Part XII: Miscellaneous Provisions

Article 363: Bar to Interference by Courts in Treaty Disputes

Original Article:

(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—

• "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.
• "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.

Explanations:

Article 363 of the Indian Constitution was designed to limit judicial intervention in disputes arising from treaties and covenants made with rulers of Indian states before the Constitution's commencement. This article underscores India's commitment to the sanctity of pre-constitutional agreements, preventing their revision or reinterpretation in ordinary courts and instead recognizing them as matters of executive prerogative.

Clause-by-Clause Explanation:

Prohibition of Judicial Interference in Treaty Disputes (Article 363(1))

The primary clause in Article 363 prevents the Supreme Court and other courts from intervening in disputes involving agreements, treaties, or similar instruments established between former princely states and the Government of India or its predecessors. This jurisdictional bar extends to any rights, obligations, or liabilities linked to these agreements, even if they relate to constitutional provisions.

Conditions and Exceptions - Article 143 Advisory Jurisdiction

Although the article generally limits judicial involvement, it allows for an advisory role under Article 143, where the President may consult the Supreme Court for non-binding opinions on such matters. This mechanism ensures a constitutional check on executive power without compromising the bar on court interference in pre-existing treaties.

Key Definitions to Clarify Scope (Article 363(2))

To specify the jurisdictional limits clearly, Article 363 defines key terms as follows:

• "Indian State": Refers to territories recognized as sovereign states before the Constitution's adoption, encompassing the many princely states integrated post-1947.
• "Ruler": Extends beyond traditional kings and includes princes, chiefs, or any figure recognized by the British Crown or the Government of India as the head of an Indian state before the Constitution.

Historical Background and Rationale:

After independence, India faced the complex task of integrating princely states, each with existing treaties and sovereign rights. Article 363 served to honor these historical arrangements, ensuring that courts could not re-evaluate or invalidate them. It was part of India's strategy to promote national unity while respecting the unique historical relationships and assurances made to princely states. This provision was essential for maintaining stability and encouraging peaceful integration.

Real-Life Example:

A well-known application of Article 363 was in disputes over the privy purses paid to former royals, such as the case with the Nizam of Hyderabad. While the government abolished privy purses in 1971, Article 363 prevented these disputes from entering courtrooms, maintaining the bar on judicial review for such treaty-based claims.

References:

The Constitution of India, Article 363; historical sources on Indian integration post-independence; and the Constitution (Twenty-sixth Amendment) Act, 1971, which impacted privileges related to treaties.