Article 362 of the Costitution of India with Case law
📜 Article 362 of the Constitution of India (Now Repealed)
Title: Recognition of the rights and privileges of Rulers of Indian States
🔍 Background and Text (Before Repeal):
"In the exercise of the powers conferred by the Constitution and law, due regard shall be had to the guarantees or assurances given under any covenants or agreements entered into before the commencement of this Constitution between the Government of India and the rulers of Indian States."
✅ Purpose:
Article 362 was meant to honor agreements made between the Government of India and the former rulers (Maharajas, Nawabs, etc.) of princely states at the time of accession to India.
These agreements often promised the rulers:
Privy purses (annual payments)
Titles
Recognition of personal rights, privileges, and dignities
❌ Repeal of Article 362:
Repealed by: 26th Constitutional Amendment Act, 1971
Why?:
To abolish the privy purses and privileges granted to the former rulers.
Seen as inconsistent with the democratic and egalitarian spirit of the Constitution.
Article 291 (Privy Purses) and Article 362 were both repealed in this amendment.
⚖️ Key Case Law:
🧑⚖️ Madhav Rao Scindia v. Union of India
Citation: AIR 1971 SC 530
Facts:
The Government of India issued a Presidential order derecognizing the rulers of Indian states and stopping the privy purse payments.
Former rulers, including Madhav Rao Scindia (Gwalior), challenged this action.
Held (Majority):
The Supreme Court (5:2 majority) held that the Presidential order was unconstitutional as it violated the guarantees under Articles 291 and 362.
The Court emphasized that these were binding constitutional provisions until formally repealed.
🟡 However: The Parliament later passed the 26th Constitutional Amendment, removing the basis of the judgment by abolishing Articles 291 and 362.
🧠 Aftermath and Significance:
This case and Article 362 represent a turning point in India’s constitutional evolution from monarchical integration to republican uniformity.
The abolition of privileges was widely regarded as a step toward social equality and end of feudal remnants in Indian polity.
📚 Summary Table:
| Feature | Details |
|---|---|
| Article Number | 362 |
| Subject | Rights/Privileges of former rulers |
| Status | Repealed (1971, by 26th Amendment) |
| Connected Article | Article 291 (Privy Purse) – also repealed |
| Key Case | Madhav Rao Scindia v. Union of India (1971) |
| Repeal Reason | Conflict with equality and democratic ideals |
🔁 Related Articles (before repeal):
| Article | Subject |
|---|---|
| Article 291 | Privy Purses (repealed) |
| Article 363 | Bar on judicial review of agreements with rulers |
| 26th Amendment Act, 1971 | Abolished privy purses and derecognized rulers |
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