HC rules in favour of the Prince of Arcot

The Madras High Court on Friday upheld the validity of decisions taken by the Centre as well as State government to permit the use of the title ‘Prince of Arcot’ by Nawab Mohammed Abdul Ali besides maintaining his palatial residence the Amir Mahal through Central Public Works Department (CPWD).

Justices M. Sathyanarayanan and N. Seshasayee dismissed a case filed against him by S. Kumarvelu who claimed to be a social activist. The judges ruled that there was absolutely no prohibition in law for Mr. Ali to use the title, get his residence maintained by CPWD or receive political pension of ₹1.5 lakh per annum.

They recorded the submission of senior counsel Satish Parasaran that Mr. Ali was the descendant of the Nawabs of the Carnatic who ruled the Carnatic kingdom in the 18th and early 19th centuries. In 1801, the then British Indian government took over the entire civil, military and revenue administration of the Carnatic territory.

Such take over left the Nawab of Carnatic as a titular head without any territory to rule. In 1870, Prince Azim Jab was granted the right to use the title ‘Prince of Arcot’ in perpetuity. Such right was conferred through the Letters Patent/Charter of Queen Victoria issued on August 2, 1870 and it continued to be in force.

Subsequently, the Centre too had recognised the right of Mr. Ali to use the honorary title through a Government Order issued on July 1, 1994 and it was also published in the State government gazette. In so far as Amir Mahal was concerned, the court was told that the Centre had taken over the palace after Independence.

Since it was a heritage building, the CPWD continued to maintain the structure though Mr. Ali had been given the right to occupy it. After recording the submissions, the Division Bench said, Article 363A (abolishment of privy purses and ceasure of recognition granted to rulers of Indian States) of the Constitution would not have any application at all in the present case.