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
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
relied on : Minerva Mills Ltd. v. Union of India
Kesavanancta Bharati v. State of Kerala
Indira Nehru Gandhi v. Raj Namin
Sanjeev Coke Mfg. Co. v. Bharat Coking Coal Ltd.
referred to : Rustom Cavasjee Cooper v. Union of India
Sankari Prasad Singh Deo v. Union of India
Sajjan Singh v. State, of RaJASthan
explained and distinguished : Madhav Rao Scindia v. Union of India
Kesavananda Bharati v. Stale of Kerala
referred to : O.N. Mohindroo v. District Judge, Delhi
relied on : Indira Nehru Gandhi v. Raj Narain
Bembari Union and Exchange of Enclaves, Re, Reference by the President of India under Article 143(1)
explained and distinguished : Madhav Rao Scindia v. Union of India
relied on : Kesavananda Bharati v. State of Kerala
referred to : Rustom Cawasjee Cooper v. Union of India
distinguished : Md. Vsman v. State of A.P.
Ramesh Prasad Singh v. State of Bihar
relied on : Bhim Singhji v. Union of India
referred to : Minerva Mills Ltd. v. Union of India
Kasturi Lal ,Lakshmi Reddy v. State ofJandK
Ajay Hasia v. Khalid Majib Sehravardi
Mohanlal Jain v. His Highness Maharaja Shri Sawai Man Singhji
Nagpur Improvement Trust v. Vithal Rao
relied on : Nawab Usmanali Khan v. Sagamal
Virendra Singh v. State of U.P.
referred to : Bhim Singhji v. Union of India
relied on : Kesavananda Bharati v. State of Kerala
Francis Coralie Mullin v. Administrator, Union Territory of Delhi
referred to : O.N. Mohindroo v. District Judge, Delhi
relied on : Nawab Usmanali Khan v. Sagarmal
Kunwar Shri Vir Rajendra Singh v. Union of India
referred to : R.D. Shelly v.International Airport Authority of India
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