Vande Matram!
300. Suits and proceedings
(1) The Governor of India may sue or
be sued by the name of the Union and the Government of a State may sue or be
sued by the name of the State and may, subject to any provisions which may be
made by Act of Parliament or of the Legislature of such State enacted by virtue
of powers conferred by this Constitution, sue or 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 this Constitution had not been enacted
(2) If at the commencement of this
Constitution
(a) any legal proceedings are pending
to which the Dominion of India is a party, the Union of India shall be deemed
to be substituted for the Dominion in those proceedings; and
(b) any legal proceedings are
pending to which a Province or an Indian State is a party, the corresponding
State shall be deemed to be substituted for the Province or the Indian State in
those proceedings
As per the 1st report of the Law Commission of India on 'Liability of State in tort', the liability of the Union and States to be sued is regulated by Article 300 of the Constitution of India.
References:
1) 1st report of the Law Commission of India on 'Liability of State in tort'
2) Constitution of India, 1949
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