Vicarious Liability of the State
TABLE OF CONTENTS I. Disclaimer II. Acknowledgments III. Table of Contents IV. Introduction V. Objective VI. Methodology VII. Case Study 1. Facts 2. Judgement * By the Trial Court * By the High Court * By the Supreme Court 3. Basis of Judgement 4. Case reference VIII. Sovereign Immunity 1. Journey of the Doctrine
1.1Pre Constitutional Era 1.2 Post Independence and Constitution of India IX. Sovereign Functions & Non-Sovereign Function X. Critically Analysis of the case 1. Vicarious liability 2. Negligence 3. Violation of Right to Property 4. Misappropriation 5. Case Reference XI. Conclusion…………………………………………………………………………..…….. XII. Bibliography……………………………………………………………………..….…….
Introduction
“Law is the great civilizing machinery. It liberates the desire to build and subdues the desire to destroy. And if war can tear us apart, Law can unite us – out of fear, or love or reason, or all three. Law is the greatest human invention. All the rest, give man mastery over his world. Law gives him mastery over himself”
Justice has been regarded as one of the greatest concerns of mankind on this planet. Edmund Burke said, that justice is itself the “great standing policy of civil society”. Scholars of political science and legal theory tell us, that the administration of justice is one of the primary objects for which society was formed. Our Constitution, in its very preamble, speaks of justice as one of the great values which its makers have cherished.
The Old and archaic concept of Sovereign immunity that “King can do no wrong” still haunts us, where the state claim immunity for its tortious acts and denies compensation to the aggrieved party.
The doctrine of sovereign immunity is based on the Common Law principle borrowed from the British Jurisprudence that the King commits no wrong and that he cannot be guilty of personal negligence or
1.1Pre Constitutional Era 1.2 Post Independence and Constitution of India IX. Sovereign Functions & Non-Sovereign Function X. Critically Analysis of the case 1. Vicarious liability 2. Negligence 3. Violation of Right to Property 4. Misappropriation 5. Case Reference XI. Conclusion…………………………………………………………………………..…….. XII. Bibliography……………………………………………………………………..….…….
Introduction
“Law is the great civilizing machinery. It liberates the desire to build and subdues the desire to destroy. And if war can tear us apart, Law can unite us – out of fear, or love or reason, or all three. Law is the greatest human invention. All the rest, give man mastery over his world. Law gives him mastery over himself”
Justice has been regarded as one of the greatest concerns of mankind on this planet. Edmund Burke said, that justice is itself the “great standing policy of civil society”. Scholars of political science and legal theory tell us, that the administration of justice is one of the primary objects for which society was formed. Our Constitution, in its very preamble, speaks of justice as one of the great values which its makers have cherished.
The Old and archaic concept of Sovereign immunity that “King can do no wrong” still haunts us, where the state claim immunity for its tortious acts and denies compensation to the aggrieved party.
The doctrine of sovereign immunity is based on the Common Law principle borrowed from the British Jurisprudence that the King commits no wrong and that he cannot be guilty of personal negligence or
Citations: 1965 AIR 1039, 1965 SCR (1) 375 * Bench: It was the bench of five Judges of Supreme Court (including the Chief Justice of India)