TMI Blog1964 (3) TMI 117X X X X Extracts X X X X X X X X Extracts X X X X ..... sion to the Raj as well as the Zamindari properties under the general rule of succession which prevails and which is not inconsistent with the family custom. The head of the family was, by family custom, called the Chief and he was chosen from among the members of the Ruling Deb Barman family and used to be installed on the Gaddi or Throne. The petitioners further alleged that the Ruler when so chosen and installed held the State and Zamindari as life tenant subject to the usual charges for maintenance of the members of the Ruling Family. In course of time, the maintenance allowance of the members of the Ruling family came to be fixed arbitrarily by the Rulers without any regard to their status and their legiti- mate needs, and that led to discontent among them which re- sulted in a serious agitation raised by them during the lifetime of the late Maharaja Bir Bikram. In consequence, at the time of Regency of Her Highness Rajmata during the minority of the last Ruler Maharaja Kirit Bikram, a Committee was appointed on the 20th June, 1949, to consider the question of allowances payable to the members of the Ruling family. However, before the Committee could submit its report, the Sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, however, attempted to argue that some aspects of the problem had not been pressed before the Court when it decided the case of Mohan Lal Jain (1), and so, he wanted us to reconsider that question. We have not allowed Mr. Shukla to raise this contention, because we are satisfied that the decision in Mohan Lal Jain's case concludes the point and it would not be reasonable to reconsider it as suggested by him. We ought to add that we are dealing with Mr. Shukla's argument that s. 87B, C.P.C., is invalid because it contravenes Art. 19(1)(f), on the basis that the case of Mohan Lal Jain(1) has correctly repelled the challenge against the said section ,under Art. That leaves the challenge under Art. 19(1) (f) to be considered. In dealing with this point, it will be necessary to examine the background, both historical and legislative, of s. 87B. Section 87B(1) provides that the provisions of s. 85 and of sub-ss. (1) and (3) of s. 86 shall apply in relation to the Rulers of any former Indian State as they apply in relation to the Ruler of a foreign State. Section 87B(2) defines a 'former Indian State' and a Ruler . It is not necessary to refer to these provisions, be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... official capacity. Sections 83 to 87 dealt with suits by aliens and by or against foreign Rulers and Rulers of Indian States; and s. 88 had reference to interpleader suits. After the Constitution came into force, the President made certain adaptations by the Adaptations of Laws Order, 1950. As a result of Art. 372, the protection afforded to Foreign Rulers and Rulers of Indian States continued, and that is how s. 87B came to be enacted in the statute-book. It is in the light of this legislative background that the plea raised by the petitioners in the present proceedings has to be examined. The legislative background to which we have referred cannot be divorced from the historical background which is to be found for instance, in Art. 362. This Article provides that in the exercise of the power of Parliament or of any legislature of any 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 clause (1) of Art. 291 with respect to the personal rights, privileges and dignities of a Ruler of an Indian State. This has reference to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dered in the context of these events, we do not think it would be possible to hold that the specific provision made by s. 87B granting exemption to the Rulers of former Indian States from being sued except with the sanction of the Central Government, is not reasonable and is not in the interests of the general public. It is true that the restriction works a hardship so far as the petitioners are concerned; but balancing the said hardship against the other considerations to which we have just referred, it would be difficult to sustain the argument that the section itself should be treated as unconstitutional. Before we part with this matter, however, we would like to invite the Central Government to consider seriously whether it is necessary to allow s. 87B to operate prospectively for all time. The agreements made with the Rulers of Indian States, may, no doubt, have to be accepted and the assurances given to them may have to be observed. But considered broadly in the light of the basic principle of the equality before law, it seems somewhat odd that s. 87B should continue to operate for all time. For past dealings and transactions, protection may justifiably be given to Rulers of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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