Talk:Manipur

Semi-protected edit request on 20 January 2024

I need to add some data on the Notables part of the page Rangets (talk) 11:50, 20 January 2024 (UTC)

 Not done: it's not clear what changes you want to be made. Please mention the specific changes in a "change X to Y" format and provide a reliable source if appropriate. M.Bitton (talk) 12:24, 20 January 2024 (UTC)

Instrument of Accession and Merger Agreement

Kautilya3 Legality of Instrument of accession and Merger Agreement of Manipur is argued by many scholars, how is it NPOV if those view are ignored.

• First, Manipur was not a sovereign entity as on 11 August 1947. It regained its independence and sovereignty only on 15 August 1947 like all the princely states and the two Dominions, namely India and Pakistan. Hence, Manipur could not enter into such an Instrument, which assumed the form of an international treaty transacted between two sovereign states. Only a sovereign state can execute such an Instrument. Second, as on 11 August 1947, the ruler of Manipur was not a sovereign ruler. Even after Independence, the Maharaja had become a mere constitutional head of the state with all the powers and responsibilities transferred to the Manipur State Council since 1 July 1947.

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• Signing of Instrument of Accession is like signing of a Treaty between two sovereign countries and the procedure should follow the International laws.It is a fact that signing of the Instrument of Accession was executed before the Dominion of India came into existence. On 11th August, 1947 India had not yet become independent and the Dominion of India did not come into existence. Thus the two documents of the Standstill Agreement and the Instrument of Accession signed by the Maharajah should not be taken as valid since these were signed before creation of dominion of India.The Instrument of Accession signed by Maharaja Bodhchandra of Manipur on 11 August was never approved by the Manipur State Council in 1947 or ratified by the Manipur State Legislative Assembly in 1948 and therefore not valid since he had already become the constitutional ruler since 26 July 1947. In case of Jammu and Kashmir , the Instrument of Accession was ratified on 15 February, 1954 According to the Government of India Act-1935 (6-9), immediately the Instrument of Accession has been accepted by Governor General, copies of the Instrument and His Majesty's acceptance thereof shall be laid before the Parliament and all courts shall take judicial notice of every such instrument and acceptance. But there are no records of the accepted copies of the Instrument of Accession of Manipur having laid down before the Parliament and all courts of India The signing of the Instrument of Accession by Maharaja Bodhchandra and acceptance by the Governor General were illegal and invalid in the eyes of international law.

Manipur was a princely state of India after 1891, but this state is quite different from the rest of other princely states with the dejure constitution and so on. The political status of Manipur after British handed over its adminstration to Manipur native after 14 August 1947 should not be ignored.

You said many scholar denied princely state were sovereign after 1947 but the instrument of accession itself stated in Clause (8) that nothing in the said Instrument affects the continuance of the Maharaja’s ‘sovereignty’ in and over the state[1] 🐲 ꯂꯨꯋꯥꯪ ^{ꯋꯥ ꯍꯥꯏꯐꯝ (talk)} 07:36, 28 April 2024 (UTC)

"Sovereignty" is a confusing term and it is used in different ways in different contexts. The mention of "sovereignty" in the Instrument of Accession has to be understood as having full powers to exercise law and order within the state. Sometimes, this is called "internal sovereignty". Full sovereignty is taken to mean, in addition to internal sovereignty, the freedom to have external affairs, ability to wage wars etc. All the princely states that signed the Instrument of Accession surrendered external sovereignty to the Dominion of India (or Pakistan, as the case may be), and so were not fully sovereign. .

From 1891 to 1947, Manipur did not have even internal sovereignty, because the British exercised "Paramountcy" to the fullest extent and completely ran the state in the Maharaja's name. With the British departure, the Paramountcy was removed and the Maharaja gained internal sovereignty. No other princely state in India had this problem, only Manipur.

Now, if some scholars claim that the Maharaja did not have sovereignty to sign the Instrument of Accession, they are being too clever for their own good. Legally, the position would be that it is between the Maharaja and the British. If the British allowed him to sign it, then he had the power to do so. Paramountcy is a flexible device, it doesn't have a hard and fast definition. It should also be remembered that Instrument of Accession was prospective, which took effect only after the British departure on 15 August 1947. Hyderabad and Jammu and Kashmir were the only states in the Indian context that didn't sign the Instrument of Accession in advance. So they became fully sovereign on 15 August 1947, and both of them got invaded by India and Pakistan respectively. The ability to "wage war" also implies the ability to get invaded. -- Kautilya3 (talk) 22:21, 29 April 2024 (UTC)

If the native states were not independent or were not separate political entities, the necessity for executing the instrument would not have arisen.

as on 11 August 1947, the ruler of Manipur was not a sovereign ruler. Even after Independence, the Maharaja had become a mere constitutional head of the state with all the powers and responsibilities transferred to the Manipur State Council since 1 July 1947. The Maharaja of Manipur, in his inaugural address of the first Manipur State Assembly session held on 18 September 1948, had said the following words:

"I now bring to the notice of the people that I had transferred my powers and responsibilities other than those of a Constitutional Ruler of the State Council since 1st July, 1947 before the lapse of British paramountcy and since then, I have already remained as a Constitutional Ruler."

Furthermore, Section 9(b) of the Manipur State Constitution Act, 1947, would certainly dispel any doubt about the titular status of the Maharaja, which was expressedly stated thus: ‘The Maharaja means His Highness, the Maharaja of Manipur, the constitutional head of the state.’ The Maharaja in his capacity as the constitutional ruler could not execute the Instrument without proper authorisation and constitutional endorsement. This was simply on account of the fact that he was not a sovereign ruler and that Manipur was not a sovereign state then. Therefore, the act of signing the Instrument of Accession on 11 August 1947 by the Maharaja could not be considered an Act of the State. Hence, the Instrument was deemed null and void right from the moment it was executed. Now, another question that requires due attention is: could Manipur enter into the Instrument of Accession with the ‘Dominion of India’ on ’11 July 1947’? The answer is an absolute ‘No’. The Dominion of India came into existence only on 15 August 1947 with the adoption of the Indian Independence Act, 1947. Section 1 Clause (1) of the Independence Act states thus: ‘As from the fifteenth day of August, nineteen hundred and forty-seven, two independent Dominions shall be set up in India, to be known respectively as India and Pakistan.’ The Maharaja signed the Instrument of Accession on 11 August 1947, four days before the Dominion of India was set up. It is highly inconceivable that the Maharaja should accede to something that was yet to be born. For example, the Indian Dominion had never existed on or before 11 August 1947. Being so, it can be aptly said that the Maharaja acceded to a political non-entity. Therefore, it can be claimed that the Instrument was never executed in actuality. It was simply pre-judicial to execute the Instrument between two political entities which were yet to be born. The story of the Instrument of Accession was a mere political fiction scripted and enacted by the Indian leaders to secure the integration of the native states.

Moreover, Manipur was still under British suzerainty at the time of signing of the said Agreement and the Dominion of India was yet to be born. It is, therefore, highly inconceivable that Manipur had agreed to transfer British paramountcy over to the Dominion of India without the knowledge and consent of the British parliament. The transfer of paramountcy, if any, could only be effected by a special imperial legislation enacted by the British Parliament. It is also pertinent to point out that the Agreement was merely a temporary arrangement and did not possess any permanent binding character. The Standstill Agreement is neither a Treaty of Accession nor a Merger Agreement. In case Manipur failed to accede to the Dominion of India within a reasonable timeframe, the Standstill Agreement naturally became redundant. And since the signing of the Instrument of Accession has been a failed exercise, as explained above, the Standstill

Agreement has no implications on the political status of Manipur

If IOA is an agreement that come into effect only after 15 August 1947, enactment of Manipur State Constitution Act 1947 surely precede this arrangement. Full reading of the Instrument of accession clearly shows Manipur is considered a sovereign entity in the agreement which is being argued by various scholars of the legality of IOA.

• " Nothing in this Instrument shall be deemed to commit me in any way to acceptance of any future constitution of India or to fetter my discretion to enter into arrangements with the Government of India under any such future constitution........Nothing in this Agreement includes the exercise of any paramountcy functions. " [2] 🐲 ꯂꯨꯋꯥꯪ ^{ꯋꯥ ꯍꯥꯏꯐꯝ (talk)} 08:16, 1 May 2024 (UTC)

References

"MANIPUR" listed at Redirects for discussion

The redirect MANIPUR has been listed at redirects for discussion to determine whether its use and function meets the redirect guidelines. Readers of this page are welcome to comment on this redirect at Wikipedia:Redirects for discussion/Log/2024 September 5 § Some overly capitalized redirects until a consensus is reached. Hey man im josh (talk) 14:10, 5 September 2024 (UTC)

Incorrect Link to source

Under Language template, the link to Mao Language link to a incorrect article. Ethiopia is in Africa and Manipur in India. 103.190.10.20 (talk) 23:29, 13 September 2024 (UTC)

 Done. Thanks for pointing it out. -- Kautilya3 (talk) 08:37, 14 September 2024 (UTC)

August 1947 to October 1949

As discussed in the article, the political status of Manipur State during the period from August 1947 to October 1949 is quite a debated topic both in term of legality and all...Manipur was a state before 1949, if instrument of accession was enough, there would not be a merger agreement reducing the state to a union territory when recognised as a part (territory) of Union of India in 1949. 🐲 ꯂꯨꯋꯥꯪ ^{ꯋꯥ ꯍꯥꯏꯐꯝ (talk)} 05:17, 13 October 2024 (UTC)

It was a princely state. All states signed acessions and later merger agreements. See Political integration of India. That is how India became a Republic. -- Kautilya3 (talk) 21:29, 13 October 2024 (UTC)

None of the other states of British Raj had a constitution enacted like Manipur State Constitution Act 1947 before (11-15 August) 1947. It might not be genuine to term it as princely state during this period when British colonial rule ceased to exist in the state. Manipur was a protectorate state of British Empire before 1891. It might be worth mentioning British did not annex Manipur to British India even after its victory in the Anglo-Manipur War. When British left Manipur and Indian Empire, the status of Manipur State revert to its status prior to 1891 ( which is definitely not a princely state ). 🐲 ꯂꯨꯋꯥꯪ ^{ꯋꯥ ꯍꯥꯏꯐꯝ (talk)} 05:57, 14 October 2024 (UTC)

The term "princely state" was not in use in 1891, but it developed later, probably in 1930s when Round Table Conference discussions happned. So, protectorate vs. princely state debate is not worthwhile. But what is true is that the British did not think "British paramountcy" applied to Manipur prior to 1891, but after 1891 they applied it in the most brutal fashion. So, when somebody says it "reverted to pre-1891 fashion", they mean that the "paramountcy" was removed. But modern India applied its own "paramountcy" in stages after 1947.

But all these things are besides the point. When a princely state signed the Instrument of Accession, it is deemed to have become part of the Indian Union. So, if we have a field that talks about "admission into the Union", it should be the date of accession, not the date of merger. -- Kautilya3 (talk) 13:47, 14 October 2024 (UTC)

For example, Jammu and Kashmir signed the Instrument of Accession during 26-27 October 1947, and it became part of the Indian Union, and India represented it in the United Nations. J&K never signed any merger agreeement. Hyderabad and Mysore also never signed any merger agreements. Merger agreements had only to do with the princely authority. They did not affect the status of the territory. -- Kautilya3 (talk) 13:55, 14 October 2024 (UTC)

In the case of Manipur, British protectorate state and princely state of Indian Empire since 1891 should have difference. As already discussed above , IOA for Manipur with Union of India is a debated topic of its legality....and ..this clause from IOA or standstill agreement, "Nothing in this Agreement includes the exercise of any paramountcy functions" rule out any form of paramountcy by either side until the controversial merger agreement of 1949 .J&K did not have a constitution enacted before its IOA is signed and it was signed after both entity ( J&K and India Union) become sovereign i.e after August 1947. ( no question of legal dispute unless under duress)🐲 ꯂꯨꯋꯥꯪ ^{ꯋꯥ ꯍꯥꯏꯐꯝ (talk)} 16:20, 14 October 2024 (UTC)

"Debatable" doesn't mean it didn't happen. Pakistan even deabted Jammu and Kashmir's accession in the United Nations. POV claims may exist for a number of reasons. They don't deny the realities.

... in July and August 1947 all of the princely states within the geographical orbit of India as distinct from that of Pakistan (except Hyderabad, Kashmir and Junagadh) "acceded" to India in accordance with the procedure laid down in the [Government of] India Act of 1935 as adapted and amended by the Government of the new Dominion of India.

That is all that matters. -- Kautilya3 (talk) 18:59, 14 October 2024 (UTC)

On 15 August 1947, with the lapse of the British India, Manipur became briefly independent, but later Manipur was annexed to India in 1949

Something that happened does not mean its valid or genuine, for example a student who cheated during exam is liable to be given fail by authority. The Maharajah's power to enter into treaty as sovereign entity ( as per IOA) is dubious as he ( a constitutional nominal head ) is under British paramount and legally binded by MSCA 1947, which is enacted before signing both IOA and SA. Also as per Indian Independence Act 1947, Section 7 (1) (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 that date with respect to Indian States, all obligations of His Majesty existing at that date towards Indian States or the rulers there of, 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" , i.e any treaties or agreement signed between British and Manipur state also ended or untenable, as for Dominion of India, it was not born legally until 15 August 1947. Merger agreement of 1949 itself is a debated topic, but it is indeed an annexation ( by using force) so, the date of joining or admission to Union of India which existed after 15 August 1947 should be the date of merger as corroborated by many scholars 🐲 ꯂꯨꯋꯥꯪ ^{ꯋꯥ ꯍꯥꯏꯐꯝ (talk)} 06:14, 20 October 2024 (UTC)

References