Q. Consider the following statements:
1. Rights over all lands and minerals within the territorial waters of India vests in the Union.
2. Only the Union government has the right over properties vested in the Dominion of India before the commencement of the Constitution.
3. A corresponding State can have claim over properties of rulers of princely states that are without heir.s
How many statements given above are correct?
Exp) Option b is the correct answer.
Statement 1 is correct. As per Article 297 of the Constitution, all lands, minerals and other things of value under the waters of the ocean within the territorial waters of India, the continental shelf of India and the exclusive economic zone of India vests only in the Union. Hence, a state near the ocean cannot claim jurisdiction over these things.
Statement 2 is incorrect. According to Article 294, all property and assets that were vested in the Dominion of India or a province or an Indian princely state, before the commencement of the present Constitution, became vested in the Union or the corresponding state (and not only the union government). The same provision applies to all rights, liabilities and obligations of the government of the dominion of India or a province or an Indian state.
Statement 3 is correct. The corresponding state will have claim over properties without rightful owner that would otherwise accrue to rulers of princely states. Thus, any property in India that would have accrued to King of England or ruler of Indian state (princely) by escheat (death of a person inte-state without any heir), lapse (termination of rights through disuse or failure to follow appropriate procedures) or bona vacantia (property found without any owner) for want of a rightful owner, would vest in the state if the property is situated there, and in the Union, in any other case (Article 296).