By R. Raja Chandra
So the hidden genie is out of the bottle! It is equally surprising that one State enactment tries to subsume another State enactment contrary to the premise under which the President of India assented in 1996!
This refers to the report “Karnataka notifies Bangalore Palace Act, making it official — State secures full control over 472.16 acre Bangalore Palace Grounds for infrastructure projects” in Star of Mysore dated Mar. 14, 2025.
This is diametrically opposite to the Bangalore Palace (Acquisition & Transfer) Act, 1996 (BPAT Act) which was ostensibly intended to preserve the Palace as a monument with the surrounding open space developed into an exclusive Botanical Museum or Horticultural Garden and Tree Park to serve also the acutely affected ecological needs of lung space and park areas.
So the hidden genie is out of the bottle! It is equally surprising that one State enactment tries to subsume another State enactment contrary to the premise under which the President of India assented in 1996!
The rule of law is fundamental to our democracy. It is defined as “a principle under which all persons, institutions and entities are accountable to laws that are publicly promulgated, equally enforced, independently adjudicated and consistent with international human rights principles.”
Unfortunately in India under Article 31C of the Constitution, fundamental rights can be abridged! This was introduced as 25th Amendment to the Constitution.
No one disputes the power of eminent domain and the constituent power of the legislatures to make laws. So the alacrity with which the Karnataka legislatures passed the “Bangalore Palace (Utilisation and Regulation of Lands) Act, 2025 replacing an ordinance promulgated in January 2025 was not surprising.
It is common knowledge our Chief Minister has a pathological aversion to the erstwhile Royal Family and it was expected of him to use all means fair or foul to subvert an order of the Supreme Court even if it meant using deception and lies.
But can a legislature, exercising its constituent power, resort to the same deception and lies?
Satyameva Jayate (Truth alone triumphs), taken from Mundaka Upanishad, is our National motto and, therefore, of all government departments. Satyameva Jayate also happens to be the motto of High Courts across the country while that of the Supreme Court is taken from the message of Lord Krishna to Arjuna in Mahabharat: Yato Dharmastato Jayah (Where there is dharma, there will be victory).
Ironically, Mysore Kingdom had a similar Royal motto: SatyamEvOdharAmyahaM (Truth alone I uphold). Post 1950, Mysore State (Karnataka) also has adopted much of the old emblem but replaced the Royal motto with the National motto and also replaced the Goddess Mahisha Mardhini at the crest with the National Emblem as adopted from the Lion Capital of Asoka at Sarnath.
In a monarchical system of Government, it was incumbent upon the King to uphold the Truth but whose responsibility is it in a democracy governed by the rule of law? Is it a case of collective failure by the Legislature, Cabinet and the Speaker?
Let me come to the specifics of my allegation. In the statement of objects and reasons to Bangalore Palace (Utilisation and Regulation of Land) Act, 2025, it is stated among other things:
“And whereas, the Constitutional validity of Bangalore Palace (Acquisition and Transfer) Act, 1996 (Karnataka Act 18 of 1996) has been upheld by the High Court of Karnataka and there is no stay on the operation of Bangalore Palace (Acquisition and Transfer) Act, 1996 (Karnataka Act 18 of 1996) by the Supreme Court in the appeal.”
“This is a deceptive statement and not based on actual legal position. On 10.12.1996, Karnataka HC stayed all further operations under the Act and ordered both physical possession and Khata to be with the owners. On 31.3.1997, the Division Bench of the HC even after upholding the validity of the Act allowed the order dated 10.12.1996 to continue for four weeks to allow the owners to approach the Apex Court. The Apex Court duly ordered status quo on 30.4.1997 which is still in force. Notwithstanding this simultaneously Urban Land Ceiling (ULC) proceedings against the Bangalore Palace grounds were in force and vesting under the ULC Act never happened. Thus effectively vesting under BPAT is just an expression of interest without any consequential actions. Thus it is a sorry exhibition of ignorance by the Law Minister to say there is no stay under the Act. But one can possibly blame the legal department and the AG of the state for this incorrect statement.”
Going further it is stated that issuing TDR / DRC (Transferable Development Rights/ Development Rights Certificate will be grave on the exchequer of the State of Karnataka, and upon the urban planning of the city of Bengaluru! This is a white lie.
It is shocking that the Legislators of Karnataka, who have taken a solemn oath to protect the Constitution, should in the exercise of their constituent power support deception and lie.
In 1956, on the eve of Integration of Mysore with the neighbouring Kannada-speaking areas, the then Chief Minister of Mysore Kengal Hanumanthaiah hosted a birthday party for the Maharaja at Mysore on July 29, 1956.
He spoke eloquently: “With the graciousness and dignity which are your twin virtues, Your Highness agreed to be a constitutional monarch with the new designation of Rajpramukh. Your Highness has discharged the duties of this high office for the last five-and-a-half years with such scrupulous rectitude that it has evoked the sincere and respectful admiration of all of us.”
“Transforming oneself from a powerful sovereign to a constitutional monarch requires adjustment of a type which is rare in human nature. This happy adjustment stands as proof of your high-mindedness and patriotic fervour. Whether as Ruler or as Rajpramukh, the people of Mysore have found the ideal in you… New historical developments are seeking from Your Highness another great sacrifice — that of relinquishing the office of the Rajpramukh.”
In reply, the Maharaja merely said: “You have referred in your Address to what your generosity has termed my ‘sacrifice.’ I do not look upon it as such. If Destiny had decreed that over the past few centuries, the progress and prosperity of the people of this beloved State should be in the hands of the Wadiyars of Mysore then that same Destiny now ordains that the time is ripe for the people, now grown to full political stature in a free democratic Republic, to rule themselves.”
The irony is that the rest of the Indian rulers’ descendants are more or less still living a life of King size with their Palaces intact. However, in a State where a whiff of democracy was ushered way back in 1881 itself and where people were thought to have grown to full political stature in a free Democratic Republic, have shown single-minded malice and exercised their constituent power to annihilate the descendants of their former Ruler, Rajpramukh and Governor. Is “Yato Dharmastato Jayah” just an empty rhetoric?
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