26th Amendment of the Indian Constitution (1971)

The 26th Amendment Act of 1971 is a very important change in India’s constitutional history. It officially abolished the privy purses — the payments a

26th Amendment of the Indian Constitution (1971)

The 26th Amendment Act of 1971 is a very important change in India’s constitutional history. It officially abolished the privy purses — the payments and privileges that were given to the former rulers of princely states after India’s independence.

When India became independent in 1947, many princely states joined the Indian Union. To persuade them to merge, the Government of India had promised them annual payments (privy purses) and some personal privileges, such as recognition of their royal titles. These were guaranteed under Articles 291 and 362 of the Constitution.

However, over time, these privileges came to be seen as against the principles of equality and democracy. India was now a republic where everyone was equal before the law, so continuing to pay the former princes was seen as unfair. To end this system and uphold the spirit of equality, the government brought in the 26th Amendment Act, 1971.

Point	Details
Name of Amendment	26th Amendment of the Indian Constitution
Year of Enactment	1971
Came into Force On	28 December 1971
Introduced By	Prime Minister Indira Gandhi’s Government
Main Objective	To abolish privy purses and royal privileges of former rulers of princely states.
Key Articles Affected	Articles 291 and 362 deleted; new Article 363A inserted; Article 366 amended.
Major Provision	Abolition of recognition, privileges, and payments (privy purses) to former princes.
New Article Added	Article 363A – Ends all recognition and privileges of former rulers.
Impact	Ended all royal titles and payments; reinforced equality and democracy in India.
Effect on Rulers	Former princes lost legal recognition, titles, and annual payments (privy purses).
Principle Strengthened	Equality before law and the end of hereditary privileges.
Significance	Completed India’s transition from monarchy to a true democratic republic.
Motto Reflected	“Equality for All, Privilege for None.”

Table: Overall highlights of the 26th Amendment of the Indian Constitution (1971) – Objectives, Provisions, and Impact.

---

Background of 26th Amendment

When India became a republic, there were more than 560 princely states. These rulers agreed to merge their territories with India under certain conditions. In return, they were promised their titles, certain privileges, and annual payments from the government called privy purses.

The arrangement was meant to be temporary — to make the transition from monarchy to democracy smooth. However, even two decades after independence, these rulers continued to enjoy their privileges and received payments from public funds.

By the late 1960s, many Indians felt that this was unjust and outdated. India was facing poverty and economic challenges, and the idea of giving special payments to former kings went against the values of equality and socialism. The government, led by Prime Minister Indira Gandhi, argued that these payments symbolized inequality and should be abolished.

An attempt to remove the privileges was made in 1970 through a Presidential Order, but it was struck down by the Supreme Court. Later, the government decided to do it through a constitutional amendment, which became the 26th Amendment Act of 1971.

---

Main Provisions of the 26th Amendment

The 26th Amendment Act, 1971 brought several important constitutional changes to abolish the privy purses and special privileges of the former rulers of India’s princely states. It ensured that no one in independent India would enjoy benefits based on royal heritage or past status. The main provisions of this amendment are explained below.

The first and most significant provision was the removal of Articles 291 and 362 from the Constitution. Article 291 had guaranteed annual payments, known as privy purses, to the former princes who had merged their kingdoms with India after independence. 

These payments were made from the government’s funds. Article 362 had recognized their personal rights and privileges, ensuring respect for their status and traditions. The 26th Amendment completely deleted both these Articles, ending the constitutional guarantee for such privileges.

The second major provision was the insertion of a new Article 363A after Article 363. This new Article made it clear that:

1. No person would be recognized as a ruler of any former Indian state.

2. All privileges, titles, and privy purses that were previously granted would be abolished.

3. Any rights, liabilities, or obligations connected with such privileges or payments would no longer exist.

The third important change was the amendment of Article 366(22). This Article defined the term “Ruler.” The amendment changed its meaning, stating that no person shall be recognized as a ruler by the President of India after the enforcement of this amendment.

Through these changes, the 26th Amendment completely ended the system of royal privileges and established the principle that all citizens are equal before the law, without any special status based on birth or past rulership.

---

Effects of the 26th Amendment

The 26th Amendment Act of 1971 had far-reaching effects on India’s political, social, and constitutional system. It completely ended the official recognition of the former rulers of princely states and abolished all payments and privileges they enjoyed under the Constitution.

One of the most important effects was the abolition of privy purses. Before this amendment, former princes received annual payments from the government treasury as part of the merger agreements signed after independence. 

These payments stopped completely after the 26th Amendment came into force. This not only saved public funds but also removed a symbol of inequality from the Indian Republic.

Another major effect was the end of royal privileges and titles. The former rulers could no longer use titles such as “Maharaja,” “Nawab,” or “Rajmata” as a mark of legal recognition. Their royal status had no constitutional value, and they became equal citizens under the law, like everyone else.

The amendment also strengthened the principle of equality in India. By removing Articles 291 and 362, it ensured that no one would receive special treatment based on heritage or past rulership. This helped reinforce the idea that India is a democratic and socialist republic where all citizens are equal before the law.

Politically, the amendment demonstrated the government’s commitment to social justice and democratic values. It marked the final step in India’s transition from monarchy to a true republic.

Overall, the 26th Amendment helped India move closer to the ideals of the Preamble — justice, equality, and fraternity — by ending all hereditary privileges and creating a society based solely on constitutional rights, not royal inheritance.

---

Significance of the 26th Amendment

The 26th Amendment is seen as a symbol of India’s transition from monarchy to complete democracy. It represented the victory of equality and republican values over hereditary privileges.

It ensured that in independent India, no one would enjoy special treatment or payments simply because of birth. Every citizen would stand equal under the Constitution, without distinction of royal or common origin.

The amendment also demonstrated the strength of the Constitution — that if any outdated provision exists, it can be changed through democratic means to match the spirit of the times.

---

Impact on Indian Society and Politics

After the 26th Amendment, India took a major step forward in social equality. The decision had both political and moral importance:

• Politically, it showed the government’s commitment to equality and fairness. It helped strengthen India’s image as a modern republic free from feudal traditions.

• Socially, it ended the long-standing privilege of a small class of former princes, reinforcing the principle that everyone is equal before law.

• Economically, it saved public money that was previously spent on these payments and redirected it toward development.

Although some former rulers were unhappy and felt the decision broke earlier promises, over time the public widely accepted the move as necessary and just.

---

Conclusion

The 26th Amendment of the Indian Constitution (1971) was a historic step in completing India’s democratic transformation. It abolished the privy purses and royal privileges that had been a leftover from the days of monarchy.

By removing Articles 291 and 362 and adding Article 363A, the amendment ensured that the idea of special rights based on heredity no longer existed in India. It reinforced the principle that all citizens are equal, and no one can claim privileges above others.

The amendment also reflected India’s commitment to its constitutional values — democracy, equality, and socialism. It showed that the Constitution is a living document that can adapt to social and political changes.

In short, the 26th Amendment ended one of the last traces of monarchy and strengthened India’s identity as a sovereign, democratic, and egalitarian republic, where every citizen stands equal in the eyes of the law.