Article 300 of Indian Constitution: Suits and proceedings meaning
Article 300 Suits and proceedings meaning – 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.
CHAPTER 4 RIGHT TO PROPERTY
No person shall be deprived of his property save by authority of law.
What is Article 300 of Indian Constitution
Article 300 of the Indian Constitution deals with “Suits and proceedings.” It outlines the legal framework for the initiation of legal actions, including suits and proceedings, against the Government of India and the Government of a State in India. Here are the key points covered in Article 300:
- Jurisdiction: Article 300 specifies that the Government of India and the Government of a State shall have the authority to sue and be sued in relation to their rights and liabilities.
- Limitation: This article provides the legal basis for individuals and entities to initiate legal actions, including filing suits and proceedings, against the government(s) in matters related to contractual obligations, property disputes, and other legal matters.
- Rights and Liabilities: It establishes that the government, like any other legal entity, has rights and liabilities, and it can be held legally accountable in appropriate legal proceedings.
Article 300 of the Indian Constitution ensures that the government is subject to the rule of law and can be involved in legal proceedings to resolve disputes or address claims related to its rights and liabilities. It reinforces the principle that no one, including the government, is above the law.
Constitution Of India Part 12 Finance, Property, Contracts And Suits – Articles 264 to 300