26th Amendment1971Official source

The Constitution (Twenty-sixth Amendment) Act, 1971

Overview

Official citationAct 26 of 1971Enacting authorityParliament of IndiaPublished31 July 1971Commenced28 December 1971As atThis is the version of this document from 31 July 1971.Sections (total / operative)4 / 3

Articles amended

  • 366

Articles inserted

  • 363A

Articles omitted

  • 291

The concept of rulership, with privy purses and special privileges unrelated to any current functions and social purposes, is incompatible with an egalitarian social order. Government have, therefore, decided to terminate the privy purses and privileges of the Rulers of former Indian States.

Statement of Objects and Reasons

Statement of Objects and Reasons appended to the Constitution (Twenty-sixth Amendment) Bill, 1971 which was enacted as THE CONSTITUTION (Twenty-sixth Amendment) Act, 1971

The concept of rulership, with privy purses and special privileges unrelated to any current functions and social purposes, is incompatible with an egalitarian social order. Government have, therefore, decided to terminate the privy purses and privileges of the Rulers of former Indian States. It is necessary for this purpose, apart from amending the relevant provisions of the Constitution, to insert a new article therein so as to terminate expressly the recognition already granted to such Rulers and to abolish privy purses and extinguish all rights, liabilities and obligations in respect of privy purses. Hence this Bill.

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:---

Short title

This Act may be called the Constitution (Twenty-sixty Amendment) Act, 1971.

Omission of articles 291 and 362

Articles 291 and 362 of the Constitution shall be omitted.

Insertion of new article 363A

After article 363 of the Constitution, the following article shall be inserted, namely:---

"363A.Recognition granted to Rulers of Indian States to cease and privy purses to be abolished.- Notwithstanding anything in this Constitution or in any law for the time being in force-

(a) The Prince, Chief or other person who, at any time before the commencement of THE CONSTITUTION (Twenty-sixth Amendment) Act, 1971, was recognised by the President as the Ruler of an Indian State or any person who, at any time before such commencement, was recognised by the President as the successor of such Ruler shall, on and from such commencement, cease to be recognised as such Ruler or the successor of such Ruler;

(b) on and from the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, privy purse is abolished and all rights, liabilities and obligations in respect of privy purse are extinguished and accordingly the Ruler or, as the case may be, the successor of such Ruler, referred to in clause (a) or any other person shall not be paid any sum as privy purse.".

Amendment of article 366

In article 366 of the Constitution, for clause (22), the following clause shall be substituted, namely:-(22) "Ruler" means the Prince, Chief or

other person who, at any time before the commencement of THE CONSTITUTION (Twenty-sixth Amendment) Act, 1971, was recognised by the President as the Ruler of an Indian State or any person who, at any time before such commencement, was recognised by the President as the successor of such Ruler;'.