No More Learning

The first amendment of the Constitution was made in December,
1963 and assented to by the President in January 1964. It en-
umerated and defined the fundamental rights and rendered them
justiciable. It abolished the terms principles of law making and
principles of policy and restored the earlier terms, fundamental
rights and principles of policy. Another significant departure in
the Constitution was made in 1964 not by legislative amendment
but by judicial decision. The Supreme Court of Pakistan declared
the President's order which allowed ministers appointed from the
National Assembly to retain their seats as legislators, null and void.
By doing so, the Supreme Court of Pakistan established the doctrine
of judicial review. Another development took place in Pakistan.
The party system was allowed to develop after the passing of the
Political Parties Act, 1962 and President Ayub Khan himself be-
came the President of the Pakistan Muslim League in December,
1963. There also grew up the parliamentary Opposition in the
country. In January 1965, the presidential election took place
under the Constitution of 1962 and President Ayub Khan was re-
elected President by a comfortable majority. However, there was
stiff opposition led by Miss Fatima Jinnah. The contemporary
opinion was that if the elections had been direct, Ayub Khan would
have been defeated.
REFORMS UNDER AYUB KHAN
Many reforms were carried out by President Ayub Khan during
his tenure of office. Following the Land Reforms Commission's


## p. 893 (#935) ############################################

REFORMS UNDER AYUB KHAN
893
Report which was accepted by the President in January 1959, 6,000
landlords of West Pakistan were forced to surrender irrigated lands
measuring more than 500 acres and non-irrigated lands of more
than 1,000 acres. Only about 6 million acres were allowed to be
retained by them and the excess totalling two million acres, was
distributed among one and a half lac of tenants, benefiting half a
million people. The tenancy system was rationalized giving the
farmer certain safeguards regarding tenure and his share of pro-
duce. Some nine million acres of small, fragmented holdings were
consolidated. By and large, a basic change in Pakistan's agrarian
structure was initiated for the first time since independence.
In August 1959, the Commission on Education submitted its re-
commendations. Till then, allocation by the Central and Provincial
Governments had been meagre. Trained teachers had been few and
schools even less. To end indiscipline among students and to re-
move their regionalism, the Commission called for a "Revolution
in attitudes. " The recommendations of the Commission were
severely criticized but the basic principles have survived. Those
are that in primary education the main emphasis should be on
quantity, in the secondary stage on vocational training and in higher
education on quality. President Ayub Khan wanted to have a com-
mon script for Urdu and Bengali as a unifying force in the country
but he could not carry it out on account of opposition.
The economic situation in Pakistan was very difficult when Ayub
Khan took over. By stringent measures, the economy was gradual-
ly restored. In May, 1959, an Economic Council was set up. By
December, 1959, the outlines of the Rs. 10,000 million Second Five
Year Plan were announced. The emphasis continued to be on
private enterprise. However, two major changes were introduced.
The new Plan was given a philosophy and the economy was given
an institutional structure. Heavy industries, steel plants and oil
refineries were established. An export policy was evolved in the
field of agriculture. New lands were reclaimed. An Ordinance
of 1959 gave power to the Government to take over lands left
uncultivated for two years. The entire agricultural credit system
was organised. The Indus Basin Programme, financed under the
treaty signed in 1960 by Pakistan, India and the World Bank, was
put through. Substantial results followed. In the field of social
welfare, a beginning was made with the Industrial Disputes
Ordinance of 1959. A new machinery was provided to resolve
labour disputes. Conciliation proceedings were made compulsory.
In 1961, another Ordinance created rules for fixing minimum wages
in different industries. Social security with regard to medical


## p. 893 (#936) ############################################

892
PAKISTAN
one.
It en-
for women in each province and they were entitled to contest
other seats also.
The Constitution of 1962 was criticized on the ground that it
provided for a unicameral legislature both at the Centre and the
provinces. That innovation was not considered to be a desirable
It was contended that the principles of law-making should
have been made justiciable. It was also contended that the system
of indirect elections was not conducive to the development of demo-
cratic institutions in Pakistan. The provision in the Constitution
that only that person should be appointed the Defence Minister of
Pakistan who had once held a high office in the defence services of
Pakistan was not desirable as that was likely to make the military
very strong. He was likely to dominate the deliberations of the
cabinet. It was also contended that the Islamic character of the
Republic might give encouragement to the ultra religious and
fanatical sections of the people of Pakistan and that might stand in
the way of the social and economic development of the country.
The first amendment of the Constitution was made in December,
1963 and assented to by the President in January 1964.
umerated and defined the fundamental rights and rendered them
justiciable. It abolished the terms principles of law making and
principles of policy and restored the earlier terms, fundamental
rights and principles of policy. Another significant departure in
the Constitution was made in 1964 not by legislative amendment
but by judicial decision. The Supreme Court of Pakistan declared
the President's order which allowed ministers appointed from the
National Assembly to retain their seats as legislators, null and void.
By doing so, the Supreme Court of Pakistan established the doctrine
of judicial review. Another development took place in Pakistan.
The party system was allowed to develop after the passing of the
Political Parties Act, 1962 and President Ayub Khan himself be-
came the President of the Pakistan Muslim League in December,
1963. There also grew up the parliamentary Opposition in the
country. In January 1965, the presidential election took place
under the Constitution of 1962 and President Ayub Khan was re-
elected President by a comfortable majority. However, there was
stiff opposition led by Miss Fatima Jinnah. The contemporary
opinion was that if the elections had been direct, Ayub Khan would
have been defeated.
REFORMS UNDER AYUB KHAN
Many reforms were carried out by President Ayub Khan during
his tenure of office. Following the Land Reforms Commission's


## p. 893 (#937) ############################################

REFORMS UNDER AYUB KHAN
893
Report which was accepted by the President in January 1959, 6,000
landlords of West Pakistan were forced to surrender irrigated lands
measuring more than 500 acres and non-irrigated lands of more
than 1,000 acres. Only about 6 million acres were allowed to be
retained by them and the excess totalling two million acres, was
distributed among one and a half lac of tenants, benefiting half a
million people. The tenancy system was rationalized giving the
farmer certain safeguards regarding tenure and his share of pro-
duce. Some nine million acres of small, fragmented holdings were
consolidated. By and large, a basic change in Pakistan's agrarian
structure was initiated for the first time since independence.
In August 1959, the Commission on Education submitted its re-
commendations. Till then, allocation by the Central and Provincial
Governments had been meagre. Trained teachers had been few and
schools even less. To end indiscipline among students and to re-
move their regionalism, the Commission called for a "Revolution
in attitudes. ” The recommendations of the Commission were
severely criticized but the basic principles have survived. Those
are that in primary education the main emphasis should be on
quantity, in the secondary stage on vocational training and in higher
education on quality. President Ayub Khan wanted to have a com-
mon script for Urdu and Bengali as a unifying force in the country
but he could not carry it out on account of opposition.
The economic situation in Pakistan was very difficult when Ayub
Khan took over. By stringent measures, the economy was gradual-
ly restored. In May, 1959, an Economic Council was set up. By
December, 1959, the outlines of the Rs. 10,000 million Second Five
Year Plan were announced. The emphasis continued to be on
private enterprise. However, two major changes were introduced.
The new Plan was given a philosophy and the economy was given
an institutional structure. Heavy industries, steel plants and oil
refineries were established. An export policy was evolved in the
field of agriculture. New lands were reclaimed. An Ordinance
of 1959 gave power to the Government to take over lands left
uncultivated for two years. The entire agricultural credit system
was organised. The Indus Basin Programme, financed under the
treaty signed in 1960 by Pakistan, India and the World Bank, was
put through. Substantial results followed. In the field of social
welfare, a beginning was made with the Industrial Disputes
Ordinance of 1959. A new machinery was provided to resolve
labour disputes. Conciliation proceedings were made compulsory.
In 1961, another Ordinance created rules for fixing minimum wages
in different industries. Social security with regard to
medical


## p. 894 (#938) ############################################

894
PAKISTAN
treatment, injury, etc. , was introduced. Muslim family laws were
modernized.
OPPOSITION TO AYUB KHAN
In spite of all this, opposition to Field Marshall Ayub Khan be-
gan to grow. The people were not prepared to put up with a
dictatorship permanently. Sheikh Mujib-ur-Rehman, the leader of
East Pakistan Awami League, put forward 6 demands before the
Government. The Constitution of Pakistan must be federal, with
parliamentary form of Government and a legislature directly elect-
ed on the basis of adult franchise. The federal subjects must be
limited to Defence and Foreign Affairs only. There should be
separate currencies for the two Wings of Pakistan freely convert-
ible into each other or in the alternative one currency subject to
statutory safeguards against flight of capital from the East to the
West Wing. The powers of taxation and revenue collection were
to be vested in the federating states. The Centre was to be financed
by the allocation of a share in the state's taxes. Separate foreign
exchange accounts were to be kept for East and West Pakistan.
The requirements of the Federal Government were to be met by
the two Wings in equal proportions or on any other fixed basis as
may be agreed upon. East Pakistan was to be self-sufficient in
matters of Defence. An Ordnance Factory and Military Academy
were to be set up in East Pakistan and the Federal Naval head-
quarters were to be located in East Pakistan. General Azam Khan
was also opposed to President Ayub Khan. Air Marshall Asgar
Khan also joined the opposition against Ayub Khan. The Air
Marshall went from place to place and addressed public meetings
in favour of the establishment of democracy in Pakistan and the
overthrow of the regime of Ayub Khan.
PAKISTAN DEMOCRATIC MOVEMENT
On 2 May, 1967, the Pakistan Democratic Movement was
started. The five constituents of the movement were the Awami
League, the Muslim League (Council), the Jamait-e-Islam, the
Nizam-e-Islam and the National Democratic Front. Stalwarts like
Mian Mumtaz Daultana, Chaudhuri Mohammad Ali, Nurul Amin
and Ata-ur-Rehman appeared on the same platform and drew up
an agreed eight-Point programme which contained compromise de-
tails of East and West Pakistan. The objective was to agitate for
a return to the parliamentary form of Government, based on adult
franchise. A federal structure at the centre was agreed to with


## p. 895 (#939) ############################################

OPPOSITION TO AYUB KHAN
895
responsibility for such subjects as defence, foreign affairs, currency
and federal finance and Inter Wing Communications and Trade.
East Pakistan was to be given a measure of regional autonomy.
There was to be parity between the two Wings in the services in
the civil and defence sectors, It was also agreed that a military
academy and ordnance factory would be set up in East Pakistan
and the headquarters of the Pakistan navy were to be shifted to
East Pakistan.
President Ayub Khan was not happy with the establishment of
the Pakistan Democratic Movement and no wonder he described
the activities of the opposition as “playing with fire. ” He told the
people that the Pakistan democratic movement was designed to
disintegrate the country. Sabur Khan, the Communications Minis-
ter and Leader of the House, described the Pakistan Democratic
Movement as the "Pakistan death movement. " The Dawn describ-
ed the new movement as “Pakistan disintegrating movement. ” The
National Awami Party of Bhasani, with its pro-Peking leanings,
described the Pakistan Democratic Movement as an organisation
of the feudalists and the capitalists. However, the Pakistan demo-
cratic movement did not achieve much and no wonder it was called
a "house of cards” or a "paper tiger”.
On 13 November, 1967, Zulfikar Ali Bhutto set up his People's
Party. The manifesto of his party declared that it stood for the
restoration of democracy and adult franchise. It was to set up a
socialistic pattern of society which conformed to the conditions,
traditions and culture of Pakistan. Mr. Bhutto was really a for-
midable force in the politics of Pakistan on account of his youth
and zeal and also his popularity among the people on account of
his extreme views against India.
On 6 January 1968, the people of Pakistan were told that 28
persons had conspired to bring about the secession of East Pakistan.
Indian instigation was also alleged. It came to be known as the
Agartala conspiracy Among the conspirators, two members of the
Pakistan civil service and some defence personnel were also named.
It was also alleged that Sheikh Mujib-ur-Rehman, the East Pakis-
tan Awami League leader already in detention, was implicated in
the conspiracy
In March 1968, President Ayub Khan was struck down by ser-
ious illness. The news of his illness was kept a secret and that
led to many rumours and doubts with regard to the future of
Pakistan. However, the President recovered after some time and
was able to attend to his duties.
In the meanwhile, hearings in the case entitled the State v. Sheikh
Mujib-ur-Rehman and others began on 19 June, 1968 at the Signals


## p. 896 (#940) ############################################

896
PAKISTAN
Mess in Dacca Cantonment before a Special Tribunal. The num-
ber of the accused increased to 33. The trial was held under a
new Presidential Ordinance which authorised the acceptance of
confessions and statements made to the police as admissible evidence
against the accused. Protests came in from the Bars of Dacca
and Karachi. Surprisingly, President Ayub Khan suddenly gave
into these protests and the offending clause was annulled by an-
other special Ordinance. The trial continued.
It appears that by the middle of 1968, the people of Pakistan
had got fed up with the existing regime and were determined to
overthrow it. An attempt was made on the life of the President
but his life was saved. Mr. Bhutto started his frontal attack
against the regime of Ayub Khan. Air Marshall Asgar Khan
toured both the Wings of Pakistan and created a strong public
opinion against Ayub Khan. Mr. Bhutto was prosecuted by the
Government on some very insignificant charges and was put in
jail. The manner in which he behaved in jail and during his trial,
added to his stature. The students also joined the agitation against
President Ayub Khan. There were strikes both in East and West
Pakistan. There were firings. Ultimately, President Ayub Khan
agreed to meet the leaders of the opposition at a round table con-
ference but they refused to do so so long as Sheikh Mujib-ur
Rehman was in detention and the conspiracy case against him was
pending. Ultimately, President Ayub Khan agreed to release Sheikh
Mujib-ur-Rehman and also to withdraw the so-called Agartala
conspiracy case. President Ayub Khan declared that he would not
stand for election as President in 1970. In spite of this, agitation
against him continued.
GENERAL YAHYA KHAN (1969)
All of a sudden, President Ayub Khan declared on 25 March,
1969 that he had handed over the administration of Pakistan to
General Yahya Khan, the Commander-in-Chief of Pakistan and
appointed him as the Chief Martial Law Administrator. After
assuming charge, General Yahya Khan declared the dissolution of
the National and Provincial Assemblies and placed the two wings
of Pakistan under the charge of two Administrators, one for West
Pakistan and one for East Pakistan. General Yahya Khan also
abrogated the constitution of 1962. Six days after, (31st March,
1969), General Yahya Khan appointed himself the President of
Pakistan. The new regime has been recognised by all the countries
and some sort of normalcy prevails in the country. However, the
leaders of Pakistan are declaring in unequivocal terms that General


## p. 897 (#941) ############################################

FOREIGN POLICY OF PAKISTAN
897
Yahya Khan must restore the democratic institutions as soon as
possible.
FOREIGN POLICY OF PAKISTAN
It seems desirable to refer to the foreign relations of Pakistan
since 1947. To begin with, Pakistan followed an independent
foreign policy without joining one bloc or the other. She expressed
her opinions openly and frankly on all international issues. On
colonial matters, she criticised the policies of the great Powers. In
1951, her representative declared in the United Nations: "We are
convinced that had these Powers not been tempted by these glittering
prizes, mistakenly so regarded, there would certainly have been no
war in 1914 and almost certainly none in 1939. So long as there
is a victim, there will always be aggression. These wrongs, in-
equalities and oppressions must be set right voluntarily, speedily
and in all humility. ” Pakistan pleaded the cause of Palestine and
bitterly criticized the Great Powers for creating the Jewish state of
Israel. Pakistan took up a very strong stand on the question of
the Italian colonies. She successfully advocated the unity and
independence of Libya. She also advocated the cause of Tunisia
and Morocco for their independence. She took up the cause of
Indonesia against the Dutch Government. She supported Iran
against Great Britain on the question of nationalisation of the
Anglo-Iranian Oil Company. On many occasions, Pakistan sided
with the Western powers.
When North Korea attacked South
Korea in 1950, Pakistan supported the action taken by the United
Nations and condemned North Korea for obstructing the task of
the United Nations Commission. When the Japanese Peace Treaty
was signed, Pakistan supported the United States. Pakistan was
one of the first countries which recognised the Communist Govern-
ment of China and established diplomatic relations with her. She
supported the admission of Red China into the United Nations.
Her relations with Great Britain have been cordial on the whole.
She received a lot under the Colombo Plan. The Commonwealth
Development Finance Company contributed towards capital requir-
cd for the Sui Gas Project. Great Britain supplied £210,000 worth
of textile equipment for the Dacca Institute of Textile Technology.
The attitude of the British Government has always been sympathetic
towards Pakistan on the question of Kashmir. As a matter of fact,
the Pro-Pakistan attitude of the British Government during the Indo-
Pakistan War of 1965 was very much resented in India.
The relations between Pakistan and the United States have been
very intimate. In 1950, Prime Minister Liaquat Ali Khan visited


## p. 898 (#942) ############################################

898
PAKISTAN
the United States on the invitation of the American Government.
In 1951, the United States started giving economic and technical
aid to Pakistan. During the first 6 years, the American aid totalled
$528,976,810. In 1954, Pakistan was in need of extra financial
help to set up her defence programme and the American Govern-
ment agreed to increase her help to Pakistan about $100,000,000 a
year.
The Governments of Pakistan and the United States were
jointly engaged in a large number of development projects in Pakis-
tan. In 1951-52, Pakistan was threatened with crop failure and
the Export and Import Bank in Washington provided a loan of 15
million dollars with interest at the rate of 21/2% per annum for the
purchase of wheat. In 1953, the American Government made a
gift of one million tons of wheat to Pakistan. The American Gov-
ernment sent 50 to 60 thousand pounds of medical supplies to flood-
victims of East Pakistan in 1954. A large number of experts were
also sent to control the spread of epidemics. The American Gov-
ernment supported Pakistan on the question of Kashmir. She also
took keen interest in bringing Pakistan and India together for the
settlement of the Kashmir problem. It was with the help of the
American Government that the Indus Basin problem was solved.
On 19 May, 1954, the Mutual Defence Assistance Agreement was
signed between Pakistan and the United States. The United States
was to make available to Pakistan such military equipment, materials,
services or other assistance as was necessary to develop her defence
potential. Under this agreement, Pakistan received a lot of mili-
tary help from the American Government and the same was used
by her against India in 1965. On 5 March, 1959, a bilateral
agreement of cooperation was signed between Pakistan and the
United States. The American Government agreed to help Pakis-
tan in case she was attacked by another country. Some unpleasant-
ness was created between the two countries on account of American
help to India after the Chinese invasion of India in October-
November, 1962. The Pakistan Government contended that the
military help given by the United States to India would be used
not against China but against Pakistan. As the American Govern-
ment continued to give help to India, Pakistan started looking in
other directions for help and friendship. In March 1963, Pakistan
entered into an agreement with Red China to demarcate the com-
mon border between the two countries. As a result of the agree-
ment, Pakistan got 750 square miles and China got 2,050 square
miles of territory. Red China also gave a lot of military help to
Pakistan. She also declared that she would stand by her in the
event of a war between India and Pakistan. When Pakistan
attacked India in 1965, the United States was put in a very awkward


## p. 899 (#943) ############################################

FOREIGN POLICY OF PAKISTAN
899
position. The Government of India represented to the United
States that the American arms were used against her and asked
her to stop the same. However, the American Government was
helpless. She tried her best to bring the war to a close. She en-
couraged the efforts made by the Soviet Union to bring India and
Pakistan together at Tashkent. During the war and even after that,
the United States imposed an embargo on the supply of arms to
India and Pakistan so that they may not fight again. As a result
of the pressure put on her, she agreed to sell parts to Pakistan.
She also resumed economic aid to Pakistan. In spite of all this, the
relations between Pakistan and United States are not so cordial
as they were before. China is the enemy of the United States
and that very China is the friend of Pakistan. Pakistan has estab-
lished very friendly relations with the Soviet Union and received a
lot of economic and military help from that country. It is obvious
that the United States cannot rely upon Pakistan on account of her
alignment with Red China and the Soviet Union.
THE CENTO
On 17 September, 1955, Pakistan became a member of the
Baghdad Pact and even when its name was changed to Central
Treaty Organisation, she continued to be its member. Pakistan is
also a member of the SEATO. Pakistan has very cordial relations
with Iran and no wonder Iran gave a lot of military help to Pakis-
tan before or after the Indo-Pak war in September, 1965. The
relations between India and Pakistan have always been strained.
An atmosphere of cordiality is more an exception than the rule.
After the partition of India and the establishment of Pakistan,
many disputes arose between the two countries and those have not
been satisfactorily solved. A lot of ill-will was created between
the two countries on account of the wholesale killings on both the
sides after 15 August, 1947. In October, 1947, Pakistan attacked
Kashmir and as the latter acceded to India, Indian forces were
sent to the valley and the raiders were turned out. The Indus
Basin Water Dispute strained the relations between the two coun-
tries for some time but the matter was settled by the Indus Waters
Treaty signed by the two Governments on 19 September, 1960.
Prime Minister Nehru himself went to Pakistan to sign the treaty.
In spite of this treaty, the relations between two countries did not
improve. When India was attacked by China in 1962, Pakistan
showed her sympathy towards China and would have been willing
to attack India if the circumstances so permitted. In August 1965,
Pakistan sent her infiltrators into Kashmir and ultimately attacked


## p. 900 (#944) ############################################

900
PAKISTAN
the Chhamb area of the State of Jammu and Kashmir. She was
able to conquer some territory. The Indian armies opened the
Lahore front and then through the good offices of the Soviet Union
and the United Nations, a cease-fire was ordered. President Ayub
Khan and Prime Minister Lal Bahadur Shastri went to Tashkent
and on 10 January 1966, the famous Tashkent declaration was
made under the signatures of President Ayub Khan and Lal Bahadur
Shastri. India and Pakistan declared their firm resolve to restore
normal and peaceful relations between their countries and to pro-
mote understanding and friendly relations between their peoples.
It was agreed that the armed personnel of the two countries would
withdraw not later than 25 February, 1966 to the positions they
held prior to 5 August, 1965. The relations between the two
countries were to be based on the principle of non-interference in the
internal affairs of each other. Both sides were to discourage pro-
paganda directed against the other country and were to encourage
propaganda which promoted the development of friendly relations
between the two countries. Prisoners of war were to be repatriated.
In spite of the Tashkent Declaration, the relations between the two
countries are not happy.
In a way, Pakistan has been able to place herself in a very strong
position. She is a friend of Great Britain. She can rely upon both
.
economic and military assistance from the United States. She is
also receiving economic and military assistance from the Soviet
Union. She has the most intimate relations with Red China. It
appears that all the Great Powers of the world are out to win the
goodwill of Pakistan.


## p. 901 (#945) ############################################

CHAPTER XXXVII
THE INDIAN STATES SINCE 1919
BEFOI
EFORE the independence of India, there were a large number of
,
Indian States. Some of them like Hyderabad, Mysore and Kashmir
were very big while others were very small covering an area of
only a few square miles. Those States were in various stages of
development. Some States like Mysore were so much advanced
that they could compare with any province of British India. There
were others which were governed by autocratic rulers and the
people had no voice in the administration. Some of the States
were the personal property of the Chief. The revenue of some
States ran to crores of rupees while that of some was not more than
a few lakhs. Some of them were in a very backward condition.
However, the Government of India exercised its paramountcy over
all of them through its Political Department. Whatever their own
position in their own States, all the Indian Rulers were under the
thumb of the Political Department. The latter exercised its con-
trol in various ways. Any advice given by the Political Depart-
ment was a command for the rulers. The Government of India
claimed the right to control and use of all titles, honours and salutes
of the rulers of the Indian States. No ruler could accept any
foreign title without the consent of the British Government. Any
ruler could be deposed or forced to abdicate. The Government of
India asserted its right of wardship over minor princes including the
right to control their education. It had the power of establishing a
regency whenever a prince was a minor or he was temporarily sus-
pended or permanently exiled from the State. The subjects of the
Indian States had to apply to the Government of India for passports
to go out of India. The Government of India had complete con-
trol over the issue of all licences for arms and ammunitions. The
appointments of Diwans, Chief Ministers and other important offi-
cials of the Indian States had to be approved by the Political De-
partment. The Government of India also had the right to entertain
petitions from the subjects of the Indian States against their rulers.
However, it interfered only when things reached a critical stage.
No Indian Ruler could employ any European without the consent
of the British Government.
CHAMBER OF PRINCES
The authors of the Montagu-Chelmsford Report were of the


## p. 902 (#946) ############################################

902
THE INDIAN STATES SINCE 1919
view that time had come to end the isolation of the Indian rulers
and something should be done to provide for joint consultations
and discussions by them for the furtherance of their common in-
terests. It is true that Lord Lytton had, at one time, suggested
.
the formation of an Imperial Privy Council consisting of the rulers
of Indian States but his suggestion had not been accepted. The
same was true of the suggestion of Lord Curzon for the formation
of a Council of ruling Princes. The proposal of Lord Minto to
set up an Advisory Council of Indian rulers and big landlords to
combat the nationalist movement in the country had not been acce-
pted. During the regimes of Lord Hardinge and Lord Chelms-
ford, conferences of Indian rulers were pretty regular and the
Montagu-Chelmsford Report recommended that those conferences
should be replaced by a permanent body known as the Council of
Princes which would give the Indian rulers “the opportunity of
informing the Government as to their sentiments and wishes, of
broadening their outlook and of conferring with one another and
with the Government of India. ” Another recommendation was that
the Council of Princes should annually appoint a Small Standing
Committee to advise the Political Department on matters affecting
the States. The Government of India consulted the Indian rulers
with regard to the above recommendations and ultimately the
Chamber of Princes was set up on 8 February, 1921 by a Royal
Proclamation. The ceremony of its inauguration was performed
by the Duke of Connaught on behalf of the King-Emperor in the
Diwan-i-Am of the Red Fort in Delhi. A passage in the Procla-
mation was in these words:
“My Viceroy will take its counsel freely in matters relating to
the territories of Indian States generally and in matters that
affect these territories jointly with British India or with the
rest of my Empire. It will have no concern with the internal
affairs of individual States or their Rulers or with the relations
of individual States with my Government, while the existing
rights of these States and their freedom of action will in no
way be prejudiced or impaired. ”
The Chamber of Princes consisted of 120 princes in all. Out
of those, 12 members represented 127 states and the remaining 108
were members in their own right. About 327 states were given
no representation at all. Some important Indian rulers did not
join it. Ordinarily, the Chamber of Princes met once a year
,
and was presided over by the Viceroy. It elected its own Chan-
cellor who presided over its meeting in the absence of the Viceroy.
The Chancellor was the President of the Standing Committee of
the Chamber of Princes. The Standing Committee met twice or


## p. 903 (#947) ############################################

THE BUTLER COMMITTEE REPORT
903
thrice a year at Delhi to discuss the important questions facing the
Indian States. Every year the Standing Committee submitted its
report to the Chamber of Princes. The princes also had informal
conferences among themselves when they went to Delhi to attend
the session.
The Chamber of Princes was deliberative, consultative, and ad-
visory body. Its importance has been stated by the Simon Com-
mission Report in these words: “The establishment of the Chamber
of Princes marks an important stage in the development of relations
between the Crown and the States, for it involves a definite breach
in an earlier policy, according to which it was rather the aim of
the Crown to discourage joint action and joint consultation bet-
ween the Indian States and to treat each State as an isolated unit
apart from its neighbours. That principle, indeed, has already been
giving place to the idea of conference and co-operation amongst
the ruling princes of India, but this latter conception was not em-
bodied in permanent shape until the Chamber of Princes was es-
tablished. The Chamber has enabled thorough interchange of
views to take place on weighty matters concerning relationship of
the States with the Crown and concerning other points of contact
with British India. "
THE BUTLER COMMITTEE
On 16 December, 1927, Lord Birkenhead, Secretary of State for
India, appointed a committee of 3 members, viz. Sir Harcourt
Butler, Prof. W. S. Holdsworth and the Hon'ble S. C. Peel to en-
quire into the relationship between the Indian States and the par-
amount power and to make suggestions for the more satisfactory
adjustment of the existing economic relations between the Indian
States and British India. Sir Harcourt was the Chairman of the
Committee. He and his colleagues came to India in January 1928
and visited 16 States. The proceedings of the Committee were
held in camera. The Committee did not examine the represen-
tatives of the people of the Indian States on the ground that that
was not within their terms of reference. However, they accepted a
written statement from the All-India States People's Conference.
However, most of the work of the Committee was done in England,
where the Indian rulers did their level best to put forward their
point of view before the Committee.
According to the recommendations of the Butler Committee, the
Viceroy and not the Governor-General-in-Council should be the
agent of the Crown in dealing with the states. The relations
between the Crown and the Princes should not be transferred


## p. 904 (#948) ############################################

904
THE INDIAN STATES SINCE 1919
without the consent of the princes to a new Government in British
India responsible to the legislature. The scheme regarding the
creation of a State Council should be rejected. Intervention in
the administration of a state should be left to the decision of the
Viceroy. Special Committees should be appointed to enquire into
disputes that may arise between the states and British India. A
Committee should be appointed to enquire into the financial rela-
tions between the Indian States and British India. There should
be separatte recruitment and training of political officers drawn
from the Universities of England.
The authors of the Butler Committee Report enunciated the
theory of direct relationship between the Indian States and the
British Crown. It was contended that the relationship of the
Indian States was not with the Government of India but with the
British Crown. This theory was put forward with a view to set-
ting up a “Chinese Wall” between British India and the Indian
states. As a mater of fact, the theory of direct relationship was
.
being gradually evolved from 1917 when the famous August Dec-
laration was made to give India responsible Government by stages.
Its first sign was to be seen in the transfer of the relationship of
Indian States from the provinces to the Central Government. In
an inspired letter, the Maharaja of Indore wrote that "His High-
ness's treaty relations are with the Viceroy as a representative of
His Majesty, the King Emperor. ” With “autonomous Govern-
Inent, British India can but occupy with regard to Indore the posi-
tion of a sister state like Gwalior or Hyderabad each absolutely
independent of the other and having His Majesty's Government as
the connecting link between the two. ” The theory of direct re-
lationship was also advocated by Dr. A. B. Keith and Sir Leslie
Scott. According to Dr. Keith, “It is important to note that the
relations of the Indian States, however conducted, are essentially
relations with the Crown and not with the Indian Government and
that this fact presents an essential complication as regards the es-
tablishment of responsible Government in India. It is clear that
it is not possible for the Crown to transfer its rights under a treaty
without the assent of the Native States to the Government of
India under responsible Government. ”
Sir Leslie Scott was an eminent lawyer and he was engaged by
the Standing Committee of the Chamber of Princes to respresent
them before the Butler Committee. In an article contributed to
the Law Quarterly Review, Sir Leslie laid down five propositions,
some of which might be accepted as true, others palpably false and
advanced to perpetuate British stranglehold of India and to keep
the States out of a united constitution for ever. Two of these


## p. 905 (#949) ############################################

THE BUTLER COMMITTEE REPORT
905
were that the contracts or treaties between the Princes and the
Crown were between two sovereigns and not between the Com-
pany and the Government of British India, and that the Princes
in making those contracts or treaties gave their confidence to the
British Crown and the Crown could not assign the contracts or
treaties to any concerned party. The British Government, as par-
amount power, had undertaken the defence of all States and to
remain in India with whatever military and naval forces might be
requisite to enable it to discharge that obligation. The British
Government could not hand over those forces to any other Govern-
ment, to a foreign power such as France or Japan, or even to
British India. The Indian Princes were very much pleased with
the theory which was intended to help them to exclude themselves
from the control of the Government of India when it came into
the hands of the Indians.
The recommendations of the Butler Committee were criticised by
the Indians from all walks of public life. The view of C. Y.
Chintamani was: “The Butler Committee was bad in its origin, bad
in the time chosen for its appointment, bad in its terms of reference,
bad in its personnel and bad in its line of inquiry, while its report
is bad in reasoning and bad in its conclusions. ” The view of Sir
M. Visvesvaryya was: “In the Butler Committee Report, there is
no hint of a future for the Indian States' people. Their proposals
are unsympathetic, unhistorical, hardly constitutional or legal. . . .
There is no modern conception in their outlook. Certainly nothing
to inspire trust or hope. "
Criticising the Butler Committee Report, the Nehru Committee
pointed out that "an attempt is being made to convert the Indian
States into an Indian Ulster by pressing constitutional theories into
service” and gave the following warning: "It is inconceivable that
the people of the States who are fired by the same ambitions and
aspirations as the people of British India would quietly submit to
existing conditions for ever, or that the people of British India bound
by the closest ties of family, race and religion to their brethren on
the other side of an imaginary line will never make common cause
with them. "
The rulers of the Indian States were also disappointed with the
findings of the Butler Committee with regard to the unfettered dis-
çretion of the Political Department in its relations with Indian
States. They had been hoping that they would be given more
independence from the Political Department.
On the occasion of the First Round Table Conference held in
London in 1930, the Indian Princes accepted the proposal for the
creation of an All-India Federation in which both British India


## p. 906 (#950) ############################################

906
THE INDIAN STATES SINCE 1919
Provinces and the Indian States were to be brought together. On
the first day of the plenary session of the Conference, Sir Tej Baha-
dur Sapru declared himself decisively for a federal system of Gov-
ernment at the Centre and he invited the Indian rulers to agree to
the creation of an All-India Federation. His contention was that
the Indian rulers would be a stabilising factor in the federal set up
and their adherence would enable the process of national unifica-
tion to begin without delay. British India would benefit from
their experience in the matter of defence. Sir Mohd. Shafi and
M. A. Jinnah welcomed the idea of an All-India Federation. The
Maharaja of Bikaner identified himself with the aspirations of
British India “with passion for an equal status in the eyes of the
world, expressed in the desire for dominion status which is the
dominant force amongst all thinking Indians to-day. ” He gave an
assurance that the Indian rulers would come in provided their
rights were guaranteed. The Nawab of Bhopal declared: “We
can only federate with a self-governing and federal British India. ”
The Indian National Congress had not been represented in the
first Round Table Conference and consequently, an attempt was
made soon after the first Round Table Conference to come to a
compromise with the Congress which was carrying on the Civil
Disobedience Movement. The Gandhi-Irwin Pact was signed in
March 1931 and Gandhiji attended the Second Round Table Con-
ference on behalf of the Congress. Gandhiji was not opposed to
the federal idea but he was against dyarchy at the centre even for
the transitional period. He asked for complete control over def-
ence and external affairs. He stood for full responsible Govern-
ment at the centre. That demand was not accepted by the British
.
Government. At the end of the Second Round Table Conference,
Prime Minister Ramsay Macdonald declared: “The great idea of
an all-India federation still holds the field. The principle of a res-
ponsible federal government, subject to certain reservations and
safeguards through a transition period, remains unchanged. And
we are all agreed that the Governors' provinces of the future are to
be responsibly governed units, enjoying the greatest possible mea-
sure of freedom from outside interference and dictation in carrying
out their own policies in their own sphere. "
The Third Round Table Conference met in 1932 but it was not
attended by any important Indian ruler. The Viceroy was asked
to explain to the individual rulers the federal scheme and secure
some indication of their views in order to prepare a favourable
atmosphere for the reception of the White Paper which the British
Government intended to publish concerning the constitutional pro-
posals. In March, 1933, the White Paper containing the propo-


## p. 907 (#951) ############################################

GOVERNMENT OF INDIA ACT & INDIAN STATES 907
sals of the British Government with regard to India was published
and in April, 1933, a Joint Select Committee of both Houses of
Parliament was appointed to consider the future Government of
India with special reference to the White Paper proposals.