Constitution Section 363 — Bar to interference by courts in disputes arising out of certain treaties, agreements, etc
Part XIX — MISCELLANEOUS
Constitutional
Summary
Neither the Supreme Court nor any other court has the power to hear any dispute that comes from a treaty, agreement, promise, grant, or similar document that was signed before the Constitution began, if it was between a ruler of an Indian State and the Government of India or its earlier governments, and if that document is still in effect. Courts also cannot hear disputes about any rights, duties, or obligations that arise under the Constitution itself if they relate to such pre-Constitution documents. This rule applies even if other parts of the Constitution say something different, but it does not affect the President’s power to ask the Supreme Court for its opinion under article 143. In this section, “Indian State” means any territory that was officially recognized as such before the Constitution began, and “Ruler” includes any prince, chief, or other person who was recognized as the ruler of such a state at that time.
Official Text
(1) Notwithstanding anything in this Constitution but subject to the provisions of article 143, neither the Supreme Court nor any other court shall have jurisdiction in any dispute arising out of any provision of a treaty, agreement, covenant, engagement, sanad or other similar instrument which was entered into or executed before the commencement of this Constitution by any Ruler of an Indian State and to which the Government of the Dominion of India or any of its predecessor Governments was a party and which has or has been continued in operation after such commencement, or in any dispute in respect of any right accruing under or any liability or obligation arising out of any of the provisions of this Constitution relating to any such treaty, agreement, covenant, engagement, sanad or other similar instrument.
(2) In this article—
(a) “Indian State” means any territory recognised before the commencement of this Constitution by His Majesty or the Government of the Dominion of India as being such a State; and
(b) “Ruler” includes the Prince, Chief or other person recognised before such commencement by His Majesty or the Government of the Dominion of India as the Ruler of any Indian State.