Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.

Article 302A, Draft Constitution of India 1948

(1) Notwithstanding anything contained in this Constitution and subject to the provisions of article 119 thereof, 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 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 the date of commencement of this Constitution, or in any dispute in respect of any right accruing under 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 recognised 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 recognised by His Majesty or the Government of the Dominion of India as the Ruler of any Indian State.

Article 363, Constitution of India 1950

(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 recognised 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 recognised before such commencement by His Majesty or the Government of the Dominion of India as the Ruler of any Indian State.

Draft Article 302-AA (Article 363 of the Constitution of India, 1950) was absent in the Draft Constitution of India 1948. It was introduced by the Drafting Committee Member in the Assembly on 16 October 1949. The Draft Article barred the Courts from deciding cases that involved disputes regarding treaties, agreements or engagements between the Indian
governments and the Princely States.

The Member who introduced the amendment argued that allowing the Courts to dispute such matters could upset arrangements that were designed to facilitate the Princely States to join the Indian Union.

There was no debate or discussion around this Draft Article and it was accepted as is on the same day.