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.
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|
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