Lapse of Paramountcy under the Indian Independence Act - Delhi Police Constable PDF Download

Introduction

Section 7(l)(b) of the Indian Independence Act, 1947, played a pivotal role in bringing about the lapse of suzerainty of the British Crown over the Indian States. Let's take a closer look at this key provision:

"7. (1) As from the appointed day—

(b) the suzerainty of His Majesty over the Indian States lapses, and with it, all treaties and agreements in force at the date of the passing of this Act between His Majesty and the rulers of Indian States, all functions exercisable by His Majesty at the date with respect to Indian States, all obligations of His Majesty existing at that date towards Indian States or the rulers thereof, and all powers, rights, authority, or jurisdiction exercisable by His Majesty at that date in or in relation to Indian States by treaty, grant, usage, sufferance or otherwise; and Provided that notwithstanding anything in paragraph (b). . . of this sub-section, effect shall, as nearly as may be, continue to be given to the provision of any such agreement as is therein referred to which relate to customs, transit and communications, posts and telegraphs, or other like matters, until the provisions in question are denounced by the Rulers of the Indian States. . . on the one hand, or by the Dominion or Province or other part thereof concerned on the other hand, or are superseded by subsequent agreements."

With the enactment of this provision, the British Crown's paramountcy over the Indian States came to an end. All treaties, agreements, functions, obligations, and powers held by the Crown in relation to the Indian States were relinquished. However, certain agreements relating to specific matters continued to be honored until they were duly denounced or replaced by subsequent agreements.

Indian States' Response and Accedence

• In the wake of the lapse of paramountcy, the Indian States were faced with a momentous decision — to maintain their existence as separate entities or to accede to either of the two Dominions of India and Pakistan. Many of the States quickly realized that independence from the rest of the country was no longer tenable, and it was in their best interests to align with one of the dominions.
• By the 15th of August 1947, all Indian States situated within the geographical boundaries of the Dominion of India, except Hyderabad, Kashmir, Bahawalpur, Junagadh, and the N.W.F. States (Chitral, Phulra, Dir, Swat, and Amb), had already acceded to the Dominion of India.

Challenges Faced by the Government of India

With the accession of the Indian States to the Dominion of India, the Government faced a two-fold challenge:

Shaping the Indian States into Viable Administrative Units

To ensure efficient governance and administration, the Indian States needed to be integrated into sizeable and viable administrative units. This integration process, popularly known as the "Patel scheme" after Sardar Vallabhbhai Patel, the Minister in-charge of Home Affairs, aimed to create a cohesive and functional system.

Fitting the Indian States into the Constitutional Structure

The second challenge involved aligning the Indian States with the newly emerging constitutional structure of India. As the nation embarked on its journey as an independent country, it was crucial to find a suitable place for the Indian States within the broader constitutional framework.

Conclusion

The lapse of paramountcy under the Indian Independence Act of 1947 marked a significant milestone in India's struggle for independence and paved the way for the integration of the Indian States into the Dominion of India. This transformational period demanded careful considerations and strategic decisions to shape the administrative landscape and fit the States into the emerging constitutional structure. The outcome of these efforts played a vital role in shaping the course of India's future as a united and sovereign nation.