The doctrine of Lapse – Annexations of Peace
No account of Dalhousie’s work of imperial consolidation
can be complete without the mention of the Doctrine of Lapse. Some important Indian
states were annexed by the enforcement of the Doctrine. The Doctrine of Lapse
can be better understood in the context of Dalhousie’s declared conviction that
the old system of ruling through ‘sham royalties’ and ‘artificial intermediate
powers’ resulted in the misery of the people. In fact, his logical and straight
Scottish mentality wanted to tear the mask of Mughal sovereignty and dispossess
Indian Princes who pretended to be descendants of the Mughals.
According to Dalhousie there were three categories of Hindu
states in those days in India:
I - Those states which were not tributary and which were not and
never had been subordinate to a paramount power.
II - Hindu prices and chieftains which were tributary and owed
subordination to the British government as their paramount power in place of the
Emperor of Delhi or the Peshwa, etc.
III - Hindu sovereignties and states which had been created or
revived by the sanads (grants) of the British government.
Reviewing his policy in 1854, Lord Dalhousie explained that
‘in states covered by class I we have no right to their adoptions. In class II
the rulers have to require our assent to adoption, which we have a right to
refuse, but which policy would usually lead us to concede. In the principalities
of the III class I hold that succession should never be allowed to go by adoption’.
The East India Company had acquired the position of supreme
power in India after the fall of the Mughal emperor and the defeat of the Maratha
Confederacy. Dalhousie maintained that ‘the British government in the exercise
of a wise and sound policy is bound not to put aside or neglect such rightful
opportunities of acquiring territory or revenue as may from time to time
present themselves, whether they arise from the lapse of subordinate states by
the failure of all heirs of every description whatsoever, or from the failure
of heirs natural where the succession can be sustained only by the sanction of
the government being given to the ceremony of adoption, according to Hindu law’.
Dalhousie recognized the right of the adopted son to
succeed to the personal property of the chieftain but drew a distinction between
succession to private property and succession to the royal ‘gaddi’ in the
latter case, he held, that the sanction of the Paramount power must be obtained.
The Paramount Power could refuse ‘adoption’ in case of states covered by
categories II and III and declare the states having passed back or ‘lapsed’ to
the supreme authority. In such cases the ‘Right of Adoption’ was substituted by
the Paramount Powers Right of Lapse’. The Power that gives, it was agreed,
could also rightfully take it away.
Dalhousie did not invent the doctrine. As early as 1834 the
Court of Directors had laid down that in case of failure of lineal successors
the permission ‘to adopt’ was in indulgence that ‘should be the exception, not
the rule, and should not be granted but as a special mark of favor and
approbation’. Few years later in 1841, the home authorities decided in favor of
a uniform policy and directed the Governor General ‘to persevere in the one clear
and direct course of abandoning no just and honorable accession of territory or
revenue while all existing claims of right are at the same time scrupulously
respected’. It was in pursuance of the policy thus laid down that Mandavi state
was annexed in 1839, Kolaba and Jalaun in 1840 and the titular dignity of the
Nawab of Surat abolished in 1842.
Dalhousie’s contribution was that he uniformly applied this
Doctrine of Lse and did not ignore or neglect any opportunity in consolidating
the territories of the East India Company. He steadily enforce the principles
previously laid down. Mr. Innes has summed up the position thus: ‘His predecessors
had acted on the general principle of avoiding annexation if it could be
avoided; Dalhousie acted on the general principle of avoiding annexation if he could
do so legitimately’. It may be added that the over zealous Governor General
treated some states as ‘dependent principalities’ or ‘subordinate states’ which
rightly were ‘protected allies’. Dalhousie’s decision, therefore, had to be reversed
by the Court of Directors in case of the old Rajput state of Karauli.
The states actually annexed by the application of the
Doctrie of Lapse under Lord Dalhousie were Satara (1848), Jaitpur and Sambalpur
(1849), Bhagat (1850), Udaipur (1852), Jhansi (1853) and Nagpur (1854).
Satara – was the first Indian State to be annexed. In 18348
the Raja of Satara, Appa Sahib died without leaving a natural son. He had,
however, adopted a son somedays before his death but without the consent of the
East India Company. Lord Hastings after destroying the Maratha power in 1818
had conferred this principality of Satara on Pratap Singh, the representative
of the house of Shivaji and in his ‘sons and heirs and successors’. In 1839,
the Prince had been deposed and replaced by his brother Appa Sahib. The Bombay Council
held by Sir George Clerk advised against the annexation. Lord Dalhousie decided
to regard it as ‘dependent principality’ and declared the state annexed. The Court
of Directors approved Dalhousie’s decision. In the House of Commons Joseph Hume
described the annexation as a victory of ‘might over right’, but the House of
Commons acquiesced in the annexation.
Sambhalpur – Raja Narayan Singh, the ruler of the state,
died without adopting a son. The state was annexed in 1849.
Jhansi – The Raja of Jhansi had originally been a vassal of
the Peshwa. After the defeat of Bajirao II, Lord Hasting in 1818 had concluded
a treaty with Rao Ramchand, constituting ‘him, his heirs and successors’ hereditary
rulers of the territory on terms of ‘subordinate cooperation’. After the death
of the Raja in 1835, the East India Company recognized a grad uncle Raghunath
Rao, to succeed to the principality. The old raja died a few years later. Another
successor Gangadhar Rao, from the royal family, was recognized in 1838. In November
1853, the ruler died without leaving a male heir and the state was declared escheat.
The claims of the adopted son were disregarded.
Nagpur – This large Maratha state comprised an area of
80,000 square miles. In 1817, Lord Hastings had recognized an infant descendant
of the Bhonsle family, Raghuji III as the Raja. The British resident, Sir
Richard Jekins, acted as the Regent for ten years till 1830, when the boy came
of age and the administration was transferred to him. The Raja died in 1853
without adopting an heir to the throne. The claims of the Rani to adopt a son
were set aside and the state was annexed. The personal possessions of the late
Raja were declared to be ‘fairly at the disposal of the government’ on the plea
that those were purchased out of state revenues. Then followed the spoliations
of the Nagpur Palace, the sale by auction of the jewels and furniture of the Bhosale’s
palace, a sum of 200,000 pounds being realized by the ignominious sale.
Observations on the Doctrine of Lapse
During the rise and expansion of the British dominion in India,
the East India Company from time to time had given assurances that not only the
rights and privileges of the Indians but their laws, habits, customs and prejudices
would be respected. The right of adoption has always been a great religious
ceremony and greatly prized by the Hindus. Under the Mughals and the Peshwas
the recognition of the Supreme power was usually obtained by the payment of a ‘nazrana’
or succession duty. Lord Dalhousie revived an obsolete custom and used it for
imperial purposes. The Doctrine of Lapse, like the taxation during the ‘personal
rule’ of Charles I was the revival of a feudal law and looked like an ‘act of spoliation
under the garb of legality’.
The line of demarcation between ‘dependent states’ and ‘protected
allies’ was very thin and amounted to hair splitting. In any case of disputed interpretation,
the decision of the East India Company was binding and that of the Court of
Directors final. There was no Supreme Court to give impartial verdict on the
questions of right and wrong.
Lord Dalhousie broke with precedent and was on many occasions
guided by imperial considerations. Even Leo-Warner admits that with regard to Satara
and Nagpur ‘imperial considerations weighed with him…they were placed right
across the main lines of communication between Bombay and Madras and Calcutta’.
The Court of Directors withheld their sanction to the annexation
of Karauli on the ground that the state was a ‘protected ally’ and not a ‘dependent
state’. Similarly, Bhagat and Udaipur were returned to their respective rulers
by Lord Canning.
Dalhousie was an annexationist. He applied the Doctrine of
Lapse to achieve his aggressive ends. Where the ‘Doctrine of Lapse’ could not
be applied, as in the case of Oudh, he annexed it on the pretext of ‘good of
the governed’. Rulers of Indian states believed that their states were annexed
not by the application of the Doctrine of Lapse, but due to the ‘lapse of all
morals’ on the part of the East India company. ‘Whatever might have been the facts,
writes P. E. Roberts, ‘the natives did undoubtedly believe that het existence
of all native principalities was the threatened’ and the extinction of all states
was regarded to be a question of time only. Actions were conclusive proof of Dalhousie’s
intentions. In fact, Dalhousie’s Doctrine of Lapse was a part of his
imperialist policy and was based on the old doctrine of ‘might is right’.