ARTICLE 300 AND THE EXTENT OF THE IMMUNITY AND LIABILITY OF THE STATE IN THE LIGHT OF JUDICIAL DECISIONS

Resumen

This paper explores Article 300 of the Indian Constitution, which governs the legal liability of the Union and State governments in suits and proceedings. The paper traces back to its origins to Clause 214 of the Draft Constitution, rooted in Section 176 of the Government of India Act, 1935, the paper highlights how the Constituent Assembly shaped the legal identity of the State. It examines key judicial pronouncements and the judiciary’s interpretations that have clarified the juristic personality of the State and its limited immunity, especially concerning sovereign and non-sovereign functions. The evolution of the welfare state and pivotal judgments like Nagendra Rao have expanded state liability. Despite judicial advances, the absence of specific legislation remains a gap. The paper argues for the need for a comprehensive statute to clearly define the contours of state liability in a modern constitutional framework.