Inter-Dominion Agreement – 1948 / History

History

Partition of India 

On June 3, 1947, the Government of Britain announced the partition plan of India to be implemented by June 1948. On 18 July, 1947, the British House of Commons adopted “Indian Independence Act-1947” and promulgated in the midnight of 14 & 15 August, 1947 and transferred the powers to two successor dominions of India and Pakistan1. Viceroy Lord Mountbatten (1900-1979), to execute the partition of India, established “Partition Committees” responsible for dividing administrative structures, including bureaucracies, police forces, army, treasury, public assets such as irrigation systems, railways, educational institutions, and government offices. Under section 3 & 4 of the Indian Independence Act-1947, delineated the division of erstwhile Bengal and Punjab provinces between India and Pakistan.

The Partition Committees of Punjab and Bengal were equally represented by Hindu community nominated by Indian National Congress (INC), founded in 1885, Bombay, and Muslim community nominated by All-India Muslim League (AIML), founded in 1906, Dhaka. In case of the division of Punjab, Congress Party agreed to include one Sikh representative from Sharomani Akali Dal (SAD), founded in 1920, Amritsar, for Punjab Boundary Commission. Muslim League proposed inclusion of independent chairmen for each Boundary Commission, may be hired from the United Nations (UN) or as proposed by Mountbatten to invite International Court of Justice (ICJ) for selection of the chairmen of two boundary commissions, however, both INC and AIML could not reach consensus on the selection criterion of the Chairmen of Boundary Commissions. Finally, the Viceroy, in agreement with INC and AIML, appointed Sir Cyril Radcliffe (1899-1977), a British lawyer from the United Kingdom to demarcate the boundaries between Punjab and Bengal.3 

All India Muslim League, was not in favor of partition of Bengal and Punjab, rather wanted full inclusion of the two provinces in Pakistan as endorsed in historic “Lahore Resolution” passed on 23rd March, 1940. The Muslim population in Punjab was 57 percent and in Bengal 55 percent, respectively4. The East and West Punjab Assemblies met on 23 June, 1947 and voted on the question of partition of Punjab. The Parliament of West Punjab, with steadfast resolve, declared its opposition through a formal resolution, whilst the Parliament of East Punjab, in a manner wholly at variance, proclaimed its approbation of the partition of Punjab. Statistically, the West Punjab Assembly voted against partition of the province by 99 votes to 27. However, the East Punjab Assembly decided in favor of partition of the province by 50 votes to 225. The respective results showed profound and irreconcilable divergence between the two administrative parts of the same province. However, the British government wanted to safeguard the imperial interests with the least possible damage to their prestige.6 

In 1947, the population of undivided India was 390 million, of which approximately 60 million—30 million each—resided in what became West Pakistan and East Pakistan. The partition of India made 16.6 percent erstwhile India population to the citizens of Pakistan. The demarcation of two boundaries pushed approximately 14.5 million people to cross the borders and one million killed during the passage of pangs of partition. Simultaneously, 562 Indian princely states were allowed to join either India or Pakistan based on the wishes and religious consideration of their people. These states were semi-autonomous regions ruled by local monarchs under the suzerainty of the British Crown. In Punjab, the total number of princely states was 16 out of which Patiala, Jind, Nabha, Kapurthala, Faridkot, Malerkotla, Kalsia joined East Punjab. Whereas, Bahawalpur was the only princely state which acceded to Pakistan and integrated with the province of west Punjab in 1947. 

Partition of Punjab 

Undivided Punjab (Area) 99408 Square Miles 

West Punjab 61980 Square Miles 

East Punjab 37428 Square Miles 

Undivided Area (irrigated) 26 million acres 

West Punjab Area (irrigated) 18 million acres 

East Punjab Area (irrigated) 08 million acres 

Cultivable area (West Punjab) 19 million acres 

Cultivable area (East Punjab) 14 million acres 

West Punjab (Population) 15.8 million 

East Punjab (Population) 12.6 million 

Radcliffe Award, Territoriality and Water Anxiety 

Sir Cyril Radcliffe appointed by Lord Mountbatten, served as the chairman of two Boundary Commissions tasked with dividing Punjab and Bengal and demarcating international boundary between India and Pakistan. Radcliffe with no prior experience in India, arrived in Delhi on July 8, 1947. In the past, the Britain have had the experience of demarcating international border, through diplomatic engagement, between British India and Afghanistan. Henry Mortimer Durand (1850-1924), Foreign Secretary of British India and the Amir of Afghanistan, Abdur Rahman (1840–1901), signed an agreement on 12 November, 1893 and drew 2640-kilometer-long Indo-Afghan boundary known as “Durand Line,” in fact, finalized in a span of two years 1895. 

The term of references for division of Punjab and Bengal as enunciated in Indian Independence Act-1947 was “geographical contiguity” areas of Muslims and non-Muslim population, and “other factors” to ascertain and demarcate the international boundary between India and Pakistan. The Boundary Commission used the demographic results of Indian Census held in 1941 to determine contiguity majority areas of Muslim or non-Muslim. However, the Commission did not exactly define in its terms of reference the land “unit” to be used to determine the contiguity of Muslim and non-Muslim territories in the two provinces. Sir Zafarullah Khan (1893-1985), representing All India Muslim League before the Commission, confirmed that partially “tehsil’ had been used as territorial “unit” to determine the limit of contiguity areas in the final arguments before the Boundary Commission8. 

The British-Indian government established a Punjab Partition Committee (PPC) and Arbitral Tribunal to divide and manage the assets of Punjab between India and Pakistan. The Punjab Partition Committee (PPC), was composed of the Governor of Punjab as chairman with two members; Sardar Sawarn Singh from East Punjab and Sardar Shaukat Hayat from West Punjab. In case of any difference in the decision of the PPC, the matter can be referred to the Arbitral Tribunal. the Arbitral Tribunal was headed by Sir Patrick Spence (1885–1973), former Chief Justice of India, Sir Harilal Jekisundas Kania (1890 –1951) on behalf of India, who became first Chief Justice of India in 1947 and Justice S Ismail to represent Pakistan. An expert “Committee-B” was constituted to address the matters pertaining to the division of joint assets including “canal water”. 

On 28 July, 1947 Punjab Partition Committee, considered the Report of Expert of “Committee-B” enunciated at paragraph-15 that: “the committee agreed that there is no question of varying the authorized shares of water to which the two zones and various canals are entitled”. The PPC appointed Sarup Singh, Chief Engineer, Irrigation, East Punjab and M.A. Hamid, Chief Engineer, Irrigation, West Punjab to to put up a “joint proposal” for maintenance of supplies of water from UBDC and Ferozepore Headworks.

At this point, Chaudhry Muhammad Ali asserted that the issue of canal water sharing had satisfactorily been decided by “Committee-B”, therefore “no question of varying the authorized shares of water to which the two zones and the various canals authorized.” Further the Committee-B agreed to maintain pre-partition shares of water in respective canals and had not referred the issue to the Arbitral Tribunal and the questions of “valuation” of “canal system” and “wasteland” remained unconcluded. 

The Punjab Boundary Commission was constituted of equal numbers of Muslim and non-Muslim jurists, included, Justice Din Muhammad (1897–1961), Justice Muhammad Munir (1895-1979): representing the Muslim League and Justice Mehr Chand Mahajan (1889-1967), Justice Teja Singh (1898-1965): representing the Indian National Congress. Despite a broader mandate, the members were looking after the interests on party lines, therefore, the final words rested with the British Chairman to announce the boundary verdict. Justice Munir, a Muslim member of the commission, recorded his resentment on the overt biases and covert support shown by Mountbatten and Radcliffe to safeguard the interests of India. In the wake of flagrant disposition of British authorities towards India, Munir offered his resignation to Quaid-e-Azam Muhammad Ali Jinnah (1876-1948), which he turned down. 

Chaudhry Muhammad Ali (1905-1982) who represented All India Muslim League in the Partition Committee, on 10 August 1947, informally discussed shameful violation of the principles of partition by Radcliffe with chief of staff of viceroy of India, General Lord Hastings Lionel Ismay(1887-1965), without having any formal response11. Even Jinnah was greatly upset by the abominable award and interpreted it as incomprehensible and even perverse, he decided to live up to the commitment and to abide by the decision and asserted that we must bear this blow ‘with fortitude, courage and hope. 

The British ruled India for more than two and half centuries, and Mountbatten decided to leave the jewel of the British crown within seventy-three days seemed somehow a hasty decision. Radcliffe disbursed his award and divided the most historically important and highly populous provinces of Punjab and Bengal. He delayed the announcement of the boundary award till 18 August, allegedly gaining time to make certain adjustments and compromises in favor of the preferred party(ies). In the result of the Radcliffe Award, Pakistan was left with a highly insecure and exposed border with India. The token of religion was used as the main criterion to dismember villages, farms, and homes, and infrastructure and sowed deep-seated hatred among the Punjabis. The vibrant culture of Punjab, shaped over centuries of cultural, religious, and social cohesion, evaporated within days, kneaded one million dead bodies along the soil of the new border. The partition of Punjab left approximately ten million people homeless, on both sides of the border. 

Radcliffe Award allotted, unjustly, the Muslim majority areas to India and not a single Hindu majority area was awarded to Pakistan. The rule of “other factors,” was mostly used biasedly to benefit India rather than Pakistan. In Punjab, Muslim majority tehsils including Ajnala, Jullaudhar, Nakodara, Zera and Ferozpur were awarded to India.15 Along the territorial border of the state of Jammu & Kashmir and Punjab, Muslim majority tehsils of Gurdaspur, Batala, and Pathankot in Gurdaspur district were also allotted to India. The decision was seen as openly “biased” against the Muslim interests and pre-planned attempt to facilitate India to provide contiguous land route with Jammu and Kashmir.

“The Commission deviated from their duty to fairly and impartially draw the boundary between India and Pakistan a day or so before the announcement of the official land award because of one reason: water”. Further, political maneuvering, personal connections, technical and strategic interests of “bigger” India successfully acquired the control of land and water of newly born Pakistan. The Muslim member(s) of the Punjab Boundary Commission unequivocally expressed their dissatisfaction with proceedings of the commission and tendered resignation to Jinnah, though it was declined. The Muslim member(s) also alluded Jinnah that Radcliffe had already predetermined the boundary line, which they believed was heavily biased against interests of Muslims of Pakistan. 

Politically, no faction in nascent Pakistan was able to mount a meaningful protest in political terms, nor did any dare to openly reject the “moth-eaten” formation of Pakistan. The leadership of Pakistan subserviently remained silent and accepted a truncated Pakistan as fait accompli carved out by the hands of Radcliffe or Mountbatten. Ayesha Jalal argued that the demand for the partition of India was a colossal miscalculation. The prevailing conditions compelled Jinnah to acquiesce in the creation of the very ‘maimed, mutilated and moth-eaten’ nation which he had rejected in 1944 and again in 1946. 

The Radcliffe Award severed almost all essential infrastructure with particular damage to irrigation infrastructure built during the last eight decades by the British Raj in the Indus Basin. Indus River and its five tributaries were cut in a fashion to bifurcate Punjab in to East and West Punjab. Before partition, 37 million acres of arable land used to receive canal water for irrigation. The partition, transferred 31 million acres to Pakistan and 6 million to India20. In the pre-partition era, neither India nor Pakistan had any storage dam facility to regulate the flow of canals for irrigating arable lands. 

Radcliffe award undermined the socio-economic interest of West Punjab. Two of the most important and crucial river headworks of Madhopur, on Ravi River, and Ferozepur on Sutlej River were awarded to East Punjab, India. Whereas, the lands and canals of “Bari Doab” to be irrigated by these waters were situated in the West Punjab. India, in an effort to garner international support for its actions, often emphasized that it received only three out of the sixteen pre-partition canals. This argument underscored the intention to expand and develop water infrastructure, not only to plan the immediate needs of post-partition period but also to boost future economic activities through enhanced agricultural production and electricity generation within India. 

On 20 December, 1947 the two provincial governments of East and West Punjab signed the following standstill agreements to continue flow of water from UBDC and Ferozepure headworks, 

i. “Stand-still Agreement regarding the running of the Upper Bari Doab Canal between the Governments of East and West Punjab. Jullundur.” 

ii. “Stand-still Agreement regarding the running of the Sutlej Valley Canals between the Governments of the East and West Punjab. Simla.” 

According to the two Standstill Agreements, the parties explicitly enumerated that: 

  1. Validity of the agreements would be up to the end of Rabi Crop i.e. 31 March 1948. 
  2. Two parties, subsequent upon expiry, may further extend agreement for any specific period. 
  3. Status quo would be maintained as in vogue prior to the partition of Punjab. 
  4. Distribution program would be the responsibility of the two Irrigation Departments. 
  5. Telegraph lines running from Amritsar to Wagha shall immediately be restored. 
  6. No restitution of unused water would be available. 
  7. West Punjab will pay share of all expenditures to East Punjab from 15.8.47 to 31.03.48 
  8. Arbitral Tribunal would determine the valuation and division of canal assets. 

State of Bikaner 

Adjoining princely state of Bikaner was anxious about the division of canal water between East and West Punjab. Water supplies to Bikaner were solely dependent upon 120-kilometer-long Bikaner (Gang) Canal, perennial in nature, commissioned in 1927. Originating from the Ferozepur Barrage, the canal traversed primarily through Punjab before reaching the arid lands of Bikaner and Rajputana. It irrigated 0.6 million acres of barren terrain while also providing drinking water to the people and the state of Bikaner. In the pre-partition period, Bikaner used to pay seigniorage charges (Rupee 2.1 crores) for the maintenance of Bikaner canal and Ferozpur headworks to Punjab. 

Uncertainty that revolved around the fate of Ferozepure and Zera Tehsils in Ferozepure district, pushed Maharaja of Bikaner, Lieutenant General Sadul Singh (1902-1950) to use his personal influence on the Viceroy, with whom he had served as compatriot and fought in the same trench in the World War-I. Maharaj approached Mountbatten through a representation by his state Prime Minister Kavalam Madhava Panikkar (1895–1963) and Chief Engineer, Dr. Rai Bahadur Kanwar Sain Gupta (1899–1979) and appealed to keep Ferozpur barrage in India, otherwise, he would be forced to join Pakistan. The tactical diplomacy of Maharaja proved effective and Radcliffe, under the influence of the Viceroy, handed over three Muslim majority tehsils of Ferozepure, Fazilka and Zira to India, thus ensured water provision to the state of Bikaner from Ferozepur barrage21. Earlier, during the official proceedings of the Commission, Radcliffe had assured Justice Munir the inclusion of Ferozpure, Fazilka and Zira tehsils to Pakistan.22 

State of Bahawalpur 

State of Bahawalpur acceded to Pakistan on 7 October 1947, under Nawab Sadiq Muhammad Khan Abbasi-V. Bahawalpur was a riparian princely state bordered with Rajasthan, Sutlej and Indus Rivers, significantly benefited from the canal irrigation system in Punjab, which irrigated approximately 2.72 million acres (1945-46) of its territory. The Eastern Gray and Dipalpur canal, 

both inundation canals, provided water to 17,000- 48,000 acres of land of Bahawalpur state from Ferozepur Headworks. 

Bahawalpur was not paying any seigniorage charges to Punjab for the maintenance of the Ferozepur headworks, as it was not considered a partner of the headworks. The state irrigated its lands primarily through “inundation” canals, which received water only during the summer (kharif) or monsoon season. Additionally, the Fordwah and Eastern Siddiqua canals, drawing water from the Suleimanki Barrage, also contributed to its irrigation needs. In total, five canals provided water to the Bahawalpur State, mostly originating from the West Punjab irrigation network. Bahawalpur strongly advocated for retaining the critical irrigation infrastructure and the Sutlej Valley Canals, which originated from the Ferozepur, Suleimanki, and Islam Headworks, within the territorial boundaries of West Punjab.

In June 1948, India linked resumption of water supply to Bahawalpur State Distillery (BSD) provided west Punjab stopped digging “Sutlej Cut.” The Indian Prime Minister advised Pakistan to abandon the creation of new outlet from Sutlej to bypass Ferozepure headworks, otherwise, the relations might aggravate. This was a sign of warning to Pakistan, without receiving positive assurance to address its water concerns. The two countries remained engaged for quite a good time but failed to reach acceptable solution for CBDC and DC. Pakistan wanted to maintain status quo in supply of water to West Punjab as permitted in pre-partition period till the time an agreement was reached between the two countries.