Article 363 and Article 363A of the Constitution of India
Article 363 deals with a constitutional bar on the jurisdiction of courts in specified disputes connected with certain pre-Constitution treaties, agreements, covenants, engagements, sanads and similar instruments involving Rulers of Indian States. Article 363A, inserted by the Constitution (Twenty-sixth Amendment) Act, 1971, ended official recognition of former Rulers and abolished privy purses.
Article 363 - Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.
Article 363 begins with a non-obstante clause and is expressly subject to Article 143. In substance, it excludes the jurisdiction of the Supreme Court and other courts in the particular disputes described in clause (1), including disputes arising from specified pre-Constitution instruments entered into or executed by a Ruler of an Indian State where the Government of the Dominion of India or a predecessor Government was a party and the instrument continued in operation after commencement of the Constitution.
Text of Article 363
363. 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 of the Dominion of India or any of its predecessor Governments 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.
Meaning of the key expressions
Indian State: For Article 363, the expression has the special definition contained in clause (2)(a): a territory recognised before commencement of the Constitution by His Majesty or the Government of the Dominion of India as an Indian State.
Ruler: Clause (2)(b) includes the Prince, Chief or other person who had been recognised before commencement of the Constitution by His Majesty or the Government of the Dominion of India as the Ruler of an Indian State.
Article 143: Article 363 is expressly made subject to Article 143, which concerns the President's power to consult the Supreme Court through its advisory jurisdiction.
Article 363A - Recognition of Rulers to cease and privy purses to be abolished
Article 363A was inserted by section 3 of the Constitution (Twenty-sixth Amendment) Act, 1971, with effect from 28 December 1971. It operates notwithstanding anything in the Constitution or any law for the time being in force. Clause (a) ends the constitutional recognition previously granted to the persons described there as Rulers or successors of Rulers. Clause (b) abolishes privy purses and extinguishes the associated rights, liabilities and obligations.
Text of Article 363A
363A. 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 of 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.
What is a privy purse?
In the constitutional setting of Article 363A, "privy purse" refers to the payments that had been associated with the former Rulers of Indian States. Article 363A(b) constitutionally abolished those payments and extinguished rights, liabilities and obligations in respect of them from commencement of the Twenty-sixth Amendment.
Relationship between Articles 363 and 363A
The two provisions concern the constitutional consequences of the integration of former Indian States, but they perform different functions. Article 363 addresses court jurisdiction in the specified disputes described by its text. Article 363A, introduced later in 1971, ends recognition of former Rulers and abolishes privy purses.
Official source
The current official text of the Constitution should be checked on the Legislative Department, Ministry of Law and Justice website. The official Constitution PDF includes Articles 363 and 363A in Part XIX - Miscellaneous.
Official Constitution of India PDF - Legislative Department, Ministry of Law and Justice
Legislative Department, Ministry of Law and Justice
This page is intended as a legal information resource. For litigation or a dispute involving the scope of Article 363, the exact constitutional text and applicable judicial precedents should be examined in the context of the facts.