पृष्ठ:भारत का संविधान (१९५७).djvu/३१८

विकिस्रोत से
नेविगेशन पर जाएँ खोज पर जाएँ
यह पृष्ठ जाँच लिया गया है।
138
THE CONSTITUTION OF INDIA

Part XIX.—Miscellaneous.—Arts. 362—364.

Rights and privileges of Rulers of Indian States.

[१]362. 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 [२]* * * article 291 with respect to the personal rights, privileges and dignities of the Ruler of an Indian State.

Bar to Interference by Courts in disputes arising out of certain treaties agreements, etc.

363. (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, engangement 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.

Special provisions as to major ports and aerodromes.

364. (1) Notwithstanding anything in this Constitution, the President may by public notification direct that as from such date as may be specified in the notification—

(a) any law made by Parliament or by the Legislature of a State shall not appply to any major port or aerodrome or shall apply thereto subject to such exceptions or modifications as may be specified in the notification, or
(b) any existing law shall cease to have effect in any major port or aerodrome except as respects things done or omitted to be done before the said date, or shall in its application to such port or aerodrome have effect subject to such exceptions or modifications as may be specified in the notification.

(2) In this article—

(a) "major port" means a port declared to be a major port by or under any law made by Parliament or any existing law and includes all areas for the time being included within the limits of such port;

  1. Art. 362 shall not apply to the State of Jammu and Kashmir.
  2. The words "clause (1) of" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.