From
Maharaja Jam Saheb of Nawanagar to Sir H. Craik
June 1, 1942
Legal Document No
76
(Extract)
The
Indian Princes have no desire to raise any
controversial issues in the duration of the war and
wish to concentrate all thought and energy on ensuring
a speedy and decisive victory. Accordingly, as you are
aware, it has been my policy as Chancellor to postpone
all avoidable matters which have no direct bearing on
war effort and which may be inconvenient to meet at
this juncture. Nevertheless, certain recent
happenings, arising out of the Cripps Mission, have
caused, and are bound to accentuate, grave anxiety to
the Princes and their loyal subjects, and have
occasioned intense feeling of profound disappointment
in the States. These developments, I must state in all
frankness, have been a particular shock to the Indian
Princes who feel special personal attachment to His
Majesty the King Emperor, and have full faith in
Britain's respect for Treaties and in the bonafides of
His Majesty's Government and High Excellency the Crown
Representative. I feel confident that it could not
have been the intention of His Majesty's Government to
create an impression which unfortunately has been
created and is being exploited by those who are
opposed to war effort and who wish to put a damper
even on the unconditional and spontaneous war effort
of the States. Accordingly, I deem it my duty to State
briefly but in all frankness the more important of
these points, so that you may submit them to His
Excellency the Crown Representative with the request
that he may urge upon His Majesty s Government the
necessity of reassuring tile States, unequivocally and
without delay, on these points and thereby dispel the
misgivings which are apt to do great harm.
- the Indian Princes regard their Treaties and Engagements
and the protection guaranteed thereunder as the
sheet-anchor of their relationship with the
British Crown;
- the scrupulous respect for these Treaties and Engagements
has been solemnly assured to the States by Her
Majesty the late Queen Empress Victoria, by the
Emperors who succeeded her and by successive
Viceroys on behalf of His Majesty's Government;
- His Excellency the present Viceroy also has, in
his public addresses as also in private
conversations, repeatedly assured us of the
scrupulous respect for the Treaties and
Engagements which bind the Indian Princes and
their loyal subjects to their beloved King
Emperor. Moreover, the Indian Princes have been
inspired by the fact that His Majesty's Government
has gone to war for the High principle of
Civilisation which specifically include respect
for Treaties and Engagements;
- it was, therefore, that the Indian Princes noted
with particular satisfaction that the Declaration
of August 1940 as elucidated authoritatively in
Parliament by the Secretary of State for India was
intended specifically to ensure the Crown's Treaty
obligations to States. As. such, it has been a
great disappointment to the Indian Princes that
the new draft Declaration brought by Sir Stafford
Cripps which in the words of the Prone Minister,
sought to clothe with precision the Declaration of
August, l940, omits altogether the reference to
Crown's Treaty obligations to States which had
been one of the basic planks of all previous
Declarations relating to the constitutional
advance of India. This inexplicable and unexpected
omission, of the Crown's obligations to States, in
the Draft Declaration has not unnaturally caused
great misgivings in the minds of the Princes and
their loyal subjects. In fact it has openly been
asked whether the Princes were being ignored as
they had no nuisance value; while the Princes
themselves feel that their spontaneous and
unconditional war effort deserved better than the
deletion in the Draft Declaration of the express
guarantee of the Crown's obligations to them
assured in the Declaration of August 1940;
- moreover, it has given occasion to Pandit
Jawaharlal Nehru and others to declare publicly
with great flutter that these Treaties must be
scrapped, and in fact he (Pandit Jawaharlal Nehru)
has recently gone to the extent of declaring that
those who talk of Treaties with Indian States are
"Lunatics, knaves or fools". He appears
to have forgotten the lesson of which was reminded
in a published statement by my Secretary that even
the "All Parties Report, prescribed over by
the late Pandit Moti Lal Nehru (father of Pandit
Jawaharlal Nehru) and signed among others by the
Rt. Hon'ble Sir Tej Bahadur Sapru specifically
recognised that the States' Treaties must be
respected in any future constitution of India:
- it is significant that the Draft Declaration
makes special mention of the protection of
"racial and religious minorities and in
referring to this point Sir Stafford in his recent
statement in the House of Commons stated that:
" In view of our pledges, we could not leave
the minorities to reply upon this alone. We,
therefore, inserted an express clause as to the
treaty governing minority protection which will be
found in paragraph c (ii) of the Draft
Declaration." The States are surely entitled
to claim even more minorities that the Solemn
undertakings with them must be scrupulously
respected, particularly as they hove the honour of
alliances and friendship with the British Crown
and have consecrated it by their unconditional
assistances and cooperation in all crises which
faced the Empire:
- in this connection, attention may be invited to
the provision at the end of clause (c) of the
draft Declaration: "Whether or not an Indian
State elects to adhere to the constitution it will
be necessary to negotiate a revision of its Treaty
arrangements so far as this may be required in the
new situation." This statement has created
the impression that it is proposed to have a
compulsory revision of Treaty arrangements whether
or not the States concerned consent to such
revision. In later elucidation we were told that
this provision was intended to apply to economic
matters of common concern to British India and the
States, but this has not been clearly stated in
the Declaration itself. Moreover, even if it be
so, it is obvious that the objective in view could
be secured by negotiating supplemental Treaties
with regard to these economic matters arising out
of the new Constitution without affecting or
revising the whole of the original Treaties or
Engagements. Besides it should be made clear that
the execution of these supplement treaties would
obviously be subject to free consent of the States
concerned;
- apart from consideration of Treaty obligations
and faith in plighted word which bind the British
Crown and the Princes in relationship which is
inviolate, and inviolable, the Princes are imbued
with genuine and deep loyalty to the person of His
Majesty the king Emperor. As such, I personally
and many others who share my views decline to
believe that the Crown wishes to give up its
obligations to States or has no further use of
them or finds their alliances. their loyal
cooperation, services and assistance of no value,
or that the Crown is advised that it will not be
in a position effectively to discharge its
obligations towards States;
- nevertheless some of these recent utterances
have caused grave concern and personal shock to
many of us, and it is fell that if matters are
left as they are in the present position, they are
bound; to have serious repercussions on the
younger and future generations of Princes, a
consequence which must be deplored in the
interests of the British Commonwealth of Nations
as much as in the interest of India and the
States. Moreover, the situation is already being
exploited by some of the British Indian Political
Parties who are hostile to the British connection;
in view of the aforesaid consideration, I would
urge with all the emphasis at my command that the
earliest opportunity may be utilised to ensure the
States through an authoritative statement on
behalf of His Majesty's Government, that the
British Government stands true to, and firmly by,
its Treaty obligations to the States and will
continue to protect them according to these solemn
obligations.
Let me also refer briefly to a few other factors which
have contributed to the aforesaid anxiety of the
Princes, I am citing them in the confident hope that
the view point of the Princes will be kept in view if
and when similar circumstances recur again;
- certain important matters relating to Defence
were discussed in connection with the Cripps
Mission, and representatives of the Congress and
Muslim League were brought in consultation with
His Excellency the Commander-in-Chief to evolve
proposals connected with the appointment of an
Indian Defence Member. You will appreciate, that
both under their Treaties, and otherwise the
States are vitally concerned in this matter, and
yet in these negotiations the States have entirely
been ignored;
- various important references, made in connection
with the Cripps Mission both in India and in the
House of Commons, have been confined to British
India and Indian leaders as if the Indian States
did not matter. So much so, that it was stated
that representatives of certain parties, and
communities, which were specifically mentioned,
had expressed their readiness to stand by Great
Britain in tile defence of their country. No
reference to the spontaneous and unconditional
support off the Indian Princes and their loyal
subjects was made in this authoritative statement
by the Lord Privy Seal;
- throughout the R.T.C. and previous
constitutional discussions, the Rulers and their
Ministers were treated by His Majesty's Government
and their representatives as they should be
treated as the sole accredited representatives of
the States. This time however, presumably through
the efforts of Pandit Jawarharlal Nehru and
others, Sir Stafford Cripps received a British
Indian as representative of the so-called State
Subjects Conference, which is an adjunct of the
Congress and generally speaking is a self-assumed
tribune of the very small minority of disgruntled
elements in the Indian States. We do not know
whether this step was taken with the concurrence
of His Majesty's Government, but at any rate it
has placed the Princes in a very- awkward position
vis-à-vis their loyal subjects. In this
connection, it may be pointed out that even the
All Parties Report of 1928 to which reference has
been made in sub-pare (e) of Para I above
recognised "that the Rulers of the Indian
States alone represent their governments,"
- it seems authoritatively indicated that once a
State adheres to the proposed Indian Union it will
have to remain there even if the Union should
declare itself a Republic, or decides to break
away from the British Empire, or decrees that
monarchical rule in tile States should be replaced
by Republics
- we have been told that the proposed constitution
making body would be free to discuss internal
affairs of the States, though on previous
occasions it was clearly understood that
constitutional discussions wilt be limited to
matters of common concern to British India and the
States which appertain to the Centre. In this
connection, let me invite intention to the resolution
passed unanimously at the last session of the
chamber of Princes and the relevant extracts from
my speech in moving the aforesaid Resolution which
would show that the Indian Princes arc sympathetic
to, and are prepared to make every reasonable
contribution for the constitutional advance of
India. They desire. however, that they should be
kept free from purely British Indian controversies
and that British India should not interfere with
the internal affairs of the States;
- during the Cripps Negotiations reference has
been made to only a representative of India on the
Imperial War Cabinet, and the names of certain
British Indian leaders were openly canvassed for
it. In this connection, it may be pointed out that
in the Imperial War Cabinet and Conference of 1917
as also at the Peace Conference of 1919, both
Indian States and British India were separately
represented.
IV. It is appreciated that in the interests of India
and the Empire as a whole, a single Union would
undoubtedly be the best solution of India's
constitutional problem; at the same time, it may be
that unforeseen circumstances may compel a large
number of States or groups of States not to adhere to
the new Union. Accordingly, the States Delegation
asked Sir Stafford Cripps that in that contingency,
the non-adhering States should be accorded the option
of having a union of their own with full sovereign
status in accordance with a suitable and agreed
procedure devised for the purpose. It was pointed out
that provision to that effect had been made for
non-adhering Provinces. We were told that this
eventuality had not been considered in connection with
the Draft Declaration. This shows that apart (far ?)
from receiving treatment better than the Provinces to
which the States are entitled on constitutional and
historic grounds, they were not being treated even on
par with the Provinces in respect of future
constitutional developments.
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