Sovereign V. Non-Sovereign Functions Of The State - A Legal Analysis With Case Laws
- IJLLR Journal
- 6 minutes ago
- 1 min read
Parag Sharad Chaudhari, LLB, ILS Law College, Pune
Gunvanti Prakash Deore, LLB, ILS Law College, Pune
ABSTRACT
The doctrine of sovereign immunity, deeply rooted in the archaic notion that ‘The King can do no wrong,’ has profoundly influenced the landscape of state liability in India. This paper critically examines the historical evolution and contemporary relevance of distinguishing between sovereign and non- sovereign functions of the state under Article 300 of the Indian Constitution. Through an in-depth analysis of landmark judicial pronouncements, from the P. & O. Steam Navigation Company case in the pre-independence era to pivotal Supreme Court decisions, it explores how Indian courts have progressively narrowed the scope of sovereign immunity. The study highlights the judiciary’s proactive role in expanding state accountability, particularly in instances involving tortious acts by state servants and egregious infringements of fundamental rights guaranteed by the Constitution. This research also provides a comparative analysis of India’s evolving position with the approaches adopted by the United Kingdom, the United States, and France, underscoring a broader international move towards greater governmental accountability. The paper advocates for comprehensive legislation to address the existing ambiguities and ensure a more equitable and modern framework for state liability in a welfare state.
Keywords: Sovereign Immunity, State Liability, Article 300, Tortious Liability of State, Sovereign & Non-sovereign functions.
