AIR 1971 SUPREME COURT 530

Supreme Court Of India

Hon'ble Judge(s): M. Hidayatullah, J. C. Shah, S. M. Sikri, J. M. Shelat, V. Bhargava, G. K. Mitter, C. A. Vaidialingam, K. S. Hegde, A. N. Grover, A. N. Ray, I. D. Dua , JJJ

(A) Constitution of India , Art.366(22)— In recognising or derecognising Ruler, President exercises executive and not political power. Constitution of India , Art.53, Art.291— AIR 1970 SC 1946 Rel. on.AIR 1955 SC 549, AIR 1904 SC 648 and AIR 1965 SC 1798, Distinguished. (Per majority; Ray, J., Contra): - The functions of the State are classified as legislative, judicial and executive: the executive function is the residue which does not fall within the other two functions. Constitutional mechanism in a democratic polity does not contemplate existence of any function which may qua the citizens be designated as political and orders made in exercise thereof are not liable to be tested for their validity before the lawfully constituted courts. In recognising or de-recognising a person as a Ruler the President does not exercise any political power. He exercises only an executive function.(Para 94 96) (B) Constitution of India , Art.362— Agreements between Rulers and Union of India were not political agreements. Constitution of India , Art.32, Art.363— (Per majority, Ray J. Contra): The history of negotiations which culminated in the integration of the territories of the Princely Sta....