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Balancing Immunity And Accountability: The Evolution Of Government Liability In Indian Administrative Law




Ayush Toshnival, Symbiosis Law School, Hyderabad, Symbiosis International University (Deemed University)

Dhruv Agarwal, Symbiosis Law School, Hyderabad, Symbiosis International University (Deemed University)


ABSTRACT


The project analyses the evolution of government liability in Indian administrative law which stresses on the balance between immunity and accountability. It shows how the idea of state immunity has been rebuild after Constitutional era by using judicial interpretation and constitutional principles. This study focuses on the difficulties faced due to absence of a defined statutory framework and reliance to define the scope of liability on the Courts. By tracking the historical developments and judicial evolution this project focuses on the significance of reforms which ensures that government liability is fair and it met the need of a modern democracy.


Keywords: Government Liability, Administrative Law, Sovereign Immunity, Accountability, Constitutional Principles, Judicial Interpretation.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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