Article 291 of the Costitution of India with Case law
🔷 Article 291 of the Constitution of India (Before Repeal): Privy Purse Rights of Rulers of Indian States
📜 Text of Article 291 (Now Repealed) – Before 26th Amendment, 1971:
"Where under any covenant or agreement entered into by the ruler of any Indian State before the commencement of this Constitution, the payment of any sum, free of tax, has been guaranteed or assured by the Government of the Dominion of India to any ruler of such State as privy purse —
the said sum shall be charged on, and paid out of, the Consolidated Fund of India."
❌ Current Status:
Repealed by the Constitution (Twenty-Sixth Amendment) Act, 1971
Effective from: 28 December 1971
🧾 Explanation:
Article 291 guaranteed the payment of "Privy Purses" (a sort of pension or allowance) to the former rulers of princely states, who had merged their territories with the Indian Union after Independence.
These payments were part of the Instrument of Accession and Covenants of Merger signed during 1947–1949.
The payments were to be made from the Consolidated Fund of India, and were exempt from taxation.
The 26th Constitutional Amendment abolished Article 291 and derecognized the rulers, ending their special privileges.
⚖️ Important Case Law:
🔹 Madhav Rao Scindia v. Union of India, AIR 1971 SC 530
A landmark case where the Supreme Court struck down the Presidential order of 1970 that derecognized the princes and abolished privy purses, stating that it was unconstitutional.
The Court held that such rights under Articles 291 and 362 were constitutional guarantees.
However, Parliament later passed the 26th Amendment, overruling this judgment by removing Articles 291 and 362 and ending all such guarantees.
📜 26th Amendment Highlights:
Articles Repealed:
Article 291 (Privy Purse)
Article 362 (Recognition of rights and privileges)
New Article Inserted:
Article 363A: Recognition granted to rulers and their privileges ceased to exist.
Effect:
Rulers lost official status and ceased to receive Privy Purse.
🏛️ Historical Context:
Why Privy Purses?
To encourage the princely states to join the Indian Union peacefully.
Around 565 princely states were integrated.
Why abolished?
Viewed as anachronistic, unequal, and incompatible with a democratic, socialist republic.
Prime Minister Indira Gandhi championed the abolition in 1971.
📌 Summary Table:
| Feature | Description |
|---|---|
| Article Number | 291 (Now Repealed) |
| Purpose | Guaranteed Privy Purse payments to former rulers |
| Source of Funds | Consolidated Fund of India |
| Exemption | Not subject to income tax |
| Repealed by | 26th Constitutional Amendment Act, 1971 |
| Related Case | Madhav Rao Scindia v. Union of India (1971) |
RELATED Blog
0 comments