SC agrees to hear Jaipur Royals' plea on historic covenants

The Supreme Court has issued notice on a petition filed by Rajmata Padmini Devi, Rajasthan Deputy Chief Minister Diya Kumari, and Maharaja Sawai Padmanabh Singh of the erstwhile Jaipur royal family, challenging the constitutional bar under Article 363 over adjudication of disputes stemming from pre-Independence covenants between princely states and the Government of India.

- 

A bench comprising Justice Prashant Kumar Mishra and Justice A.G. Masih on Monday signaled readiness to delve into the nuanced constitutional debate surrounding the continuing applicability of Article 363 especially after the repeal of its companion provision, Article 362, in 1972.

Appearing for the petitioners, Senior Advocate Harish Salve, assisted by Senior Counsel Vibha Datta Makhija, contended that the 1949 covenant in question was not signed with the Government of India (GoI), but among five Rajasthan rulers, with the Centre acting merely as a guarantor.

Hence, Article 363, which bars courts from entertaining disputes arising from covenants, should not apply.