Article 362

Article 362 of the Constitution of India, now repealed, was originally enacted to protect the rights and privileges of the rulers of former princely states following India’s independence and political integration. It represented a transitional arrangement meant to ensure a smooth merger of these princely states into the Indian Union while honouring the commitments made to their erstwhile rulers.

Background and Historical Context

At the time of independence in 1947, India comprised over 560 princely states, each governed by a hereditary ruler under the suzerainty of the British Crown. With the lapse of British paramountcy, these rulers were required to accede to the Indian Union. In order to secure their consent and cooperation, the Government of India entered into Instruments of Accession and Merger Agreements, assuring the rulers of certain rights, privileges, and privy purses (annual payments) in return for their integration into the Union.
To give constitutional recognition to these assurances, Article 362 was included in the Constitution of India, which came into force on 26 January 1950. It reflected the Indian government’s commitment to honouring its agreements with the former rulers during the early phase of nation-building.

Text and Purpose of Article 362

The original text of Article 362 provided that:

“In the exercise of the power of the State to make any law or in the making of any law, due regard shall be had to the guarantees or assurances given under any covenant or agreement entered into by the Government of the Dominion of India or by any predecessor Government with the ruler of an Indian State.”

This meant that, while making laws, the Indian Parliament and State Legislatures were required to respect the guarantees given to the rulers concerning their personal rights, properties, titles, and privileges.
The provision was not enforceable as a fundamental right but operated as a constitutional directive, ensuring that former rulers retained certain dignities, privileges, and privy purses as symbols of their previous sovereignty.

The Twenty-Sixth Constitutional Amendment and Repeal

Article 362 was repealed by the Constitution (Twenty-sixth Amendment) Act, 1971, which came into effect on 28 December 1971. The repeal formed part of a comprehensive constitutional reform aimed at abolishing the special privileges of former rulers and establishing complete equality among all citizens.
Alongside the repeal of Article 362, the Twenty-sixth Amendment also:

• Abolished privy purses, which were annual payments made to rulers under Article 291.
• Omitted references to “rulers” and their privileges from Article 366.
• Inserted Article 363A, formally abolishing recognition of former rulers and their rights.

This marked the legal and political end of the special constitutional status enjoyed by princely rulers, completing India’s transition from a semi-feudal to a fully egalitarian democracy.

Context and Rationale for the Repeal

The repeal of Article 362 was motivated by several constitutional and social objectives:

• Equality before law: The continuation of hereditary privileges and privy purses was inconsistent with the democratic and egalitarian principles enshrined in the Preamble and Articles 14 and 18 of the Constitution.
• End of feudal remnants: The government sought to eliminate the vestiges of feudalism and monarchy from a modern republic.
• National integration: By removing distinctions between citizens and former rulers, the amendment aimed to strengthen the unity and equality of the Indian people.
• Fiscal rationalisation: The payment of privy purses to hundreds of former rulers was considered financially burdensome and morally outdated.

Prime Minister Indira Gandhi’s government spearheaded the amendment as part of its larger programme to achieve “social and economic equality” and to promote a truly republican form of governance.

Significance of the Repeal

The abolition of Article 362 and related provisions represented a major step in the consolidation of Indian democracy. Its significance can be summarised as follows:

• It ended the constitutional recognition of princely privileges, symbolising the triumph of republican equality over inherited status.
• It reinforced the principle of equality before law (Article 14) and the abolition of titles (Article 18).
• It signalled India’s complete transition from a federation of semi-autonomous units to a fully unified democratic republic.
• It reflected a decisive move toward modernisation and social justice, ensuring that no individual retained special rights based on ancestry or past political standing.

Impact on Former Rulers

The repeal of Article 362 had substantial social and economic consequences for the former rulers of Indian States:

• They lost their privy purses, titles, and constitutional recognition as rulers.
• The withdrawal of privileges led to legal parity with other citizens, removing their immunity and special treatment.
• In some cases, the government provided ex gratia allowances or compensatory arrangements, but these lacked constitutional backing.

While many rulers adapted to the new social order, some initially opposed the repeal, viewing it as a violation of earlier covenants and assurances made at the time of accession. However, the Supreme Court upheld the constitutionality of the amendment, affirming Parliament’s power to withdraw such privileges in the interest of equality and republican values.

Judicial and Constitutional Perspective

Although no Supreme Court case directly interprets Article 362 after its repeal, the principles underlying its abolition have been discussed in broader constitutional contexts:

• Madhav Rao Scindia v. Union of India (1971): Before the repeal, the Supreme Court struck down a Presidential order derecognising rulers, ruling that such action required constitutional amendment. This decision prompted the subsequent Twenty-sixth Amendment, which permanently abolished recognition of rulers and privileges through constitutional means.
• Keshavananda Bharati v. State of Kerala (1973): The Court’s articulation of the basic structure doctrine underscored that equality and republicanism form part of the basic structure, principles which the repeal of Article 362 sought to advance.

These cases collectively reaffirm the constitutional goal of eliminating hereditary privileges and establishing uniform citizenship.

Related Constitutional Provisions

Following the repeal, the relevant constitutional context includes:

• Article 361: Protection of the President and Governors from legal proceedings, unrelated but illustrative of limited official immunities.
• Article 363A: Inserted by the Twenty-sixth Amendment, it explicitly ends recognition of rulers and their privileges.
• Article 366(22): Defines the term “Ruler” as used before the amendment, marking its historical rather than operative relevance.

Legislative Intent and Political Philosophy

The legislative intent behind the repeal of Article 362 was anchored in the philosophy of egalitarianism and democratic equality. It sought to remove the remnants of monarchical privilege and align India’s constitutional order with the ideals of the Preamble, which declares the Republic to be sovereign, socialist, secular, and democratic.
By abolishing special privileges, the amendment affirmed that all citizens, irrespective of lineage, would enjoy equal status and rights under the law.

Public and Political Reaction

The repeal of Article 362 and the abolition of privy purses received broad public approval, being viewed as a progressive and necessary step in India’s democratic evolution. However, some political opposition emerged, particularly from former rulers and conservative circles, who argued that the move violated the commitments made at the time of accession.
Despite such objections, the amendment was widely regarded as an assertion of the principle that the Constitution and the will of the people must prevail over historical arrangements.