Suits and proceedings
Article 300 — Suits and proceedings
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 IV.—RIGHT TO PROPERTY
Plain English Summary
This article explains who can sue or be sued by the central government (Union of India) and state governments. It also sets a rule for how legal cases that were already ongoing before the Constitution came into effect are handled under the new system.
Key Points
- The Union of India can be sued or sue in the name of the Union of India.
- States can be sued or sue in the name of the respective State.
- The rules for suing and being sued in these matters are determined by laws made by Parliament or state legislatures.
- It deals with substituting the Dominion/Province/State in existing legal proceedings at the time the Constitution began.
Why It Matters
This article establishes the legal identity of the central and state governments in court, ensuring that legal actions against them are clearly defined under the new constitutional framework.
Landmark Judgements
No major landmark judgements.