Article 300 of CoI : Article 300: Suits and proceedings.

Explanation using Example

Example 1:

Scenario: A construction company enters into a contract with the Government of Maharashtra to build a highway. However, due to delays in payment from the government, the construction company decides to sue for breach of contract.

Application of Article 300:

• The construction company can file a lawsuit against the Government of Maharashtra by naming it as the defendant in the case.
• The lawsuit will be titled "Construction Company vs. State of Maharashtra."
• The case will proceed in the same manner as it would have if the Constitution of India had not been enacted, following the legal procedures and rights that were in place before the Constitution.

Example 2:

Scenario: A farmer in Punjab has a dispute with the state government over the acquisition of his land for a public project. The farmer believes the compensation offered is inadequate and decides to take legal action.

Application of Article 300:

• The farmer can sue the Government of Punjab by naming it as the defendant in the lawsuit.
• The lawsuit will be titled "Farmer vs. State of Punjab."
• The legal proceedings will follow the same rules and procedures that were applicable before the Constitution of India was enacted, ensuring that the farmer's rights are protected under the law.

Example 3:

Scenario: A software company had a contract with the Dominion of India before the Constitution of India was enacted. The company had delivered the software, but payment was still pending when the Constitution came into effect.

Application of Article 300:

• Since the legal proceedings were pending at the commencement of the Constitution, the Union of India will be substituted for the Dominion of India in the lawsuit.
• The lawsuit will now be titled "Software Company vs. Union of India."
• The case will continue as if the Union of India was the original party to the contract, ensuring continuity and legal clarity.

Example 4:

Scenario: A citizen of Tamil Nadu files a lawsuit against the state government for damages caused by a government project that affected his property. The case was initially filed when Tamil Nadu was a province before the Constitution was enacted.

Application of Article 300:

• Since the legal proceedings were pending at the commencement of the Constitution, the State of Tamil Nadu will be substituted for the Province of Tamil Nadu in the lawsuit.
• The lawsuit will now be titled "Citizen vs. State of Tamil Nadu."
• The case will proceed as if the State of Tamil Nadu was the original party, ensuring that the citizen's legal rights are maintained.

Example 5:

Scenario: A public interest litigation is filed against the Union of India for failing to implement environmental regulations that were in place before the Constitution was enacted.

Application of Article 300:

• The lawsuit can be filed against the Union of India by naming it as the defendant.
• The lawsuit will be titled "Public Interest Group vs. Union of India."
• The case will proceed under the same legal framework that existed before the Constitution, ensuring that the government's responsibilities and the public's rights are upheld.