Article 294 of CoI : Article 294: Succession to property, assets, rights, liabilities and obligations in certain cases.
CoI
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Explanation using Example
Example 1:
Scenario: Transfer of Government Buildings
Context: Before the commencement of the Constitution of India, a government building in Delhi was owned by His Majesty for the purposes of the Government of the Dominion of India.
Application of Article 294:
- After the commencement of the Constitution, this building automatically becomes the property of the Union Government of India.
- The Union Government now has all the rights to use, manage, and maintain this building.
Explanation: This example illustrates how government properties that were under British rule transitioned to the Indian government after the Constitution came into effect.
Example 2:
Scenario: Settlement of Government Contracts
Context: Before the commencement of the Constitution, the Government of the Dominion of India had entered into a contract with a private company for the supply of railway equipment.
Application of Article 294:
- After the commencement of the Constitution, the rights and obligations under this contract are transferred to the Government of India.
- The Government of India is now responsible for fulfilling the contract terms, including payment and receipt of goods.
Explanation: This example shows how existing contracts and obligations of the British government were transferred to the Indian government, ensuring continuity and honoring of agreements.
Example 3:
Scenario: Liability for Government Loans
Context: Before the commencement of the Constitution, the Government of the Dominion of India had taken a loan from a foreign bank for infrastructure development.
Application of Article 294:
- After the commencement of the Constitution, the liability to repay this loan is transferred to the Government of India.
- The Government of India is now responsible for making repayments according to the loan agreement.
Explanation: This example demonstrates how financial liabilities of the British government were assumed by the Indian government, ensuring that debts were honored and repaid.
Example 4:
Scenario: Transfer of Provincial Assets
Context: Before the commencement of the Constitution, a piece of agricultural land in Punjab was owned by His Majesty for the purposes of the Government of the Governor's Province of Punjab.
Application of Article 294:
- After the commencement of the Constitution, this land becomes the property of the State Government of Punjab.
- The State Government of Punjab now has all the rights to use, manage, and maintain this land.
Explanation: This example illustrates how properties owned by provincial governments under British rule were transferred to the respective state governments in India after the Constitution came into effect.