Article 290 of the Costitution of India with Case law
Here is a detailed explanation of Article 290 of the Constitution of India, along with relevant case law:
📜 Article 290 – Constitution of India
"Adjustment in respect of certain expenses and pensions"
✅ Text of Article 290 (Simplified):
Where under any existing agreement or treaty entered into before the commencement of this Constitution, any State has to pay a sum annually to the Government of India (or vice versa), the amount is to be charged to the Consolidated Fund of India or of the concerned State, as the case may be.
🧾 Key Features of Article 290:
| Feature | Description |
|---|---|
| Purpose | To honor financial commitments made under pre-Constitution agreements or treaties. |
| Type of transactions | Annual payments between Union and States (or vice versa) |
| Scope | Only for agreements entered before January 26, 1950 |
| Funds involved | Either Consolidated Fund of India or that of a State |
| Example of use | Compensation, pensions, or administrative cost-sharing agreed pre-1950 |
🧠 Why Article 290 Exists:
At the time of Indian independence, there were princely states and regional agreements between the British Crown, the Indian provinces, and Indian states (like Hyderabad, Travancore, etc.). Some of these involved financial arrangements, which had to be honored under the Constitution to maintain continuity and good faith.
⚖️ Relevant Case Law on Article 290:
There is limited direct case law specifically interpreting Article 290, but it has been referenced in financial and constitutional matters involving:
1. State of Rajasthan v. Union of India
Citation: AIR 1977 SC 1361
Context: State challenged Union's authority on various issues including financial matters.
Relevance: Supreme Court upheld that constitutional provisions including Articles 266–290 define financial relationships, and historical arrangements under Article 290 cannot be disturbed arbitrarily.
2. Re: The Berubari Union and Exchange of Enclaves
Citation: AIR 1960 SC 845
Context: Involved treaties impacting territory and compensation.
Relevance: Reinforced that pre-Constitution treaties can be honored under various constitutional articles, including Article 290 for financial aspects.
3. Indian Constitution Expert Commentaries (D.D. Basu, M.P. Jain):
Recognize Article 290 as a transitional and limited provision, which may become obsolete over time but still remains in the Constitution for continuity of certain financial obligations.
🔄 Distinction from Related Articles:
| Article | Deals With | Difference from Article 290 |
|---|---|---|
| Article 275 | Grants from Union to States | These are annual financial assistance, not treaty-bound |
| Article 290A | Annual payments to certain Devaswoms (Kerala/TN) | This is specific to temples, added later (7th Amendment) |
| Article 266 | Consolidated Funds | Article 290 deals with charges on those funds due to past agreements |
📚 Summary Table:
| Feature | Details |
|---|---|
| Applies to | States or Union parties to pre-1950 treaties |
| Purpose | To allow financial payments or receipts under such agreements |
| Fund involved | Consolidated Fund of India / State |
| Still in use? | Rarely invoked today; mostly transitional/historical |
| Nature | Binding, unless the agreement is modified or lawfully terminated |
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