State of Kerala Vs The General Manager - Impleadment of the State as a party

In the case of The State of Kerala V. The General Manager, Southern Railway, Madras AIR 1976 SC 2538, the Supreme Court explained the purpose of requiring the impleadment of the State as a party, as follows:

“According to Section 79 of the CPC, in a suit by or against the Government, the authority to be named as plaintiff or defendant, as the case may be, shall be

(a) in the case of a suit by or against the Central Government, the Union of India, and

(b) in the case of a suit by or against a State Government, the State. This section is in accordance with Article 300 of the Constitution, according to which the Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or be sued by the name of the State. It is not disputed that Southern Railway is owned by the Union of India. As such, a suit dealing with the alleged liability of that railway should have been brought against the Union of India.”