Re: [aaykarbhavan] Who betrayed Sardar Patel? ARVIND P. DATAR - source The Hindu 19-11-2013

Who is master of all ? Difficult to say and identify from all of those?????

C A Shah D J
India

On Thursday, 21 November 2013 9:38 PM, Madan Uppal <madiblr@yahoo.com> wrote:

 

Brilliant . Even sovereign pledges have no value and this as usually happens where greedy looters are involved.

On Tuesday, November 19, 2013 8:56 PM, CS A Rengarajan <csarengarajan@gmail.com> wrote:

Dear all

Article written by Mr.Arvind P Datar  Senior Advocate  Madras High
court appeared in today  The Hindu

Kindly go through the same.

Regards

Who betrayed Sardar Patel?  ARVIND P. DATAR

Sardar Patel persuaded the Constituent Assembly to guarantee payment
of Privy Purses and preserve the rights of the erstwhile rulers. But
the Congress betrayed him.

In the recent media coverage on Sardar Vallabhbhai Patel, there was
not one word about the greatest insult to his memory: the abolition of
the Privy Purses, first by a Presidential Order and, later, by a
constitutional amendment.

Article 1 of the Constitution states that India, that is, Bharat,
shall be a Union of States. No person can claim greater credit for the
creation of Bharat than Sardar Patel, ably assisted by V.P. Menon
(Constitutional Adviser to Lord Mountbatten). In 1947, princely states
numbering 555 covered 48 per cent of the area of pre-Independent India
and constituted 28 per cent of its population. Legally, the princely
states were not a part of British India and the people of these states
were not treated as British subjects. But, in reality, they were
completely subordinate to the British Crown.

The Indian Independence Act, 1947, provided for the lapse of
paramountcy of the British Crown over the Indian states. Each ruler
had the option to accede to the dominion of India or to Pakistan, or
continue as an independent sovereign mini-state. The rulers were often
seen, perhaps rightly, as lackeys and stooges of the British Empire.
Even in the "mutiny" of 1857, many of them actively assisted the
British. Lord Canning acknowledged their role as "breakwaters in the
storm which would have swept over us in one great wave." From the
beginning, therefore, several members of the Congress were totally
opposed to the payment of Privy Purses.Integration

The tireless efforts of Sardar Patel and V.P. Menon resulted in the
princes agreeing to the dissolution of their respective states. They
surrendered several villages, thousands of acres of scattered jagir
land, palaces, museums, buildings, aircraft, and cash balances and
investments amounting to Rs.77 crore. In addition, there was the
railway system of about 12,000 miles which the states surrendered to
the Centre without receiving any compensation.

In consideration of their agreeing to integrate with India, the
princes were to be paid a Privy Purse, which was approximately 8.5 per
cent of the annual revenue of each princely state. The amounts varied
from Rs.43 lakh a year to the Nizam of Hyderabad to just Rs.192 a year
to the ruler of Katodia. Of the 555 rulers, 398 were to get less than
Rs.50,000 a year. The total cost to the Indian exchequer in 1947 was
Rs.6 crore, which was to be progressively reduced. At the time of
abolition in 1970, the total amount payable to all the erstwhile
princes was just Rs.4 crore a year.

On October 12, 1949, Sardar Patel persuaded the Constituent Assembly
to include Articles 291 and 362 in the Constitution to guarantee the
payment of Privy Purses and also preserve the personal rights,
privileges and dignities of the rulers. His brilliant speech bears
clear testimony to his statesmanship and deserves to be carefully
read:

"The privy purse settlements are, therefore, in the nature of
consideration for the surrender by the rulers of all their ruling
powers and also for the dissolution of the States as separate units …
Need we cavil then at the small — I purposely use the word small —
price we have paid for the bloodless revolution which has affected the
destinies of millions of our people? …

"The capacity for mischief and trouble on the part of the rulers if
the settlement with them would not have been reached on a negotiated
basis was far greater than could be imagined at this stage. Let us do
justice to them; let us place ourselves in their position and then
assess the value of their sacrifice. The rulers have now discharged
their part of the obligations by transferring all ruling powers by
agreeing to the integration of their States. The main part of our
obligation under these agreements is to ensure that the guarantee
given by us in respect of privy purses are fully implemented. Our
failure to do so would be a breach of faith and seriously prejudice
the stabilisation of the new order."

He also informed the Assembly that if the cash received from the
rulers of Madhya Bharat alone were invested, the interest would cover
the payment of Privy Purses to all the princes. Nobody but Sardar
Patel and V.P. Menon could have negotiated such a settlement with
them. After Patel's death, there were repeated demands to abolish the
Privy Purses, but Pandit Jawaharlal Nehru refused to do so. Appalled
at these demands, Menon remarked: "As an honourable party to an
agreement, we cannot take the stand that we shall accept only that
part of the settlement which confers rights on us, and repudiate or
whittle down that part which defines our obligations. As a nation
aspiring to give a moral lead to the world, let it not be said of us
that we know the 'price of everything, and the value of nothing'."

Privy Purses case

In the 1967 election, several rulers had joined the Swatantra Party
headed by C. Rajagopalachari, and many of them defeated Congress
candidates. Indira Gandhi was, therefore, determined to abolish the
Privy Purses. On June 25, 1967, the All India Congress passed a
resolution to abolish them. The Constitution (Twenty-fourth Amendment)
Bill, 1970 was introduced and passed in the Lok Sabha by a majority of
332:154 votes, but it was defeated in the Rajya Sabha by 149:75.
Having failed in Parliament, Indira Gandhi asked President V.V. Giri
to derecognise all the rulers. This derecognition was successfully
challenged by N.A. Palkhivala before the Supreme Court in the historic
Privy Purses case. Indira Gandhi's landslide victory in the 1971
election enabled her to amend the Constitution that abolished the
Privy Purses and extinguished all rights and privileges of the rulers.
In Parliament, Indira Gandhi stated that the concept of Privy Purses
and special privileges were incompatible with an "egalitarian social
order."

Thus, just 20 years later, the Congress Party, of which Sardar Patel
was a member, betrayed the solemn constitutional guarantee given to
the rulers by the Constituent Assembly. It was primarily on the
assurance of Sardar Patel that the rulers signed the Instruments of
Accession that created a united India.

In the end, the abolition of Privy Purses will remain one of the most
shameful events in our constitutional history. The nation saved Rs.4
crore annually but lost its honour. It is equally regrettable that
neither the Janata Party in 1977 nor any subsequent non-Congress
government did anything to redeem Patel's pledge. What purpose will,
then, be served by spending Rs.2,500 crore to build the tallest statue
in his memory?

(Arvind P. Datar is a senior advocate of the Madras High Court.)

http://www.thehindu.com/opinion/op-ed/who-betrayed-sardar-patel/article5364860.ece?homepage=true

--

CS A Rengarajan
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