Article 374 of the Costitution of India with Case law
📜 Article 374 of the Constitution of India
Title: Restriction on the power of Supreme Court to hear appeals against certain High Court decisions
✅ Text of Article 374:
“Notwithstanding anything in this Constitution, no appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in regard to any dispute arising out of any treaty, agreement, covenant, engagement or other similar instrument entered into or executed before the commencement of this Constitution in respect of any such treaty, agreement, covenant, engagement or instrument.”
🔍 Meaning and Purpose:
Article 374 bars the Supreme Court from hearing appeals from High Courts in cases involving treaties or agreements made before the commencement of the Constitution (26th January 1950).
Mainly intended to protect settlements or arrangements made between the Government of India and the rulers of former princely states.
It aimed to prevent interference by the Supreme Court in these historic agreements.
This was part of the transitional arrangements at the time of integration of princely states.
❌ Status:
Article 374 was repealed by the 26th Constitutional Amendment Act, 1971.
This repeal was part of the move to abolish privy purses and privileges of the former rulers.
Hence, this Article is no longer in force.
⚖️ Relevant Case Law:
Since Article 374 was a transitional provision, there are limited cases specifically interpreting it, but the context of its application and eventual repeal is linked to:
1. Madhav Rao Scindia v. Union of India (1971)
Citation: AIR 1971 SC 530
Facts: The case involved challenges to the abolition of privy purses and the derecognition of rulers, which related to agreements before the Constitution.
Held:
Before the repeal of Article 374, Supreme Court’s jurisdiction over such disputes was restricted.
The court ruled in favor of the rulers based on constitutional guarantees.
However, after the 26th Amendment, these guarantees and restrictions were removed.
🧠 Summary:
| Feature | Description |
|---|---|
| Article Number | 374 (Repealed) |
| Purpose | Bar Supreme Court appeals on pre-constitutional treaties/agreements |
| Scope | Protected agreements with princely rulers |
| Current Status | Repealed by 26th Amendment (1971) |
| Relevant Case | Madhav Rao Scindia v. Union of India (1971) |
| Significance | Part of transitional provisions for integration of princely states |
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