# White Paper on Indian States (1950)/Part 5/Formation of Unions/Madhya Bharat

Madhya Bharat
128. The United State of Gwalior, Indore and Malwa, otherwise known as Madhya Bharat, comprises 20 States in Central India including the major States of Gwalior and Indore. Linguistically, culturally, historically and economically the region forms a compact block. The position of the two major States of Gwalior and Indore, which had been recognised as viable units entitled to stand by themselves, rendered the problem of the integration of these States into one Union somewhat difficult. ​During the course of discussions it was found that there was a body of local opinion both at Gwalior and Indore opposed to the formation of one Union in which the identity of Gwalior and Indore would be completely merged. It was, therefore, suggested as a possible alternative to a single Union scheme that two Unions might be formed, one around Gwalior and the other around Indore. After giving the proposal due consideration the Government of India felt that from the point of view of geographical integrity as well as administrative efficiency, the balance of advantage was in favour of the immediate formation of one Union rather than two.
129. A Conference of the Rulers of Central India was accordingly held in Delhi on 20th, 21st and 22nd of April, 1948, and as a result of these discussions agreement was arrived at for the formation of one Union to be known as the United State of Gwalior, Indore and Malwa (Madhya Bharat). The following are some of the distinctive features of the Covenant forming this State:
(ii) The present Rulers of Gwalior and Indore will be the first Rajpramukh and the senior Up-Rajpramukh respectively during their life time.
(iii) The senior Up-Rajpramukh will also receive an appropriate allowance.
(iv) The privy purse of the Rulers of Gwalior and Indore has been fixed for the life-time of the present Rulers at a figure higher than the maximum fixed in other cases.
(v) In Central India there are a number of States whose population is predominantly Bhil. The Bhils are an extremely backward tribe and it was realised that it would be inexpedient to entrust them to the care of the new Government. It was, therefore, decided to treat those States where more than 50 per cent. population is of Bhils as Scheduled Areas and to confer the authority to make laws for the peace and good government of these areas on the Rajpramukh, subject to any directions or instructions that may from time to time be given by the Government of India.
​(vi) It has been provided that until other provision is made by an act of the Legislature of the United State, the right to resume Jagirs and to recognise the succession to the rights and titles of the Jagirdars will vest in the Rajpramukh.
130. The Covenant (Appendix XXXVII) was signed by the Rulers present at the Conference on 22nd April, 1948 and the State was inaugurated on 28th May 1948, by the Hon'ble Pandit Jawaharlal Nehru. Muhammadgarh, Pathari, Nimkhera, Jamnia and Rajgarh estates were integrated with Madhya Bharat by means of subsequent agreements entered into by the Chiefs concerned with the Rajpramukh (Appendix XXXVIII). The State comprises an area of 46,710 square miles with a population of over 7 millions and a revenue of about Rupees 80 millions.
APPENDIX XXXVII
THE COVENANT ENTERED INTO BY THE RULERS OF GWALIOR, INDORE AND CERTAIN OTHER STATES IN CENTRAL INDIA FOR THE FORMATION OF THE UNITED STATE OF GWALIOR, INDORE AND MALWA (MADHYA-BHARAT)
We, the Rulers of Gwalior, Indore and certain other States in Central India,
BEING CONVINCED that the welfare of the people of this region can best be secured by the establishment of a State comprising the territories of our respective States, with a common Executive, Legislature and Judiciary;
AND HAVING resolved to entrust to a Constituent Assembly consisting of elected representatives of the people the drawing up of a democratic Constitution for the State within the framework of the Constitution of India, to which we have already acceded, and of this Covenant.
DO HEREBY, with the concurrence and guarantee of the Government of India, enter into the following Covenant—
Article I
In this Covenant,—
Article II
(1) The Covenanting States agree—
(2) The terms of all the agreements of merger referred to in clause (b) of paragraph 1 of this Article shall be binding on the United State and shall be deemed to be part of this Covenant.
Article III
(1) There shall be a Council of Rulers consisting of the Rulers of the Covenanting Salute States, the Ruler of Kurwai and one Ruler to be elected from among themselves by the Rulers of the Covenanting Non-Salute States other than Kurwai.
Provided that no Ruler who is less than 21 years of age shall be a Member of the Council.
(2) The Council of Rulers shall elect at a meeting, one member of the Council to be the President, another to be the Senior Vice-President and two others to be Junior Vice-Presidents of the Council; and the President so elected shall be the Raj Pramukh of the United State:
Provided that the Rulers of the Covenanting Major States shall not take part in the voting for the election of either Junior Vice-President.
(3) For the purposes of the elections referred to in the preceding paragraph, every member shall have such number of votes as is equal to the number of lakhs in the population of his State as ascertained at the last preceding census (any fraction more than half a lakh being reckoned as one lakh and any other fraction being ignored), provided that every member shall have at least one vote.
(4) A Ruler elected as the President or as a Vice-President of the Council shall be entitled to hold office as such President or Vice-President, as the case may be, for a term of five years from the date on which he enters upon the duties of that office.
(5) Notwithstanding anything contained in the preceding paragraphs of this Article the present Rulers of Gwalior, Indore, Dhar and Khilchipur shall respectively be the first President, Senior Vice-President and Junior Vice-Presidents of the Council of Rulers, and shall enter upon the ​duties of their respective offices on the 11th day of May 1948: the said President and Senior Vice-President shall be entitled to hold office during their life-time, and the said Junior Vice-Presidents shall be entitled to hold office for a term of five years from the said date.
Article IV
(1) There shall be paid to the Raj Pramukh from the revenues of the United State a sum of Rs. 2,50,000 per year as consolidated allowance in order that he may be enabled to discharge conveniently and with dignity the duties of his office.
(2) There shall in each year be paid to the Senior Vice-President from the revenues of the United State a sum of Rs. 2,50,000 as consolidated allowance in order to enable him to discharge conveniently and with dignity the duties of his office.
(3) There shall be paid from time to time to each Junior Vice-President such allowances as the Raj Pramukh may consider appropriate to cover expenses in travelling in the discharge of such official duties as he may be directed to perform by the Raj Pramukh.
(4) If the Raj Prapaukh is, by reason of absence or illness or for any other reason, unable to perform the duties of his office, those duties shall, until he has resumed them, be performed by the Senior Vice-President. During such period the Senior Vice-President shall be entitled to the same salary, allowances and other amenities as the Raj Pramukh.
Article V
(1) There shall be a Council of Ministers to aid and advise the Raj Pramukh in the exercise of his functions except those under Article VII.
(2) The Ministers shall be chosen by, and shall hold office during the pleasure of the Raj Pramukh.
Article VI
(1) The Ruler of each Covenanting State shall, as soon as may be practicable, and in any event not later than the first day of July 1948, make over the administration of his State to the Raj Pramukh; and thereupon—
(2) When, in pursuance of any such agreement of merger as is referred to in clause (b) of paragraph (1) of Article II, the administration of any other State is made over to the Raj Pramukh, the provisions of clauses (a), (b), (c) and (d) of paragraph (1) of this Article shall apply in relation to such States as they apply in relation to a Covenanting State.
Article VII
(1) In this Article, "scheduled areas" means any of the areas specified in Schedule II:
Provided that the Raj Pramukh may, in consultation with the Government of India, by proclamation direct that the whole or any specified part of a scheduled area shall cease to be a scheduled area or a part of such an area.
(2) Subject to any directions or instructions that may from time to time be given by the Government of India in this behalf, the authority—
shall vest exclusively in the Raj Pramukh.
(3) Until other provision is made by an Act of the Legislature of the United State the right to resume Jagirs or to recognise the succession, according to law and custom, to the rights and titles of a Jagirdar shall vest exclusively in the Raj Pramukh.
(4) Nothing in the preceding paragraphs of this Article shall be deemed to prevent the Raj Pramukh from consulting the Council of Ministers in regard to any of the matters mentioned therein.
Article VIII
The Raj Pramukh shall, as soon as practicable, and in any event not later than the fifteenth day of June 1948 execute on behalf of the United State an Instrument of Accession in accordance with the provisions of section 6 of the Government of India Act, 1935, and in place of the Instruments of Accession of the several Covenanting States; and he shall by such Instrument accept as matters with respect to which the Dominion Lgislature may make laws for the United State all the matters mentioned in List I and List III of the Seventh Schedule to the said Act, except the entries in List I relating to any tax or duty.
Article IX
Subject to the provisions of this Covenant and of the Constitution to be framed thereunder the executive authority of the United State shall be exercised by the Raj Pramukh either directly or through officers subordinate to him; but the Raj Pramukh may from time to time consult the Senior Vice-President, in important matters connected with the administration of the United State. Nothing in this Article shall prevent any competent legislature of the United State from conferring functions upon subordinate authorities or be deemed to transfer to the Raj Pramukh any functions conferred by any existing law on any Court, Judge, officer or local or other authority in a Covenanting State.
Article X
(1) There shall be formed, as soon as may be practicable a Constituent Assembly in the manner indicated in Schedule III; and it shall be the duty of that Assembly to frame a constitution of a unitary type for the United State within the framework of this Covenant and the Constitution of India, and providing for Government responsible to the Legislature.
(2) The Raj Pramukh shall constitute not later than the first day of August 1948 an interim Legislative Assembly for the United State in the manner indicated in Schedule IV.
(3) Upon the formation of the Constituent Assembly referred to in paragraph (1) of this Article, the interim Legislative Assembly shell automatically be dissolved, and the legislative authority of the United State shall vest in the Constituent Assembly.
Provided that until a Constitution framed by the Constituent Assembly comes into operation after receiving the assent of the Raj Pramukh, the Raj Pramukh shall have powers to make and promulgate ​Ordinances for the peace and good Government of the United State or any part thereof, and any Ordinance so made shall, for the space of not more than six months from its promulgation have the like force of law as an Act passed by the interim Legislative Assembly, or as the case may be, the Constituent Assembly; but any such Ordinance may be controlled or superceded by any such Act.
Article XI
(1) The Ruler of each Covenanting State shall be entitled to receive annually from the revenues of the United State for his privy purse the amount specified against that Covenanting State in Schedule I.
Provided that the sums specified in the Schedule in respect of the Rulers of Gwalior and Indore shall be payable only to the present Rulers of these States and not to their successors for whom provision will be made subsequently.
(2) The said amount is intended to cover all the expenses of the Ruler and his family including expenses of his residences, marriages and other ceremonies, etc., and shall subject to the provisions of paragraph (1) neither be increased nor reduced for any reason whatsoever.
(3) The Raj Pramukh shall cause the said amount to be paid to the Ruler in four equal instalments at the beginning of each quarter in advance.
(4) The said amount shall be free of all taxes, whether imposed by the Government of the United State or by the Government of India.
Article XII
(1) The Ruler of each Covenanting State shall be entitled to the full ownership, use and enjoyment of all private properties (as distinct from State Properties) belonging to him on the date of his making over the administration of that State to the Raj Pramukh.
(2) He shall furnish to the Raj Pramukh before the first day of August 1948 an inventory of all the immovable properties, securities and cash balances held by him as such private property.
(3) If any dispute arises as to whether any item of property is the private property of the Ruler or State property, it shall be referred to such person as the Government of India may nominate in consultation with the Raj Pramukh and the decision of that person shall be final and binding on all parties concerned:
Provided that no such dispute shall be so referable after the first day of July 1949.
Article XIII
The Ruler of each Covenanting State, as also the members of his family, shall be entitled to all the personal privileges, dignities and titles enjoyed by them, whether within or outside the territories of the State, immediately before the 15th day of August, 1947.
Article XIV
(1) The succession, according to law and custom to the gaddi of each Covenanting State, and to the personal rights, privileges, dignities and titles of the Ruler thereof, is hereby guaranteed.
(2) Every question of disputed succession in regard to a Covenanting State shall be decided by the Council of Rulers after referring it to a bench consisting of all the available Judges of the High Court of the United State and in accordance with the opinion given by that High Court.
Article XV
No enquiry shall be made by or under the authority of the United State, and no proceedings shall lie in any court in the United State, against the Ruler of any Covenanting State, whether in a personal capacity or otherwise, in respect of anything done or omitted to be done by him or under his authority during the period of his administration of that State.
Article XVI
(1) The United State hereby guarantees either the continuance in service of the permanent members of the public services of each of the Covenanting States on conditions which will be not less advantageous than those on which they were serving on the 15th April 1948 or the Payment of reasonable compensation.
(2) The United State further guarantees the continuance of pensions and leave salaries sanctioned by competent authorities in any of the Convenanting States to members of the public services of that State who have retired, or proceeded on leave preparatory to retirement, and the compassionate allowances granted to dependents of deceased members of those services, before the date on which the administration of that State is handed over to the Raj Pramukh.
(3) The provisions of paragraphs (1) and (2) of this article shall apply also in relation to the public services of any other State merging in the United State.
Article XVII
Except with the previous sanction of the Raj Pramukh, no proceedings, civil or criminal, shall be instituted against any person in respect of any act done or purporting to be done in the execution of his duty as a servant of any Convenanting State before the date on which the administration thereof is made over to the Raj Pramukh.
Article XVIII
Notwithstanding anything contained in the preceding provisions of this Covenant, the Rulers of Gwalior and Indore shall continue to have and exercise their present powers of suspension, remission or commutation of death sentences in respect of any person who may have been, or is hereafter, sentenced to death for a capital offence committed within the territories of Gwalior or of Indore, as the case may be.
Schedule I
Covenanting States and Privy Purse Amounts
Part A.—Salute States
Part B.—Non-Salute States
Schedule I
Scheduled Areas
1. In Rutlam State:—
Bajna Tahsil.
2. In Sailana State:—
Raoti Tahsil.
3. In Alirajpur State:—
Bhabra Tahsil, Chandpur Tahsil, Chhakatala Tahsil, Nanpur Tahsil and Rath Tahsil.
4. In Barwani State:—
Pansemal Pargana, Rajpur Pargana and Silawad Pargana.
5. In Jhabua State:—
Jhabua Tahsil, Rambbapur Tahsil, Runapur Tahsil, Thandla Tahsil, Umrao and Minor Jagirs.
6. In Indore State:—
Misarpur Pargana, Petlawaed Pargana, Segeon Pargana and Sendhwa Pargana.
7. In Gwalior State:—
Sardarpur District.
8. In Dhar State:—
Mandu District, Kukshi District, Nimanpur District.
9. Jobat State.
10. Kathiwara State.
11. Mathwar State.
Note.—Any reference to any State, District, Tahsil, Pargana, or Jagir shall be construed as a reference to that State District, Tahsil, Pargana, or Jagir as existing on the 1st day of April 1948.
Schedule III
Provisions relating to the Constituent Assembly of the United State of Madhya-Bharat
1. The Constituent Assembly shall consist of not more than 75 elected representatives of the people of the United State on the basis of one representative for approximately one lakh of the population:
Provided that the people of each Convenanting Salute State and Kurwai shall, irrespective of their number, be entitled to elect at least one representative.
​2. The Constituent Assembly may co-opt experts and advisers to assist the Assembly in the task of constitution making. These experts and advisers so co-opted shall speak and otherwise take part in the proceedings of the Assembly or any Committee of the Assembly of which he may be so named a member but shall not be entitled to vote.
3. The United State shall be divided into territorial constituencies, and the total number of seats shall be distributed among them by assigning to each constituency one or two seats as may be convenient. As far as possible the constituencies shall be so delimited as not to cut across the boundaries of any compact part of a Covenanting State.
4. The qualifications for membership of the Assembly and for being included in the electoral rolls shall be similar to those prescribed in relation to the United Provinces Legislative Assembly, subject to necessary modifications.
5. An order shall in due course be made and proclaimed by the Raj Pramukh providing, consistently with the foregoing provisions of this Schedule, for—
Schedule IV
Provisions relating to the Interim Legislative Assembly of the United State of Madhya-Bharat
1. The Legislative Assembly shall consist of—
2. The election shall be by proportional representation by means of the single transferable vote.
3. The Raj Pramukh may make rules for carrying into effect the foregoing provisions of this Schedule and securing the due constitution of the Interim Legislative Assembly.
In confirmation of the above Covenant we append our signatures, on behalf of ourselves, our heirs and successors.
* Maharaja of Alirajpur.
* Rana of Barwani.
* Maharaja of Dewas (Junior).
* Maharaja of Dewas (Senior).
* Maharaja of Dhar.
* Maharaja of Gwalior.
* Maharaja of Indore.
* Nawab of Jaora.
* Raja of Jhabua.
* Raja of Khilchipur.
* Raja of Narsingarh.
* Raja of Rajgarh.
* Maharaja of Rutlam.
* Raja of Sailana.
* Raja of Sitamau.
* Rana of Jobat.
* Thakur of Kathiwara.
* Nawab of Kurwai.
* Rana of Mathwar.
* Rawat of Piploda.
The Government of India hereby concur in the above Covenant and guarantee all its provisions. In confirmation whereof Mr. Vapal Pengunni Menon, Secretary to the Government of India in the Ministry of States, appends his signature on behalf and with the authority of the Government of India.
Secy. to the Govt. of India,
Ministry of States.
APPENDIX XXXVIII
AGREEMENT made this . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . between the Raj Pramukh of the United State of Gwalior, Indore and Malwa (Madhya Bharat) and the Nawab/Thakore of . . . . . . . . . . . . . . . . . .
WHEREAS by Convenants entered into by the Rulers of Gwalior, Indore and certain other States in Central India it has been decided to establish a United State of Gwalior, Indore and Malwa (Madhya Bharat) with a democratic constitution to be framed by elected representatives of the people;
AND WHEREAS it is in the best interests of the people of . . . . . . . . . . . . . . . . . . State that the administration of that area should be integrated as early as possible with that of the United State of Gwalior, Indore and Malwa (Madhya Bharat);
NOW, THEREFORE, it is hereby agreed as follows with the occurrence and guarantee of the Government of India:—
Article 1
In this Agreement,
"the United State" means the United State of Gwalior, Indore and Malwa (Madhya Bharat);
"the Raj Pramukh" means the Raj Pramukh of the United State of Gwalior, Indore and Malwa (Madhya Bharat);
". . . . . . . . . . . . . . . . . . State" means all the territories at present under the administration of the Nawab/Thakore of . . . . . . . . . . . . . . . . . .
"the Nawab/Thakore" means the Nawab/Thakore of . . . . . . . . . . . . . . . . . .
Article 2
The territories at present under the administration of the Nawab/Thakore of . . . . . . . . . . . . . . . . . . form part of the United State of Gwalior, Indore and Malwa (Madhya Bharat).
Article 3
The Nawab/Thakore will hand over the administration of . . . . . . . . . . . . . . . . . . to the Raj Pramukh on the first day of . . . . . . . . . . . . . . . . . .
Article 4
As from the said first day of July, 1948
(a) all rights, authority and jurisdiction belonging to the ​Nawab/Thakore of . . . . . . . . . . . . . . . . . . State which appertain, or are incidental to the Government of . . . . . . . . . . . . . . . . . ., shall vest in the United State;
(b) all duties and obligations of the Nawab/Thakore appertaining or incidental, to the Government of . . . . . . . . . . . . . . . . . . State shall devolve on the United State; and
(c) all the assets and liabilities of . . . . . . . . . . . . . . . . . . State shall be the assets and liabilities of the United State.
Article 5
(1) The Nawab/Thakore shall be entitled to the full ownership, use and enjoyment of all private properties (as distinct from State properties) belonging to him on the first day of July 1948.
(2) He shall (furnish to the Raj Pramukh before the first day of August, 1948, an inventory of all the immovable properties, securities and cash balances held by him as such private property.
(3) If any dispute arises as to whether any item of property is the private property of the Nawab/Thakore or State property, it shall be referred to such person as the Government of India may nominate, and the decision of that person shall be final and binding on all parties concerned.
Article 6
(1) The Nawab/Thakore shall, with effect from the first day of July, 1948, be entitled to receive annually from the revenues of the United State for his privy purse the sum of . . . . . . . . . . . . . . . . . . rupees free of taxes.
(2) The said amount is intended to cover all the expenses of the Nawab/Thakore and his family, including expenses on account of his personal staff, maintenance of his residences, marriages and other ceremonies, etc., and shall neither be increased nor reduced for any reason whatsoever.
(3) The said amount will be payable to the Nawab/Thakore in equal instalments at the beginning of each quarter in advance.
Article 7
The Nawab/Thakore, as also the members of his family, shall be entitled to all the personal privileges, dignities and titles enjoyed by them whether within or outside immediately before the 15th August, 1947.
Article 8
The succession, according to law and custom, to the gaddi of the . . . . . . . . . . . . . . . . . . State and to the personal rights, privileges and dignities of the Nawab/Thakore is hereby guaranteed by the United State.
​In confirmation whereof His Highness the Maharaja of Gwalior, the Raj Pramukh of the United State of Gwalior, Indore and Malwa (Madhya Bharat) and Nawab/Thakore of . . . . . . . . . . . . . . . . . . State have appended their signatures.
Raj Pramukh of the United State Gwalior, Indore and Malwa (Madhya Bharat).
Nawab/Thakore of
The Government of India hereby concur in the above Agreement and guarantee all its provisions. In confirmation whereof Mr. Vapal Pangunni Menon, Secretary to the Government of India in the Ministry of States, appends his signature on behalf and with the authority of the Government of India.
Secretary to the Government of India, Ministry of States.