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# White Paper on Indian States (1950)/Part 9/Constitutional Provisions

Constitutional Provisions
188. Meanwhile, the Constituent Assembly took up the Draft Constitution of India for second reading and embodied into it certain provisions designed to bring the States into the future Union of India on practically the same basis as the Provinces of India. The relevant provisions of the Constitution of India to which reference may be made in this connection are:—
| ARTICLES 278, 291, 295 and 366 | $\scriptstyle {\left.{\begin{matrix}\ \\\\\ \\\ \\\ \ \end{matrix}}\right\}\,$ | Providing for necessary Agreements with States in connection with "federal" revenues, Privy Purses, Assets and Liabilities, and abolition of internal customs duties. |
These provisions furnished the necessary constitutional framework within which could be set the financial integration of the States with the rest of India at the federal level, on the lines recommended by the Indian States Finances Enquiry Committee. Those recommendations are explained in the following paragraphs.
# White Paper on Indian States (1950)/Part 9/Memoranda of Agreements

Memoranda of Agreements
198. The Government of India have accepted the recommendations of the Indian States Finances Enquiry Committee as modified in subsequent discussions with the States concerned, and steps have been taken to give effect to federal financial integration accordingly. The Memoranda of Agreements already executed and ratified by the States will now be embodied in formal Agreements. These Agreements will be under:—
199. The Government of India have already in hand the necessary action to deal with innumerable points of detail—legislative, administrative, budgeting, accounting, etc.—pertaining to particular matters concerning each federal department in the States. These are under active examination, and considerable progress has already been made, in consultation with the States and the Ministries of the Government of India concerned.
# White Paper on Indian States (1950)/Part 9/Financial Adjustments on Capital Account

Financial Adjustments on Capital Account
195. Subject to certain necessary modifications as to details, the Committee's recommendations about the apportionment and allocation of assets and liabilities have been accepted by all States.
In Madhya Bharat, Rajasthan, PEPSU and Saurashtra, the Committee expected that there would be a surplus of liquid assets over liabilities; it recommended that a portion of this surplus (5 per cent. in the case of PEPSU and 10 per cent. in other cases) should be allocated to the Centre for expenditure on federal objectives in those areas. It was, however, subsequently agreed to waive this in all cases except Saurashtra, where certain concessions were made in other directions.
# White Paper on Indian States (1950)/Part 9/Financial Adjustments on Revenue Account

Financial Adjustments on Revenue Account
196. This was one of the most important subjects dealt with by the Committee. The main object was the avoidance of sudden dislocation of the finances of the States or of the Centre as a result of federal financial integration. The technique suggested for this purpose was as follows:
# White Paper on Indian States (1950)/Part 9/Income-tax

Income-tax
193. The Committee's recommendations concerning the introduction of Income-tax in 1950-51 in Madhya Bharat, Rajasthan and Vindhya Pradesh at the rates now in force in Saurashtra, and the gradual raising of all State rates to the Indian level over a period of two or six years depending upon their present level of rates have been accepted by all States. In the case of PEPSU and Travancore-Cochin it was further agreed that full Indian rates may be introduced from 1950-51 itself.
As regards division of Income-tax it has been agreed that no State could participate in the all-India "Pool" until two years after the full level of Indian taxation had been reached; meanwhile, there would have to be some ad hoc arrangement for each State e.g. that each State should get 50 per cent. of the divisible Income-tax collected within such State.
In the case of Mysore, Hyderabad, and Travancore-Cochin whose last financial years ended on 30th June, 30th September and 16th August 1949, respectively, special agreed arrangements have been concluded enabling them to get the due proportion of their Income-tax revenue in respect ​of the broken period upto 1st April 1950 when federal financial integration would become effective. A slightly different modification had to be made in the case of Saurashtra where, though the financial year ends on 31st March, income-tax was first introduced only in 1949-50.
# White v. Ragen Lutz

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
324 U.S. 760
White v. Ragen Lutz
Argued: March 29 and April 2, 1945. --- Decided: April 23, 1945
Leave to File Petition for Rehe ring Denied Nov. 5, 1945.
See 66 S.Ct. 133.
Mr. Wilbur G. Katz, of Chicago, Ill., for petitioners.
Mr. William C. Wines, of Chicago, Ill., for respondent.
PER CURIAM.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# White v. National Bank

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
102 U.S. 658
White v. National Bank
ERROR to the Circuit Court of the United States for the District of Colorado.
The facts are stated in the opinion of the court.
Mr. S. V. White for the plaintiff in error.
Mr. Henry M. Teller, contra.
MR. JUSTICE MILLER delivered the opinion of the court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# White v. Nicholls

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
44 U.S. 266
White v. Nicholls

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# White v. Poor

United States Supreme Court
296 U.S. 98
White v. Poor
Argued: Oct. 16, 1935. ---
The Attorney General and Mr. David E. Hudson, of Washington, D.C., for petitioner.
Messrs. Alexander Wheeler and Harry L. Sampson, both of Boston, Mass., for respondents.
Mr. Justice ROBERTS delivered the opinion of the Court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Who's Who in India Supplement 1 (1912)/Sheo Prasad

​Sheo Prasad, Rai Bahadur, C. I. E., Honorary Magistrate and Municipal Commissioner, Delhi, a well-known Banker, Merchant and Landowner in the Punjab, received the title of Rai Bahadur on 1st January. 1907, and on the occasion of the recent Coronation Durbar was invested with the insignia of Companion of the Order of the Indian Empire by His Majesty the King-Emperor, in recognition of his great services to the public. Address : Chandni Chowk, Delhi.
# Who's Who in India Supplement 1 (1912)/Tai Ram

​Tai Ram, Sardar Bahadur, Subadar of the Dacca Military Police Battalion, was granted his title on the occasion of the recent Coronation Durbar, in recognition of his excellent service. Address: Dacca.
# Who's Who in India Supplement 1 (1912)/Thalrai (Khajurgaon), — Rana Sir Sheoraj Singh, K.C.I.E.

​Thalrai (Khajurgaon), — Rana Sir Sheoraj Singh, K.C.I.E., Rana of — whose biography appears in Part IV, pages 83 and 84, of this work, was invested with the insignia of Knight Commander of the Order of the Indian Empire by His Majesty the King-Emperor on the- occasion of the recent Coronation Durbar.
Salempur — Raja Sir Shaban Ali Khan, K.C.I.E., Raja of — whose biography appears in Part IV, page 118, of this work, was invested with the insignia of Knight Commander of the Order of the Indian Empire on the occasion of the recent Coronation Durbar, by His Majesty the King-Emperor.
Kasturchand Daga, Sir Seth, K.C.I.E., Diwan Bahadur, whose biography appears in Part VI, pages 15 and 16. of this work, was invested with the insignia of Knight Commander of the Order of the Indian Empire by His Majesty the King-Emperor, on the occasion of the recent Coronation Durbar.
THE RANA OF KHAJURGAON
# Who's Who in India Supplement 1 (1912)/The All India Memorial

THE ALL INDIA MEMORIAL.
On the afternoon of Friday, December 8th, His Majesty proceeded, with the Queen-Empress, to unveil the statue of his late Majesty, Edward VII, which had been erected between the Fort and the Jumma Musjid, and the cost of which had been defrayed by subscriptions from all over India.
In reply to an Address read by His Excellency the Viceroy, His Majesty said: ​"The Address which you have just read has touched my heart and awakened memories of what we all, and I most of all, owe to my dear father, the late King-Emperor. He was the first of my House to visit India, and it was by his command that I came six short years ago to this great and wonderful land. Alas! little did we then think how soon we should have to mourn his loss.
"You tell me that this Memorial represents the contributions, not only of a few who may have had the privilege of personal acquaintance with my father, but of thousands of his and my people in India. I am glad to know that the deep and abiding concern which he felt for India has met with so warm a response from the hearts of her children.
"I rejoice to think that this statue will stand a noble monument on a beautiful and historic site to remind generations yet unborn of your loyal affection and of his sympathy and trust, sentiments which, please God, always will be traditional between India and the members of my House."
On the afternoon of the next day, December 9th, Their Majesties attended the semi-final matches of the Durbar Polo Tournament, and the final match of the Durbar Football Tournament. On the same evening Their Majesties attended the Tattoo by the massed bands on the Polo Ground.
Sunday, December 10th, was duly observed in the Royal Camp. Their Majesties attended an open air service in the Military Camp.
On Monday, December 11th, His Majesty the King-Emperor presented new colours to eight British Regiments and two Indian Regiments, with all due ceremony. On the afternoon of the same day Their Majesties attended the final match in the Polo Tournament.
# Who's Who in India Supplement 1 (1912)/Siraj-ul-Islam, Nawab

​Siraj-ul-Islam, Nawab, Khan Bahadur, a notice of whom appears in Part VIII, page 104, of this work, is a prominent Vakil of the High Court and an active Municipal Commissioner of Calcutta. He received the personal title of Nawab on the occasion of the recent Coronation Durbar.
# Who's Who in India Supplement 1 (1912)/State Entry into Delhi

STATE ENTRY INTO DELHI.
In accordance with His Majesty's gracious Proclamation of 22nd March, 1911, he made his State Entry into Delhi, accompanied by Her Majesty the Queen-Empress, on the morning of 7th December.
The Proclamation was:
THEIR MAJESTIES' STATE ENTRY INTO DELHI
eleven an Imperial Durbar for the purpose of making known the said solemnity of Our Coronation, and We do hereby charge and command Our right trusted and well beloved counsellor, Baron Hardinge of Penshurst, Our Viceroy and Governor-General in India, to take all necessary measures in that behalf.
"Given at Our Court at Buckingham Palace this twenty-second day of March in the year of Our Lord one thousand nine hundred and eleven and in the first year of Our Reign."
On alighting at the Selimgarh Bastion of Delhi Fort, Their Majesties received certain high officials who were presented to them on the platform; Their Majesties then received the Ruling Chiefs, who were presented to them in the Fort. A procession was afterwards formed, and Their Majesties made their entry into the historic city of Delhi through streets and roads lined with troops and amid the acclamations of hundreds of thousands of their loving and ​loyal subjects. The procession, which included the Governors and Lieutenant-Governors of Provinces, and the Ruling Chiefs with their escorts, was a most brilliant spectacle.
The Hon'ble Sir John Jenkins presented an Address to Their Majesties as they arrived at the historic Ridge. This was on behalf of the Supreme Legislative Council. His Majesty replied as follows:
"In the name of the Queen-Empress and on my own behalf I heartily thank you for your loyal and dutiful Address, the words of which have deeply touched us.
"They recall those countless messages of affectionate devotion which India, in common with all parts of my Dominions, greeted us on our Coronation in England, and which have been repeated by all classes and creeds of my Indian subjects since our arrival in your country.
"I know from my Governor-General what strength and support he receives from the wise experience of the members of his Legislative Council, the chosen representatives of British India.
"We much appreciate the welcome you offer us on behalf of its peoples. Rest assured that there is no wish nearer to our hearts than that, in the words of your Address, the Indian Empire may continue steadily to advance in the ways of peace, prosperity and contentment."
On the afternoon of the same day, and on the two succeeding days, His Majesty received the Indian Chiefs who came to do homage to him.
# Who's Who in India Supplement 1 (1912)/Swami Dayal, Raja Seth

​Swami Dayal, Raja Seth, of Moizuddinpur, was born in 1868, and educated at Sitapur High School. He belongs to a Jethmal family, members of which held high offices at Delhi under the Moghal Emperors. His ancestors, Seth Murli Manohar and Seth Sita Ram, assisted the British during the Mutiny, suffering much loss of property thereby, but after order was restored their services were handsomely rewarded. ​Raja Swami Dayal has founded an Industrial School at Sitapur and a High School at Biswan at his own expense, and has inaugurated an Agricultural Bank in his talukdari. He is an Honorary Magistrate and Munsiff. His title, which is a personal one, was granted on the occasion of the recent Coronation Durbar. Address : Moizuddinpur, Sitapur District, U. P.
RAJA SETH SWAMI DAYAL (55)
# Who's Who in India Supplement 1 (1912)/Tagore, the Hon'ble Maharaja Sir Prodyot Kumar Tagore Bahadur, Kt.

​Tagore, the Hon'ble Maharaja Sir Prodyot Kumar Tagore Bahadur, Kt., whose biography appears in Part VIII, page 1 , of this work, was granted the personal title of Maharaja Bahadur by His Excellency the Governor-General of India, on the occasion of the recent Coronation Durbar.
# Who's Who in India Supplement 1 (1912)/Tarkabhusan, Pramatna Nath

​Tarkabhusan, Pramatna Nath, Mahamahopadhyaya, Professor, Sanskrit College, Calcutta, received his title on the occasion of the recent Coronation Durbar, in recognition of his Oriental learning and services to education. Address : Calcutta.
# Who's Who in India Supplement 1 (1912)/Subbaraya Charya, Srimushnam Vyakarna

​Subbaraya Charya, Srimushnam Vyakarna, Mahamahopadhyaya, was born in 1837, and educated under various well-known Pundits. He is a descendant of Arya Charlu, a Pundit of renown in Madras Presidency. He is a recognized leader in the matters of Sanskrit learning and educational methods; he is State Pundit of Tanjore, and examiner in the Pundits' Conferences at Tajore, Mysore, and elsewhere in the Presidency. He has published a work on the Dwaita Philosophv, in the Vernacular, as well as other similar works. His title was conferred on the occasion of the recent Coronation Durbar, in recognition of his learning and services to education. Address: Tirupati, Madras Presidency.
Mahamahopadhyaya S. V. Subbarayacharya
# White Oak Transportation Company v. Boston, Cape Cod, & New York Canal Company

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
258 U.S. 341
White Oak Transportation Company v. Boston, Cape Cod, & New York Canal Company
Argued: March 1, 1922. --- Decided: April 10, 1922
Mr. E. E. Blodgett, of Boston, Mass., for petitioner White Oak Transp. co.
Messrs. Henry E. Warner and John G. Palfrey, both of Boston, Mass., for petitioner Northern Coal Co.
Messrs. T. H. Mahony, of New York City, William R. Sears, of Boston, Mass., and Samuel Park, of New York City, for respondent.
Mr. Samuel Park, of New York City, for T. A. Scott & Co.
Mr. Justice HOLMES delivered the opinion of the Court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# White Paper on Indian States (1950)/Part 1/Change of Policy towards States owing to possible Constitutional Developments in British India

Change of Policy towards States owing to possible Constitutional Developments in British India
17. Until towards the last phase of the first World War, Indian nationalism had not developed into real challenge to foreign rule in India, nor until then had the grant of responsible Government to British India been viewed as a real possibility. Up to 1909, the position was that such reforms as were introduced were purely administrative and the view expressed by Dufferin in 1888 that "England should never abdicate her supreme control of public affairs" firmly held the field. The objective of tho Minto-Morley reforms was not the eventual grant of responsible Government, but the establishment of what Minto described as "a constitutional autocracy". The authors of the reforms scheme of 1909 put it beyond doubt that no parting of power was contemplated. "I am no advocate of representative Government for India in the Western sense of the term", Minto clearly stated. "As heirs to a long series of Indian rulers", he went on to say, "we are bound to reserve to ourselves the ultimate control over all executive action and the final decision in matters of legislation". Morley was equally clear regarding the limited objective of the reforms of 1909. "If it could be said", he stated in the House of Lords, "that this chapter of reforms led directly or necessarily to the establishment of parliamentary system in India, I for one would have nothing at all to do with it". He was as emphatic on this point in private as in public. "Not one whit more than you", he wrote ta Minto, "do I think it desirable or possible or even conceivable, to adapt English political institutions to the nations who inhabit India".
18. When the authors of the reforms scheme of 1909 thus ruled out the establishment of a parliamentary system in India, they reckoned without the momentus events which the following decade held in its lap. The Great War of 1914-18 accelerated the march of history and inevitably affected the temper of Indian nationalism. The demand for self-Government now became more and more insistent and the principle underlying the Minto-Morley Reforms became patently out of tune with the times. What was considered inconceivable in 1909 became the accepted goal of the British policy in India in 1917. Montagu's announcement of August 1917 accepted for the first time the objective of "gradual development of self-governing institutions with a view to the progressive realisation of self-Government in India as an integral part of the British Empire".
​19. After the introduction of Montagu-Chelmsford reforms, the Swaraj movement fired the imagination of the people and deepened the anxiety of the alien rulers of India to neutralise, or at least to isolate, the growing upsurge of Indian nationalism. This marked the beginning of the policy of utilising the services of States for organising a counter-revolution.
# Wilson v. Schnettler/Concurrence Stewart

* Court Documents
* Case Syllabus
* Opinion of the Court
* Concurring Opinion Stewart
* Dissenting Opinion Douglas
United States Supreme Court
365 U.S. 381
Wilson v. Schnettler
Argued: Dec. 15, 1960. --- Decided: Feb 27, 1961
Mr. Justice STEWART, concurring.
I could not base affirmance of the judgment upon the ground that the petitioner's motion was technically deficient in failing to recite the talismanic phrase 'without probable cause.' Nor do I think the District Court lacked power to issue the requested injunction, either by reason of 28 U.S.C. § 2283, 28 U.S.C.A. § 2283, or the rule formulated in Harkrader v. Wadley, 172 U.S. 148, 164, 19 S.Ct. 119, 125, 43 L.Ed. 399. It seems to me that Rea v. United States, 350 U.S. 214, 76 S.Ct. 292, 100 L.Ed. 233, established that District Courts do have such power.
But I join in affirming the judgment. The petitioner has failed to state a case warranting equitable relief under the standards of Stefanelli v. Minard, 342 U.S. 117, 122, 72 S.Ct. 118, 121, 96 L.Ed. 138, and Douglas v. City of Jeannette, Pa., 319 U.S. 157, 163, 63 S.Ct. 877, 881, 87 L.Ed. 1324. As the Court's opinion points out, the factors which justified the issuance of an injunction in Rea are not present here.
Mr. Justice DOUGLAS, with whom THE CHIEF JUSTICE and Mr. Justice BRENNAN concur, dissenting.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Wilson v. Salamanca/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
99 U.S. 499
Wilson v. Salamanca
The first question certified is answered in the negative upon the authority of Marcy v. Township of Oswego (92 U.S. 637), decided in this court since the trial below.
The second question is likewise answered in the negative upon the authority of County of Scotland v. Thomas (94 id. 682), also decided here since the trial below. The power of the State Line, Oswego, and Southern Kansas Railroad Company to consolidate with other companies existed when the vote for subscription was taken in the township. When the consolidation took place there was a perfected power in the township to subscribe to the stock of that company, and there was also an existing privilege in the company to receive the subscription. That privilege, as we held in the Scotland County case, passed by the consolidation to the consolidated company.
The township trustee and the township clerk who made the subscription and issued the bonds in this case were the officially constituted authorities of the township, and when they subscribed to the stock and issued the bonds they acted in their official capacity as the legal representatives of the township, and not as mere agents. In this particular they occupied the position of the county court in the Scotland County case. They were to all intents and purposes the township in its corporate capacity. In Harshman v. Bates County (92 id. 569), the case was different. There the county court was the mere agent of a corporation, with which it had no official connection. The difference between the two cases is precisely that between a principal and an agent, and it is so expressly said in the Scotland County case. In the one case the corporation is bound if the action of the officers is within their corporate powers, while in the other the action must be within the corporate powers delegated to the agent.
The judgment of the Circuit Court will be reversed, and the cause remanded for such further proceedings, not inconsistent with this opinion, as may appear to be necessary; and it is
So ordered.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse