Article 362 of Indian Constitution: Rights and privileges of Rulers of Indian States [REPEALED]

Under part XIX Article 362 of Indian Constitution once held critical importance in post-independence India . When the country transitioned from colonial rule to a unified sovereign republic, it had to incorporate over 500 princely states. To ensure a smooth merger, the Indian government provided certain guarantees to the rulers of these states. These guarantees included personal rights, privileges, and dignities, recognized formally in the Constitution through Article 362 of the Indian Constitution .

This constitutional provision offered reassurance to the Rulers of Indian States by ensuring their traditional entitlements were not overridden by new laws. However, with the progression of India as a democratic republic the need for such hierarchical distinctions diminished. Eventually, the Parliament repealed Article 362 of Constitution of India through the Twenty-sixth Constitutional Amendment in 1971. This move aligned the Constitution with democratic principles of equality and justice for all citizens—regardless of their royal lineage or heritage. Explore in-depth analysis of other Constitutional Articles.

 Article 362 of Indian Constitution

 Rights and privileges of Rulers of Indian States [REPEALED]

In the exercise of the power of Parliament or of the Legislature of a State to make laws or in the exercise of the executive power of the Union or of a State, due regard shall be had to the guarantee or assurance given under any such covenant or agreement as is referred to in clause (1) of article 291 with respect to the personal rights, privileges and dignities of the Ruler of an Indian State.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

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At its core, Article 362 of Indian Constitution was created to honor the promises made by the Indian government to the rulers of princely states at the time of their accession into the Indian Union. It required that any legislative or executive action at the central or state level respect the assurances provided to these rulers under Article 291 .

In simpler terms, Article 362 of the Indian Constitution protected the personal rights, titles and privileges of these former rulers. It gave them a constitutional safeguard ensuring that their dignity and status were preserved in independent India. The provision served as a diplomatic bridge in facilitating the peaceful unification of the country.

However, the presence of such privileges in a democratic society became increasingly untenable. Therefore, the Constitution (Twenty-sixth Amendment) Act, 1971 repealed this article. With its repeal, 362 article no longer provided immunity to the rulers. They lost their special status, and the previous guarantees under art 362 and article 291 became void . This was seen as a necessary step to bring all citizens under a uniform framework of rights and obligations in line with the principles of equality and social justice .

 Article 362 of Indian Constitution Landmark Judgments

The judicial discourse surrounding Article 362 of Constitution of India is limited due to its repeal in 1971 . Nonetheless key judgments have contextualized its impact :

• Madhav Rao Scindia v. Union of India (1971) – In this landmark case, the Supreme Court ruled that the Government’s action to abolish privy purses and derecognize the titles of former rulers was unconstitutional . The Court held that such actions violated Article 362 which required the government to honor guarantees made to rulers under their accession agreements, thereby upholding their rights and privileges.
• H.H. Maharajadhiraja Madhav Rao Jiwaji Rao Scindia Bahadur v. Union of India – This case followed the earlier Madhav Rao Scindia ruling and emphasized that the withdrawal of rulers’ privileges could not be done arbitrarily. It stressed that any change to those guarantees had to be through proper constitutional amendments, reaffirming the binding nature of Article 362 of the Indian Constitution at the time.

The presence of Article 362 of Constitution in the original Constitution of India served as a political necessity rather than a democratic ideal. It allowed India to navigate a delicate transitional phase post-independence by securing the cooperation of princely rulers. This was vital for the territorial and administrative unity of the nation.

At a time when nation-building required the merger of hundreds of sovereign states, Article 362 of Indian Constitution provided these rulers with an assurance that their personal rights and dignities would be preserved. It helped prevent civil unrest, allowed peaceful integrations, and avoided legal battles during a volatile period.

However as India embraced a republican identity, the continuation of these royal entitlements became incompatible with constitutional values . Article 362 of Constitution of India eventually became symbolic of inequality fostering a class of privileged citizens above ordinary law. Its repeal was thus not only legally significant but also ideologically crucial . It reaffirmed India's commitment to democratic principles, especially equality, unity and the rule of law.

 Article 362 of Indian Constitution Developments and Amendments

The repeal of Article 362 of the Indian Constitution was executed through the Constitution (Twenty-sixth Amendment) Act, 1971, spearheaded by then Prime Minister Indira Gandhi. The amendment also abolished Article 291 and introduced Article 363A to explicitly derecognize all former rulers.

This pivotal change had three direct effects:

• End of Privy Purses: Payments made to rulers as part of their accession agreements ceased to exist.
• Derecognition of Titles: Former rulers could no longer legally claim their royal titles or status.
• Repeal of Article 362: The constitutional protection of their rights and dignities was completely withdrawn.

Put simply, Article 362 of Constitution once protected the rights and privileges of the rulers of princely states who joined India after independence. The 26th Amendment removed this safeguard, meaning these rulers no longer enjoyed the special status they once held.

This development aligned the Constitution with the spirit of equality . It ensured there were no special classes of citizens and that all were subject to the same laws . It also exemplified the adaptability of the Indian Constitution highlighting how evolving political and social values shape legal structures over time .

Conclusion 

Article 362 of Indian Constitution served an important purpose during a unique historical moment . It helped integrate princely states into the Indian Union by guaranteeing their rulers certain rights . This helped avoid armed conflicts, ensured administrative continuity and allowed India to establish its sovereignty peacefully .

However over time, article 362 became incompatible with the foundational principles of the Indian Constitution—especially equality before the law. As India evolved into a robust democracy, maintaining privileges for a few based on historical arrangements no longer served the public interest. The 1971 repeal via the 26th Amendment marked a decisive break from the feudal remnants of India's past.

Today, Article 362 of Constitution of India is a historical reference, reminding us of how flexibility and foresight allowed India to prioritize unity first and equality later. It also reaffirms the role of the Constitution as a living document—one that discards outdated provisions and adapts to the demands of modern democracy.

Through this repeal, India reinforced its promise: every citizen, regardless of heritage, enjoys the same legal standing. Thus, the journey of 362 article, from a tool of transition to a relic of the past, mirrors India’s democratic maturation and its unwavering commitment to justice and equality for all.