 |
| What is Article 363 of Indian constitution |
Article 363 of the Indian Constitution
Title: Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.
🔷 Explanation of Article 363:
Article 363 bars courts (including the Supreme Court) from entertaining disputes or cases that arise from:
-
Treaties, agreements, or covenants entered into by the Government of India with the rulers of former princely states, or
-
Decisions made in connection with the constitutional integration of these states into the Indian Union.
✅ Key Provisions of Article 363:
| Clause | Meaning |
|---|---|
| (1) | No court shall have jurisdiction to decide any dispute that arises out of: |
-
Any treaty or agreement signed before the Constitution came into force, or
-
Any provision that recognizes or continues the rights or privileges of erstwhile rulers. |
| (2) | The President of India is the final authority to decide whether a particular dispute falls under this category. His decision is final and binding. |
🟢 Why Article 363 Was Added:
-
After Independence, India integrated over 560 princely states through merger agreements and Instruments of Accession.
-
Many rulers were given privileges, privy purses, and titles as part of these deals.
-
This Article ensured that such agreements could not be challenged in court, preserving the political finality of India's integration.
🛑 Impact of the 26th Amendment (1971):
| Change | Effect |
|---|---|
| Abolished privy purses and derecognized rulers | Even if former rulers wanted to challenge this, Article 363 prevented judicial interference |
| Article 291 and Article 362 were made ineffective | But Article 363 still blocks courts from hearing related disputes |
📝 Example Scenario:
-
If a former ruler of a princely state challenges the abolition of his title or privy purse in court —
🛑 The court will refuse to hear it, citing Article 363.
⚖️ Summary:
| Aspect | Details |
|---|---|
| Purpose | To prevent legal challenges related to accession agreements and royal privileges |
| Applies To | Former rulers and their covenants with India |
| Court's Role | Barred from hearing such cases |
| President’s Role | Final authority on deciding whether a matter falls under this Article |
| Still in Force? | ✅ Yes, though rarely used no w due to full integration of States |
Here is a concise summary chart of Articles 362 and 363 of the Indian Constitution, which deal with princely state provisions and legal limitations:
🇮🇳 Summary Chart: Articles 362–363
(Provisions Related to Former Princely States)
| Article | Title | Purpose / Key Points | Status |
|---|---|---|---|
| 362 | 👑 Privileges of Rulers of Indian States | ||
| 🔹 Recognized personal rights, titles, and privileges of erstwhile rulers who signed merger agreements. | |||
| 🔹 Directed legislatures to show due regard to such guarantees. | 🟥 Made ineffective by the 26th Amendment Act, 1971 (Privy purses and royal privileges abolished) | ||
| 363 | ⚖️ Bar on Judicial Interference | ||
| 🔹 Courts barred from hearing disputes related to accession treaties, privileges, or merger agreements. | |||
| 🔹 President's decision is final on whether a case is covered by this Article. | ✅ Still in force, prevents challenges to accession & merger agreements in courts |
📌 Key Highlights:
-
👑 Article 362 was about respecting princely rights → Now obsolete.
-
⚖️ Article 363 still blocks courts from questioning integration deals made post-Independence.
-
🏛 Used to ensure smooth political unification of India after 1947.
Follow Us