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1993 Supreme(SC) 106

B. P. JEEVAN REDDY, L. M. SHARMA, S. MOHAN, S. P. BHARUCHA, S. R. PANDIAN
Raghunathrao Ganpatrao: Srikanta Datta Narasimharaja Wodiyar – Appellant
Versus
Union Of India – Respondent


Advocates:
A.K.GANGULY, A.K.VERMA, A.Subhashini, Anip Sachthey, C.N.SRI KUMAR, C.V.SUBBA RAO, D.D.THAKUR, D.GOVERDHAN CHARY, G.L.SANGHI, G.Prakash, G.RAMASVAMY, HARISH N.SLAVE, J.B.DADACHAN, M.KARANJAVALA, M.P.VINOD, MANMIT SINGH JAMVAL, N.N.BHATTACHARYA, P.PARMESHVARAN, PICHAI, R.F.NARIMAN, R.NAGENDRA NAIDU, S.PATHAK, S.RAJAPPA, S.SUKUMARAN, Santosh Singh, SOLI J.SORABJI, SUNIL GUPTA, V.GAURI SHANKAR

JUDGMENT

S. RATNAVEL PANDIAN, J.:—These two Writ Petitions call in question the constitutional validity of the Constitution (Twenty-sixth Amendment) Act of 1971 inter alia, on the ground that it violates the basic structure and essential features of the Constitution of India and is, therefore, outside the scope and ambit of constituent powers of the Parliament to amend the Constitution as provided under Art. 368 of the Constitution. In addition, certain directions or suitable orders are sought for declaring that the petitioners continue to be the Rulers or the Successor Rulers, as the case may be and directing the respondent Union of India to continue to recognise their personal rights, amenities and privileges as Rulers of their erstwhile States and also continue to pay privy purse to them in addition to their arrears of amounts. For facilitating a proper understanding of the controversy that has led to the filing of these two writ petitions and the Interlocutory Applications I to 3 of 1992 in writ petition No. 351 of 1972, a synoptical resume of the case as adumbrated in Writ Petition No. 351/72 with the historical background may be stated:

The petitioner, Shri Raghunathrao Raja w





































































































































































































































































































































































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