“AMBEDKAR . . . . . . . . . JOIN INDIAN UNION 539
right to advise the Crown, and the fact that before it became a Dominion, the Crown was differently advised is no bar to its claim. Under the 1935 Act India was not granted responsible Government.
There remains for consideration the other part of their statement in which they say that the Crown will not transfer Paramountcy to an Indian Government. According to the Cabinet Mission, Paramountcy will lapse. This is a most astounding statement and runs contrary to another well established principle of the Constitutional Law. According to this principle, the King cannot surrender or abandon his prerogative rights. If the Crown cannot transfer Paramountcy the Crown cannot also abandon it........
A question may be asked : What happens when India becomes independent ? The Crown disappears and the question of advising the Crown does not remain. Can Independent India claim to inherit the prerogative rights of the Crown ? For an answer to this question, one must look to the provisions of international law relating to Succession among States. Oppenheim admits that a Succeeding State can inherit certain rights of the Preceding State. From Hall’s international law, it would appear that among other things property and advantages secured to it by treaty can be inherited by a Succession State. India will be a Succession State. Paramountcy is an advantage which is secured to it by treaty with the Princes. Independent India can therefore make a valid claim for the inheritance of Paramountcy.” [1]
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- : The Bombay Chronicle, dated 18th June 1947.