Actual Article
Article 362: Rights and privileges of Rulers of Indian States
Repealed by the Constitution (Twenty-sixth Amendment) Act, 1971.
UPSC Notes for Article 362
Explanation:
- Historical Context: Article 362 initially protected the rights and privileges of the erstwhile rulers of Indian princely states, ensuring their privileges as per agreements made at the time of India’s independence.
- Repeal: The article was repealed by the Constitution (Twenty-sixth Amendment) Act, 1971, which abolished the privy purses and privileges of the former princely states. This move was aimed at promoting equality and eliminating special privileges based on former status.
Key Points:
- Abolition of Privy Purses: The Twenty-sixth Amendment marked a significant step towards social and economic equality by abolishing the financial and other privileges of the former rulers.
- Integration and Equality: The repeal of Article 362 was part of broader efforts to fully integrate the princely states into the Indian Republic and ensure equal treatment of all citizens.
Important Cases and Commissions Related to Article 362
Cases:
- Madhav Rao Scindia vs. Union of India (1971): The Supreme Court upheld the abolition of privy purses and privileges of the erstwhile rulers, supporting the government’s move to promote equality.
Commissions:
- Sarkaria Commission (1983): While primarily focused on Centre-State relations, it discussed the integration of princely states and the implications of repealing privileges.
Important Reports Related to Article 362:
- Law Commission Reports: Various reports have discussed the historical context and implications of the abolition of privy purses and privileges.
Previous Year Prelims Questions Related to Article 362
- (UPSC Prelims 2016) What did Article 362 of the Indian Constitution originally provide for?
A. Protection of fundamental rights
B. Rights and privileges of the rulers of Indian States
C. Powers of the President
D. Financial emergency provisions Correct Answer: B. Rights and privileges of the rulers of Indian States - (UPSC Prelims 2018) Which constitutional amendment repealed Article 362?
A. Twenty-fourth Amendment
B. Twenty-fifth Amendment
C. Twenty-sixth Amendment
D. Twenty-seventh Amendment Correct Answer: C. Twenty-sixth Amendment
Previous Year Mains Questions Related to Article 362
- Mains 2016: “Discuss the significance of the repeal of Article 362 in the context of promoting social and economic equality in India. How did this change impact the integration of princely states?”
- Mains 2019: “Evaluate the historical and constitutional implications of the abolition of privy purses and the repeal of Article 362. How did this move contribute to the goals of the Indian Republic?”
Additional Insights:
- Equality and Integration: The repeal of Article 362 was a critical step towards ensuring that all citizens are treated equally, without special privileges based on former princely status.
- Constitutional Evolution: Reflects the evolving nature of the Indian Constitution to adapt to changing socio-political realities and promote egalitarian principles.
- Judicial Support: The judiciary’s support for the repeal underscored the importance of aligning constitutional provisions with the principles of equality and democracy.
Understanding Article 362 and its repeal is crucial for UPSC aspirants as it provides insights into the historical context of the Indian Constitution and the measures taken to promote equality and integration. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional mechanisms ensuring social justice and the evolution of the Indian Republic.