Courts' Authority to Mediate Disputes Over Properties of Former Princely States: Supreme Court to Review Jurisdiction
It's a legal tussle that's set in history, with the Supreme Court of India recently agreeing to weigh in on a contentious issue: can courts settle disputes regarding properties of erstwhile princely states, governed by pre-constitutional covenants, under Article 363 of the Indian Constitution?
Background
First off, a brief history lesson: Article 363 of the Indian Constitution restrains courts from intervening in disputes arising out of any treaty, agreement, covenant, sanad, or engagement made between a princely state and the Government of India before the commencement of the Constitution. This rule is set in place to avoid court interference in matters that were once governed by pre-Independence accords.
Recently, the issue has resurfaced following a plea by members of Jaipur’s royal family, including Rajmata Padmini Devi, Diya Kumari, and Sawai Padmanabh Singh, challenging a Rajasthan High Court judgment which ruled that suits for possession or damages pertaining to properties covered by pre-Independence covenants cannot be entertained by civil courts due to Article 363.
Now, let's zoom in on the Supreme Court bench that took up the case. Comprising Justices Prashant Kumar Mishra and Augustine George Masih, the bench has issued notice and will reconsider the continuing relevance and interpretation of Article 363, especially in light of the repeal of Article 362, which guaranteed privileges to former rulers and was repealed in 1972.
The Legal Battle Ahead
The Supreme Court has not reached a final decision yet, but the forthcoming judgment is sure to set important precedents. If courts are allowed to adjudicate property disputes stemming from pre-constitutional covenants, it could pave the way for new claims by other former princely families across India, potentially reopening long-dormant property disputes. On the other hand, if Article 363 remains a bar on such litigation, it would effectively foreclose further claims.
Key Players
While the Supreme Court takes center stage in this dispute, it's being closely watched by both the Rajasthan government and the Jaipur royal family. The matter revolves around properties like the Town Hall (Old Vidhan Sabha) and other properties located within the walled city of Jaipur. The relatives of the Jaipur royal family have claimed these properties, prompting a legal battle that could have ramifications far beyond the city limits.
The legal wrangling is set to continue for at least another eight weeks, as the Supreme Court takes its time to deliberate the intricate issues involved. Whether it leads to the return of princely properties or solidifies several decades of state control remains to be seen. Stay tuned for updates as this fascinating case unfolds!
The legal battle ahead could alter the landscape of financial investments involving real-estate in India, as the Supreme Court's decision on property disputes stemming from pre-constitutional covenants could open doors for claims by other princely families, or it may forever foreclose such litigation. The eyes of both the Rajasthan government and the Jaipur royal family are fixed on the Supreme Court, as the case revolves around significant properties like the Town Hall (Old Vidhan Sabha) and other properties located within the walled city of Jaipur, potentially influencing both local and national investing landscapes.
