H. H. MAHARAJADHIRAJA MADHAV RAO JIWAJI RAO SCINDIA BAHADUR & ORS. versus UNION OF INDIA

H. H. MAHARAJADHIRAJA MADHAV RAO JIWAJI RAO SCINDIA BAHADUR & ORS. versus UNION OF INDIA

The President’s order derecognizing all rulers was ultra vires Article 366(22) and illegal. Article 291 creates a constitutional obligation to pay Privy Purse which is property; deprivation is an infringement of constitutional rights. Article 363 does not bar relief as the dispute does not arise from covenants or constitutional provisions relating to them. The petitions challenging the President’s order are maintainable under Article 32 and must be allowed.

Parties
Petitioner: H. H. Maharajadhiraja Madhav Rao Jiwaji Rao Scindia Bahadur & Ors.; Respondent: Union of India
Jurisdiction
India
Judgment Date
15 December 1970
Procedural Posture
Writ Petition Under Article 32 / Final Judgment
Outcome
majority of petitions allowed; dissent by Mitter and Ray, JJ.
Legal Topics
Privy Purse, Recognition of Rulers, Fundamental Rights, Jurisdiction of Courts Under Article 363, Constitutional Obligations
Constitutional Law Privy Purse Recognition of Rulers Fundamental Rights Jurisdiction of Courts Under Article 363 Constitutional Obligations

Case Brief

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Parties

H. H. Maharajadhiraja Madhav Rao Jiwaji Rao Scindia Bahadur & Ors.

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition Under Article 32 / Final Judgment

Legal Issues

  1. 1 Whether the President had the power under Article 366(22) of the Constitution to withdraw recognition from all Rulers en masse
  2. 2 Whether withdrawal of recognition of Rulers violated Articles 291, 362, 19(1)(f), 21, and 31 of the Constitution
  3. 3 Whether Article 363 barred the maintainability of the petition

Ratio Decidendi

The President’s order derecognizing all rulers was ultra vires Article 366(22) and illegal. Article 291 creates a constitutional obligation to pay Privy Purse which is property; deprivation is an infringement of constitutional rights. Article 363 does not bar relief as the dispute does not arise from covenants or constitutional provisions relating to them. The petitions challenging the President’s order are maintainable under Article 32 and must be allowed.

Court Disposition

majority of petitions allowed; dissent by Mitter and Ray, JJ.

Orders

  • President’s orders of September 6, 1970 derecognizing rulers declared illegal and inoperative
  • Petitioners entitled to all pre-existing rights and privileges including right to privy purses as if orders had not been made