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Article 300 of the Constitution declares that the Government of India or a State may be sued for the tortious acts of its servants. The ICSI material clarifies that the liability of the Centre or a State today is:
Answer & Solution
Correct answer: C.
1. Article 300 declares that the Government of India or a State may be sued for the tortious acts of its servants **in the same manner as the Dominion of India and the corresponding provinces could have sued or have been sued before the commencement of the Constitution**.
2. This rule is **subject to any law made by Parliament or the State Legislature under Article 300(1)**.
3. The ICSI text records that **'No law has so far been passed as contemplated by Article 300(1)'**, so the liability of the Centre or a State is **co-terminus with that of the Dominion of India or a Province before the Constitution came into force**.
4. The chain runs back further: under Section 32 of the Government of India Act, 1915, that was made co-extensive with the East India Company's, on the floor of Section 65 of the 1858 Act.
_Source: ICSI CS Executive — Lesson 5, 'Suit against State in Torts', p. 130._
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