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HCS (Haryana)Prelims2022General Studies

Question

Which of the following Article bars the courts from interfering in disputes arising out of certain treaties and agreements made by the Princely States before the commencement of the Constitution?

Options

  1. A Article 358
  2. B Article 363
  3. C Article 366
  4. D Article 368
Show Answer

Correct Answer

B Article 363

Model Answer

  • In accordance with Article 363 of the Indian Constitution, disputes arising out of specific treaties, agreements, and other legal documents cannot be resolved by the use of the court system.
  • No court, including the Supreme Court, shall have jurisdiction over any dispute arising out of any provision of a treaty, agreement, covenant, engagement, sanad, or other comparable instrument entered into or executed by any Ruler of an Indian State prior to the beginning of this constitution, despite anything else in this constitution and subject to the restrictions of article 143. Hence option B is correct.
  • And to which the Government of the Dominion of India or any of its preceding Government was a party, and which has or has been in force after such commencement, or in any dispute arising out of any right accruing under a liability or obligation arising out of any of the provisions of this about any such treaty, agreement, covenant, engagement, sanad, or other similar instruments.

In this article -

  • "Indian State" means any territory acknowledged prior to the beginning of this Constitution as being such a state by his Majesty or the Government of the Dominion of India, and
  • The term "Ruler" encompasses any prince, chief, or other person acknowledged as the Ruler of any Indian State by his Majesty or the Government of the Dominion of India prior to such commencement.

Additional Information

  • The Suspension of Article 19 provisions during crises is covered in Article 358.
  • According to Article 368, a constitutional modification can only be started by introducing a bill in one of the two Houses of Parliament (the Lok Sabha or the Rajya Sabha), not in the state legislatures.
  • Article 366 of the Constitution of India defines several terms, including "Scheduled Tribes", "goods and service tax", "services", and "state".
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2022 — Which of the following Article bars the courts from… | Dr. Amit IAS Academy