State PCS
Article 300 of the Constitution, which provides that the Government of India may sue or be sued by the name of the Union of India, deals with:
Answer (Detailed Solution Below)View answer ▾Hide ▴
Answer: Option B — Suits and proceedings
Detailed Solution
Article 300 deals with suits and proceedings by and against the government.
What Article 300 provides:
- The Government of India may sue or be sued by the name of the Union of India.
- The government of a State may sue or be sued by the name of the State.
They may sue or be sued in relation to their respective affairs in the same cases as the Dominion of India and the provinces could have done before the Constitution, subject to any law made by Parliament or the state legislature.
Liability of the State for wrongful acts (torts):
- The extent of the government's liability for the wrongful acts of its servants is decided by the courts, as Parliament has not made a comprehensive law on the subject.
- The courts have distinguished between "sovereign functions" (such as defence, maintenance of law and order) and "non-sovereign functions" (such as commercial activities).
- In the Kasturilal case (1965), the Supreme Court held that the state was not liable for the negligence of the police in the exercise of a sovereign function.
- In later cases, the Supreme Court awarded compensation for the violation of Fundamental Rights by the state.
Related provisions in Part XII:
- Article 298: The executive power of the Union and the States extends to carrying on trade or business, acquiring and holding property, and making contracts.
- Article 299: Contracts made in the exercise of the executive power shall be expressed to be made by the President or the Governor, and executed on his or her behalf.
- Article 300A: No person shall be deprived of his or her property save by authority of law.
Immunity of the President and Governors:
The President and the Governors themselves enjoy personal immunity from legal proceedings, under a separate Article.
Why not the other options?
- ✗The right to property is dealt with by Article 300A; borrowing by the Government of India by Article 292; contracts of the government by Article 299.
Quick tip
Remember: Article 300 = suits and proceedings (Government of India sues and is sued as the "Union of India"); Article 299 = government contracts; Article 300A = right to property.
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Important Articles & Schedules — Preparation
This question tests your understanding of Important Articles & Schedules, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
This topic covers the important articles of the Constitution that exams test most often, the parts of the Constitution, and the twelve schedules, such as the Seventh Schedule (Union, State and Concurrent Lists), the Eighth Schedule (languages) and the Tenth Schedule (anti-defection law). Questions directly ask which article or schedule deals with a subject, so make a table and revise it often. High-frequency examples include Article 112 (annual financial statement), Article 280 (Finance Commission), Article 324 (Election Commission) and Article 368 (amendment procedure). Remember that the Ninth Schedule was added by the 1st Amendment in 1951. Practise the important articles and schedules questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.