[Part 9] Privy Purse [Part II] Abolition of Privy Purse: A Constitutional Betrayal

Описание: PETITIONS FILED UNDER ART 32 OF THE CONSTITUTION BY PRINCES TO ENFORCE THEIR FUNDAMENTAL RIGHTS AND FOR THE CENTRAL GOVT TO COMPLY WITH THE SOLEMN CONSTITUTIONAL GUARANTEE

 Art 366(22) defines a Ruler: Ruler means a Prince or a Chief with whom the Covenant or agreement was entered by the Dominion of India as referred in Art 291 and who for the time being is recognized by the President as the ruler of the State.

Art 291 provided for a Constitutional Guarantee to the Rulers to receive the sum of Privy Purse which “shall be charged on, and paid out of, the Consolidated Fund of India”.

Art 362 strengthened the Constitutional Guarantee by providing that the Parliament or State Legislature or the Executive of the Union or the State shall give due regard in exercise of law making powers to the guarantees mentioned under Art 291 of the Constitution.

Art 363 bars the Jurisdiction of the Supreme Court or any other court to enter upon the dispute with regards to any dispute arising out of any provisions of covenants or instruments of accession or merger entered with the Dominion of India before commencement of the Constitution or in any dispute of any right arising out of any provisions of this Constitution relating to such agreement, covenant or instrument.

Three obstacles the Rulers had to overcome:

1) Is there any violation of the Fundamental Rights of the Ruler in order to enforce under Art 32?

2) If there is violation of Fundamental Rights does the Supreme Court have the Jurisdiction to enter upon the disputes arising out of the covenants and agreements entered prior to the commencement of the Constitution or with regards to the guarantee given under Art 291 because of the specific bar under Art 363?

3) If Supreme Courts jurisdiction is not barred Does it confer on the President power to abolish Rulership ? Are the impugned orders invalid for violation of Art 291 and 362 of the Constitution? Is the Presidents order in violation of the Constitution and can the Presidents Order be declared ultra-vires of the Constitution?