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Can 'Raja/Nawab/Maharaja/Rajkumar' Titles Be Used As Prefix In Constitutional, Lower Courts?: Rajasthan HC Asks Centre, State
Sparsh Upadhyay
15 Jan 2022 5:57 PM IST
The Rajasthan High Court has issued a notice to the Central and State Governments asking as to whether any person can put Maharaja, Raja, Nawab, Rajkumar titles as a prefix while filing cases in the High Court or Trial Court. The Bench of Justice Sameer Jain has sought the reply of the Union and Rajasthan Government after perusing the cause title of a petition, wherein, the Court noted,...
The Rajasthan High Court has issued a notice to the Central and State Governments asking as to whether any person can put Maharaja, Raja, Nawab, Rajkumar titles as a prefix while filing cases in the High Court or Trial Court.
The Bench of Justice Sameer Jain has sought the reply of the Union and Rajasthan Government after perusing the cause title of a petition, wherein, the Court noted, the respondent No.1 in the matter was titled as "Raja Laxman Singh".
At the outset, the Court referred to the 26th Amendment in the Constitution of India, Article 363-A, and Article 14 [Equality before law] to stress that recognition, titles granted to the rulers of the Indian State no more persist and have been abolished.
Herein, it may be noted that by way of the 26th Amendment in the Constitution of India, the privy purse paid to former rulers of princely states was abolished and a provision to that effect was incorporated into the Constitution, i.e., Article 363A [Recognition granted to Rulers of Indian States to cease and privy purses to be abolished].
When the counsel for the petitioner submitted that the said title was filed before the trial court and as a result of the same had to be repeated/ generated before the High Court, the Court directed that limited notices be issued to the Additional Solicitor General and the Advocate General for the State to address the Court on the following issue:
"Whether after the insertion of Article 363-A and 26th Amendment in the Constitution of India, the said title of Raja,Nawab, Maharaja,Rajkumar as prefix can be filed/ addressed in the constitutional court or the learned trial court below"
The registry has been directed to issue notices of the said petition as well as a certified copy of the order upon the respective offices of ASG and AG so that the issue can be addressed on the next date.
With this, the matter has been listed for further hearing on Feb 3, 2022.
Case title - Bhagwati Singh (Since Deceased) S/o (Late) Shri Raja Mansingh v. Raja Laxman Singh S/o (Late) Shri Raja Mansingh and connected matter