Reviews

[We shall be glad to review books in all Indian languages and in English, French and German. Books for Review should reach the office at least SIX WEEKS in advance of the day of publication of the Journal].

The States and their People in the Indian Constitution.–By D. V. Gundappa. (Karnataka Publishing House, Basavangudi, Bangalore City, Price Rs. 2 or 3sh.)

Mr. Gundappa has done a distinct public service in coming forward with a much needed publication forcibly presenting the case for the States people, at a time when no month passes without fresh contributions being made to Indian bibliography on the rights of the Rulers of Indian States. Any federal constitution which may he devised must, in order to be enduring, have its ultimate sanction in the willing consent and acquiescence of the people of the Indian States.

Mr. Gundappa's treatise is thought-provoking and is sure to form rich addition to the literature on the subject, though, in many respects, his views run counter to what one may call the orthodox views on the subject of Paramountcy and the limits of the right of intervention of the paramount power, the sphere of parliamentary legislation, and how far the relation between the Ruler of an Indian State and the British Crown or of his subjects and the British Crown fall within the concept of allegiance ordinarily described in constitutional law books.

In regard to the subject of allegiance, the writer takes the bold line that the subject of an Indian State owes allegiance to the British Crown and is under a double allegiance, both to his Ruler and to the British Crown. In support of his theory, he mainly relies upon the trial and conviction of the Yuvaraj of Manipur. He makes a point of the fact that the subjects of the States are for international purposes in the same position as British subjects, and he refers to the provision in the Government of India Act as to the eligibility of Rulers of Indian States, subject to certain conditions, for any civil or military office under the Crown, and to the electoral rules enjoining an oath of allegiance when a Ruler or subject of an Indian State happens to become a member of a legislative house of British India. At the same time, he does not overlook the fact that, in regard to Section 7 of the Naturalisation Act in England, the subject of an Indian State has been treated as an alien. It need hardly be pointed out that Mr. Gundappa's views on this subject are not in accord with the views expressed by Prof. Holdsworth in his recent article in the Law Quarterly and of Mr. Julian Palmer in his essay on Sovereignty and Paramountcy in India.

On the subject of the power of Parliament to legislate for the Indian States, integrating them with British India in a future Constitution or enjoining a particular constitutional machinery for the States, the author seems to be clear that Parliament has such power. Evidently the opinion is founded on some theory that the legislative supremacy of Parliament or its power of intervention is a necessary concomitant of the doctrine of paramountcy. The preponderance of opinion is against the existence of any such power in Parliament. There is this, however, to be said in favour of Mr. Gundappa's view, that, like the Foreign Jurisdiction Act and the Slave Trade Act, there have been instances in which Parliament has brought within the scope of its legislation the subjects of the Indian States, and that no definite theory has been formulated for justifying parliamentary legislation in these cases as exceptional by writers on constitutional law, so as to negative the jurisdiction of Parliament in other cases.

In regard to the relation between the Indian States and the Crown, the author is definitely against the purely contractual theory put forward before the Butler Committee by Prof. Somerville and Sir Leslie Scott, who would restrict the ambit of the powers of the paramount authority to the extent of the cession or delegation of sovereignty by the Rulers of particular States. He does not subscribe to the doctrine that the powers of intervention are confined to grave cases of internal and external danger. His view in many respects approximates to that of the Butler Committee, that the relationship is not governed purely by the letter of the Treaty, but is a living, growing relationship, shaped by circumstance and policy.

The main point of difference between Prof. Holdsworth and Mr Gundappa is that, whereas, in so far as constitutional changes are concerned, Prof. Holdsworth would set a limit to the powers of interference without the consent of the States concerned, Mr. Gundappa argues in favour of the plenary powers of the British Crown and Parliament to forge a new Constitution as a corollary to their duty to the States' people. At the same time, he vigorously combats the theory put forward in the Nehru Report and by Sir P. S. Sivaswamy Aiyer that the treaties entered into must be construed as being in the right of the British Indian territories of the Crown, that the rights and obligations of the British Crown under the treaties automatically devolve upon a changed British Indian Constitution, and that there is thing to preclude the Crown, with the consent of Parliament, from erecting any agency it liked for the purpose of enforcing its rights and obligations. Whatever might be the political or the practical aspect of the question, one cannot fail to notice an apparent contradiction in standing for Parliamentary sovereignty and the right of the British Crown to force a Federal Constitution upon the Princes, while at the same time denying to Parliament and to the British Crown the right to erect a special statutory machinery in India, with the aid of which the Crown may fulfil its obligations. We are however not to be understood as not favouring the ideal of Greater India, or as standing for the rights of the people of British India or a British Indian Constitution as against the Indian States or their Rulers. That is a question not merely of legal or constitutional technicality but one of high State policy.

We have no doubt that the Federal Structure Committee will give their most sympathetic consideration to the rights of the States' people, and Mr. Gundappa's outlines of the Constitution will surely be of great assistance to them in the framing of the Constitution of Greater India.

‘LEX’

India's Pilgrimage.–By Kanu Desai. (Published by the Prasthan Office, Ahmedabad. Price Re. 1/)

This is a pictorial summary of the civil disobedience movement by the well-known artist of Gujerat. A difficult theme, not unworthily handled, and one perhaps which greater masters of figure drawing and composition would fare no better with. It is therefore not Desai's fault, that he occasionally falls short of expectations, exaggerated as these may be by our too close proximity to the events described. If the repercussions of the Gandhian revolution are evident in the art and outlook of distant America, there is no wonder that, nearer home, life has been revitalised, and the musician vies with the painter in paying homage to one, who, after Buddha, may truly be called the saviour of the people and who has ushered in a type of heroism, for which India, land of heroes, has no recent parallel.

With true historical instinct, Desai has juxtaposed the quest of Asoka and Gandhi on either side of the column of Saranath with the Dharma-chakra symbolising Buddha. What a trinity and what a message for warring mankind! Desai strikes every note, from the homely send-off to the departing hero, on through the hymeneal welcome of the villages and towns, to too tragedy of the ‘C’ class prisoners or that of the derelicts leaving hearth and home, or the solace of release and the rapture of the uphoisted flag. In addition, there is an intriguing outline of Mahatmaji in search of truth. One wishes Desai had given us more pictures of this type. One wishes that he had confined himself to pen and ink and eliminations of the silhouette over which, he has easy mastery, in preference to enumerating details of figures–a province where he has not come by his own yet. A notable picture of the series is ‘War path’ in which a pair of feet render out of date the elaborate usances of militarism. The printing and get-up are excellent.

K. V. R.

Principles of the Constitution of the United States of India: - Part I, By R. G. Pradhan, M.A., L.L.B., Nasik (Price Re. 1/)

This book on the burning topics of Indian constitutional changes deserves to be widely read by all Indian thinkers and statesmen. Discarding mere platitudes, the author, a good student of constitutional law that he is, formulates certain definite principles which should govern the new changes.

Unlike the books that were written prior to and during the sittings of the Round Table Conference in London, with a brief from one party or the other, the book is the outcome of a subtle brain with feet deep in Mother Earth.

Three fundamental questions are dealt with in the present part: (I) The question of an All-India Federation, (II) The question of Defence, and (III) The question of the Minorities.

The author finds that an All-India Federation is not impossible or objectionable in itself. Objections to an All-India Federation on the ground of its being incompatible with the goal of responsible Government are examined.

The constitutional problem in relation to the Defence of India is analysed in a penetrating manner and the Simon Commission's deep distrust of Indians is rightly exposed. Many constructive suggestions are made regarding the future of Indian Defence. "The crux of the problem," as the author puts it, "is the quickest formation of a national army fully equipped and trained, and officered by Indians quite capable of exercising command and directing the operations of war, in case the territorial integrity of India is actually threatened."

While on the problem of the Minorities, the author rightly expresses approval of the Nehru solution. The Nehru proposals are indeed so "reasonable that they should be acceptable to the Mohammedan Community." The author, in order to kill the communal aspect, suggests a provision in the Constitution that before taking his seat every member should "take an oath that he will be true and devoted to the national intrests of his mother country."

The book could certainly have been better got-up. The contents more than make up for this want and we are eagerly awaiting the second part of this sound work.

K. R. R. SASTRY

KANNADA

Viswakarnataka Yugadi Sanchika. –(Edited by T. T. Sarma, Visveswarapuram, Bangalore City. Price Re. 1/)

The New Year Number of the Viswakarnataka is a highly commendable production. It evidences fine taste and a liberal outlook. In three sections, devoted respectively to Science, Politics and Literature, a mass of interesting information has been brought together. The progress of scientific research and India's contribution to it; the advance in political idea and the Indian struggle for freedom; a short account of English literature followed by illuminating essays about literary developments in the various Indian languages–Kannada, Telugu, Malayalam, Tamil, Hindi an Marathi–such is the plan of the Annual, and the plan has been carried out with skill. It sets an example to similar Annuals in other parts of India. The Annual is adequately illustrated, and neatly printed. The coloured frontispiece–Mirabai–is, however, of poor quality.

K. R.

TELUGU

Andhra Nata Prakasika.--By Pasumarti Yegnanarayana Sastri Masulipatam (Price Rs. 4/)

For several years, Mr. Sastri devoted his time and energy to study of the modem Telugu drama, in its literary and technical aspects. He toured the Andhra districts, met individual actors, witnessed their performances on the stage, discussed with them the problems their craft, and set down the results of his study in the present volume. The first part deals with the drama as it evolved in ancient India and the theories of the Sanskrit rhetoricians. By far the most valuable portion is the second, giving a history of the different dramatic associations that grew up in Andhradesa in the latter part of the 19th century, and a detailed description of particular plays, playwrights and actors. Much of this material has been collected with care and used very judiciously. Men’s memories are short, and, but for a volume of this kind, the anecdotes, the incidents and the delicate personal touches, that are the essential elements of literary biography, might be altogether lost to the present generation.

Poor, neglected and struggling against heavy odds, these pioneers of modern Telugu drama were filled with love for the stage and gave their all to make it worthy of the motherland. Most of them were amateurs. Petty schoolmasters, clerks in Government offices, or briefless lawyers, came together in the evenings and conned their parts, in brief intervals of leisure. What would we not give to know more of the lives of men like Hari Prasada Rao, Kandadai Srinivasachari and Emani Lakshmanaswami? Mr. Sastri has rendered a great service to the cause of Telugu literature, and we have no doubt his work will prove extremely useful to future writers on the subject of the Telugu drama.

The criticism of living actors is always a delicate, and, in the main, a thankless task. Artists are sensitive, and even well-meant ciriticism is resented. But Mr. Sastri has shown considerable tact and has generally managed to fulfill the functions of a critic without giving offence. Even where he has felt compelled to point out defects, he has done it with grace and good humour. One may not always agree with his judgments, but his sincerity and freedom from rancour will be recognised.

The book is profusely illustrated with photographs of dramatists and actors. Mr. Sastri's is a labour of love and the Andhra public ought to show their appreciation by enabling him to bring out further works. In a second edition, Mr. Sastri will do well to deal with the popular street-drama of the Telugus, and its influence on Telugu life.

Today in Andhra, there are eminent actors, but dramatic associations have given place to chance groupings of actors performing what are called ‘contract’ plays. This is a most undesirable phase. We do hope that efforts will be made to revive the amateur associations, and make the stage a powerful factor in national life. The number of good plays is small, and the same plays are performed over and over again. All this has got to be changed. Mr. Sastri's book will, doubtless, stimulate thoughts and lead to improvement in all directions.

K. R.

Bhava Nayika.–By Prof. B. Ramajoga Rao [The Andhra Patrika press, Madras. Price As. 8.]

It is something of a surprise–though pleasant–to be told that a physical culture expert and captain of volunteers turned a poet behind the walls of the Vellore Central Jail. But such is the fact. This little book poems is remarkable in that it has been written, illustrated, and commended in verse and song, by political prisoners. Mr. Mutnuri Krishna Rao, Editor of the ‘Kistna Patrika’, has actually burst into Sanskrit verse in praise of the Professor's literary performance.

Where so much praise has been lavished, we need add nothing beyond a word of commendation. These lyrics are the outpourings of a poetic soul, in sweet, simple Telugu. Mr. Ramajoga Rao warns us that some day the Nobel Prize for Literature will be his. If that day should ever dawn, none will congratulate him more warmly than ourselves.

K. R.