Consider the following statements:
1. Article 300 allows legal suits against State Governments.
2. The term 'Government of India' is a legal entity under Article 300.
Which of the above is/are correct?
Show answer & explanation
Correct answer: C
Explanation
The correct answer is Option 3 i.e. Both 1 and 2.
Legal Suits: Article 300 establishes the legal capacity of the government to sue or be sued. It confirms that a State Government can be sued in the name of the State (e.g., State of Maharashtra), mirroring the legal status held by the Secretary of State for India before the Constitution.
Legal Entity: The article specifies that the "Union of India" (often referred to as the Government of India in a functional sense) is a legal juristic entity that can initiate or defend legal proceedings.