary Covenant shall have the same meaning as in the said Covenant.
Article 2
The provisions of this Supplementary Covenant shall have effect notwithstanding anything to the contrary contained in the said Covenant.
Article 3
From a date to be agreed upon between the Governments of the said States and the Government of the United State of Saurashtra, with the concurrence of the Government of India, the administration of the said States shall be integrated with that of the United State of Saurashtra and thereafter the legislative and executive authority powers and jurisdiction of the United State of Saurashtra shall extend to the said States to the same extent as it extends to the territory of any Covenanting State and except the provisions of Articles X, XI, XII, XIII and XIV and subject to Articles 4 and 5 of this Supplementary Covenant the provisions of the Covenant shall apply in relation to these States in the same manner as they apply to the Covenanting States.
Article 4
Not more than ten representatives elected by the people of the said States (of whom seven shall be elected by the people of the Junagadh State) shall be included among the members of the Constituent Assembly of Saurashtra and shall have the same rights, privileges and obligations as other members of the said Assembly.
Article 5
The Saurashtra Constituent Assembly shall frame a common constitution for the United State of Saurashtra and the said States.
In confirmation of the above Supplementary Covenant we append our signatures on behalf of ourselves, our heirs and successors.
- Nawanagar.
- Bhavnagar.
- Porbandar.
- Dhrangadhra.
- Morvi.
- Gondal.
- Jafrabad.
- Wankaner.
- Palitana.
- Dhrol.
- Limbdi.
- Rajkot.
- Wadhwan.
- Lakhtar.
- Sayla.
- Chuda.
- Vala.
- Jasdan.
- Amarnagar (Thana-Devli)
- Vadia.
- Lathi.
- Muli.
- Pajana.
- Virpur.
- Maliya.
- Kota-Sangani.
- Jetpur.
- Bilkha.
- Patdi.
- Khirasra.
- Vanod.
The Government of India hereby concur in the above Supplementary Covenant and guarantee all its provisions, in confirmation whereof Mr. Mullath Kadingi Vellodi, Secretary to the Government of India in the Ministry of States appends his signature on behalf and with the authority of the Government of India.
(Sd.) M. K. VELLODI,
Secretary to the Government of India,
Ministry of States.