Question of Abolition of Privy Purse: Are Doors of Supreme Court Banned against Princes ?
By
N. P. Chaturvedi
The Law Ministry to the Government of India has informed the Home Ministry that there is no legal or constitutional bar to the abolition or reduction of privy purses and privileges of former rulers and has cited in its support Art. 363 of the Constitution of India, which in its opinion bars interference by law Courts including the Supreme Court. I do not agree with the interpretation placed by the Law Ministry on Art. 363 and I think it is not correct.
Article 363 reads as follows:—
Notwithstanding anything in this Constitution but subject to the provisions of Art. 143, neither the Supreme Court nor any other Court shall have jurisdiction in any ''dispute arising out of any provision of a treaty, agreement or covenant engagement, sanad' or other similar instrument which was entered into or executed before the commencement of this Constitution by any Ruler of Indian State and to which the Government of the Dominion of India or any of its predecessor Governments ....