How much Federal is our Constitution?

                                                                                                                                                                                        [Volume.1, Issue.1]

Shanti Swaroop

M.Sc., D.P.A., LL.M.

(Retd.) Addl. Commissioner

Commercial Tax

shantiswaroop51@gmail.com

                                                               
                                                          ABSTRACT

The Indian Constitution is basically federal in form and is marked by the traditions characteristics of a federal system, namely, supremacy of the constitution, division of powers between the Union and the State Governments, existence of an independent judiciary and a rigid procedure for the amendment of the constitution. It established a duly polity, with clearly defined spheres of authority between the union and the states, to be exercised in fields assigned to them respectively. There is an independent judiciary to determine issues between the Union and the States, to be exercised between one State and another. An amendment in the respective jurisdiction of the Union and the States can be brought about only by invoking a special procedure in parliament and ratification by a majority of states. A well-defined fiscal autonomy has been provided by including power to legislate and realise several taxes in state List to seventh schedule. True, the Indian Constitution exhibits centralizing tendency in several of its provisions, e.g., the adoption of a lengthy concurrent list, the power of Parliament to reorganise the political structure of the Country, supremacy of Parliament over State Legislature if there is a direct conflict between their respective jurisdictions, vesting of the residuary legislative powers in Parliament and powers of Governor to reserve Bills for consideration of Preside of the Republic. In certain circumstances, the Union is empowered to supersede the authority of the State on to exercise powers otherwise vested in States. But such diversions from the federal principle do not altogether change the basic federal character of our constitution as the same are purposely included to meet the exigencies and are qualified and circumscribed by certain conditions. Moreover their use is occasional and judicious.

Keywords: Parliament, Federal Principle, Judiciary, Constitution, State list, Seventh Schedule, Concurrent list.

 How much Federal is our Constitution?

The basic question arises as to whether the Indian Constitution adheres to the principle of federal supremacy, that is, is it a truly federal in nature. The opinions of different scholars are divided on this issue with their own reasons. According to Whear, the Constitution of India is a quasi-federal and not strictly federal. This view of that federation involved that the general and the regional government should each, with a sphere, be co-ordinate and independent. Jennings has characterized it as a “federation with a strong centralizing tendency”. Austin described it as a co-operative federation. A few scholars, however, accept it as a federal constitution.

            It is pertinent to see here as to how the judiciary view it. In contest between Centre and States the court has shown it strong predilection of a strong Centres and has, consequently, underplayed the federal aspects of the constitution. The Courts understandably adopted this strategy to counter the exaggerated claims of the States regarding their position, status and powers vis-à-vis the Centre. In State of Rajasthan V. Union of India[1], BEG, C.J., Sought to judge the Indian Federation by the yardstick propounded by WHEARE and characterized the Constitution as ‘more unitary than federal and having appearance of a federal structure. He observed.

            “In a sense, therefore, the Indian Union is federal. But the extent of federation in it is largely watered down by the need of progress and development of a country which has to be nationally integrated. Politically and economically co-ordinated and socially, intellectually and spiritually uplifted. “

            There observations were made to justify the exercise of a Central powers under Art. 356. In S.R. Bommai V. Union of India [2] several judges have characterised the Indian federation in different ways.  AHMADI, J. described the Indian Constitution, following KC WHEARE, as ‘quasi-federal’ because “it is a mixture of the federal and unitary elements, leaning more towards the later’. But the other judges have expressed a more balance view. Justice SAWANT had observed.

            “Democracy and federalism are essential features of our Constitution and are a part of its basic structure.”

Jeevan Reddy, J., has observed.

            “The fact that under the scheme of our Constitution, greater power is conferred upon the Centre vis-à-vis the States do not mean that States are mere appendages of the Centre. Within the sphere allotted to them, States are supreme. The Centre cannot tamper with their powers. More particularly, the courts should not adopt an approach, an interpretation, which has the effect of or tends to have the effect of whittling down the power reserved to the States.”

            Federation in India is not a matter of administrative convenience, but one of principle. While discussing the principle of federal supremacy it will be pertinent to discuss it with respect to Constitution of other countries also. The US Constitution has been regarded as the epitome of the classical federation. Historically looking, the US Constitution came into being as a result of the voluntary compact among the pre-existing States which conceded rather limited powers to the Centre. A similar process occurred in Australia. In course of time, however, things changed. The power of the Centre expanded phenomenally the correspondingly the power of States shrunk. This has been achieved without any amendment of the Constitution, but through ingenious legislative devices and judicial activism as well as judicial tolerance. The Centre’s vast financial resources have led to emergence of the system of grants-in-aid; centripetal forces have been generated and the Centre has become very powerful. The Canadian Constitution, to start with, definitely laid an accent on the Centre. In course of time, however, the Privy Council, by its process of interpretation weakened the centre and exalted the Provinces. Therefore the Provinces in Canada have greater freedom of action that the Units in other federations. The Australian Constitution although characterized judicially as a true federation, as in the beginning but during the course of time, has moved towards centralization.

            It is thus clear from the above that all the older federations have also exhibited centralising and centripetal tendencies and the constituent unit do not enjoy a co-equal status with the Centre. During the last several decades, an inevitable trend the world over has been strengthening of the Central Government. Undoubtedly, for some very good indigenous reasons, the accent of the Indian Constitution is on the Centre which has been made more powerful vis-à-vis the States. But merely because the Centre enjoys predominance over the States to some extent, the Indian Constitution does not cease to be federal. Federal form of government has no fixed connotations. No two federal Constitution are alike. Each federal government has its own distinct character. Each is a culmination of certain historical processes. One basic feature of each federation however is that there is a division of powers between the Centre and the regional units by the Constitution itself.  If the essence of federalism is the existence of units and a Centre, with a division of functions between them by the sanction of the Constitution, then these elements are presented in India. In normal times, the States in India have a large amount of autonomy and independence of action. The Indian federal scheme seeks to reconcile the imperatives of a strong Centre with the need for State Autonomy.

FEDERAL SUPREMACY IN INDIAN CONSTITUTION

            Article 245 provides that the Parliament may make law for whole or any part of the territory of India whereas the State Legislature within their competence may make laws for the whole or part of the State. Art. 246 talks about the three lists in Seventh Schedule to the Constitution List I (Union list) List II (State List) and List III (Concurrent List). Its clause (1) provides that Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I notwithstanding anything contained in clause (2) and (3). Clause (2) provides that Parliament, notwithstanding anything contained in clause (3), and State Legislature subject to clause (1) also, have power to make laws with respect to any of the matters enumerated in List III, i.e. concurrent list. Clause (3) provides that subject to clause (1) and (2), the Legislature of any States has exclusive powers to make laws for such State or any part thereof with respect to any of the matters enumerated in List II i.e. the State List.

            The States have a full-fledged Parliamentary form of government with substantial powers and exclusive subjects as enumerated in List II to legislate upon. Article 168 provides for such Government and Article 196 to 200 lays down the procedure to make legislations. In view of these provisions, at no time the States may be regarded as delegated or agents of the Centre. They subsist not at the sufferance of the Centre but derive their sanction and powers from the same Constitution from which the centre draws its sanctions and powers. An independent judiciary acts as an umpire between the Centre and the States. The process of amending the Constitution is not unilateral so far as the federal portion is concerned and at least half the States must agree before a proposed amendment can become effective. Article 368 provides the strict procedure for amendment of ‘entrenched provisions ‘as they are called.

            Within the spheres assigned to the States by the Constitution, the State legislature has plenary power. No fetter of limitation can be read on the legislative powers of a State Legislature outside the Constitution. The States have independent and substantial source of revenue arising out of field of taxation enumerated in State List in which State has power to Legislate and also from Concurrent list. On the whole the Indian Union is never as closely knit as a unitary polity, nor is it loose as confederation.

            There arises some disputes regarding the legislative powers on subjects enumerated in the concurrent list. Here clause (2) as well as Art. 154 gives the overriding powers to Parliament but exclusive of subjects enumerated in List II. On disputes arising out of such jurisdiction of Centre and/or States the Courts while deciding the matter base their judgements on the doctrine of pith and substance. The courts also see that no colourable legislation have been resorted to. Sometimes the residuary powers of Parliament to Legislate in matters which are not enumerated in List II & III including making of tax laws on such subject as given in Art 248 is taken as against the principle of federation. I don’t find anything wrong and against the principle of federal supremacy because in such case centre is not encroaching upon the power of state legislature.

            Another provision which is discussed as against the principle of federal supremacy is that of Art 3, i.e. formation of new States and alteration of areas, boundaries or names of existing States. True the parliament has power to re-organise the States but here also the States are to be consulted and, further India being a Union of States, the States have to exist as component units. The existence of several inter State boundary disputes for long, as between Mysore and Maharashtra, or Punjab and Haryana, prove that Parliament does not act unilaterally in such matters but only after consensus has been reached between the contending parties themselves. In actual practise today, the power to re organise the States is proving to be a source of embarrassment rather than of strength to the Central Government. Recently by passing a resolution proposing the division of State of U.P. in four States and sending it to Centre to make an amendment in the Schedule I to the Constitution, the BSP government of U.P. is playing political card to gain favour of electorates in coming assembly elections. Then, there is a provision relating to the appointment of the Governor by the Centre under Art 155. But here a convention has grown to consult the State Chief Minister.

            There are the provisions in the Constitution requiring in some cases Central assent to State legislation. Art 200 and 201 are in the Constitution to that affect. But whatever the letter of the Constitution, in practise, by and large, Central assent is accorded to State legislation as a formality and there are not many instances of the Centre vetoing the State legislation. The one conspicuous example of this has been that of the Kerala Education Bill, over which public sentiment in the State ran high, but here also the Centre obtained the advisory opinion of the Supreme Court before remitting it back to the State legislature for suitable amendments in the light of court’s opinion.

            The Central financial support to the States, as already pointed out, is provided largely under the Constitution and through the Finance Commission, an independent body, and this does not compromise State autonomy. The aid given by the Centre to the States for fulfilment of the plans is on the advice of the Planning Commission and the national Development Council in which all the States are represented. Further, provisions of federal grants-in-aid to the units are now a common feature of every federation and India is no exception to this trend.

            The emergency provisions of the Constitution have at times been held as constituting a major deviation from pure federation. There provisions are designed for temporary use only; by their nature they cannot be of normal occurrence. Art 352 is to be invoked only when its need is demonstrable, and this is much more so now after the 44^th Amendment 1978. Further, in an emergency, the behaviour of each federal constitution is very different from that in peace time. Art 356 and 357 is meant to be used only when constitutional machinery is not functioning properly in a State, and this is an exceptional, not a normal situation. In the case of SR. Bommai V. Union of India [3] the Supreme Court has spelled out a few restrictions on the innovation of Art 356. Further the composition of two houses is presently such that it is not possible to invoke Art 356 in relation to a State unless there is national consensus to do so. On the whole the Central powers has weakened in this respect.

            Then comes Art. 252 which introduces a kind of flexibility in the distribution of powers, the States come into picture as the Centre cannot take over the State matter without their co-operation and initiative. Only under Art 249, the Centre acts unilaterally, but it is for an extremely short period and in national interest. It is also a fact that this provision has been used sparingly.

STUDIES IN CENTRE STATE RELATIONS

            In the beginning the centralising tendencies were accentuated apart from the constitutional provisions because of the fact that one national political party held that sway both at the Centre and in the States. But now the State government belong to different and mostly regional parties. This monopoly of power of the congress party was broken in 1967. Within a last few years a significant change has occurred in the complexion of the Central Government itself. The Central Government today is not constituted by a single all India Political party; it is now a coalition of several political parties, national as well as regional parties.  Accordingly the policies evolved by the Central Government are the product of the balance of the national and regional aspirations and perceptions.

            Demands have been raised from time to time for re-ordering of the Indian federation. Seeing this the matrix of Centre State relationship was considered in the Administrative Reforms Commission. In its report issued in 1969 the Commission came to the conclusion that the basic constitutional fabric of ours is very sound and must remain intact. Further, in the opinion of the Commission “No Constitutional amendment is necessary for ensuring proper and harmonious relations between the Centre and the States, in as much as the provisions of the Constitution governing Centre State relations are adequate for the purpose of meeting any situation or resolving any problems that may arise in this field”.  The commission rightly observed that the Constitution was flexible enough to ensure its successful working irrespective of whichever party may be in power, provided those who are in the power mean to work it and not to wreck it. The government of India agreed with this view of the commission.

            In 1983 in response to an insistent demand to review the Centre State relations, the Central government appointed the SarkariaCommission under the chairmanship of R.S.SARKARIA, a retired judge of the Supreme Court. The terms of reference were to examine and review the working of the existing arrangements between the Union & States in regard to powers, functions and responsibilities in all sphered and recommended such change or other measures as may be appropriate keeping in view the social and economic developments that have taken place over the years and have due regard to the scheme and framework of the Constitution which the founding fathers have so sedulously designed to protect the independence and ensure the units and integrity of the country which is of paramount importance for promoting the welfare of the people.

            The commission presented its report in 1988. In its report while the commission suggested some adjustments in the Centre State relationship in several ways, it did not make any suggestion for any fundamental change in the structure of the constitutional provisions relating to federation. In this connection, the following observation of the Sarkaria Commission may be taken note of:

            “The primary lesson of India’s history is that, in this vast country only that polity or system can endure and protect its unity, integrity and sovereignty against external aggression and internal disruption, which ensures a strong Centre with paramount powers, accommodating, at the same time, its traditional diversities. This lesson of history did not go unnoticed by the framers of Constitution. Being aware that notwithstanding the common cultural heritage without political cohesion, the country would disintegrate under pressure of fissiparous forces. They accorded the highest priority to ensurance of the unity and integrity of the country. “

            Thus considering the whole of the constitutional process not only the letter of the Constitution but the practise and conventions that have grown there under- The Indian Constitution can justiably be called federal the principle of federal supremacy has evidently been followed.

*----------------------*

References

1.      Jain, M.P., Indian Constitutional Law, Lexis Nexus, 6^th Edition, 2013.

2.      Bakshi, P.M., The Constitution of India, Universal Law Publisher, 2013 Edition.

3.      Nicholas., The Constitution of India.

4.      Sarkaria Commission Report, 1988

5.      All India Reporter, 1977

6.       All India Reporter, 1994

---

[1] AIR 1977 SC 1361

[2] AIR 1994 SC 1918

[3] AIR 1994 SC 1918

Begum Samru of Sardhana: An Iconic Figure

                                                                                                                                                                                        [Volume.1, Issue.1]

Dr. Tarun Pratap Yadav

Asstt. Professor,ALS Centre-II

Amity University, Noida (U.P)

Ph. No. 9911702732, 8826380960

tpyadav@amity.edu, tarun.pratap@yahoo.com

Abstract

                            The period between 1818-1836 A.D was marked as the golden age of Meerut division due to peace and prosperity, which reached its zenith during the rule of Begam Samru. The Begum made changes in Revenue administration, Police and Prison administration, military innovations as well as improving the socio-economic conditions of the people in her jagir and maintaining law and order in a countryside where jungle raj was once the order of the day. Begum realized that the true glory of king/queen is not determined by the physical extent of his dominions but upon the moral progress which he/she could secure to his people.

                           Begum tried to help the cultivators and introduce such means which might increase the produce of the land. Bridges and roads were constructed and efforts were made to provide irrigation facilities to the farmers of her jagirs. Takkavi loans were distributed to the needy cultivators. There was also exemption of revenue, in case of calamity. The Begum herself toured the countryside frequently, so that she could personally come in contact of her people and know their grievances.

Keywords: Golden Age, Begum Samru, Takkavi Loans, Sardhana, Jagirs.

                Begum Samru of Sardhana: An Iconic Figure

                        Begum Samru’s real name was Fazrana( Pondicherry Records. Bussy in a letter of March 3, 1784 to De Castries) and she was born in or about 1750-51[1] at Kutana, 30 miles North-West of Meerut. She was a Saiyyidini[2] and her father Luft Ali Khan was a nobleman, whose family from the unsettled state of time had fallen into distress[3]. Luft Ali Khan[4] married twice and Fazrana was his offspring by his second wife. When six year old lost her father, her mother, along with Fazrana, left Kutana to Avadh so as to avoid the cruelties of her step son and in the course of their wandering reached Delhi in 1760[5].

                        As both, mother and daughter were penniless; Fazrana joined the companion of nauchnies[6], for earning a livelihood. She herself was trained for dancing but fate decreed that she should make other people dance instead of being herself obliged to dance for their amusement[7]. She came into contact with General Walter Reinhard Samru in or about in the end of year 1765 at Bharatpur and was united to him by all the forms considered necessary by persons of her persuasion when married to men another[8], in this way Fazrana passed into the harem of Samru Sahib and became his life partner[9]. When, where and how this marriage took place was a subject of controversy. After the death of General Samru in 1778, she inherited the jagir of Sardhana and decided to permanently settle there.

                        On the whole Begam jagir lay in Gangetic Doab and stretched form Muzaffarnagar to Aligarh including within it the areas of the parganas of Sardhana, Karnal, Budhana, Barnawa, Baraut, Kutana, Tappal and Jewar[10]. The principal pargana of this jagir and seat of administration was Sardhana. All these pargana contained 332 villages[11]. Besides these parganas she had some trans-Yamuna estates, two of which she claimed as her altamgha or royal grants in perpetuity. Among her property in this region may be mentioned the pargana of Badshahpur alias Jharsa, consisting of about 70 villages distant about 14 miles from Delhi. Butgone, a village in pargana Sonipat and Mauza of Bhoghpura Shah Ganj and a garden in Subah Akbarabad (Agra), together with the garden in neighbourhood of Deigh, were also held by her as personal property.[12] Nine villages’ viz. Garhee and Ca, formally part of jagir of Her Highness Bala Bai situated in the parganas of Barnawa and Budhana, belonged to Begam Samru and were in her possession. Daulat Rao Sindhia[13] granted her the Pahasu pargana which consisted of fifty four villages.

                          Though Begam called herself a feudal soverign[14], the British Government did not give her the title. Her jagir was an assignment for the payment of troops[15] and the entire holdings at the time of Begam’s death depended upon the will of the British Government. But at the time when Begam was entrusted with its administration, the condition was deplorable. After Aurangzeb, administration went from bad to worse. Constant decay of the Mughal Empire led to the rise of military state resulting in the lack of good governance. Oppression, poverty and financial ruin were prevalent and the nominal lieutenants of the Mughal Emperor, Shah Alam, were fighting for their personal interest. Everywhere there was chaos and disorder. Helpless farmers were oppressed, looted and pillaged[16].It was in this scenario that Begam provided a rule which was in unmatched in the area in and around Delhi.

Police and Prison Administration

                          Under this the whole jagir was divided into eight parganas and the village was its unit. Chaudharies, qanungoes, zamindars, lamberdars were to pay fix revenues[17] and to maintain law and order. Village panchayats or Caste panchayats decided the cases and Begam herself dealt with cases where previous decisions were not acceptable to parties. Criminals were punished severely and were put in jail. They were sentenced to imprisonment for life and various terms of imprisonment were given. After her death, 132 prisoners were found in Sardhana jail[18].

 Military Administration

                       The strength of her army was 4246 in 1836. It consisted of six battalions, the bodyguard, irregular cavalry and artillery (Infantry---2946, Bodyguards---266, Cavalry---245, Artillery---789)[19]. These battalions were well armed, equipped and led by a fine body of men. The army was organized on the European model and its payment was regular. Adventurers of all nations were equally welcomed in her army. George Thomas was an Irish, Levaisseau was French and Solari was an Italian[20]. Pension rolls showed that the regulars consisted of Hindustanis. She took recruits from different communities too. It was the Muslim community which formed the bulk of the army but communalism and localism were not the governing factors. The troops were fine and stout looking men. A long caftan of quilted cotton of a dirty brown colour, with turbans and sashes of white trousers down to the ankles generally of the same material as the rest with tremendous russet- coloured shoes bending upwards from the toe to a great height, formed the uniform of her army[21]. Begam possessed a good arsenal and a foundry for cannon, both built within the walls of the fortress of Sardhana[22]. Lashkarganj in the north of Sardhana was founded by Begam as the head camp for her troops for whom, the plain between it and town formed the parade ground. To the south-east of town of Sardhana there was an old fort which now no longer exists[23]. She was conscious of the fact that merely friendly relations without an army at her back would not be of much use at a time when several powers were contending for supremacy in India. She therefore, set herself to remodel and increase her army, whose reputation soon spread far and wide and the princess of Sardhana was respected and her friendship was eagerly sought for, by all. After her death in 1836, the troops were paid up and disbanded by the Magistrate of Meerut, under the orders of British Government.

Land Revenue

                        For the purpose of Land revenue, jagir was divided into parganas and parganas into mahals. According to Mr. Plowden, the net demand of her parganas ( Sradhana, Budhana, Baraut, Kutana, Barnawa and two other villages[24]) for twenty years during 1814-34 A.D averaged Rs. 5,86,650 including cesses, while the collection during the same period averaged Rs. 5,67,211 with balances amounting on the whole to only Rs. 19,439,00. Begam also levied custom duties on goods in transit at places of entry through her territory by land or water. She enjoyed the right of collecting duties at ghats by virtue of Sunnaads from the British Government[25]. Begam’s revenue policy was based on Mohammaden Law[26]. The mode of settlement adopted by her was liberal and according to cultivator’s capacity. As the assessment was annual, village rent-rolls were framed on money rates which were fixed and determined in each pargana and were classified on the villages in cash, in a ratio graduated to the caste of cultivators of whom Jats held the first rank. The rate per pucca bigha for sugarcane ranged from Rs 6 to Rs 9 as the lowest and from Rs 10 to Rs 15 as the highest, while in Meerut they were Rs. 3 to 4.5 as the lowest and Rs. 9 to Rs 12 as the highest. An Allowance from 2.5% to 12% was made as nankar[27]. In realizing the revenue, the takkavi advances were first recovered with interest at 25% per annum and then a second deduction of rupees 7 % was made for batta or loss in exchange on inferior rupees which was continued even when full weight rupees were current[28]. The greatness of this system was that as the demand of State grows, the peasants too, prospered.

                        Begum established peace and order in her jagir and tried to help the cultivators and introduce such means which might increase the produce of the land. Bridges and roads were constructed and efforts were made to provide irrigation facilities to the farmers of her jagirs. Takkavi loans were distributed to the needy cultivators. There was also exemption of revenue, in case of calamity. The Begum herself toured the countryside frequently, so that she could personally come in contact of her people and know their grievances. Help was provided for sinking wells. In village called Kandera, she got four walls sunk, and a metallic road was constructed in Bamnauli. Her fields looked greener and more flourishing and the people of her villages appeared happier and more prosperous than those of Company’s provinces.   

Literature, Art, Music & Architecture

                         Begam Samru was a patron of the poets who thronged her court at Sardhana and were encouraged by her benefaction.[29] She herself was efficient in Persian and Urdu and wrote and spoke Persian and Hindustani languages correctly and fluently. In conversation she was engaging and spirited.[30] She took keen interest in Persian and Urdu poetry and encouraged it by bestowing rewards in manner of oriental sovereigns.[31]In her court Harchand, Zafaryab Khan ‘Sahab’, Farsoo, Munshi Gokul Chand, Mirza Rahim Beg and Hira Lal were prominent poets. Begam was also a generous patron of art. Her palace contained an abundance of paintings, many of them executed. There were many great paintings about the palace. Some portraits by Beechy and a few specimens of Chinnery’s landscape were valuable and there was a cartload of trash, three or four good likeness of a native painter Jiwan Ram, who certainly had more of the art in him than any other painter of his time.[32] His portraits, as far as features were concerned, were very faithful and servile copies of the flesh. In life, expression and in figure he could paint an eye, a nose, a mouth most accurately resembling the copy.[33]

                        Sardhana pictures were of historical importance and they displayed the taste of the Begam. Some portraits were to be found in Government House at Allahabad and now in Lucknow and one of them was at the Indian Institute at Oxford[34]. The prominent portraits include the portrait of Begam, meeting of Begam and Lord Combermere after the fall of Bharatpur in 1826[35], Begam presenting a chalice to the clergy at Sardhana, Dice Somber wearing his papal decoration painted at Sardhana, portrait of General Allard & Charles Metcalfe, Col. Steward who when in command at Anupshahr in 1790 was captured by Sikh Chief, Bhanga Singh while out riding and ransomed by Begam for Rs. 15,000. Of the other Sardhana picture, Indian Institute at Oxford possesses the portrait of Fr. Julius Ceasar, the first and last Bishop of Sardhana[36].

                         Music was actively patronized during her reign and she herself was very fond of dance. Chhotoo was a fine musician and enjoyed Begam’s favour throughout her life and was awarded a handsome pension[37].She used to hold Mushairas (poetic symposia) particularly at her kothi in Meerut where now Mr. Puesch resides. Famous poets and budding local talent also participated. Outside the court, bhajans, ragnis, and khayals were popular. Further, Begam took keen interest in feasts and festivals. Dinners and ballroom dancing were arranged at her residence[38]. Several European travelers have given a picturesque description of lavish display of wealth on such occasions[39]. Bacon, who once attended grand feasts, gives a detailed account, which runs as follows, “ The Begum usually gives a grand feast which lasts three days, during Christmas and to which nearly all leading the society of Meerut, Delhi and the surrounding stations are invited, I have by me one of her circulars. Her Highness The Begam Samru requests the honour of ………..’s company at Sardhana on the Christmas eve at the celebration of High mass and during the two following days, to ‘notch’ and a display of fireworks. Tents are prepared in the palace garden for the accommodation of visitors and every luxury, which are profuse outlay can secure, is provided for the company. The tables sumptuously spread; the viands and the wines are alike, excellent. Upon three grand occasions, the Begam usually honours the guest by presiding at the table but she does not herself partake any food in their presence. Not only the numerous visitors entertained in this magnificent style but the whole host of their followers and train are also feasted in the manner equally sumptuous in proportion of their condition. It was strange for Bacon to find that an enlightened British community, the victors of the soil, were paying homage and seeking favour at her foot-stool or even condescending to partake of her hospitality.

                        Begam was a great builder. The buildings which she erected bears testimony to her architectural taste. The most beautiful of all her buildings was undoubtedly, the Church. Begam created this temple of true God, on a scale of grandeur unrivalled at that time in these parts and she lavished on it all the magnificence and beauty, which art generously engaged, could contribute to its embellishment[40]. Begam sent its fine lithographic prints to Pope Gregory XVI and wrote that, “I am proud to say that my Church is acknowledged to be the finest, without any exception in India.”  The Church began to be built in the year 1822 by Mr. Anthony Reghalini[41]. The alter was entirely of white marble brought from Jaipur. Behind it, towers a huge marble tabernacles with a niche, on which was enshrined a statue of the mother of Jesus. This statue was not of the time of Begam, since it was the statue of Our Lady of Lourdes, whose apparitions took place twenty one years after the Begam’s death. In its place there originally was a beautifully painted picture of our lady of the Sacred Heart that now addresses the Seminary Chapel at St. John’s. It was replaced eventually, early in this century by the present statue. The former statue is now the treasured possessions of the convent of Jesus and Mary, where it stands enshrined in a garden, at the back of the Church[42].

                         On the left of the main alter there was the grand monument over the tomb of the Begam. It was the work of the great Italian sculptor, Adamo Tadolini of Bologua, one of the most illustrious followers of Canova. The monument was completed in 1842 at a cost of two and a half lacs of rupees, quite a large sum for those days. It was finally erected in the Church in 1870. Till then, the remains of Begam were confined in the side Chapel, which now enshrines the sacred image of Our Lady of Graces. When the monument arrived, it was found too large to be erected there. Hence, Begam’s remain had to be transferred to the place where they are now.[43] The entire thing was in Carrsra marble, perfectly white. It had eleven life sizes statues and three panels in base relief. The Begum, in her rich Indian dress was seated aloft on a chair of State, holding in her right hand a folded scroll, the Emperor Shah Alam’s ‘ fireman’ conferring on her the jagir of Sardhana. To her right stands Mr. Doyce Sombre in the mournful postures and on her left Diwan Rao Singh her minister. Immediately behind were Bishop Julius and Innayatullah, her commandant of Cavalry and first aid-in-camp in waiting. These four figures stand round a circular drum bearing the following inscription in Arabic, Latin and English: Sacred to the memory of Her Highness Juanna Zeb-ul-nisa, the Begum Sombre, styled the distinguished of nobles and beloved daughter of the State, who quitted a transitory code for an eternal world, revered and lamented by thousands of her devoted subjects at her place of Sardhana, on the 27^th Jan,. 1836 aged 90 years. Her remains are deposited underneath in this Cathedral built by her. To her powerful mind, her remarkable talent and the wisdom, justice and moderation with which she governed for a period exceeding half a century, to whom she was more than a mother, is not the person to award the praise, but in grateful respect to her loving memory is this monument erected by him, who humbly trusts, she will receive a crown of glory that fedeth not away---David Ochterlony Dyce Sombre.Thomas Bacon described the Church as not an ungraceful building. For him it was built entirely for display. He wrote its decorations within the paltry and about the altar there is great deal of tinsel frippery and tasteless ornament, better fitted for a theatre. One slab of white marble there is which is deservedly admired for the beauty of its mosaic work, being inlaid with precious stones in the style of Taj Mahal at Agra.

                       The architecture was mixed and the Church was built after model of St. Peter’s at Rome .H.G Keene in his book Hindustan under Free Lances gives the following interesting account, of the church called Cathedral though when, the author knew the place there was no Bishop- there is not so much to be said. Besides affording the unwanted spectacle of large place of Christian worship in a Hindustani village, the building has no special to notice. It is, however, of respectable dimensions—170 feet long, with a central dome two lofty pines at the last end, the Vicar Apostolic consecrates it in 1829. The interior is paved with marble and relieved by moldings in hand stucco”. With these descriptions it can easily be calculated that the Cathedral[44] was a fine specimen of Muslim-European style. Its beauty and fame have attracted many foreign and Indian visitors[45]. There have great builders in the history of the world, but nearly all of them built building in big cities. It goes to the credit of Begam Samru that she erected the Church and other buildings in a small village like Sardhana and made it a place of world fame.

                        Other buildings of Begam Samru include The Old Palace, The Begam’s Palace, Anthon Kothi, The Begam’s Fort, Former Presbytery St. Joseph’s Convent, The Begam’s Palace at Meerut, The Begam’s Palaces at Delhi (Gernail Bibi Ki Haveli), Presbytery and Catholic Church, Houses at Khirwa and Jabalpur and Catholic Cementry.  

 The Old Palace

                       In front of the gate of the Church there was a big building on the opposite side of the road. The building was in Indian style. The Begam passed her life time in this building. Though it was said that the building was in existence when she assumed the reins of administration, but many additions and alterations were made by her later on. There were underground rooms where the Begum used to retire to escape the heat of summer. She gave this palace to Solaroli, an Italian adventurer and a person of influence in her court. She then shifted into the palace which she built for herself. Solaroli donated this building to the Catholic Diocese of Agra. Later the building served for years as the Parish Priest’s residence and also as an orphanage and seminary.

 The Begam’s Palace

                       This palace was completed in 1835 and Begam lived here for only one year. Bacon visited the palace and gave the following description, It is a handsome a spacious building, though still unfinished. The rooms are very large and well proportioned and the furniture costly though heterogeneous and badly arranged. The whole establishment is a mixture of grandeur and bad taste. Bacon account was somewhat prejudiced. On the whole, the building arrests attention. It was constructed by the same architect, who built the Church. Inside, there was the Begam’s bath, all in marble with designs inlaid in Petra Dura and a very pretty apartment, the audience hall or throne room. Its gate way was very impressive and was known as the Sher-Darawaza. The palace or Dil-Kusha kothi, stands in a vast enclosed garden and was raised upon a basement 11 feet in height. The portico looks north and the landing of the staircase projects. Parallel to the projection was a hall 42 feet by 36 feet, from which the various apartments open on three sides. A winding staircase leads to somewhat similar rooms on the other side. The whole façade was about 160 feet in height and open on four principle sitting rooms besides the central hall. There were bedrooms in the rear. The Catholic mission of Agra purchased the Begam’s Palace with the annexed garden in 1897 for Rs. 25,000. At present the Begam’s Palace lodged the Saint Charles Inter- College

Anthon Kothi

                        Outside the front of the palace compound there stands another large building surrounded by an extensive compound. It was the residence of Major Anthon Reghalini, The architect of the Church and Begam’s Palace. At present it is a primary school.

Begam’s Palaces at Delhi

                        On a smaller scale a palace was built at Delhi. It consisted of a splendid mansion, the two or three smaller houses. It was in Gothic style, modeled on her haveli in Sardhana. It stands at the beginning of Chandi Chowk and is today hidden behind a cinema hall and a bank and is known as Bhagirath palace. She also built a beautiful palace near the palace of Sahiba Mahal, the wife of Mohammed Shah Rangella. It was known as Gernail Bibi ki Haveli. But the palace was destroyed by the British Government and a railway line was constructed over it near Kauria Bridge. Nowadays, there is also a railway godown.

The Begam’s Palace at Meerut

                        A large and commodious house was built at Meerut. It lies on the south of the Meerut College. The Begam generally visited the palace for a couple of months towards the close of the year, bringing with her the chief of her trains.

Prestybery and a Catholic Church

                        The Begam built a prestybery and a Catholic Church for the British soldiers and officials in Meerut in 1834, which was given to the Government in 1862. In the same year, the present Catholic was solemnly blessed.

Houses at Khirwa

                        She built a very fine house in Khirwa in Feb., 1828.

Residential Houses at Jalalpur

                        Begam also built a residential house at Jalalpur. The ruins of this house were still in existence in about 1874.

Catholic Cementary

                         This was also the monument of Begam’s time. Many persons connected with the Begam’s life were buried here. Some monuments were extraordinary beautiful. The domes were beautifully designed and several parts of the inside were silver painted. Many of the monuments are now in a sad state of decadence and require proper maintenance. Lady Forester, the wife David Dyce Sombre, built a hospital with the money left by The Begam for the purpose. A slab on the main Building records its beginning  Her highness the Begam Somber having left a certain sum of money for charitable purposes, the same was applied in the erection and the endowment of this hospital and dispensary by the right honourable Mary Anne, the baroness Forester bfor the benefit of the poor of Sardhana, Anno Domini 1861.

Religious Policy

                        Begum Samru was a benevolent ruler. For her, there was no distinction between a Hindu, Muslim or Christian as far as appointment/promotion in the public services were concerned. The use of force in conversion was unknown and all religions were put on equal footing. Diwan Har Karan das, Rao Diwan Singh, Diwan Nar Singh Rao, Vakil Manna Lal and Munshi Gokul Chand were all Hindus and held important posts. Inayatullah was her commandant of cavalry and first aid-de-camp in waiting. Agha was head of the treasury. Abul Hasan Beg was a commander in her service. Except the army, the administrative machinery of the jagir was completely in the hands of Hindus and Muslims. The use of Persian as the language of the record and accounts led the Hindus and Muslims to occupy every office and no office was beyond their reach. A Christian colony had developed had developed in Sardhana because the Begam herself was a Christian and her army officers too were Christians. During her reign, some people of lower castes converted themselves into Christian faith due to the genuine efforts of the priests, but no force was ever used in doing so. As a good Christian, Begam made large grants for charitable purposes[46]. The Church at Sardhana was erected, costing four lacs of rupees. She also gave rupees 1, 00,000 to the Catholic Missions of Calcutta, Bombay and Madras; rupees 30,000 to that of Agra; rupees 12,000 to the Church at Meerut; rupees 50,000 to the Archbishop of Canterbury and during her life she gave rupees 150 thousand or 143 thousand seven hundred and four pounds three shillings and four pence to His Holiness, pope Gregory XVI[47].

Estimate of Begam Samru

                       Begum relieved her territory from anarchy and restored peace and order. She was distinguished by an unusual energy, enterprise and courage which enabled her to occupy a position of eminence. All State Business was transacted under her own eyes. She gave audience, carried on diplomatic correspondence with regularity and supervised closely the activities of her subordinates. Peace and order were well kept throughout her dominions[48], no lawless chiefs were allowed to harbour criminals and defraud the public revenue and the soil was maintained in complete cultivation. This was highly commendable for an Asiatic ruler.[49] It was due to her singular genius that she successfully ruled and attended to the political and diplomatic problems at a time when, on the political field of India, there were brilliant officers like Wellesley, Cornwallis, Barlow, Minto, Lord Hasting, Amherst and William Bentinck as Governor General; David Octerlony, Seton, Metcalfe, Martin and Fraser as Residents of Delhi and Arthur Wellesley (who later on defeated Napoleon in the battle of Waterloo) and Lord Lake as Generals. These men were of superior caliber and were on the scene. Kilpatrick, Close, Elphinstone, Malcolm etc were also men of experience and talent. In the history of British India such a galaxy of statesman, warriors and diplomats were never noticed. The Mughal emperor called her the most beloved daughter and the jewel of her sex. Mahadji Sindhia ever thought of her as his staunch supporter. She served Daulat Rao Sindhia to her utmost, but the attitude of Ambaji Engle and Perron changed her mind. She outwitted Lord Wellesley and was very much applauded by General Lake[50]. William Bentinck always treated her as his most esteemed friend.

                        Like Victoria who ruled over England for a period extending over sixty three years, Begam Samru ruled the Sardhana principality for 58 years. Like Ahalya Bai, she maintained a stable and almost idyllic regime at Sardhana and like Chandbibi, who defended the city of Ahmednagar with valour, equal to that shown by Rani Durgawati in Gondwana, Begam Samru kept her principality safe against heavy odds. Razia Sultan and Nur-Jahan were little much to the abilities of Begam Samru whose outstanding position as a great political and military leader stands unsurpassed. Crafty and forceful, the Dowager Empress Tzu Hasi proved worse than a failure in China, lacking foresight and judgment, whereas Begam Samru’s remarkable ability made her outstanding among the galaxy of great women of the world in her own small way[51].

                       It was owing to her wisdom and practical ability that Chandkaur mother of Naunihal Singh once declared, “Why should I not do as Queen Victoria does in England? She would come out of the Zanarra, wear a turban or ride on elephant as a Sardar and receive the English Sahibs as did Begam Samru[52]. She certainly was a remarkable lady, the first and the last of the women who rose from the status of a dancing girl to a position of distinction and ruled over one of the most fertile plains of India. The greatness of Begam Samru lay in her spirit of liberality and justice which distinguished her character.

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1.       According to Sleeman she must have born in or about 1741 as he writes, “Begum was baptized at the age of 40 by a Roman Catholic priest under the name of Joanna on 7^th May, 1781” (1836 was the year of her death). Mr. Higgan Botham referring to Bacon’s works says that she died at the age of 89, which places her birth in 1747. Mr. Beals states that she was aged 88 limar year’s equivalent to about 85 solar years. This places her birth in 1751. Mr. Keegan like Mr. Atkinson who stated her birth in 1751 states says that “So far as the date can be plausibly conjectured, she was born in about 1750.” Mr. Banerji places the date of her birth in 1750-51 pointing out in a letter addressed to Pope Gregory the 16^th by Dyce Sombre( her adopted son and heir) in 1836 which was the year of her death, she is said to have reached the age of 85. This view is also supported by George Thomas who was her famous general. He described her in 1796 as follows; Begam Samru is about 45 years of age, small in stature but inclined to be plump. 

2.       Concerning her parentage there are various accounts. One historian asserts that she was the daughter of a decayed Mughal Nobleman (Francklin). Another that, she was a Kashmiri dancing girl( Bussy in a letter od March 3, 1784 to Marechal De Castries) and third that she was by birth a Saiyyidini or lineal descendant of the prophet(Sleeman). Much more surprising was the account written by Lt. Governor of the N.W Provinces on 4^th May, 1836, which is as follows---“Having been previously, it is most probable, bot Hindoo and Mohammadan, the former by birth and the latter in consequence of her profession”. As a matter of fact, it is doubtful whether she herself knew of her parentage. Sleeman visited Sardhana on 7^th Feb, 1836 and gathered information which can be relied upon. He writes,” The Begum Samru by birth a Saiyyidini , or lineal desendant from Muhammad, the founder of Muslim faith “.( Rambles and Recollections of an Indian official, Vol. II, p-267)

3.       Fancklin, “History in the Reign of Shah Alam”, p-147.

4.       H.R Nevill in Meerut District Gazetter states on page 157 that, “This remarkable women was the daughter of one Asad Khan, a Musalman of Arab descent.” But Banerji tells “We only know that her father was a nobleman named Luft Ali Khan.” p-14. It seems that Asad Khan was none other than Luft Ali Khan.

5.       North West Frontier Province Gazetter, Vol. II, p-96.

6.       Bacon, “ First Impressions and Studies from Natives in Hindustan, Vol. II, P-35

7.       Ibid.

8.       Sleeman, Rambles and Recollections of an Indian Official, Vol. II, p-268.

9.       Banerji, Begam Samru, p-14.

10.    Refut. P-372.

11.    Extract from the proceedings Sadar Board of Revenue, May 30, 1840, Vol. 166, No. 28, p-35.

12.    Foreign Poli. Progs. 22-29 Oct. 1832, S. No. 678.

13.     Letter from Octerlony to Begam Samru dated 11^th May, 1804.

14.    According to ‘parwana’ available in State Archives Allahabad, the Begum on Feb. 1, 1798 granted 40 bighas of land situated in village of Khatauli, as a rent from land to Mohammed Suleh Khan. The Begam also ordered that the grantee should utilize its produce for his livelihood and pray for the welfare of the State. State Archives, Allahabad. No. 1867.

15.    Begam to Lt. Col. Octerlony, dated 3.2.1804, Sec. Progs 2-3, 1804, No. 252.

16.    M.N Sharma, Life and Times of Begam Samru of Sardhana, Vibhu Prakashan, U.P, 1985, P-138.

17.    Sir Charles Metcalfe’s Minute, dated 7 No., 1830.

18.    Foreign Poli. Progs. 22^nd Feb., 1836. No. 26, p-23.

19.    Foreign Dept. Poli. Cons. No. 25 dated 22^nd Feb., 1836, p-1.

20.    Atkinson, Statistical, Descriptive and Historical Accounts of Meerut(Mirath) District, p-295.

21.    Skinner, Excursions in India Including a Walk Over, Vol. II, p-53.

22.    Compton, A particular Account of the European Military Adventurers of Hindustan, p-174.

23.    A sketch of the rise, progress and termination of Regular Corps, formed and commanded by Europeans in the service of Native Princes of India etc. Smith. L.P.1805.p-5.

24.    These two villages were Nirpura and Doghut (now in Meerut Distt.). In the time of Begam, these villages were kept separate and the average assessment amounted to Rs. 24,700 for both.( Extract from proceedings of Sadar Board of Revenue May 30, 1840, Vol. 166, p-28)

25.    Foreign Poli. Cons. No. 30, 21^st Aug., 1819, p-3.

26.    Atkinson, North West Frontier Gazetter, Vol. III, p-432.

27.    Nankar was the regular deduction allowed on the zamindari. It was an allowance to the village community differing in each village and ranging from 2% to. 2.5% on the Jamuna. The income from which was utilized for the maintenance of the zamindars and their families.

28.    Extract from the proceeding Sadar Board of Revenue, Vol. 166, p-38.

29.    Saxena R.B, Indo-Europen Poets of Urdu and Persion, p-258.

30.    Keegan, opcit, p-32.

31.     Saxena R.B, opcit, p-258.

      32.    Bacon, opcit, p-223.

33.    Ibid.

34.    Bengal: Past and Present, Vol. XXX, p-203.

35.    Begum also sent to General Lord Viscount Combermere, her portrait and insisted upon a return of compliment. The picture, a work of a native artist, who resided in Meerut and had made a respectable progress in arts was an exceptionally good likeness.(Mundy, Pen and Pencil Sketches in India, p-179)

36.    Bengal: Past and Present, Vol. XXX, p-203.

37.    Foreign Poli. 23^rd May, 1836, Cons. No. 75.

38.    Poli Progs, 8^th July, 1831, Cons. No. 96, p-278.

39.    At the dinner, Begam seemed in excellent humour and handed jokes and compliments with His Excellency (Lord Combermere) through the medium of interpreter. When the feast ended, European officer in her service walked around the table and invested each of the guests with a long necklace of tinsel. (Mundy, Pen and Sketches in India, p-181)

      40.    Heber, Narrative of a Journey Through the Upper Provinces of India, p-543-45.

41.    Keegan, opcit, p-3.

42.    Patrik Nair, Sardhana, p-47.

43.    Ibid.

44.    The Church was once known as Cathedral because at that time Sardhana had its own Bishop.

45.    It annually attracts nearly two million visitors. Twice a year, in March and November pilgrimages are organized in this shrine. Besides, every day people come to ask for favours or to thank Her for those received.

46.    Poli Progs. 25 Nov.-2^nd Dec. 1831, S.No. 655, Cons. No. 16 , p-17.

47.    Poli Progs. 25 Nov-2^nd Dec., 1831, A. No. 655, Cons No. 16, p-118.

48.    Keene, The Fall of the Mughal Empire, p-241.

49.    Ibid.

50.    Substance of a letter from Lord Lake dated 6^th August, 1805, “I have been highly gratified by accounts from Mr. Guthrie of your Highness’s goodwill and friendship towards the British Government, that Gentlemen has been requested to wait upon your highness and adjust carefully all your affairs and be assured of the lasting and uninterrupted support and countenance of the British Government”.

51.    M.N Sharma, opcit, p-184.

52.    Ibid p-185.