Article 300 of Constitution of India – Suits and proceedings
Article 300 of Constitution of India deals with Suits and proceedings
Original Text of Article 300 of Constitution of India
(1) The Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or be sued by the name of the State and may, subject to any provisions which may be made by Act of Parliament or of the Legislature of such State enacted by virtue of powers conferred by this Constitution, sue or be sued in relation to their respective affairs in the like cases as the Dominion of India and The corresponding Provinces or the corresponding Indian States might have sued or been sued if this Constitution had not been enacted.
(2) If at the commencement of this Constitution—
(a) any legal proceedings are pending to which the Dominion of India is a party, the Union of India shall be deemed to be substituted for the Dominion in those proceedings; and
(b) any legal proceedings are pending to which a Province or an Indian State is a party, the corresponding State shall be deemed to be substituted for the Province or the Indian State in those proceedings.
Questions related to Article 300 of Constitution of India
Article 300 provides the right to sue or be sued in the name of the Union of India or the State, continuing the legal identity of the government from British India, as per the Constitution of India.
Yes, under Article 300, the Government of India or a State Government can be sued in the same manner as the Dominion of India or Provinces could before the commencement of the Indian Constitution.
Article 300 ensures that both Union and State governments are legally accountable for their actions and can be parties in civil or legal disputes, as explained in the Articles of Indian Constitution and Indian Kanoon.
No, it doesn’t grant blanket immunity. Governments can be held liable in court, but the conditions and procedures to sue them are subject to specific laws, as outlined in Indian Kanoon.
You can visit Indian Kanoon for detailed case laws and interpretations of Article 300, or refer to simplified notes on the Articles of Indian Constitution for UPSC preparation and conceptual clarity.
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