RIGHTS AND LIABILITIES OF THE GOVERNMENT

Polity

INTRODUCTION

• Articles 294 to 300 in Part XII of the Constitution deal with the property, rights, liabilities, contractual obligations, and legal status of the Union and State Governments.  
• These provisions ensure continuity of administration, define ownership of state property, regulate compulsory acquisition, and outline when and how governments can be sued.  
• Understanding these provisions is important for Polity, Governance, Administration, and Public Law.

PROPERTY OF THE UNION AND STATES (ARTICLES 294–295)

1. Succession of Property  
• After independence and reorganisation, property, assets, rights, and liabilities of the erstwhile British Government vested either in the Union or in the corresponding State.  
• Ensures continuity of administration and ownership.

2. Escheat, Lapse & Bona Vacantia  
• Escheat: If a person dies without legal heirs, his property goes to the State.  
• Lapse: Property belonging to extinct corporations lapses to the State.  
• Bona Vacantia: Ownerless property vests in the State.  
• Rule: If the property is located in a State → It vests in that State; otherwise → It vests in the Union.

SEA WEALTH AND MARITIME JURISDICTION

• India’s territorial waters extend up to 12 nautical miles from the baseline.  
• Exclusive Economic Zone (EEZ) extends up to 200 nautical miles.  
• Within EEZ, India has special rights regarding exploration and use of marine resources (oil, gas, minerals, fisheries).  
• These rights vest in the Union, not the States.

COMPULSORY ACQUISITION BY LAW (ARTICLE 300A)

• Parliament and State Legislatures can make laws for compulsory acquisition and requisition of private property.  
• The Right to Property is NOT a fundamental right now; it is a constitutional legal right under Article 300A.  
• Key requirement: Property can be acquired only by authority of law (not by executive order).

ACQUISITION UNDER EXECUTIVE POWER

• The Union or a State can acquire, hold and dispose of property.  
• They can also conduct trade or business under their executive power (subject to other constitutional provisions).

SUITS BY OR AGAINST THE GOVERNMENT (ARTICLE 300)

• Union of India and States are legal entities—capable of suing and being sued.  
• Government liability resembles that of the Dominion of India/Provinces before the Constitution.

LIABILITY IN CONTRACT

• Contracts are made in the name of the President (Union) or Governor (State).  
• Neither the President nor Governor is personally liable.  
• Officers executing the contract are also not personally liable.  
• The Government is legally bound if:
  – The contract is expressed in writing  
  – Made in the name of President/Governor  
  – Executed by authorised persons  

LIABILITY IN TORTS (CIVIL WRONGS)

• The Union or States can be sued for torts committed by their employees.  
• BUT distinction exists between:
  – Sovereign functions (immune)  
  – Non-sovereign functions (liable)

Examples of Sovereign Functions (Government not liable):
• Administration of justice  
• Maintaining armed forces  
• Road construction for military purpose  
• Commandeering goods during war  

Examples of Non-Sovereign Functions (Government liable):
• Commercial activities  
• Transport services  
• Maintenance of public parks and buildings  

IMMUNITIES OF PRESIDENT & GOVERNOR (ARTICLE 361)

1. Official Acts  
• Complete immunity during and after office for acts done in discharge of official duties.  
• Their official conduct can only be examined for impeachment.

2. Personal Acts  
• No criminal proceedings can be initiated against them during their term.  
• They cannot be arrested or imprisoned during tenure.  
• Civil proceedings can be initiated WITH:
  – Two months' prior notice  
  – Only for actions taken in personal capacity

IMMUNITY OF MINISTERS

• Ministers enjoy no constitutional immunity for official acts.  
• However, they are protected because:
  – Courts cannot question advice tendered to the President/Governor.  
• For personal wrongs, ministers can be prosecuted like any ordinary citizen.  
• They do not countersign President’s or Governor’s acts (unlike Britain).

IMMUNITY OF JUDICIAL OFFICERS

• Judges, magistrates, and officials acting judicially enjoy immunity for official acts.  
• They cannot be sued in civil courts for actions done in judicial capacity.  
• This protects judicial independence.

LIABILITY OF CIVIL SERVANTS

1. Contractual Liability  
• Civil servants are personally immune for official contracts; government is liable.

2. Liability for Torts  
• Civil servants enjoy immunity for acts connected with sovereign functions.  
• For non-sovereign functions, they are liable like ordinary citizens.

3. Legal Proceedings  
• Civil proceedings: Allowed with two months’ notice.  
• Criminal proceedings: Require prior sanction of President (for Union officials) or Governor (for State officials).

KEY PRINCIPLES EMERGING FROM THESE PROVISIONS

• Government is not above the law.  
• For sovereign acts → immunity.  
• For non-sovereign acts → liability.  
• Ensures rule of law while protecting essential state functions.  
• Provides balance between administrative efficiency and individual rights.

PRACTICAL SIGNIFICANCE FOR GOVERNANCE

• Ensures accountability of government machinery.  
• Prevents misuse of sovereign immunity.  
• Facilitates smooth functioning of trade and commercial activities involving government.  
• Protects civil servants from frivolous litigation so they can perform official duties.

CONCLUSION

The rights and liabilities of the government under Articles 294–300 establish a comprehensive legal framework balancing governmental authority with citizen rights. While sovereign functions are protected, the government remains accountable for civil wrongs in non-sovereign domains. These provisions uphold the rule of law, ensure continuity of state, and protect public administration from undue litigation—an essential component for a functioning democracy.

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Subject: Polity

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