सं Samvidhan

The Constitution of India

Article 295

Succession to property, assets, rights, liabilities and obligations in other cases

Why this exists

After independence, hundreds of princely states acceded to or merged with India and were reorganized into 'Part B States' under the First Schedule. Someone had to legally inherit their treasuries, properties, contracts, and debts. Article 295 (along with Article 294 for former British India provinces) was the constitutional 'estate settlement' clause: it divided the old princely states' assets and liabilities between the new Union and State Governments based on which level of government would now handle the relevant subject matter, while respecting any specific merger agreements or covenants already signed.

Common misconceptions
  • Myth: Article 295 applies to all Indian states, including former British India provinces.
    Fact: It applies specifically to Part B States, which were former princely states; former British India provinces (Part A States) are covered separately under Article 294.
  • Myth: The Union automatically got all property of princely states.
    Fact: The Union only got property and liabilities tied to Union List subjects; everything else passed to the new State Governments, and any prior agreement between the Union and the State could override the default rule.