Article 295 of Indian Constitution: Succession to property, assets, rights, liabilities and obligations in other cases.
Article 295 – Constitution Of India
(1) As from the commencement of this Constitution— (a) all property and assets which immediately before such commencement were vested in any Indian State corresponding to a State specified in Part B of the First Schedule shall vest in the Union, if the purposes for which such property and assets were held immediately before such commencement will thereafter be purposes of the Union relating to any of the matters enumerated in the Union List, and (b) all rights, liabilities and obligations of the Government of any Indian State corresponding to a State specified in Part B of the First Schedule, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Government of India, if the purposes for which such rights were acquired or liabilities or obligations were incurred before such commencement will thereafter be purposes of the Government of India relating to any of the matters enumerated in the Union List, subject to any agreement entered into in that behalf by the Government of India with the Government of that State.
(2) Subject as aforesaid, the Government of each State specified in Part B of the First Schedule shall, as from the commencement of this Constitution, be the successor of the Government of the corresponding Indian State as regards all property and assets and all rights, liabilities and obligations, whether arising out of any contract or otherwise, other than those referred to in clause (1).
Summary of Article 295 of The Indian Constitution
Here’s the summary of Article 295 in a point-wise tabular format:
| Point | Description |
|---|---|
| (1) | – All property and assets of smaller Indian states in Part B of the First Schedule go to the Indian government if they were used for national purposes. Rights, liabilities, and obligations connected to national matters also become the Indian government’s responsibility, unless there’s an agreement with the smaller state’s government. |
| (2) | – Other than what’s mentioned in (1), the government of each smaller state in Part B of the First Schedule takes over all other property, assets, rights, liabilities, and obligations from the corresponding smaller state that existed before the Constitution came into effect. |
FAQ on Article 295 of The Indian Constitution
Here’s the FAQ on Article 295 :
What is Article 295 of the Indian Constitution?
Article 295 is a provision in the Indian Constitution that deals with the transfer of property, assets, rights, liabilities, and obligations when smaller Indian states become part of the Union.
When does Article 295 come into play?
Article 295 comes into effect from the commencement of the Indian Constitution.
What happens to property and assets under Article 295(1)?
Property and assets of smaller Indian states specified in Part B of the First Schedule become the responsibility of the Indian government if they are used for national purposes.
Are all aspects transferred under Article 295(1)?
No, only property, assets, rights, liabilities, and obligations related to national purposes are transferred under Article 295(1).
what does Article 295(2) deal with?
Article 295(2) states that, besides what’s mentioned in Article 295(1), the government of each smaller state in Part B of the First Schedule takes over all other property, assets, rights, liabilities, and obligations from the corresponding smaller state that existed before the Constitution came into effect.