The Lapse of Paramountcy: Unraveling the British Dominance in India - Delhi Police Constable PDF Download

Introduction

In the complex landscape of a federalist state, the concept of paramountcy emerges as a pivotal judicial premise that reconciles contradictory or competing laws. In the context of British rule in India, the doctrine of lapse, developed by Lord Dalhousie, the governor-general of India from 1848 to 1856, played a significant role in shaping the continuity of Hindu Indian states.

Understanding Paramountcy

Paramountcy refers to the legal principle in a federalist state where both the federal government and regional or local authorities possess the authority to enact laws on the same subject. In such a scenario, paramountcy grants preference to the regulations of one government over those of another, establishing a hierarchy of laws.

The Doctrine of Lapse: Historical Context

Lord Dalhousie introduced the doctrine of lapse to address concerns about the continuity of Hindu Indian states. Under Hindu law, rulers without biological heirs could designate a child to inherit their personal and political property. However, Dalhousie asserted the central power's authority to accept these foster parents and govern in their absence, effectively rejecting immediate adoptions and facilitating British control over territories without a natural or chosen successor. The key points of the doctrine of lapse were as follows:

• Abolition of status and pension for dependent monarchs.
• Expansion of British territory throughout India based on an imperialist stance.
• States without a legitimate successor should be annexed by the British.
• The emperor's possessions would be passed down to a chosen successor.
• Foster children of monarchs were denied titles and pensions as they could not inherit the throne.

Phases of British Dominance in India

The British pursued their dominance in India through distinct phases, each marked by different strategies and approaches.

• The First Stage: During the early years of British involvement in India (1757-1813), they adopted the "Ring Fence" strategy to avoid interference in other territories while strengthening their influence in specific regions. This allowed the English to gradually emerge as the dominant power in India.
• The Second Stage: In the later phase (1813-1858), the British shifted from the cooperative approach to a more aggressive stance of conquest. Lord Dalhousie played a crucial role during this time by employing the doctrine of lapse to annex Punjab and ten other states. The British gradually asserted their authority over princely India, culminating in the annexation of Awadh due to alleged improper governance.
• The Third Stage: Following the Indian Rebellion of 1857, the British adopted a new strategy of subordinated unity, which lasted until 1947. They abandoned the policy of annexation and chose to protect the original states. This shift in strategy reflected the realization that maintaining local states was more beneficial than outright colonization.