Article 295 of the Costitution of India with Case law
Here is a detailed explanation of Article 295 of the Constitution of India, including its text, meaning, and relevant case law:
🧾 Article 295 – Succession to property, assets, rights, liabilities and obligations in other cases
🔹 Text of Article 295:
(1) As from the commencement of this Constitution—
(a) all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of the Dominion of India and all property and assets which immediately before such commencement were vested in the Government of any Governor's Province or any Indian State for purposes of the government thereof, shall vest respectively in the Union and the corresponding State;
(b) all rights, liabilities and obligations of the Government of the Dominion of India and of the Government of each Governor’s Province or Indian State shall respectively become the rights, liabilities and obligations of the Government of India and the Government of each corresponding State;
(2) Any property which, immediately before the commencement of this Constitution, was liable to escheat or to lapse to His Majesty for any purpose shall, if it would have so escheated or lapsed to the Dominion of India or to the Government of a Province or an Indian State but for the provisions of this Constitution, vest in the Union or the State, as the case may be.
📌 Explanation of Article 295
| Feature | Description |
|---|---|
| Purpose | Deals with transfer of property, assets, rights, and liabilities from pre-Constitutional authorities (British rule) to the Union and States of independent India. |
| Historical Transition | Ensures legal continuity by transferring ownership and obligations from the British Crown and princely states to the Government of India and State governments. |
| Scope | Applies to all properties, assets, liabilities, and obligations not covered under Article 294. |
🔁 Related Articles for Context
| Article | Subject |
|---|---|
| Article 294 | Succession to property and assets for Union and States |
| Article 295 | Covers residual transfer of property, rights, and liabilities |
| Article 296 | Property that escheats (has no legal heir) or lapses |
⚖️ Important Case Law on Article 295
1. State of Rajasthan v. Rao Narendra Singh, AIR 1964 SC 1365
Facts: Related to succession of property of a former princely state.
Held: The property that vested in the princely state became the property of the State Government under Article 295.
Importance: Clarified how princely state properties transferred to states post-independence.
2. State of Gujarat v. Shantilal Mangaldas, AIR 1969 SC 634
Issue: Whether compensation was due for property taken over by the State under constitutional provisions.
Held: Article 295 validated the vesting of properties and continued obligations from pre-Constitution times.
Significance: Supported the continuity of property rights and obligations post-independence.
3. State of Punjab v. Balbir Singh, AIR 1977 SC 1717
Context: Dealt with liability of the post-independence state for acts committed by pre-Constitution administration.
Held: The State inherited not just property but also liabilities, as per Article 295(1)(b).
4. State of Andhra Pradesh v. D. Raghukul Pershad, AIR 1969 SC 1316
Issue: Regarding property that belonged to a princely state (Hyderabad).
Held: Under Article 295, Hyderabad State’s assets vested in the new State of Andhra Pradesh.
Importance: Reaffirmed principles of Article 295 in reorganization of states.
✅ Summary Table
| Feature | Detail |
|---|---|
| Article | 295 |
| Deals with | Succession to property, assets, rights, and liabilities from British Crown/Princely States to Union and States |
| Key Concepts | Legal and administrative continuity after independence |
| Applies to | Properties and obligations not covered in Article 294 |
| Key Cases | Rao Narendra Singh, Shantilal Mangaldas, Balbir Singh, Raghukul Pershad |
🔍 Key Takeaway
Article 295 ensures that India’s Union and State governments inherited all legal, financial, and administrative responsibilities from their colonial predecessors. This was crucial to avoid legal voids and ensure smooth governance transition after independence.
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