946 (#990) ############################################
CHAPTER XXXVIII
POLITICAL DEVELOPMENTS SINCE 1919
LORD CHELMSFORD was the Governor-General and Viceroy
of India in 1919 when the Government of India Act, 1919 was
passed by the British Parliament and he continued to occupy that
exalted position up to 1921.
CHAPTER XXXVIII
POLITICAL DEVELOPMENTS SINCE 1919
LORD CHELMSFORD was the Governor-General and Viceroy
of India in 1919 when the Government of India Act, 1919 was
passed by the British Parliament and he continued to occupy that
exalted position up to 1921.
Cambridge History of India - v4 - Indian Empire
When the Unions of the States
were created, full-fledged responsible government was established
in them. It is true that the people living within the Centrally-
administered areas were not given full control over their administra-
tion, but the people of other Indian States were given responsible
government. Legislatures were set up in the States and the Minis-
tries were made responsible to them. The Rajpramukhs were made
constitutional heads.
THE STATES REORGANISATION COMMISSION
For a long time, there was a demand for the reorganisation of
the provinces of India on linguistic lines. It was contended that
the existing provinces were not created by the British Government
on any scientific principle. Those were set up from time to time
on grounds of expediency. In 1948, the Linguistic Provinces Com-
mittee known as the Dar Committee was set up to go into the mat-
ter. The Committee reported against the proposition. Its view
was that nationalism and sub-nationalism were two emotional
experiences which grew at the expense of each other. A Commit-
tee consisting of Prime Minister Jawaharlal Nehru, Sardar Patel
and Dr. Pattabhi Sitaramayya was set up to examine the findings
of the Dar Committee. As a result of the death of Sriramulu,
the situation in Andhra became very tense and the Government of
India appointed Mr. Justice Wanchoo (as he then was) to report
on the matter. It was under these circumstances that the first lin-
guistic State was set up in Andhra. This gave an impetus to the
supporters of the idea of linguistic States and ultimately Prime
Minister Nehru made a statement in Parliament on 22 December,
1953, to the effect that a Commission would be appointed to exa-
mine “objectively and dispassionately” the question of the reorgan-
isation of the States of the Indian Union "so that the welfare of the
people of each constituent unit as well as the nation as a whole is
promoted. ” The Commission was appointed under a resolution of
the Government of India in the Ministry of Home Affairs. Mr.
Fazl Ali was appointed the Chairman of the Commission and its
two other members were Pandit Hridayanath Kunzru and Sardar
K. M. Panikkar.
## p. 938 (#982) ############################################
938
THE INDIAN STATES SINCE 1919
Para 7 of the resolution mentioned above runs thus: “The Com-
mission will investigate the conditions of the problem, the historical
background, the existing situation and the bearing of all important
and relevant factors thereon. They will be free to consider any
proposal relating to such reorganisation. The Government expects
that the Commission would, in the first instance, not go into the
details, but make recommendations in regard to the broad princi-
ples which should govern the solution of this problem. The langu-
age and culture of an area have an undoubted importance as they
represent a pattern of living which is common in that area. In
considering a reorganisation of States, however, there are other im-
portant factors which have also to be borne in mind. The first
essential consideration is the preservation and strengthening of the
unity and security of India. Financial, economic and administra-
tive considerations are almost equally important, not only from
the point of view of each State, but for the whole nation. India is
embarked upon a great ordered plan for the economic, cultural
and moral progress. Changes which interfere with the successful
prosecution of such a national plan would be harmful to the
national interest. "
The Commission submitted its report to the Government of India
on 30 September, 1955 and it was released to the public on 10
October, 1955. According to the recommendations of the Com-
mission, the Indian Union was to consist of 16 States as against the
existing 27 and
27 and three Centrally-administered territories. The
States that were to disappear were those of Travancore-Cochin,
Mysore, Coorg, Saurashtra, Kutch, Madhya Bharat, Bhopal,
Vindhya Pradesh, PEPSU, Himachal Pradesh, Ajmer and Tripura.
In certain cases, the whole of the State and in certain others only a
part was to be merged in a neighbouring State or States. PEPSU
and Himachal Pradesh were to form part of the Punjab. All the
Part 'C' States were to be abolished. The distinction between Part
‘A’ and Part 'B' States was to be done away with.
The Commission recommended the abolition of the institution
of Rajpramukhs. Special safeguards were recommended for lin-
guistic minorities. The minorities were given the right to have
instruction in their mother-tongue at the primary school stage. In
the interests of national unity and good administration, the Com-
mission recommended the reconstitution of certain All-India Servi-
ces, viz. , the Indian Medical and Health Services. With the same
object in view, the Commission recommended that as a general
rule, 50% of the new entrants in the All-India Services should be
from outside the State concerned and regular transfers to and from
the Centre and the States should be arranged. At least one-third
## p. 939 (#983) ############################################
THE STATES REORGANISATION ACT
939
of the number of judges in a High Court should consist of persons
recruited from outside that State so that the administration might
inspire confidence and help in arresting parochial trends. The
Commission put emphasis on the need for encouraging the study of
Indian languages other than Hindi. It also recommended that for
some time to come, English should continue to occupy an important
place in universities and institutions of higher learning, even after
the adoption of Hindi and the regional languages for official and
educational purposes.
According to the Commission, the linguistic complexion and the
communicational needs of the Punjab did not justify the creation
of a Punjabi-speaking State. The creation of such a State was
likely to disrupt the economic life of the area. There was no case
for a Punjabi-speaking State because it lacked the general support
of the people inhabiting the area, and because it was not to elimi-
nate any of the causes of friction from which the demand for a
separate Punjabi-speaking State had arisen. The Punjabi Suba
was to solve neither the language nor the communal problem. On
the other hand, it might further exacerbate the existing feelings.
PEPSU and Himachal Pradesh were too small to continue by
themselves. Having regard to the economic and administrative
links between PEPSU and the Himachal Pradesh on the one hand
and the present Punjab State on the other, the merger of these two
States in the Punjab was justified.
During its inquiry, the Commission received 152,250 memo-
randa, petitions and communications, travelled 38,000 miles and
interviewed over 9,000 persons in an effort to get a complete cross-
section of public opinion. The report of the Commission com-
prises 267 printed pages, including two minutes of dissent by Sir
Fazl Ali and Sardar K. M. Panikkar. The first opposed the mer-
ger of Himachal Pradesh in the new Punjab and the second object-
ed to the retention of U. P. in undivided form.
There was a lot of agitation against the recommendations of the
Commission. The interested parties tried to create a sort of chaos
in the country. The Maharashtrians raised a lot of hue and cry
over the city of Bombay. The Congress High Command declared
that it was willing to make alterations in the recommendations of
the Commission if all the interested parties agreed upon any alter-
native. Prolonged negotiations were held and many changes were
made in the recommendations of the Commission but the problem
of Bombay City gave headache to all. Even when the States Re-
organisation Bill was sent to Parliament, the Maharashtrians were
absolutely dissatisfied. However, when the Bill was being discuss-
ed in Lok Sabha, better sense prevailed and it was decided to create
## p. 940 (#984) ############################################
940
THE INDIAN STATES SINCE 1919
the bi-lingual State of Bombay containing all the territories of
Maharashtra and Saurashtra with Bombay as capital. The Bill
was passed by the Lok Sabha and Rajya Sabha and received the
assent of President on 31 August, 1956.
THE STATES REORGANISATION ACT, 1956
The States Reorganisation Act provided for the creation of the
new State of Andhra Pradesh by adding certain territories to the
existing State of Andhra. Most of the territories were to be taken
from the State of Hyderabad. Certain territories were added
to the State of Madras. Provision was made for the creation
of the new State of Kerala comprising the territories of the existing
State of Travancore-Cochin. A new part 'C' State known as Lac-
cadive, Minicoy and Amindivi Islands was created. To the exist-
ing State of Mysore, certain territories taken from Hyderabad,
Madras, Bombay and Coorg were added. A new State of Bombay
consisting of certain territories taken from the State of Hyderabad
and Madhya Pradesh and the territories of the existing States of
Bombay, Saurashtra and Kutch was to be created. A new State
of Madhya Pradesh comprising the territories of the existing State
of Madhya Pradesh, Vindhya Pradesh, Bhopal and certain territo-
ries taken from Rajasthan was to be created. Ajmer was added to
the State of Rajasthan. Patiala and East Punjab States Union
was added to the State of Punjab. The first Schedule to the
Constitution of India was amended. There were to be 13 Part
‘A’ States of Andhra Pradesh, Assam, Bihar, Bombay, Kerala,
Madhya Pradesh, Madras, Mysore, Orissa, Punjab, Rajasthan,
Uttar Pradesh and West Bengal, one Part 'B' State and five Union
Territories of Delhi, Himachal Pradesh, Manipur, Tripura, and the
Laccadive, Minicoy and Amindivi Islands.
India was to be divided into five zones. Each zone was to have
a Zonal Council. The Northern Zone was to consist of the States
of Punjab, Rajasthan, Delhi, Himachal Pradesh etc. The Central
Zone was to consist of the States of Uttar Pradesh and Madhya
Pradesh. The Eastern Zone was to consist of Bihar, West Bengal,
Orissa, Assam, Manipur and Tripura. The Western Zone was to
consist of the States of Bombay and Mysore. The Southern Zone
was to consist of Andhra Pradesh, Madras and Kerala. Each
Zonal Council was to consist of a Union Minister to be nominated
by the President, Chief Minister of each of the States included in
the zone and two other Ministers of each State. The Union Minis-
ter was to be the Chairman. The Chief Ministers of the States
included in each zone were to act as Vice-Chairmen of the Zonal
## p. 941 (#985) ############################################
THE STATES REORGANISATION ACT
941
Councils by rotation, each holding office for a period of one year
at a time. Each Zonal Council was to have certain advisers to
help her in the performance of its duties. It was to meet at such
time as the Chairman of the Council fixed. It was to meet in the
States included in the Zone by rotation. All questions were to be
decided by a majority vote. However, the Chairman was to have
a casting vote in case of a tie. The proceedings of every meeting of
the Zonal Council were to be forwarded to the Central Govern-
ment and also to each State Government concerned. Each Zonal
Council was to have a Secretariat staff consisting of a Secretary and
such other officers as the Chairman may consider necessary. The
Chief Secretaries of the States represented in each Council were to
be the Secretary of the Council by rotation. They were to hold
office for a period of one year at a time. The office of the Zonal
Council was to be located at such a place within the zone as may
be determined by the Council. The Central Government was to
bear all the expenses of the office. The Zonal Council was to act
as an Advisory Body and was to discuss those matters in which some
or all the States represented in the Council had a common interest.
The Council was to advise the Central Government and the govern-
ment of each State concerned regarding the action to be taken on
any such matter. It was to discuss and make recommendations
with regard to any matter of common interest in the field of econo-
mic and social planning, any matter concerning border disputes,
linguistic minorities or inter-state transport and any matter con-
nected with or arising out of the reorganisation of the States.
Provision was made for joint meeting of the Zonal Councils.
Changes were made in the number of seats allotted to each state in
the Council of States.
The Central Government was to set up a Delimitation commis-
sion consisting of three members. The Chief Election Commis-
sioner was to be its ex-offico member and the other two members
were to be appointed by the Central Government. The Chairman
of the Commission was to be appointed by the Central Government
from the members. The commission was to determine on the basis
of population figures the number of seats to be reserved for the
Scheduled Castes and Scheduled Tribes of each of the States of
Andhra Pradesh, Bombay, Kerala, Madhya Pradesh, Madras, ,
Mysore, Punjab and Rajasthan in the House of the People and
the Legislative Assemblies of the States. It was to determine the
Parliamentary and Assembly constituencies into which each new
State was to be divided, extent of and the number of seats to be
allotted to each constituency and number of seats to be reserved
for the Scheduled Castes and Scheduled Tribes of the State in each
## p. 942 (#986) ############################################
942
THE INDIAN STATES SINCE 1919
constituency. Provision was made for the creation for each of the
new States a State Cadre of the Indian Administrative Service and
a State Cadre of the Indian Police Service. The initial strength
and composition of each of the Cadres was to be fixed by the Cen-
tral Government.
The Government of Part 'C' States Act, 1951 was repealed with
effect from 1st November, 1956. The Third Schedule to the States
Reorganization Act, 1956 gave details regarding the number of
seats allotted to each State in the House of the People and the Legis-
lative Assembly.
With effect from January 20, 1957, the State of Jammu and
Kashmir was declared to be an integral part of India. The Consti-
tuent Assembly dissolved itself after framing a new Constitution for
the State.
After the establishment of the composite State of Bombay under
the States Reorganisation Act, 1956, there was a lot of agitation for
the separation of Maharashtra from Gujarat. For a long time the
Government of India resisted the demand. That led to riots on a
large scale and ultimately the Government of India was forced to
enact the Bombay Reorganisation Act, 1960. It received the assent
of the President on April 25, 1960. It provided for the creation of
two separate States of Maharashtra and Gujarat. The capital of
Maharashtra was to be Bombay and that of Gujarat was to be at
some other place. While Maharashtra was to have Bombay High
Court, Gujarat was to have its separate High Court at some other
place. Separate representation was given to Maharashtra and
Gujarat in Lok Sabha and Rajya Sabha. Gujarat was to send 22
and Maharashtra 44 members to Lok Sabha. They were also to
send 11 and 19 members to Rajya Sabha respectively. The Legis-
lative Assembly of Gujarat was to consist of 132 and that of Maha-
rashtra 264 members. There was to be no Legislative Council for
Gujarat, but the Legislative Council of Maharashtra was to consist
of 78 members. Provision was also made for the division of the
assets of the former State of Bombay between Maharashtra and
Gujarat.
In July 1960, the Government of India decided to set up the
new State of Nagaland with Kohima as its capital. This was done
to satisfy the discontented elements in that region. An Act was
passed in 1962 to implement that decision.
There was some trouble in Punjab. There was an agitation for
the creation of a Punjabi Suba. When it assumed alarming pro-
portions, the Government of India appointed a Boundary Commis-
sion which was presided over by Mr. Justice Shah of the Supreme
Court of India. The direction given to the Commission was: “The
## p. 943 (#987) ############################################
THE PUNJAB REORGANISATION ACT
943
Commission shall examine the existing boundary of the Hindi and
Punjabi Regions of the present State of Punjab and recommend
what adjustments, if any, are necessary in that boundary to secure
the linguistic homogeneity of the proposed Punjab and Haryana
States. The Commission shall also indicate the boundaries of the
hill areas of the present State of Punjab which are contiguous to
Himachal Pradesh and have linguistic and cultural affinity with
that territory. The Commission shall apply the linguistic principle
with due regard to the census figures of 1961 and other relevant
considerations. The Commission may also take into account such
other factors as administrative convenience and economic well-
being, geographic contiguity and facility of communication and will
ordinarily ensure that the adjustments that they may recommend
do not involve breaking up of existing tehsils. ”
The Commission submitted its report in May 1966. Some areas
which formerly belonged to Punjab were given to Himachal Pra-
desh and the rest of the Punjab was divided into the States of Pun-
jab and Haryana. The majority of the members of the Commis-
sion recommended that Chandigarh be given to Haryana. The
Report was not accepted in full by the Government of India. The
Punjab Reorganisation Act, 1966, was passed by the Indian Parlia-
ment and it received the assent of the President on September 18,
1966. It was provided that a new State known as Haryana shall
be set up and it was to have Hissar, Rohtak, Gurgaon, Karnal and
Mahendragarh districts, Narwana and Jind Tehsils of Sangrur dis-
trict, Ambala, Jagadhari and Naraingarh district, Pinjore
Kanungo circle of Kharar tehsil of Ambala District and the terri-
tories in Manimajra Kanungo circle of Kharar tehsil of Ambala
District specified in the First Schedule. Provision was made for
the establishment of the Union Territory of Chandigarh. It was
also provided that to the Union Territory of Himachal Pradesh,
Simla, Kangra, Kulu and Lahaul and Spiti Districts, Nalagarh
Tehsil of Ambala district, Lohara, Amb, and Una Kanungo circles
of Una Tehsil of Hoshiarpur District, the territories in Santokhgarh
Kanungo circle of Una Tehsil of Hoshiarpur District etc. would be
added. The rest of the territory of the Punjab was to belong to
Punjab. Provision was made for the allocation of seats in the
Council of States, House of the People, and Legislative Assemblies.
There was to be a common High Court for the State of Punjab
and Haryana and the Union Territory of Chandigarh. Provision
was also made for the distribution of assets etc. among the States.
The Punjab Reorganisation Act, 1966 did not satisfy the aspira-
tions of the Sikhs and they were particularly sore about Chandi-
garh. No wonder, the Sikhs started agitation once again and Sant
## p. 944 (#988) ############################################
944
THE INDIAN STATES SINCE 1919
Fateh Singh went on fast unto death and fixed a date for burning
himself alive unless Chandigarh was given to Punjab. There were
negotiations at the eleventh hour and ultimately it was agreed to
refer the disputes between the States of Punjab and Haryana to the
arbitration of Mrs. Indira Gandhi, Prime Minister of India. How-
ever, nothing has come out of it on account of the attitude adopted
by the Government of Haryana and also the almost certainty that
Mrs. Indira Gandhi would give the award in favour of the Sikhs.
The result is that the trouble is still continuing.
BORDER DISPUTES BETWEEN MAHARASHTRA AND MYSORE
It was in the year 1957 that the Government of Bombay submit-
ted a memorandum to the Ministry of Home Affairs suggesting the
re-adjustment of border areas between Bombay and Mysore States.
It was stated in that memorandum that while the States Reorgan-
isation Act had settled the main framework of the reorganisation
of states on a linguistic basis, a large number of marginal territorial
adjustments had still to be made. The Government of Mysore re-
acted adversely to the claim made by the Government of Bombay.
The Government of Bombay requested that its proposal be placed
before the Zonal Council at an early date. The Zonal Council
was unable to decide the matter before the two States of Maha-
rashtra and Gujarat were formed, and a new Western Zone came
into existence and the Mysore State was taken out of the Western
Zone and included in the Southern Zone. On the suggestion of the
Home Minister of India, it was agreed to refer the boundary dis-
pute to a Four-Man Committee. Each State nominated two repre-
sentatives. Nothing came out of this Four-Man Committee in spite
of the waste of two years.
Agitation started once again and continued for about 4 years. The
Chief Ministers of the two States met from time to time but they
failed to come to any compromise. A high-power delegation of
Congressmen from Maharashtra and Bombay met the Prime Min-
ister, the Congress President and the Home Minister and urged
upon them the necessity of appointing a Commission at once. They
made it clear that if that was not done at once, there was the pos-
sibility of the Congress losing heavily in the forthcoming general
elections. A delegation arrived from Kasaragod with a mass peti-
tion demanding that the Working Committee should decide in favour
of the merger of Kasaragod in the Mysore State. It was under
these circumstances that Dr. Mehr Chand Mahajan, former Chief
Justice of India, was appointed on October 25, 1966 as One-Man
Commission to resolve the boundary disputes between the States
## p. 945 (#989) ############################################
THE MAHAJAN REPORT
945
of Maharashtra, Mysore and Kerala. The Commission had to
do a lot of touring and ultimately it submitted its Report on August
25, 1967 and the same was released to the public on November 4,
1967. In his Report, Dr. Mehr Chand Mahajan recommended
the transfer of certain villages from Mysore to Maharashtra and
vice versa.
He also recommended the incorporation of Kasaragod
in the State of Mysore. Dr. Mahajan favoured neither one party
nor the other. He accepted neither all the claims of Maharashtra
nor those of Mysore. He applied his judicial mind to the facts of
the case and made his recommendations in the light of what he
considered to be in the best interests not only of the people of
Maharashtra, Mysore and Kerala but also of India as a whole.
He condemned all those who stood for linguistic States as an end.
He rightly pointed out that the principle of linguistic States had
been accepted not to create inter-state barriers and tensions but to
promote the welfare of the people of India as a whole. No unilin-
gual State existed for the speakers of a particular language. While
the recommendations of the Mahajan Commission were accepted
by Mysore, those were rejected by Maharashtra. The result is that
the border dispute is continuing. It has already resulted in a lot
of bloodshed.
## p.
946 (#990) ############################################
CHAPTER XXXVIII
POLITICAL DEVELOPMENTS SINCE 1919
LORD CHELMSFORD was the Governor-General and Viceroy
of India in 1919 when the Government of India Act, 1919 was
passed by the British Parliament and he continued to occupy that
exalted position up to 1921. It was during his Viceroyalty that
the Jallianwala Bagh tragedy took place at Amritsar. Mahatma
Gandhi also started his Non-Cooperation movement during his
regime although the same continued even during the time of his
successor.
The Muslims of India started the Khilafat movement
to protest against the treatment meted out to Turkey by the Allied
Powers. The movement stood for the maintenance of the integrity
of the Turkish Empire. The Muslims also demanded the establish-
ment of a Muslim State of Palestine.
LORD READING (1921-26)
Lord Chelmsford was succeeded by Lord Reading in 1921 and
he continued to occupy that position up to 1926. Lord Reading
was born in a poor family but he rose to the high position of Lord
Chief Justice of England by dint of hard work. During his Vice-
royalty, there was a lot of opposition to the Government. Both the
Indian National Congress and the Muslim League were dissatisfied
with the Montagu-Chelmsford Reforms and as a matter of fact, the
general elections were boycotted by the Congress. Mahatma
Gandhi joined hands with the Khilafat leaders and carried on agi-
tation against the Government. There was the triple boycott of
Pritish Courts, Government Schools and the Reformed Councils.
Mahatma Gandhi was able to collect a crore of rupees for the Non-
co-operation movement. He also started a campaign in favour of
prohibition. The liquor shops were picketed by the volunteers and
the Government suffered losses in the form of revenue from liquor
licences. The Mahatma also started a campaign to remove un-
touchability from society. He also introduced the Charkha or the
hand-spinning wheel to raise the standard of life of the people and
also to harm the cloth industry of England.
When the Prince of Wales landed in Bombay in 1921, there was
complete hartal in the city. Riots also broke out and lasted for
three days. Considerable damage was done to property. 53 per-
sons were killed and about 440 were wounded.
## p. 947 (#991) ############################################
LORD READING
947
There were disturbances in Assam, Bihar, Calcutta, Chittagong,
Karachi, Madras and Dharwar. The Moplahs fell upon the
Hindus in Malabar and thousands of them were either butchered
or forcibly converted to Islam. There was a wave of indignation
among the Hindus against the Moplah rising and the failure of the
Government to protect them.
At Chauri Chaura, 21 policemen and rural watchmen were kill-
ed by an infuriated mob. This was too much for Mahatma Gandhi
who believed in a policy of non-violence. The result was that
Mahatma Gandhi withdrew the Non-co-operation Movement.
After that, he himself was arrested, tried and put in jail.
It was during the regime of Lord Reading that the Swarajist
Party was formed in 1923 under the leadership of C. R. Das in
Bengal, Pt. Motilal Nehru in Upper India and N. C. Kelkar in the
Deccan. This party stood for entry into the Legislatures. In spite
of opposition from Mahatma Gandhi, it had its way. The Swaraj-
ist Party in the Central Assembly gave a lot of trouble to the
Government.
As a result of the Non-Co-operation Movement and the wide-
spread defiance of law, criminal outrages took place in some parts
of the country, particularly in Bengal. In order to meet the situa-
tion, the Bengal Criminal Law Amendment Ordinance, 1924, was
issued. It provided for the arrest without a warrant of persons
suspected of belonging to criminal organisations. Special Judges
were appointed to deal with them and they were given the power
to try them secretly and punish them. With the help of this Ordi-
nance, a large number of persons were tried and imprisoned. There
was a lot of indignation in the country on account of the summary
procedure adopted in those trials.
On many occasions, the Viceroy was forced to use his power of
certification to sanction laws which were not passed by the Cen-
tral Legislature. In 1922, he certified the Princes' Protection Bill
to prevent the publication of writings which were likely to excite
feelings against the Indian Princes. To balance the 1923-24
Budget, the Viceroy increased the Salt duty by certification.
In 1923, allegations were made against the Maharaja of Nabha
by his own officials and the subjects of the Maharaja of Patiala.
However, before the matter could be investigated, the Maharaja of
Nabha abdicated and the administration of the State was taken over
by the Government.
One Mumtaz Begam, a singing girl, was under the patronage
of the Maharaja of Indore. She left the State with the assistance
of a Muslim Barrister of Bombay named Bawla. An attempt was
made to abduct Mumtaz Begam and Bawla was murdered. Lord
## p. 948 (#992) ############################################
948
POLITICAL DEVELOPMENTS SINCE 1919
Reading appointed a commission of enquiry to investigate into the
attempted abduction and murder. The Maharaja of Indore was
implicated in the matter and he eventually abdicated.
In 1925, the Nizam of Hyderabad claimed the Province of Berar.
He also asserted that he stood on the same footing as the British
Government in India. The claim of the Nizam was disallowed and
the Viceroy told him bluntly: “The sovereignty of the British Crown
is supreme in India and therefore no ruler of an Indian State can
justifiably claim to negotiate with the British Government on an
equal footing. Its supremacy is based not only on treaties and
engagements but exists independently of them and quite apart
from its prerogative in matters relating to foreign powers and poli-
cies. It is the right and duty of the British Government, while
scrupulously respecting all treaties and engagements with the Indian
States, to preserve peace and good order. I remind your Exalted
Highness that the ruler of Hyderabad along with other rulers re-
ceived in 1862 a Sanad declaratory of British Government's desire
for perpetuation of his House and Government subject to the conti-
nued loyalty to the Crown; and no succession to the Masnad of
Hyderabad is valid unless it is recognised by His Majesty the King-
Emperor; and that the British Government is the only arbitrator
in a disputed succession. . . . . . . . The varying degrees of internal
sovereignty which the rulers enjoy are all subject to the due exer-
cise by the Paramount Power of this responsibility. ”
It was during his Viceroyalty that the Muddiman Committee was
set up to report on the working of the Government of India Act,
1919 and its Report was also published during his regime.
The Union Parliament of South Africa proposed to pass an Anti-
Asiatic Bill providing for the reservation of certain areas in which
the Asiatics were not to be allowed to acquire land. The Govern-
ment of India took up the matter on behalf of the Indians in South
Africa and succeeded in getting the legislation postponed till a
Round Table Conference of Indian and South African delegates
met to discuss the matter.
There was the Akali agitation in the Punjab during the Viceroy-
alty of Lord Reading. The Akalis demanded that they must have
the management of the Sikh Gurdwaras or holy places under their
control. The Mahants who were in control of Gurdwaras and
were gaining a lot from them, opposed the move. That led to agita-
tion by the Akalis. The Mahant of Nankana Sahib collected a
Pathan guard and some 130 Akalis were killed in a treacherous
affray on 5 March, 1921. Conflicts took place between the Akalis
and the Police, the most important being at Guru Ka Bagh. The
Akalis adopted the policy of passive resistance. They were tortur-
## p. 949 (#993) ############################################
THE SIKH GURDWARAS ACT
949
ed by the Police. All kinds of indignities were inflicted on them.
However, the Akalis continued to send Jathas after Jathas in spite
of a policy of repression followed by the Government and ultimate-
ly they succeeded in their objective.
In 1925 was passed the Sikh Gurdwaras Act which provided
for the better administration of the Sikh Gurdwaras and for
enquiries into matters connected with them. The Act extend-
ed to the whole of the Punjab. It empowered the Provincial Gov-
ernment to declare by means of a notification that a particular
Gurdwara was a Sikh Gurdwara. It is true that objections could
be raised against the Notification but ultimately the matter was
decided by a Sikh Gurdwara Tribunal which consisted of a Presi-
dent and two other members appointed by the Provincial Govern-
ment. In most cases, the Tribunal gave its decision in favour of
the Akalis and the result was that most of the Gurdwaras came
under their control. These Gurdwaras had a lot of landed pro-
perty attached to them and a regular income of crores of rupees
every year.
Provision was also made for the appointment of a
Central Board to control the Sikh Gurdwaras in the Province.
There were to be separate Sikh Gurdwara Committees for the
management of the individual Gurdwaras. The final authority
for the management of the Sikh Gurdwaras vested in the Central
Board whose members were to be elected by the Sikhs in a pres-
cribed manner. Provision was also made for the appointment of
a Judicial Commission consisting of three Sikh Members to be
appointed by the Provincial Government. Detailed provisions
were made regarding the powers and duties of the Sikh Gurdwara
Committees. On the whole, it was a useful measure and it en-
abled the Akalis to reform the Gurdwaras and indirectly to add to
their own strength in the political field.
Under the Government of India Act, 1919, 47 subjects were de-
clared to be Central subjects and 52 subjects were included in the
Provincial List. The distribution of the subjects involved a deficit
for the Central Government and consequently a Committee known
as the Provincial Relations Committee was set up with Lord Meston
as its President to make recommendations as to how the deficit
could be met. The Committee recommended that the provinces
should make contributions to the Government of India so that the
budget could be balanced. It was estimated that the defiçit was
to be about Rs. 10 crores and the provinces were required to pay
according to their capacity. A schedule gave the permanent and
standard ratio at which each province was to be taxed in order to
wipe out the Central deficit. The contributions made by the
various provinces to the Central Government in 1921-22 were
## p. 950 (#994) ############################################
950
POLITICAL DEVELOPMENTS SINCE 1919
Madras Rs. 348 lacs, Bombay Rs. 56 lacs, Bengal Rs. 63 lacs,
Punjab Rs. 175 lacs, United Provinces Rs. 240 lacs, Assam Rs. 15
lacs, Burma Rs. 64 lacs and C. P. and Berar Rs. 22 lacs.
When the British Government promised the establishment of
responsible Government in India, the members of the public ser-
vices were upset. Formerly, they used to rule the country and
now they got worried about their position in the future. They
demanded certain safeguards. It was suggested that the members
of the All India Services, with a few exceptions, might be allowed
to retire before they completed the service ordinarily required for
earning pension and they should be given a pension proportionate
to their actual service. About 345 All India service officers retired
by 1924. The Government of India was faced with the problem
that an adequate number of Englishmen and Europeans was not
forthcoming for the All India Services and a Royal Commission on
Superior Civil Services in India was appointed in 1923. It came
to be known as the Lee Commission as Lord Lee was its Chairman.
The Commission made many recommendations. As regards the
Indian Civil Service, the Indian Police Service, the Indian Forest
Service and the Irrigation Branch of the Service of Engineers on
which public security mainly depended, the Secretary of State was
allowed to continue to recruit. His control, with certain safe-
guards, was to be maintained. As regards the Indian Education
Service, the Indian Veterinary Service and the Indian Medical
Service (Civil) which operated mostly in the Transferred field, it
was recommended that the control of the ministers was to be made
effective by closing the recruitment on an All India basis. The offi-
cers already in those services were to be allowed to retain their All-
India status and privileges. However, the new recruits to those servi-
ces were to be appointed in future by the Provincial Governments
and they were to form a part of the Provincial Services. It was made
clear that the change was not to apply to the Indian Medical Service.
Each province was required to employ in its Medical Department a
certain number of officers lent from the Medical Department of
the Army in India. The Commission recommended an increased rate
of Indianisation. For the Indian Civil Service, 10% of the superior
posts were to be filled by the appointment of the provincial service
officers to "listed” posts. Direct recruitment in future was to be
on the basis of equal numbers between Europeans and Indians. It
was estimated that within 15 years, half the recruits to the Indian
Civil Service would be Indians and half Europeans. As regards the
Indian Police Service, recruitment was to be in the proportion of five
Europeans and three Indians, allowing their promotion from provin-
cial services to fill up 20% of the vacancies. It was estimated that
## p. 951 (#995) ############################################
THE LEE COMMISSION
951
by 1949 the personnel of the Police Service would be half Euro-
peans and half Indians. As regards the Indian Forest Service, the
recruitment was to be in the ratio of 75% Indians and 25% Euro-
peans. As regards the Irrigation Branch of the Indian Service of
Engineers, there was to be direct recruitment of Indians and Euro-
peans in equal numbers. As regards the Central Services, the
Commission recommended that in the Political Department 25%
of the total officers to be recruited annually should be Indians.
In the Imperial Customs, not less than half the new entrants should
be the natives of India. In the Superior Telegraph and Wireless
Branch, 25% of the persons should be recruited in England and
the rest in India. As regards State railways, recruitment in India
was to be increased as soon as possible to 75%. 25% new entrants
were to be recruited in England. The Commission also recom-
mended an increase in the emoluments and privileges of the mem-
brs of the civil service. The European members of the services
were to be allowed to remit their overseas pay at the rate of 2s. for
a rupee or to draw the same in London in sterling at that rate,
although the actual rate of exchange was ls. 5d. The European
members of the Superior Civil Services and their wives were to
receive four return passages and one single passage for each child
during service. If any European member of a Civil Service died
while serving in India, his family was to be repatriated at the ex-
pense of the Government of India. The pensions of the civil
servants were considerably increased. Medical attendance by
European officers was to be made available to them. Family pen-
sion funds were to be introduced. All future British recruits to the
All India Services were given the option to retire on proportionate
pension in case they decided not to serve in India. The Commis-
sion also recommended that the Public Service Commission should
be set up immediately.
The Lee Commission had been appointed in 1923 by Lord Peel
who belonged to the Conservative Party. However, the Report of
the Commission appeared when the Labour Party headed by
Ramsay MacDonald was in office. The Report was fiercely
attacked in India as a reactionary document out of tune with the
new era ushered in by the Labour Government. The opposition
was due to racial antagonism and the desire to press home a politi-
cal advantage. It was also due to the fact that many unnecessary
financial concessions were offered to the Services.
The Factory Act of 1911 had limited the working hours of child-
ren and women to 7 and 11 respectively and provided for a com-
pulsory recess for half an hour in the midday in all factories. The
old limits of 9 to 14 for the age of children had been retained but
## p. 952 (#996) ############################################
952
POLITICAL DEVELOPMENTS SINCE 1919
arrangements made to get their age properly certified. Particular-
ly in the case of textile industries, the working hours of children
were limited to 6 and of adult males to 12. Many new provisions
were introduced about the health and safety of the industrial
workers. However, unrest in the labour world after 1919 made it
necessary that changes should also be made in the conditions of
labour in India. The Draft Conventions and the Draft Recom-
mendations of the International Labour Conference held at
Washington in 1921 were introduced into the Central Legislature
and passed in 1922. The new act widened the definition of fac-
tory. It abolished the old distinction between textile and non-
textile factory. It raised the minimum age for children for em-
ployment from 9 to 12 and the maximum age from 14 to 15 provided
the children were not employed for more than 6 hours a day with
fixed compulsory rest intervals. The Act restricted the work of all
adults to 11 hours a day and 60 hours a week, with a rest interval
of 1 hour after six hours work and a regular weekly holiday. Pro-
vision was also made for payment for over-time work. The Act
applied only to factories and not to all industrial workers. Cer-
tain changes were made in the Act in 1923 and 1926 to ensure
better working. In 1923 was passed the Workmen Compensation
Act. It provided for compensation for certain kinds of injuries, or
death of industrial workers of various classes. In 1923 was passed
the Boilers Act and in 1925 the Cotton Ginning and Pressing
Factories Act.
The Central Advisory Board of Education created first in 1920
under the Chairmanship of the Educational Commissioner of the
Government of India, was abolished in 1923 as a measure of econo-
my on the recommendation of the Indian Retrenchment Committee
presided over by Lord Inchcape. It was revived after 12 years.
According to the recommendation of the Universities Conference
held at Simla on the initiative of the Government of India in May
1924, an Inter-University Board for India was set up in 1925 and
the same has been doing very useful work since then.
The Bureau of Education in India was abolished in 1923 as a
measure of economy. It was revived after 14 years. It was pri-
marily concerned with the collection and dissemination of litera-
ture relating to educational problems in the various Provinces.
LORD IRWIN (1926-31)
Lord Irwin succeeded Lord Reading in 1926. He was a man
of remarkable character and he left a very favourable impression
on the minds of the Indians. He is said to have been a keen prac-
## p. 953 (#997) ############################################
LORD IRWIN
953
tising Christian. In spite of the surrounding circumstances, he
maintained his peculiar political austerity. He tried his best to
raise the status of the Indians. Formerly, the Constitution of
India was made for the Indians by the British Parliament without
any participation of the Indians. It was during his regime that
the first Round Table Conference was held in London in 1930 to
discuss the nature of the Constitution which India was to have and
very many distinguished Indians were invited to participate in its
deliberations. This was a big departure from the previous prac-
tice but was in keeping with the spirit of a confidential Despatch
submitted by the Viceroy and his Council to London in 1930. The
recommendation made by the Viceroy was that in the future
Constitution, India should have the status of a partner rather than
a subordinate as had been the case before.
When Lord Irwin came to India, there were Hindu-Muslim riots
all over the country. The immediate causes were minor incidents
such as the playing of music before mosques, slaughter of cows,
pelting of stones by mischievous boys or anti-social elements in
society but the consequences were very serious. During those riots,
houses and shops were looted and burnt. People were murdered.
There were pitched battles in the streets of the cities between gangs
armed with sticks and stones. There was not only loss of life and
property but trade and commerce also suffered. It was estimated
that between 250 and 300 persons were killed and more than 2,500
injured during the riots. The Hindu-Muslim Conference was held
at Simla to create a better atmosphere but it was without any result.
- The efforts of the All India National Conference to find a solution
to the problem also failed and communal riots continued to occur
from time to time.
It was during his regime that the Simon Commission was
appointed in 1927.
were created, full-fledged responsible government was established
in them. It is true that the people living within the Centrally-
administered areas were not given full control over their administra-
tion, but the people of other Indian States were given responsible
government. Legislatures were set up in the States and the Minis-
tries were made responsible to them. The Rajpramukhs were made
constitutional heads.
THE STATES REORGANISATION COMMISSION
For a long time, there was a demand for the reorganisation of
the provinces of India on linguistic lines. It was contended that
the existing provinces were not created by the British Government
on any scientific principle. Those were set up from time to time
on grounds of expediency. In 1948, the Linguistic Provinces Com-
mittee known as the Dar Committee was set up to go into the mat-
ter. The Committee reported against the proposition. Its view
was that nationalism and sub-nationalism were two emotional
experiences which grew at the expense of each other. A Commit-
tee consisting of Prime Minister Jawaharlal Nehru, Sardar Patel
and Dr. Pattabhi Sitaramayya was set up to examine the findings
of the Dar Committee. As a result of the death of Sriramulu,
the situation in Andhra became very tense and the Government of
India appointed Mr. Justice Wanchoo (as he then was) to report
on the matter. It was under these circumstances that the first lin-
guistic State was set up in Andhra. This gave an impetus to the
supporters of the idea of linguistic States and ultimately Prime
Minister Nehru made a statement in Parliament on 22 December,
1953, to the effect that a Commission would be appointed to exa-
mine “objectively and dispassionately” the question of the reorgan-
isation of the States of the Indian Union "so that the welfare of the
people of each constituent unit as well as the nation as a whole is
promoted. ” The Commission was appointed under a resolution of
the Government of India in the Ministry of Home Affairs. Mr.
Fazl Ali was appointed the Chairman of the Commission and its
two other members were Pandit Hridayanath Kunzru and Sardar
K. M. Panikkar.
## p. 938 (#982) ############################################
938
THE INDIAN STATES SINCE 1919
Para 7 of the resolution mentioned above runs thus: “The Com-
mission will investigate the conditions of the problem, the historical
background, the existing situation and the bearing of all important
and relevant factors thereon. They will be free to consider any
proposal relating to such reorganisation. The Government expects
that the Commission would, in the first instance, not go into the
details, but make recommendations in regard to the broad princi-
ples which should govern the solution of this problem. The langu-
age and culture of an area have an undoubted importance as they
represent a pattern of living which is common in that area. In
considering a reorganisation of States, however, there are other im-
portant factors which have also to be borne in mind. The first
essential consideration is the preservation and strengthening of the
unity and security of India. Financial, economic and administra-
tive considerations are almost equally important, not only from
the point of view of each State, but for the whole nation. India is
embarked upon a great ordered plan for the economic, cultural
and moral progress. Changes which interfere with the successful
prosecution of such a national plan would be harmful to the
national interest. "
The Commission submitted its report to the Government of India
on 30 September, 1955 and it was released to the public on 10
October, 1955. According to the recommendations of the Com-
mission, the Indian Union was to consist of 16 States as against the
existing 27 and
27 and three Centrally-administered territories. The
States that were to disappear were those of Travancore-Cochin,
Mysore, Coorg, Saurashtra, Kutch, Madhya Bharat, Bhopal,
Vindhya Pradesh, PEPSU, Himachal Pradesh, Ajmer and Tripura.
In certain cases, the whole of the State and in certain others only a
part was to be merged in a neighbouring State or States. PEPSU
and Himachal Pradesh were to form part of the Punjab. All the
Part 'C' States were to be abolished. The distinction between Part
‘A’ and Part 'B' States was to be done away with.
The Commission recommended the abolition of the institution
of Rajpramukhs. Special safeguards were recommended for lin-
guistic minorities. The minorities were given the right to have
instruction in their mother-tongue at the primary school stage. In
the interests of national unity and good administration, the Com-
mission recommended the reconstitution of certain All-India Servi-
ces, viz. , the Indian Medical and Health Services. With the same
object in view, the Commission recommended that as a general
rule, 50% of the new entrants in the All-India Services should be
from outside the State concerned and regular transfers to and from
the Centre and the States should be arranged. At least one-third
## p. 939 (#983) ############################################
THE STATES REORGANISATION ACT
939
of the number of judges in a High Court should consist of persons
recruited from outside that State so that the administration might
inspire confidence and help in arresting parochial trends. The
Commission put emphasis on the need for encouraging the study of
Indian languages other than Hindi. It also recommended that for
some time to come, English should continue to occupy an important
place in universities and institutions of higher learning, even after
the adoption of Hindi and the regional languages for official and
educational purposes.
According to the Commission, the linguistic complexion and the
communicational needs of the Punjab did not justify the creation
of a Punjabi-speaking State. The creation of such a State was
likely to disrupt the economic life of the area. There was no case
for a Punjabi-speaking State because it lacked the general support
of the people inhabiting the area, and because it was not to elimi-
nate any of the causes of friction from which the demand for a
separate Punjabi-speaking State had arisen. The Punjabi Suba
was to solve neither the language nor the communal problem. On
the other hand, it might further exacerbate the existing feelings.
PEPSU and Himachal Pradesh were too small to continue by
themselves. Having regard to the economic and administrative
links between PEPSU and the Himachal Pradesh on the one hand
and the present Punjab State on the other, the merger of these two
States in the Punjab was justified.
During its inquiry, the Commission received 152,250 memo-
randa, petitions and communications, travelled 38,000 miles and
interviewed over 9,000 persons in an effort to get a complete cross-
section of public opinion. The report of the Commission com-
prises 267 printed pages, including two minutes of dissent by Sir
Fazl Ali and Sardar K. M. Panikkar. The first opposed the mer-
ger of Himachal Pradesh in the new Punjab and the second object-
ed to the retention of U. P. in undivided form.
There was a lot of agitation against the recommendations of the
Commission. The interested parties tried to create a sort of chaos
in the country. The Maharashtrians raised a lot of hue and cry
over the city of Bombay. The Congress High Command declared
that it was willing to make alterations in the recommendations of
the Commission if all the interested parties agreed upon any alter-
native. Prolonged negotiations were held and many changes were
made in the recommendations of the Commission but the problem
of Bombay City gave headache to all. Even when the States Re-
organisation Bill was sent to Parliament, the Maharashtrians were
absolutely dissatisfied. However, when the Bill was being discuss-
ed in Lok Sabha, better sense prevailed and it was decided to create
## p. 940 (#984) ############################################
940
THE INDIAN STATES SINCE 1919
the bi-lingual State of Bombay containing all the territories of
Maharashtra and Saurashtra with Bombay as capital. The Bill
was passed by the Lok Sabha and Rajya Sabha and received the
assent of President on 31 August, 1956.
THE STATES REORGANISATION ACT, 1956
The States Reorganisation Act provided for the creation of the
new State of Andhra Pradesh by adding certain territories to the
existing State of Andhra. Most of the territories were to be taken
from the State of Hyderabad. Certain territories were added
to the State of Madras. Provision was made for the creation
of the new State of Kerala comprising the territories of the existing
State of Travancore-Cochin. A new part 'C' State known as Lac-
cadive, Minicoy and Amindivi Islands was created. To the exist-
ing State of Mysore, certain territories taken from Hyderabad,
Madras, Bombay and Coorg were added. A new State of Bombay
consisting of certain territories taken from the State of Hyderabad
and Madhya Pradesh and the territories of the existing States of
Bombay, Saurashtra and Kutch was to be created. A new State
of Madhya Pradesh comprising the territories of the existing State
of Madhya Pradesh, Vindhya Pradesh, Bhopal and certain territo-
ries taken from Rajasthan was to be created. Ajmer was added to
the State of Rajasthan. Patiala and East Punjab States Union
was added to the State of Punjab. The first Schedule to the
Constitution of India was amended. There were to be 13 Part
‘A’ States of Andhra Pradesh, Assam, Bihar, Bombay, Kerala,
Madhya Pradesh, Madras, Mysore, Orissa, Punjab, Rajasthan,
Uttar Pradesh and West Bengal, one Part 'B' State and five Union
Territories of Delhi, Himachal Pradesh, Manipur, Tripura, and the
Laccadive, Minicoy and Amindivi Islands.
India was to be divided into five zones. Each zone was to have
a Zonal Council. The Northern Zone was to consist of the States
of Punjab, Rajasthan, Delhi, Himachal Pradesh etc. The Central
Zone was to consist of the States of Uttar Pradesh and Madhya
Pradesh. The Eastern Zone was to consist of Bihar, West Bengal,
Orissa, Assam, Manipur and Tripura. The Western Zone was to
consist of the States of Bombay and Mysore. The Southern Zone
was to consist of Andhra Pradesh, Madras and Kerala. Each
Zonal Council was to consist of a Union Minister to be nominated
by the President, Chief Minister of each of the States included in
the zone and two other Ministers of each State. The Union Minis-
ter was to be the Chairman. The Chief Ministers of the States
included in each zone were to act as Vice-Chairmen of the Zonal
## p. 941 (#985) ############################################
THE STATES REORGANISATION ACT
941
Councils by rotation, each holding office for a period of one year
at a time. Each Zonal Council was to have certain advisers to
help her in the performance of its duties. It was to meet at such
time as the Chairman of the Council fixed. It was to meet in the
States included in the Zone by rotation. All questions were to be
decided by a majority vote. However, the Chairman was to have
a casting vote in case of a tie. The proceedings of every meeting of
the Zonal Council were to be forwarded to the Central Govern-
ment and also to each State Government concerned. Each Zonal
Council was to have a Secretariat staff consisting of a Secretary and
such other officers as the Chairman may consider necessary. The
Chief Secretaries of the States represented in each Council were to
be the Secretary of the Council by rotation. They were to hold
office for a period of one year at a time. The office of the Zonal
Council was to be located at such a place within the zone as may
be determined by the Council. The Central Government was to
bear all the expenses of the office. The Zonal Council was to act
as an Advisory Body and was to discuss those matters in which some
or all the States represented in the Council had a common interest.
The Council was to advise the Central Government and the govern-
ment of each State concerned regarding the action to be taken on
any such matter. It was to discuss and make recommendations
with regard to any matter of common interest in the field of econo-
mic and social planning, any matter concerning border disputes,
linguistic minorities or inter-state transport and any matter con-
nected with or arising out of the reorganisation of the States.
Provision was made for joint meeting of the Zonal Councils.
Changes were made in the number of seats allotted to each state in
the Council of States.
The Central Government was to set up a Delimitation commis-
sion consisting of three members. The Chief Election Commis-
sioner was to be its ex-offico member and the other two members
were to be appointed by the Central Government. The Chairman
of the Commission was to be appointed by the Central Government
from the members. The commission was to determine on the basis
of population figures the number of seats to be reserved for the
Scheduled Castes and Scheduled Tribes of each of the States of
Andhra Pradesh, Bombay, Kerala, Madhya Pradesh, Madras, ,
Mysore, Punjab and Rajasthan in the House of the People and
the Legislative Assemblies of the States. It was to determine the
Parliamentary and Assembly constituencies into which each new
State was to be divided, extent of and the number of seats to be
allotted to each constituency and number of seats to be reserved
for the Scheduled Castes and Scheduled Tribes of the State in each
## p. 942 (#986) ############################################
942
THE INDIAN STATES SINCE 1919
constituency. Provision was made for the creation for each of the
new States a State Cadre of the Indian Administrative Service and
a State Cadre of the Indian Police Service. The initial strength
and composition of each of the Cadres was to be fixed by the Cen-
tral Government.
The Government of Part 'C' States Act, 1951 was repealed with
effect from 1st November, 1956. The Third Schedule to the States
Reorganization Act, 1956 gave details regarding the number of
seats allotted to each State in the House of the People and the Legis-
lative Assembly.
With effect from January 20, 1957, the State of Jammu and
Kashmir was declared to be an integral part of India. The Consti-
tuent Assembly dissolved itself after framing a new Constitution for
the State.
After the establishment of the composite State of Bombay under
the States Reorganisation Act, 1956, there was a lot of agitation for
the separation of Maharashtra from Gujarat. For a long time the
Government of India resisted the demand. That led to riots on a
large scale and ultimately the Government of India was forced to
enact the Bombay Reorganisation Act, 1960. It received the assent
of the President on April 25, 1960. It provided for the creation of
two separate States of Maharashtra and Gujarat. The capital of
Maharashtra was to be Bombay and that of Gujarat was to be at
some other place. While Maharashtra was to have Bombay High
Court, Gujarat was to have its separate High Court at some other
place. Separate representation was given to Maharashtra and
Gujarat in Lok Sabha and Rajya Sabha. Gujarat was to send 22
and Maharashtra 44 members to Lok Sabha. They were also to
send 11 and 19 members to Rajya Sabha respectively. The Legis-
lative Assembly of Gujarat was to consist of 132 and that of Maha-
rashtra 264 members. There was to be no Legislative Council for
Gujarat, but the Legislative Council of Maharashtra was to consist
of 78 members. Provision was also made for the division of the
assets of the former State of Bombay between Maharashtra and
Gujarat.
In July 1960, the Government of India decided to set up the
new State of Nagaland with Kohima as its capital. This was done
to satisfy the discontented elements in that region. An Act was
passed in 1962 to implement that decision.
There was some trouble in Punjab. There was an agitation for
the creation of a Punjabi Suba. When it assumed alarming pro-
portions, the Government of India appointed a Boundary Commis-
sion which was presided over by Mr. Justice Shah of the Supreme
Court of India. The direction given to the Commission was: “The
## p. 943 (#987) ############################################
THE PUNJAB REORGANISATION ACT
943
Commission shall examine the existing boundary of the Hindi and
Punjabi Regions of the present State of Punjab and recommend
what adjustments, if any, are necessary in that boundary to secure
the linguistic homogeneity of the proposed Punjab and Haryana
States. The Commission shall also indicate the boundaries of the
hill areas of the present State of Punjab which are contiguous to
Himachal Pradesh and have linguistic and cultural affinity with
that territory. The Commission shall apply the linguistic principle
with due regard to the census figures of 1961 and other relevant
considerations. The Commission may also take into account such
other factors as administrative convenience and economic well-
being, geographic contiguity and facility of communication and will
ordinarily ensure that the adjustments that they may recommend
do not involve breaking up of existing tehsils. ”
The Commission submitted its report in May 1966. Some areas
which formerly belonged to Punjab were given to Himachal Pra-
desh and the rest of the Punjab was divided into the States of Pun-
jab and Haryana. The majority of the members of the Commis-
sion recommended that Chandigarh be given to Haryana. The
Report was not accepted in full by the Government of India. The
Punjab Reorganisation Act, 1966, was passed by the Indian Parlia-
ment and it received the assent of the President on September 18,
1966. It was provided that a new State known as Haryana shall
be set up and it was to have Hissar, Rohtak, Gurgaon, Karnal and
Mahendragarh districts, Narwana and Jind Tehsils of Sangrur dis-
trict, Ambala, Jagadhari and Naraingarh district, Pinjore
Kanungo circle of Kharar tehsil of Ambala District and the terri-
tories in Manimajra Kanungo circle of Kharar tehsil of Ambala
District specified in the First Schedule. Provision was made for
the establishment of the Union Territory of Chandigarh. It was
also provided that to the Union Territory of Himachal Pradesh,
Simla, Kangra, Kulu and Lahaul and Spiti Districts, Nalagarh
Tehsil of Ambala district, Lohara, Amb, and Una Kanungo circles
of Una Tehsil of Hoshiarpur District, the territories in Santokhgarh
Kanungo circle of Una Tehsil of Hoshiarpur District etc. would be
added. The rest of the territory of the Punjab was to belong to
Punjab. Provision was made for the allocation of seats in the
Council of States, House of the People, and Legislative Assemblies.
There was to be a common High Court for the State of Punjab
and Haryana and the Union Territory of Chandigarh. Provision
was also made for the distribution of assets etc. among the States.
The Punjab Reorganisation Act, 1966 did not satisfy the aspira-
tions of the Sikhs and they were particularly sore about Chandi-
garh. No wonder, the Sikhs started agitation once again and Sant
## p. 944 (#988) ############################################
944
THE INDIAN STATES SINCE 1919
Fateh Singh went on fast unto death and fixed a date for burning
himself alive unless Chandigarh was given to Punjab. There were
negotiations at the eleventh hour and ultimately it was agreed to
refer the disputes between the States of Punjab and Haryana to the
arbitration of Mrs. Indira Gandhi, Prime Minister of India. How-
ever, nothing has come out of it on account of the attitude adopted
by the Government of Haryana and also the almost certainty that
Mrs. Indira Gandhi would give the award in favour of the Sikhs.
The result is that the trouble is still continuing.
BORDER DISPUTES BETWEEN MAHARASHTRA AND MYSORE
It was in the year 1957 that the Government of Bombay submit-
ted a memorandum to the Ministry of Home Affairs suggesting the
re-adjustment of border areas between Bombay and Mysore States.
It was stated in that memorandum that while the States Reorgan-
isation Act had settled the main framework of the reorganisation
of states on a linguistic basis, a large number of marginal territorial
adjustments had still to be made. The Government of Mysore re-
acted adversely to the claim made by the Government of Bombay.
The Government of Bombay requested that its proposal be placed
before the Zonal Council at an early date. The Zonal Council
was unable to decide the matter before the two States of Maha-
rashtra and Gujarat were formed, and a new Western Zone came
into existence and the Mysore State was taken out of the Western
Zone and included in the Southern Zone. On the suggestion of the
Home Minister of India, it was agreed to refer the boundary dis-
pute to a Four-Man Committee. Each State nominated two repre-
sentatives. Nothing came out of this Four-Man Committee in spite
of the waste of two years.
Agitation started once again and continued for about 4 years. The
Chief Ministers of the two States met from time to time but they
failed to come to any compromise. A high-power delegation of
Congressmen from Maharashtra and Bombay met the Prime Min-
ister, the Congress President and the Home Minister and urged
upon them the necessity of appointing a Commission at once. They
made it clear that if that was not done at once, there was the pos-
sibility of the Congress losing heavily in the forthcoming general
elections. A delegation arrived from Kasaragod with a mass peti-
tion demanding that the Working Committee should decide in favour
of the merger of Kasaragod in the Mysore State. It was under
these circumstances that Dr. Mehr Chand Mahajan, former Chief
Justice of India, was appointed on October 25, 1966 as One-Man
Commission to resolve the boundary disputes between the States
## p. 945 (#989) ############################################
THE MAHAJAN REPORT
945
of Maharashtra, Mysore and Kerala. The Commission had to
do a lot of touring and ultimately it submitted its Report on August
25, 1967 and the same was released to the public on November 4,
1967. In his Report, Dr. Mehr Chand Mahajan recommended
the transfer of certain villages from Mysore to Maharashtra and
vice versa.
He also recommended the incorporation of Kasaragod
in the State of Mysore. Dr. Mahajan favoured neither one party
nor the other. He accepted neither all the claims of Maharashtra
nor those of Mysore. He applied his judicial mind to the facts of
the case and made his recommendations in the light of what he
considered to be in the best interests not only of the people of
Maharashtra, Mysore and Kerala but also of India as a whole.
He condemned all those who stood for linguistic States as an end.
He rightly pointed out that the principle of linguistic States had
been accepted not to create inter-state barriers and tensions but to
promote the welfare of the people of India as a whole. No unilin-
gual State existed for the speakers of a particular language. While
the recommendations of the Mahajan Commission were accepted
by Mysore, those were rejected by Maharashtra. The result is that
the border dispute is continuing. It has already resulted in a lot
of bloodshed.
## p.
946 (#990) ############################################
CHAPTER XXXVIII
POLITICAL DEVELOPMENTS SINCE 1919
LORD CHELMSFORD was the Governor-General and Viceroy
of India in 1919 when the Government of India Act, 1919 was
passed by the British Parliament and he continued to occupy that
exalted position up to 1921. It was during his Viceroyalty that
the Jallianwala Bagh tragedy took place at Amritsar. Mahatma
Gandhi also started his Non-Cooperation movement during his
regime although the same continued even during the time of his
successor.
The Muslims of India started the Khilafat movement
to protest against the treatment meted out to Turkey by the Allied
Powers. The movement stood for the maintenance of the integrity
of the Turkish Empire. The Muslims also demanded the establish-
ment of a Muslim State of Palestine.
LORD READING (1921-26)
Lord Chelmsford was succeeded by Lord Reading in 1921 and
he continued to occupy that position up to 1926. Lord Reading
was born in a poor family but he rose to the high position of Lord
Chief Justice of England by dint of hard work. During his Vice-
royalty, there was a lot of opposition to the Government. Both the
Indian National Congress and the Muslim League were dissatisfied
with the Montagu-Chelmsford Reforms and as a matter of fact, the
general elections were boycotted by the Congress. Mahatma
Gandhi joined hands with the Khilafat leaders and carried on agi-
tation against the Government. There was the triple boycott of
Pritish Courts, Government Schools and the Reformed Councils.
Mahatma Gandhi was able to collect a crore of rupees for the Non-
co-operation movement. He also started a campaign in favour of
prohibition. The liquor shops were picketed by the volunteers and
the Government suffered losses in the form of revenue from liquor
licences. The Mahatma also started a campaign to remove un-
touchability from society. He also introduced the Charkha or the
hand-spinning wheel to raise the standard of life of the people and
also to harm the cloth industry of England.
When the Prince of Wales landed in Bombay in 1921, there was
complete hartal in the city. Riots also broke out and lasted for
three days. Considerable damage was done to property. 53 per-
sons were killed and about 440 were wounded.
## p. 947 (#991) ############################################
LORD READING
947
There were disturbances in Assam, Bihar, Calcutta, Chittagong,
Karachi, Madras and Dharwar. The Moplahs fell upon the
Hindus in Malabar and thousands of them were either butchered
or forcibly converted to Islam. There was a wave of indignation
among the Hindus against the Moplah rising and the failure of the
Government to protect them.
At Chauri Chaura, 21 policemen and rural watchmen were kill-
ed by an infuriated mob. This was too much for Mahatma Gandhi
who believed in a policy of non-violence. The result was that
Mahatma Gandhi withdrew the Non-co-operation Movement.
After that, he himself was arrested, tried and put in jail.
It was during the regime of Lord Reading that the Swarajist
Party was formed in 1923 under the leadership of C. R. Das in
Bengal, Pt. Motilal Nehru in Upper India and N. C. Kelkar in the
Deccan. This party stood for entry into the Legislatures. In spite
of opposition from Mahatma Gandhi, it had its way. The Swaraj-
ist Party in the Central Assembly gave a lot of trouble to the
Government.
As a result of the Non-Co-operation Movement and the wide-
spread defiance of law, criminal outrages took place in some parts
of the country, particularly in Bengal. In order to meet the situa-
tion, the Bengal Criminal Law Amendment Ordinance, 1924, was
issued. It provided for the arrest without a warrant of persons
suspected of belonging to criminal organisations. Special Judges
were appointed to deal with them and they were given the power
to try them secretly and punish them. With the help of this Ordi-
nance, a large number of persons were tried and imprisoned. There
was a lot of indignation in the country on account of the summary
procedure adopted in those trials.
On many occasions, the Viceroy was forced to use his power of
certification to sanction laws which were not passed by the Cen-
tral Legislature. In 1922, he certified the Princes' Protection Bill
to prevent the publication of writings which were likely to excite
feelings against the Indian Princes. To balance the 1923-24
Budget, the Viceroy increased the Salt duty by certification.
In 1923, allegations were made against the Maharaja of Nabha
by his own officials and the subjects of the Maharaja of Patiala.
However, before the matter could be investigated, the Maharaja of
Nabha abdicated and the administration of the State was taken over
by the Government.
One Mumtaz Begam, a singing girl, was under the patronage
of the Maharaja of Indore. She left the State with the assistance
of a Muslim Barrister of Bombay named Bawla. An attempt was
made to abduct Mumtaz Begam and Bawla was murdered. Lord
## p. 948 (#992) ############################################
948
POLITICAL DEVELOPMENTS SINCE 1919
Reading appointed a commission of enquiry to investigate into the
attempted abduction and murder. The Maharaja of Indore was
implicated in the matter and he eventually abdicated.
In 1925, the Nizam of Hyderabad claimed the Province of Berar.
He also asserted that he stood on the same footing as the British
Government in India. The claim of the Nizam was disallowed and
the Viceroy told him bluntly: “The sovereignty of the British Crown
is supreme in India and therefore no ruler of an Indian State can
justifiably claim to negotiate with the British Government on an
equal footing. Its supremacy is based not only on treaties and
engagements but exists independently of them and quite apart
from its prerogative in matters relating to foreign powers and poli-
cies. It is the right and duty of the British Government, while
scrupulously respecting all treaties and engagements with the Indian
States, to preserve peace and good order. I remind your Exalted
Highness that the ruler of Hyderabad along with other rulers re-
ceived in 1862 a Sanad declaratory of British Government's desire
for perpetuation of his House and Government subject to the conti-
nued loyalty to the Crown; and no succession to the Masnad of
Hyderabad is valid unless it is recognised by His Majesty the King-
Emperor; and that the British Government is the only arbitrator
in a disputed succession. . . . . . . . The varying degrees of internal
sovereignty which the rulers enjoy are all subject to the due exer-
cise by the Paramount Power of this responsibility. ”
It was during his Viceroyalty that the Muddiman Committee was
set up to report on the working of the Government of India Act,
1919 and its Report was also published during his regime.
The Union Parliament of South Africa proposed to pass an Anti-
Asiatic Bill providing for the reservation of certain areas in which
the Asiatics were not to be allowed to acquire land. The Govern-
ment of India took up the matter on behalf of the Indians in South
Africa and succeeded in getting the legislation postponed till a
Round Table Conference of Indian and South African delegates
met to discuss the matter.
There was the Akali agitation in the Punjab during the Viceroy-
alty of Lord Reading. The Akalis demanded that they must have
the management of the Sikh Gurdwaras or holy places under their
control. The Mahants who were in control of Gurdwaras and
were gaining a lot from them, opposed the move. That led to agita-
tion by the Akalis. The Mahant of Nankana Sahib collected a
Pathan guard and some 130 Akalis were killed in a treacherous
affray on 5 March, 1921. Conflicts took place between the Akalis
and the Police, the most important being at Guru Ka Bagh. The
Akalis adopted the policy of passive resistance. They were tortur-
## p. 949 (#993) ############################################
THE SIKH GURDWARAS ACT
949
ed by the Police. All kinds of indignities were inflicted on them.
However, the Akalis continued to send Jathas after Jathas in spite
of a policy of repression followed by the Government and ultimate-
ly they succeeded in their objective.
In 1925 was passed the Sikh Gurdwaras Act which provided
for the better administration of the Sikh Gurdwaras and for
enquiries into matters connected with them. The Act extend-
ed to the whole of the Punjab. It empowered the Provincial Gov-
ernment to declare by means of a notification that a particular
Gurdwara was a Sikh Gurdwara. It is true that objections could
be raised against the Notification but ultimately the matter was
decided by a Sikh Gurdwara Tribunal which consisted of a Presi-
dent and two other members appointed by the Provincial Govern-
ment. In most cases, the Tribunal gave its decision in favour of
the Akalis and the result was that most of the Gurdwaras came
under their control. These Gurdwaras had a lot of landed pro-
perty attached to them and a regular income of crores of rupees
every year.
Provision was also made for the appointment of a
Central Board to control the Sikh Gurdwaras in the Province.
There were to be separate Sikh Gurdwara Committees for the
management of the individual Gurdwaras. The final authority
for the management of the Sikh Gurdwaras vested in the Central
Board whose members were to be elected by the Sikhs in a pres-
cribed manner. Provision was also made for the appointment of
a Judicial Commission consisting of three Sikh Members to be
appointed by the Provincial Government. Detailed provisions
were made regarding the powers and duties of the Sikh Gurdwara
Committees. On the whole, it was a useful measure and it en-
abled the Akalis to reform the Gurdwaras and indirectly to add to
their own strength in the political field.
Under the Government of India Act, 1919, 47 subjects were de-
clared to be Central subjects and 52 subjects were included in the
Provincial List. The distribution of the subjects involved a deficit
for the Central Government and consequently a Committee known
as the Provincial Relations Committee was set up with Lord Meston
as its President to make recommendations as to how the deficit
could be met. The Committee recommended that the provinces
should make contributions to the Government of India so that the
budget could be balanced. It was estimated that the defiçit was
to be about Rs. 10 crores and the provinces were required to pay
according to their capacity. A schedule gave the permanent and
standard ratio at which each province was to be taxed in order to
wipe out the Central deficit. The contributions made by the
various provinces to the Central Government in 1921-22 were
## p. 950 (#994) ############################################
950
POLITICAL DEVELOPMENTS SINCE 1919
Madras Rs. 348 lacs, Bombay Rs. 56 lacs, Bengal Rs. 63 lacs,
Punjab Rs. 175 lacs, United Provinces Rs. 240 lacs, Assam Rs. 15
lacs, Burma Rs. 64 lacs and C. P. and Berar Rs. 22 lacs.
When the British Government promised the establishment of
responsible Government in India, the members of the public ser-
vices were upset. Formerly, they used to rule the country and
now they got worried about their position in the future. They
demanded certain safeguards. It was suggested that the members
of the All India Services, with a few exceptions, might be allowed
to retire before they completed the service ordinarily required for
earning pension and they should be given a pension proportionate
to their actual service. About 345 All India service officers retired
by 1924. The Government of India was faced with the problem
that an adequate number of Englishmen and Europeans was not
forthcoming for the All India Services and a Royal Commission on
Superior Civil Services in India was appointed in 1923. It came
to be known as the Lee Commission as Lord Lee was its Chairman.
The Commission made many recommendations. As regards the
Indian Civil Service, the Indian Police Service, the Indian Forest
Service and the Irrigation Branch of the Service of Engineers on
which public security mainly depended, the Secretary of State was
allowed to continue to recruit. His control, with certain safe-
guards, was to be maintained. As regards the Indian Education
Service, the Indian Veterinary Service and the Indian Medical
Service (Civil) which operated mostly in the Transferred field, it
was recommended that the control of the ministers was to be made
effective by closing the recruitment on an All India basis. The offi-
cers already in those services were to be allowed to retain their All-
India status and privileges. However, the new recruits to those servi-
ces were to be appointed in future by the Provincial Governments
and they were to form a part of the Provincial Services. It was made
clear that the change was not to apply to the Indian Medical Service.
Each province was required to employ in its Medical Department a
certain number of officers lent from the Medical Department of
the Army in India. The Commission recommended an increased rate
of Indianisation. For the Indian Civil Service, 10% of the superior
posts were to be filled by the appointment of the provincial service
officers to "listed” posts. Direct recruitment in future was to be
on the basis of equal numbers between Europeans and Indians. It
was estimated that within 15 years, half the recruits to the Indian
Civil Service would be Indians and half Europeans. As regards the
Indian Police Service, recruitment was to be in the proportion of five
Europeans and three Indians, allowing their promotion from provin-
cial services to fill up 20% of the vacancies. It was estimated that
## p. 951 (#995) ############################################
THE LEE COMMISSION
951
by 1949 the personnel of the Police Service would be half Euro-
peans and half Indians. As regards the Indian Forest Service, the
recruitment was to be in the ratio of 75% Indians and 25% Euro-
peans. As regards the Irrigation Branch of the Indian Service of
Engineers, there was to be direct recruitment of Indians and Euro-
peans in equal numbers. As regards the Central Services, the
Commission recommended that in the Political Department 25%
of the total officers to be recruited annually should be Indians.
In the Imperial Customs, not less than half the new entrants should
be the natives of India. In the Superior Telegraph and Wireless
Branch, 25% of the persons should be recruited in England and
the rest in India. As regards State railways, recruitment in India
was to be increased as soon as possible to 75%. 25% new entrants
were to be recruited in England. The Commission also recom-
mended an increase in the emoluments and privileges of the mem-
brs of the civil service. The European members of the services
were to be allowed to remit their overseas pay at the rate of 2s. for
a rupee or to draw the same in London in sterling at that rate,
although the actual rate of exchange was ls. 5d. The European
members of the Superior Civil Services and their wives were to
receive four return passages and one single passage for each child
during service. If any European member of a Civil Service died
while serving in India, his family was to be repatriated at the ex-
pense of the Government of India. The pensions of the civil
servants were considerably increased. Medical attendance by
European officers was to be made available to them. Family pen-
sion funds were to be introduced. All future British recruits to the
All India Services were given the option to retire on proportionate
pension in case they decided not to serve in India. The Commis-
sion also recommended that the Public Service Commission should
be set up immediately.
The Lee Commission had been appointed in 1923 by Lord Peel
who belonged to the Conservative Party. However, the Report of
the Commission appeared when the Labour Party headed by
Ramsay MacDonald was in office. The Report was fiercely
attacked in India as a reactionary document out of tune with the
new era ushered in by the Labour Government. The opposition
was due to racial antagonism and the desire to press home a politi-
cal advantage. It was also due to the fact that many unnecessary
financial concessions were offered to the Services.
The Factory Act of 1911 had limited the working hours of child-
ren and women to 7 and 11 respectively and provided for a com-
pulsory recess for half an hour in the midday in all factories. The
old limits of 9 to 14 for the age of children had been retained but
## p. 952 (#996) ############################################
952
POLITICAL DEVELOPMENTS SINCE 1919
arrangements made to get their age properly certified. Particular-
ly in the case of textile industries, the working hours of children
were limited to 6 and of adult males to 12. Many new provisions
were introduced about the health and safety of the industrial
workers. However, unrest in the labour world after 1919 made it
necessary that changes should also be made in the conditions of
labour in India. The Draft Conventions and the Draft Recom-
mendations of the International Labour Conference held at
Washington in 1921 were introduced into the Central Legislature
and passed in 1922. The new act widened the definition of fac-
tory. It abolished the old distinction between textile and non-
textile factory. It raised the minimum age for children for em-
ployment from 9 to 12 and the maximum age from 14 to 15 provided
the children were not employed for more than 6 hours a day with
fixed compulsory rest intervals. The Act restricted the work of all
adults to 11 hours a day and 60 hours a week, with a rest interval
of 1 hour after six hours work and a regular weekly holiday. Pro-
vision was also made for payment for over-time work. The Act
applied only to factories and not to all industrial workers. Cer-
tain changes were made in the Act in 1923 and 1926 to ensure
better working. In 1923 was passed the Workmen Compensation
Act. It provided for compensation for certain kinds of injuries, or
death of industrial workers of various classes. In 1923 was passed
the Boilers Act and in 1925 the Cotton Ginning and Pressing
Factories Act.
The Central Advisory Board of Education created first in 1920
under the Chairmanship of the Educational Commissioner of the
Government of India, was abolished in 1923 as a measure of econo-
my on the recommendation of the Indian Retrenchment Committee
presided over by Lord Inchcape. It was revived after 12 years.
According to the recommendation of the Universities Conference
held at Simla on the initiative of the Government of India in May
1924, an Inter-University Board for India was set up in 1925 and
the same has been doing very useful work since then.
The Bureau of Education in India was abolished in 1923 as a
measure of economy. It was revived after 14 years. It was pri-
marily concerned with the collection and dissemination of litera-
ture relating to educational problems in the various Provinces.
LORD IRWIN (1926-31)
Lord Irwin succeeded Lord Reading in 1926. He was a man
of remarkable character and he left a very favourable impression
on the minds of the Indians. He is said to have been a keen prac-
## p. 953 (#997) ############################################
LORD IRWIN
953
tising Christian. In spite of the surrounding circumstances, he
maintained his peculiar political austerity. He tried his best to
raise the status of the Indians. Formerly, the Constitution of
India was made for the Indians by the British Parliament without
any participation of the Indians. It was during his regime that
the first Round Table Conference was held in London in 1930 to
discuss the nature of the Constitution which India was to have and
very many distinguished Indians were invited to participate in its
deliberations. This was a big departure from the previous prac-
tice but was in keeping with the spirit of a confidential Despatch
submitted by the Viceroy and his Council to London in 1930. The
recommendation made by the Viceroy was that in the future
Constitution, India should have the status of a partner rather than
a subordinate as had been the case before.
When Lord Irwin came to India, there were Hindu-Muslim riots
all over the country. The immediate causes were minor incidents
such as the playing of music before mosques, slaughter of cows,
pelting of stones by mischievous boys or anti-social elements in
society but the consequences were very serious. During those riots,
houses and shops were looted and burnt. People were murdered.
There were pitched battles in the streets of the cities between gangs
armed with sticks and stones. There was not only loss of life and
property but trade and commerce also suffered. It was estimated
that between 250 and 300 persons were killed and more than 2,500
injured during the riots. The Hindu-Muslim Conference was held
at Simla to create a better atmosphere but it was without any result.
- The efforts of the All India National Conference to find a solution
to the problem also failed and communal riots continued to occur
from time to time.
It was during his regime that the Simon Commission was
appointed in 1927.
