State Liability is a crucial constitutional tort domain governing when the government can be sued for the negligent acts of public servants.
1. Sovereign Immunity & Article 300
Derived from the English maxim: "The King can do no wrong." Under Article 300 of the Indian Constitution, the government's liability is tested based on pre-constitutional provinces:
- Sovereign Functions: Acts of state authority (defense, police powers, tax collection) for which the state holds immunity and cannot be sued.
- Non-Sovereign Functions: Commercial or welfare activities for which the state can be sued vicariously.
2. Key Judicial Milestones
📜 State of Rajasthan v. Vidyawati (1962): A government driver ran over a pedestrian while driving a collector's jeep back from repair. The Supreme Court held the state liable, ruling that maintaining a jeep for repairs is a non-sovereign function.
📜 Kasturilal Ralia Ram Jain v. State of U.P. (1965): Police seized gold from a merchant under suspicion, which was subsequently stolen by a police officer. The SC ruled the state was immune, as the seizure was a sovereign police function.
📜 Kasturilal Ralia Ram Jain v. State of U.P. (1965): Police seized gold from a merchant under suspicion, which was subsequently stolen by a police officer. The SC ruled the state was immune, as the seizure was a sovereign police function.
Modern Trend: Courts bypass the Kasturilal sovereign immunity defense in cases of police brutality and custodial death, awarding exemplary constitutional damages under Articles 32 and 226 for violations of Article 21.