Extent Of Government Liability In Torts Under Indian Law
- IJLLR Journal
- Feb 14
- 1 min read
Adv. Vinodini Priya S, Government Law College, Vellore. Tamil Nadu. (LLM - Constitutional Law & Administrative Law)
ABSTRACT
Government liability in torts concerns state responsibility for the wrongful acts of its officials.
This paper outlines:
The Introduction;
Core Subject Matter analysis with Indian Constitutional Statute & other Statutes, Torts Maxims/ Doctrines, & Judicial Precedents;
Comparative analysis of India vs. the US, UK, and EU countries; and
Concludes with the Need for Reforms & Suggestions.
A brief of the paper is outlined below:
Article 300 of the Indian Constitution permits the government to be sued, and statutes like the CPC and Motor Vehicles Act regulate liability.
Courts differentiate between sovereign (military, judicial) and non-sovereign (commercial, welfare) functions, imposing liability only in the latter. However, this distinction remains inconsistent. Principles like Respondeat Superior (vicarious liability) and Salus Populi Est Suprema Lex (public welfare) influence judicial reasoning.
Landmark rulings such as P&O Steam Navigation Co. (1861) and D.K. Basu (1997) have gradually reduced sovereign immunity, promoting greater state accountability. However, the absence of codified laws creates legal uncertainty.
Globally, frameworks like the UK’s Crown Proceedings Act and the US’s Federal Tort Claims Act offer structured liability. India must adopt similar reforms—establishing strict liability for administrative negligence, specialized tribunals, and compensation mechanisms. A Government Tort Liability Act can provide uniform standards, ensuring redress for police misconduct, wrongful detention, and negligence.
