Part XII: Miscellaneous Provisions
Article 362: Rights and Privileges of Rulers of Indian States
Original Article:
Omitted by the Constitution (Twenty-sixth Amendment) Act, 1971, s. 2 (w.e.f. 28-12-1971).
Explanations:
Originally, Article 362 granted former Indian rulers certain privileges as a recognition of their role in uniting with India post-Independence. However, this article was omitted by the Twenty-sixth Amendment Act, 1971, as part of India's efforts to ensure equality and dismantle remnants of monarchy-based privileges in a democratic republic.
Clause-by-Clause Explanation:
Purpose and Scope of Article 362
At its inception, Article 362 aimed to honor agreements made with rulers of former princely states, ensuring that they retained specific rights and privileges, including financial allowances known as privy purses. These privileges were seen as a temporary measure to encourage integration into the Indian Union post-1947.
Omission of Article 362 and Article 291 through the Twenty-sixth Amendment
With the passing of the Twenty-sixth Amendment on December 28, 1971, Article 362 was removed, ending the constitutional recognition of privileges for former rulers. The amendment also ended the practice of privy purses by repealing Article 291. This decision reflected the Indian government's commitment to equality and democratic principles, viewing special privileges as incompatible with a republic.
Historical Context and Significance:
The abolition of Article 362 marked a turning point in India's post-colonial history. By eliminating these privileges, the government reinforced the ideals of the Constitution, particularly the principles of equality and secularism. This amendment underscored the desire to promote a citizenry free from aristocratic privileges and entitlement based on past royal status.
Real-Life Example:
Following the amendment, former rulers, including the Gaekwads of Baroda and the Maharaja of Patiala, lost their official recognition as state-supported royalty. The transformation required these royal families to adapt to roles as private citizens, marking a shift in Indian society's approach to historical royalty.
Frequently Asked Questions (FAQs):
Article 362 was intended to honor agreements with rulers of former princely states, granting them specific rights and privileges to ensure smooth integration into the Indian Union.
It was omitted through the Twenty-sixth Amendment to promote equality and remove monarchy-based privileges that conflicted with democratic principles.
The amendment abolished privileges for former rulers and ended privy purses, reinforcing India's commitment to equality and secularism.
References:
The Constitution (Twenty-sixth Amendment) Act, 1971, and documentation related to the integration of princely states into the Indian Union.