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| What is Article 362 of indian constitution |
Article 362 of the Indian Constitution
Title: Recognition of the rights and privileges of Rulers of Indian States
🔷 Explanation of Article 362:
Article 362 was originally included to protect the personal rights, privileges, and dignities of the erstwhile rulers of princely states who signed Instruments of Accession and merger agreements with the Indian Union after Independence.
It directed that Parliament and State Legislatures must have due regard to these privileges when making laws.
✅ Key Provision (Original Text):
“In the exercise of the legislative and executive powers of the Union and of a State, due regard shall be had to the guarantees given under any such covenant or agreement as is referred to in clause (1) of Article 291 with respect to the personal rights, privileges and dignities of the Ruler of an Indian State.”
🛑 Status After the 26th Constitutional Amendment (1971):
| Change Made | Effect |
|---|---|
| Article 362 made redundant | It still exists in the Constitution, but is now inactive or non-functional |
| Article 291 (Privy Purses) — Deleted | Privy purses and privileges of former rulers were abolished |
| Reason for Amendment | To promote equality and end feudal privileges in a democratic republic |
| Amendment Passed | By 26th Constitutional Amendment Act, 1971 during Indira Gandhi’s government |
📝 Summary:
| Aspect | Details |
|---|---|
| Applies To | Former rulers of princely states (before 1947–1950 merger) |
| Protected What? | Their titles, privileges, and personal rights |
| Legal Status Today | Effectively nullified by the 26th Amendment |
| Privy Purses | Abolished — no payment or recognition of royal status |
| Why It Matters Historically | Helped ensure peaceful integration of over 560 princely states post-Independence |
Here is a summary chart of Articles 361 to 363 of the Indian Constitution, which deal with immunity of high officials and provisions related to former princely states:
🇮🇳 Summary: Articles 361 to 363 — Immunity & Princely State Provisions
| Article | Title | Summary / Key Points |
|---|---|---|
| 361 | 🛡️ Protection of President and Governors | |
| 🔹 President and Governors are not answerable to any court for acts done in official capacity. | ||
| 🔹 No criminal proceedings or arrest/imprisonment allowed during their term. | ||
| 🔹 Civil cases in personal capacity allowed only with 2 months' prior notice. | ||
| 🔹 Ensures dignity and independence of constitutional heads. | ||
| 362 | 👑 Privileges of Rulers of Indian States | |
| 🔹 Required Parliament and States to respect personal rights and privileges of erstwhile rulers. | ||
| 🔹 Meant to honor accession agreements post-Independence. | ||
| 🔹 Made ineffective by the 26th Constitutional Amendment (1971) which abolished privy purses and royal privileges. | ||
| 363 | ⚖️ Bar on judicial interference in princely covenants | |
| 🔹 Courts cannot question the validity of any treaty, agreement, or covenant related to accession or integration of princely states. | ||
| 🔹 Prevents legal challenges against merger decisions or privilege withdrawals. | ||
| 🔹 Ensures finality of political integration post-1947. |
📝 Summary Table:
| Category | Articles | Focus Area |
|---|---|---|
| 🛡️ Legal Immunity | 361 | Protection for President & Governors |
| 👑 Princely State Provisions | 362 | Recognition of royal privileges (now defunct) |
| ⚖️ Judicial Exclusion | 363 | Courts barred from ruling on accession covenants |
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