ARTICLE 363, 363A OF CONSTITUTION OF INDIA 1949

What is Bar to interference by courts in disputes arising out of certain treaties, agreements, etc? What is Recognition granted to Rulers of Indian States to cease and privy purses to be abolished? Article 363 and 363A of Constitution of India, 1949

Bar to interference by courts in disputes arising out of certain treaties, agreements, etc and Recognition granted to Rulers of Indian States to cease and privy purses to be abolished are defined under Article 363 and 363A of Constitution of India 1949. Provisions under these Articles are:

 

 

Article 363 of Constitution of India "Bar to interference by courts in disputes arising out of certain treaties, agreements, etc"

(1) Notwithstanding anything in this Constitution but subject to the provisions of Article 143, neither the Supreme Court nor any other court shall have jurisdiction in any dispute arising out of any provision of a treaty, agreement, covenant, engagement, sanad or other similar instrument which was entered into or executed before the commencement of this Constitution by any Ruler of an Indian State and to which the Government was a party and which has or has been continued in operation after such commencement, or in any dispute in respect of any right accruing under or any liability or obligation arising out of any of the provisions of this Constitution relating to any such treaty, agreement, covenant, engagement, sanad or other similar instrument.

(2) In this article-

(a) "Indian State" means any territory recognised before the commencement of this Constitution by His Majesty or the Government of the Dominion of India as being such a State; and

(b) "Ruler" includes the Prince, Chief or other person recognised before such commencement by His Majesty or the Government of the Dominion of India as the Ruler of any Indian State.

Article 363A of Constitution of India "Recognition granted to Rulers of Indian States to cease and privy purses to be abolished"

Notwithstanding anything in this Constitution or in any law for the time being in force -

(a) the Prince, Chief or other person who, at any time before the commencement or the Constitution (Twenty-sixth Amendment) Act, 1971, was recognised by the President as the Ruler of an Indian State or any person who, at any time before such commencement, was recognised by the President as the successor of such Ruler shall, on and from such commencement, cease to be recognised as such Ruler or the successor of such Ruler;

(b) on and from the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, privy purse is abolished and all rights, liabilities and obligations in respect of privy purse are extinguished and accordingly the Ruler or, as the case may be, the successor of such Ruler, referred to in clause (a) or any other person shall not be paid any sum as privy purse.

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