State Liability In Tort And Sovereign Immunity In India: From Judicial Doctrine To Contemporary Challenges
Atulya Aadarsh, NALSAR University of Law, Hyderabad
ABSTRACT
This paper examines the law of State liability in tort under Article 300 of the Constitution of India. It focuses on sovereign immunity and State accountability. The paper first explains the historical and constitutional foundations of State liability. It then examines its development through cases such as Vidyawati, Kasturi Lal and N. Nagendra Rao. It also studies constitutional tort through cases such as Rudul Sah, Saheli and Nilabati Behera.
The paper then applies these principles to three different contemporary situations. The Jantar Mantar/NEET protests examine direct State action, particularly the alleged use of excessive police force. The RCB victory celebration stampede examines State responsibility for regulatory and public-safety failures involving a private event. The PPP section examines delegation of a non-sovereign public function to a private entity and whether such delegation affects State liability.
The paper finally checks whether the existing framework is coherent and whether a comprehensive State Liability Act is needed. It finds that judicial decisions have significantly narrowed sovereign immunity, but important questions about the scope of liability, compensation and delegated functions remain. The paper therefore examines whether legislation can provide greater clarity while preserving necessary protection for core sovereign functions.
