Berar

BY V. P. K. NAMBIAR, B.L.

A few months ago the appointment of Sir M. Venkatasubba Rao, Ex-Judge of the Madras High Court, as Agent to H. E. H. the Nizam in the Government of Central Provinces and Berar under Article 11 of the Settlement of October 1936 was announced. The appointment brings to the fore the importance of Berar in the constitutional history of India, and the extent of the sovereignty of the Paramount Power over the Indian States. To appreciate fully the new settlement, the political history of Berar in brief may be profitably reviewed.

The Berar originally formed part of the Nizam’s Dominions but it has been in the hands of the British since 1853. In the 19th century, following the political unrest in South India, the Maharattas were frequently invading Hyderabad. To prevent their wild incursions, the Nizam requisitioned the services of the British troops. When the troops were despatched, it was agreed that while on duty their pay and emoluments should be met from the State treasury. The army could not be withdrawn inasmuch as the Maharatta depredations became a permanent feature of Hyderabad history. Consequently, their pay swelled to an enormous extent which, due to the depleted finances, the Nizam found it impossible to meet. Thereupon he mortgaged the Berar to the Government of India, reserving the right of redemption if and when the treasury improved. That never happened. In 1902, during the viceroyalty of Lord Curzon and in the regime of the father of the present Nizam, an agreement was entered into between the Government of India and the Hyderabad Durbar under the terms of which the territory was given as a permanent lease to the Government of India. The Nizam in return was to receive an annual subsidy of twenty-five lakhs of rupees.

The administration of Berar was rather peculiar. It was administered with, but not as a part of, the Central Provinces. Under the Montford Reforms, Berar was represented in the C. P. Legislature by 17 elected members who were formally nominated to the Council by the Governor to get over the constitutional difficulty inasmuch as the Government of India Act did not apply to that province. Bills which passed through the Central Provinces Legislative Council and became Acts for the Province were subsequently made applicable to Berar by the Governor-General in Council in exercise of his powers under Foreign Jurisdiction. And although the Governor-General in Council reserved full powers to legislate for Berar as he thought fit, in practice he has always been guided by the committee of seventeen elected members and others of the C. P. Legislature. The revenues of Berar were allocated to the Central Provinces Government as a source of provincial revenue, but under Devolution Rule 14 (2) the Central Provinces Government have full control over them but there is the proviso that due provision shall be made for the necessary expenditure in Berar.

In 1911, the present ruler of Hyderabad, Asaf Jha ascended the Mansad. Being a shrewd financier, and extremely frugal in his habits, he managed to hoard colossal wealth. During the viceroyalty of Lord Reading, he reopened the question of the retrocession of the Berar. He agreed to pay up the arrears of payment and requested for the retrocession of territory. That brought forth the famous reply of Lord Reading dated 27th March 1926, which later formed the ground of the Butler Report. A few sentences in that letter have become so famous that they may be quoted in extenso. Wrote Lord Reading: "The sovereignty of the British Crown over the Native States arises not only from treaty rights but exists independently of them, and no State can hope to negotiate on terms of equality with the Paramount Power. The internal, no less than the external, security, which the ruling Princes enjoy, is ultimately due to the protecting power of the British Government and, where imperial interests are concerned or the general welfare of a State is seriously and grievously affected by the action of its government, it is with the Paramount Power that the ultimate responsibility of taking remedial action. if necessary, must lie." No Viceroy since then has been so unsympathetically authoritarian in his utterances to the Princes. For the moment the Nizam was silenced and it looked as though the curtain had rung down over the question of retrocession.

But Asaf Jha did not leave matters there. In 1930 the Simon Commission published their Report. They recommended that, in any future constitution of India, the Indian States could not be ignored, and they visualised the future to be an All-India Federation consisting of autonomous British Indian Provinces and the Indian States. At the Round Table Conference which met in England in the autumn of 1930, the future constitution of India as an All-India Federation was accepted by the Home Government. In 1931 Lord Willingdon replaced Lord Irwin as Viceroy and Governor-General of India. The recrudescence of political unrest and the measures taken to combat the same alienated the Government of India in the eyes of many Indian publicists, and the Viceroy looked to the Indian States for support. Naturally, Lord Willingdon viewed with sympathy the aspirations of the Ruling Princes. The Nizam thought this to be the crucial moment to reopen the question of the Berar.

At the Second Round Table Conference in 1931, the delegate from Hyderabad. Sir Akbar Hydari, now the Rt. Hon. Sir Akbar Hydari, President of the Nizam’s Executive Council, declared that the vexed question of the Berar should be satisfactorily settled and there should be a clear demarcation of the sovereignty of the Paramount Power over that province. In December 1933 when Lord Willingdon visited Hyderabad, at the State banquet in his honour the Viceroy announced that, as a result of negotiations between the British Crown and Hyderabad Durbar, it had been agreed that the sovereignty of the Nizam over the Berar shall be reaffirmed, but how it was to be reaffirmed were details which were yet to be worked out. Before they were finally drawn up, Lord Willingdon’s term expired, and the Marquis of Linlithgow came out as Viceroy of India. On the 24th October 1936, an agreement was entered into between the Government of India and the Hyderabad Durbar under the terms of which the sovereignty of the Nizam over the Berar was deemed to have been reaffirmed. Some of the salient features of the Settlement may be noted:

1. The Berar shall continue to be administered by the Government of the Central Provinces as heretofore.

2. The Nizam shall continue to receive the annual subsidy of 25 lakhs of rupees.

3. The flag of His Exalted Highness the Nizam of Hyderabad and Berar shall fly side by side with the Union Jack in all Government buildings in Berar.

4. The heir-apparent to the Nizam shall be officially designated as the Prince of Berar and shall be recognised as such by the British Crown.

5. The Nizam shall have the Power to appoint an Agent of his in the Berar. He will have no Power to deal with the internal administration of the Berar except to watch the same on behalf of the Nizam’s Government.

6. The Nizam shall be consulted before the selection is made of the future Governors of Central Provinces.

7. The Governor of Central Provinces shall be required to attend the ceremonial durbars held by the Nizam as and when His Exalted Highness may notify.

Section 47 of the Government of India Act, 1935, enacted that, while the agreement is in force, the Berar and Central Provinces shall be administered together as one Governor’s Province, notwithstanding the continuance of the sovereignty of the Nizam over the Berar, and the Act shall be applicable to all Berari subjects, except for the purposes of any oath of allegiance.

Also, any provision made under the Act of 1935 with respect to the qualifications of the voters for the provincial legislature of the C. P. and Berar or voters of the Council of State shall be such as to give effect to any provision with respect to those matters contained in the agreement.

In the event of the agreement ceasing to have effect, the references in the Act to the Central Provinces and Berar shall be construed as references to Central Provinces.

A question may legitimately be asked whether the Settlement of October 1936 is a reaffirmation of the sovereignty of the Nizam and whether he has substantially gained anything. Perhaps the only point which the Nizam may be said to have gained is that His Exalted Highness has to be consulted regarding the selection of future Governors of the Central Provinces. It was announced, when the appointment of His Excellency Sir Francis Wylie in succession to the late Sir Hyde Gowan as Governor of Central Provinces was made, that the Nizam had been consulted, according to the terms of the Settlement. But does it mean that the Nizam has an effective voice in the selection of the person? Can he insist on having his own candidate for the gubernatorial ‘gadi’ of the Central Provinces? If it is a mere formal consultation and automatic approval, the concession given appears to be a shadow, almost a legal nullity.

There is again the provision that the Governor should attend the ceremonial durbars. It was said that it is derogatory to the dignity of the King’s representative to attend ceremonial durbars. But even here, it is not quite clear as to how and when they are to be arranged, whether it is at the pleasure of His Exalted Highness or to suit the convenience of the Governor. Arguing ex hypothesi that a proposed ceremonial durbar synchronises with the visit of the Viceroy to the capital or when the Governor is away on tour in the interior, is he to attend it forthwith or plead inability to be present? These are some of the questions which the Settlement in actual working might unfold, but it must be hoped that the foresight and political wisdom of the Nizam will avert any ugly situation. The selection of Sir M. Venkatasubba Rao to the new post is quite appropriate. He has won laurels not only as an eminent Judge and jurist but as one whose munificence, generosity and sympathy with the needy know no bounds. That His Exalted Highness should have as his first Agent a Hindu from South India is a tribute both to the tolerance of the Ruler and to the wisdom of his choice.