Constitutional Liability of State under the Tort Law in India

Abstract

Since the advent of tort law, people gave much less emphasis on the liabilities of the state as it was the governing institution but gradually there were cases in which the state was sued. This led to the formation of Constitutional Tort Law which imposed a liability on the state for the wrongful acts of its servants giving the exception of it acting within its sovereign powers. This paper goes for understanding the complexities of vicarious liability within the ambit of the state. In the present Article the author explores about the conditions when due to the wrongs committed by the servants of the state, constitutional rights of a person are violated. How far can the state be accorded liability under the tort law? How has this concept grown over the past centuries?