Actual Article
Article 363: Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.
(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—
- (a) “Indian State” means any territory recognized before the commencement of this Constitution by His Majesty or the Government of the Dominion of India as being such a State; and
- (b) “Ruler” includes the Prince, Chief or other person recognized before such commencement by His Majesty or the Government of the Dominion of India as the Ruler of any Indian State.
UPSC Notes for Article 363
Explanation:
- Bar on Judicial Interference: Article 363 explicitly bars the jurisdiction of courts in disputes arising out of treaties, agreements, covenants, engagements, sanads, or similar instruments made before the commencement of the Constitution between the Rulers of Indian States and the Government of India or its predecessors.
- Subject to Article 143: The exception to this bar is provided under Article 143, which allows the President to seek the Supreme Court’s advisory opinion on any question of law or fact.
Key Points:
- Historical Agreements: Addresses disputes related to historical agreements made before the Constitution came into effect.
- Court Jurisdiction: Prevents courts from interfering in specific disputes arising from such agreements, ensuring that these matters are handled through other mechanisms.
- Ruler and Indian State Definition: Clarifies the terms “Indian State” and “Ruler” as they were recognized before the Constitution’s commencement.
Important Cases and Commissions Related to Article 363
Cases:
- Maharaja Madhav Rao vs. Union of India (1971): The Supreme Court dealt with the issue of privy purses and the abolition of privileges, touching upon aspects related to Article 363, though the primary focus was on Article 362 and the Twenty-sixth Amendment.
Commissions:
- Sarkaria Commission (1983): While not specifically focused on Article 363, it reviewed Centre-State relations and the implications of historical treaties and agreements.
- Punchhi Commission (2010): Discussed the historical context of agreements with princely states and the constitutional provisions related to them, including Article 363.
Important Reports Related to Article 363:
- Sarkaria Commission Report: Provided insights into the historical agreements and their impact on Centre-State relations, recommending mechanisms to address related disputes outside the judicial domain.
- Punchhi Commission Report: Emphasized the need for clarity and non-judicial mechanisms to resolve disputes arising from pre-constitutional agreements.
Previous Year Prelims Questions Related to Article 363
- (UPSC Prelims 2016) What does Article 363 of the Indian Constitution bar?
A. The jurisdiction of the Supreme Court in all matters
B. The jurisdiction of courts in disputes arising out of treaties and agreements made before the Constitution
C. The power of the President to seek advisory opinions
D. The enforcement of fundamental rights Correct Answer: B. The jurisdiction of courts in disputes arising out of treaties and agreements made before the Constitution - (UPSC Prelims 2018) Which article allows the President to seek the advisory opinion of the Supreme Court, notwithstanding Article 363?
A. Article 32
B. Article 131
C. Article 143
D. Article 226 Correct Answer: C. Article 143
Previous Year Mains Questions Related to Article 363
- Mains 2016: “Discuss the significance of Article 363 in the context of historical agreements made with the princely states. How does this article ensure the non-judicial resolution of disputes arising from such agreements?”
- Mains 2019: “Evaluate the impact of Article 363 on the jurisdiction of courts in India. How does this provision affect the handling of disputes related to pre-constitutional agreements?”
Additional Insights:
- Non-Judicial Mechanism: Article 363 ensures that disputes arising from historical treaties and agreements are resolved through non-judicial mechanisms, maintaining the sanctity of pre-constitutional commitments.
- Historical Context: Reflects the historical context of integrating princely states into the Indian Union and the need to respect the terms of such integration.
- Advisory Opinion: Article 143 provides a safety valve by allowing the President to seek the Supreme Court’s advisory opinion on such matters, ensuring legal guidance without direct judicial intervention.
Understanding Article 363 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for handling disputes arising from historical agreements, highlighting the balance between judicial non-interference and advisory opinions. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring the resolution of historical disputes within the Indian Constitution.