FEDERAL INDIA

Evening Star, Issue 22448, 19 September 1936, Page 12

FEDERAL INDIA

ACCESSION OF THE STATES A provisional draft of the Instrument of Accession to be executed at the option of each individual ruler of an Indian State was published in Command Paper 4,843 in March, 1935. ■lt has since been revised in the light •of the Government of India Act, 1935, and of the various _ criticisms' upon it; and a revised form is now being circulated to Indian States with a view to early discussions with the rulers. It has now been made public, says ‘ The Times.’ By the first operative clause of this draft Instrument a Ruler declares: — “ Subject to His Majesty’s acceptance of this Instrument I accede to the Federation of India, as established under the Government of India Act, I'93S, with the intent that His Majesty the King, the Governor-General of India, the Federal Legislature, the Federal Court, and any other Federal authority established' for the purposes of the Federation shall, by virtue of this, my Instrument of Accession, but subject always to the terms thereof, and for the purposes only of the Federation. exercise in relation to the State of . . such functions as may be vested in them by or under the Act.” Under further clauses the Ruler assumes the obligation of ensuring that due effect is given to the provisions ol the Act within his State as far_ as they are applicable therein by virtue of the Instrument. He accepts the First Schedule of the Instrument as specifying the matters with respect to which the Federal Legislature may make laws for the State, and the limitations to which such power of the Federal Legis'-tc« and the exercise of the expci + i', c authority of the Federation jn the State are to be subject.

i LAWS OF THE LEGISLATURE. The particulars to enable due effect to be given to the provisions of sections 147 and 149 (concerning remission of States’ contributions and payments to States charged on Federal revenues) are set forth in the Second Schedule. References in the Instrument to laws of the Federal Legislature are defined as applying also to ordinances promulgated, Acts enacted, and laws made by the Governor-General of India under sections 42 to 45 of the Act. The Ruler declares further:— “ Nothing in this Instrument affects the continuance of my sovereignty in and over this State or, save as provided by this Instrument, or by any law of the Federal Legislature made in accordance with the'terms thereof, the exercise of any of my powers, authority, and rights in and over this State. “ Nothing in this Instrument shall ba construed as authorising Parliament to legislate for or exercise jurisdiction over this state or it« Ruler in any respect. “No amendment of the Act shall, unless it is accepted by the Ruler of this State in an instrument supplementary to this Instrument, extend the functions which, by virtue of this Instrument, are exercisable by His Majesty or any Federal authority in relation to this State.” The Instrument is to be binding from the date on which the King-Em-peror signifies his acceptance of it. Finally, the Ruler declares that he executes thfe Instrument for himself, his heirs, and successors.