Constitution of India · Part XII: Finance, Property, Contracts and Suits · Obligations and suits
Article 295: Succession to property, assets, rights, liabilities and obligations in other cases
In plain words
When the Constitution began, property, assets, rights and liabilities of the former Indian States corresponding to Part B States passed to the Union where they were held for Union List purposes, subject to agreements. The rest passed to the Government of the corresponding Part B State.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(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).
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the article 295
- Union of India & Anr. v. S. Narasimhulu Naidu (Dead) Through Lrs. and Ors.
- Sri Marthanda Varma (D) Thr. Lrs. & Anr. v. State of Kerala & Ors.
- State of Karnataka by Its Chief Secretary v. State of T. N. by Its Chief Secretary [Dipak Misra, Cji] 829 the State of Karnataka by Its Chief Secretarystate of Tamil Nadu by Its Chief Secretary & Ors.
- T.N. Godavarman Thirumulpad v. Union of India and Ors.
- H. H. Maharajadhiraja Madhav Rao Jiwaji Rao Scindia Bahadur & Ors. v. Union of India
- Firm Bansidhar Premsukhdas v. State of Rajasthan
- Union of India and Others v. Gwalior Rayon Silk Manufacturing (Weaving) Co. Ltd. and Another
- State of Rajasthan v. Shyam Lal
- The South India Corporation(P) Ltd. v. The Secretary, Board of Revenue, Trivandrum & Anr.
- Maharaja Shree Umaid Mills Ltd. v. Union of India
- Union of India and Others v. Maharaja Krishnagarh Mills Ltd. (In Liquidation) .
- A.N. Lakshmana Shenoy v. The Income Tax Officer, Ernakulam & Another
- The Income-Tax Officer, Bangalore v. K. N. Guruswamy