Can the government sue or be sued?

Article 300 lays down that the Government of India, or of the State, ay sue or be sued by the name of the Union of India or of the State respectively. The Centre or a State can thus be sued as a juristic personality.

As regards the extent of government liability, the Article declares that the Government of India, or of a State, may be sued “in relation to their respective affairs in the like cases as the Dominion of India and the corresponding Provinces, or the corresponding Indian States might have sued or been sued”, if the Constitution had not been enacted. This, however, is subject to any law made by Parliament or a State Legislature.

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