Article 295 of Constitution of India – Succession to property, assets, rights, liabilities and obligations in other cases
Article 295 of Constitution of India deals with Succession to property, assets, rights, liabilities and obligations in other cases
Original Text of Article 295 of Constitution of India
(1) As from the commencement of this Constitution—
(a) all property and assets which immediately before such commencement were vested in any Indian State corresponding to a State specified in Part B of the First Schedule shall vest in the Union, if the purposes for which such property and assets were held immediately before such commencement will thereafter be purposes of the Union relating to any of the matters enumerated in the Union List, and
(b) all rights, liabilities and obligations of the Government of any Indian State corresponding to a State specified in Part B of the First schedule, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Government of India, if the purposes for which such rights were acquired or liabilities or obligations were incurred before such commencement will thereafter be purposes of the Government of India relating to any of the matters enumerated in the Union List, subject to any agreement entered into in that behalf by the Government of India with the Government of that State.
(2) Subject as aforesaid, the Government of each State specified in Part B of the First Schedule shall, as from the commencement of this Constitution, be the successor of the Government of the corresponding Indian State as regards all property and assets and all rights, liabilities and obligations, whether arising out of any contract or otherwise, other than those referred to in clause (1).
Questions related to Article 295 of Constitution of India
Article 295 deals with the succession of property, assets, rights, and liabilities from the provinces of British India to the State Governments after the commencement of the Constitution of India.
While Article 294 focuses on the transfer of property and liabilities from the British Government to the Union and States, Article 295 specifically handles transfers from the former provinces to present-day State Governments, as explained in the Articles of Indian Constitution.
Clause (1)(b) ensures that any rights, liabilities, and obligations related to contracts or legal proceedings of the provinces are inherited by the respective State Governments, as detailed under Indian Kanoon.
It ensured legal continuity and clarity regarding ownership, contracts, and liabilities post-independence, helping build a stable administrative framework under the Constitution of India.
You can refer to Indian Kanoon for case laws and interpretations, or study UPSC-focused summaries and explanations on the Articles of Indian Constitution for conceptual clarity.
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