Rights and Liabilities of the Government
| Art 294-300 | Part XII of the Constitution |
| Property of the Union & states | 1. Succession – All the property assets (Dominion of British India + princely state)
o All rights, liabilities and obligations. o Part of the Union its Rts liability obligation.
2. Escheat, Lapse and Bona Vacantia – state. o Compulsory acquisition can be done o Suits by or against the state o Can be, for GOI – union of India. o For s (Government) – Respective state. o Govt can acquire/hold/dispose/Contract only if three condition
2. Sea Wealth o 12 nautical miles – territorial water boundary, all land, mineral, other valuable area of the union – upto Exclusive zone (200 nautical miles).
3. Compulsory Acquisition by Law o 44th CAA – abolished the constitutional obligation to pay compensation except a. when government acquires a property of a minority educational institution b. when government acquires land held by a person under his personal cultivation
4. Acquisition under Executive Power o Union or state can acquire, hold and dispose properly under the exercise of its executive power. Conditions – 1. Must be expressed to be made by governor or POI. 2. On the behalf of POI or governor. 3. Such person or in such manner as POI & governor may direct or abuse. |
| Official Act | Cannot be sued during their term of office. |
| Ministers | Const. does not grant any immunity for their official Act. |
| Judicial officer | Immunity cannot be sued for their any action in performing duty. |
| Civil servants | Immunity for legal liability, civil proceeding after giving 2 month notice. |
| Escheat | Death of a person inter-state without any heir. |
| Lapse | Termination of rights through disuse or failure to follow |
| Bona Vacantia | Property found without any owner) for want of a rightful owner |
Get all essential Crux notes by clicking here https://diademy.com/product/staticcrux/