What PM Jawaharlal Nehru refused to do despite repeated demands by many during his premiership his daughter PM Indira Gandhi did for the sake of her populist politics. It was a clear breach of faith. Her “uncle” Vallabhbhai Patel committed the “small” Privy Purses to the rulers of the Princely States and even the Constituent Assembly had unanimously committed to the rulers of India while merging their States with India, Prime Minister Mrs. Gandhi through the ordinance and constitutional amendment snatched away from all the titular rulers. The All India Congress Committee had passed a Resolution on 25 June 1967 for the abolition of Privy Purses, The Union Home Ministry organized six conferences between 3 November 1967 and 8 January 1970 apart from informal consultations on the intention of withdrawing the recognition of Rulers and stoppage of their Privy Purses and privileges.
It was a phase the popularity of PM Indira Gandhi was going down, she was dependent on the leftist elements to run her government after 1967 elections results, the Congress leaders like Rajmata Vijaya Raje Scindia of Gwaliar deserting her to form the Sanyukta Vidhayak Dal Governments in at least nine states though short lived and the split in her ruling Congress in 1969 when rightist forces opted to align with Morarji Desai. A Bill was moved in the Lok Sabha entitled the Constitution (Twenty Forth Amendment) Bill, 1970. It consisted of just three clauses with a short statement of Objects and Reasons. The latter recited: “The concept of Rulership with Privy Purses and Special Privileges unrelated to any current functions and social purposes is incompatible with an egalitarian social order. Government have therefore decided to terminate the Privy Purses and Privileges of the Rulers of the former Indian States. Hence, this Bill. Y. B. Chavan 14.5.1970.”
The President V. V. Giri addressed the Joint Session of Parliament. The Resolution passed in the Rajya Sabha. The Bill originally didn’t state when the Act would come into operation but in the Lok Sabha an amendment was accepted by which it was to come into force from 15 October 1970. The Bill was passed in the Lok Sabha omitting certain clauses in the Articles 291, 363 and 366. It was passed in the Lok Sabha on 2 September 1970, 332 votes being in favour and 154 against it. The Rajya Sabha considered the Bill on 5 September 1970 but it failed to get the majority requisite for the purpose, 149 voting for and 75 against, failing short of not less than 2/3 of the members present and voting as required under Article 369 by just a fraction of a vote. It was defeated in the Rajya Sabha.
The same evening the Cabinet met and decided to advise the President to withdraw the recognition of the Rulers. The same night the President signed in his camp at Hyderabad, purporting to act under Article 366 (2), an Instrument or Instruments withdrawing recognition of all the Rulers. On 11 September 1970, “Maharajadhiraj of Gwalior” Madhavrao Scindia and some other Rulers filed in the Supreme Court under Article 32 of the Constitution, petitions as test cases claiming the Presidential Order to be unconstitutional, mala fide, ultra vires and void and for quashing it. By a majority of 9 judges to 2, the Supreme Court allowed the petitions, declaring the Orders made by the President on 6 September 1970 illegal and on that account inoperative and that the petitioners would be entitled to all their pre-existing rights and privileges, including the right to the Privy Purses as if the Orders had not been made. The Supreme Court judgment was delivered on 15 December 1970.
In the following Lok Sabha elections the ruling party was returned to power with an overwhelming majority and PM Smt. Gandhi’s government brought the Constitution (Twenty Sixth Amendment) Bill for the omission of the recognition granted to the Rulers and the Privy Purses to be abolished. The Bill was passed receiving the requisite majority in each of the House of Parliament. It received the President’s assent on 28 December 1971. Various other amendments were also brought in and as V.P. Menon states: “Thus was the curtain rung finally on the princely order, privy purses and privileges.” It was the question of paying only Rs.4 Crore per annum as Privy Purses to the Princely rulers where as present day new rulers i.e. Members of Parliament are drawing not less than Rs. 24 Crore every year and if you add state assemblies and councils’ members, the amount runs in hundreds of crore!
Next Column: Privy Purses to the Rulers in Pakistan
Photo Line:
Adversaries in the Privy Purse Abolition Case: “Maharajadhiraj” Madhavrao Scindia with Prime Minister Indira Gandhi. Also seen are “Maharani” Madhavi Raje, wife of Madhavrao, and his son Jyotiraditya. (Courtesy: Free Press Journal)
