Misfeasance In Public Office: An Indian Perspective

Abstract

Although misfeasance in public office is a recognized tort in Indian law, the remedies available both in public and private law have their own shortcomings. The choice litigants are required to make in most cases is between a quick and efficacious remedy available in writ proceedings or prosecution of a claim for damages before a civil court. These remedies are not exclusive but not all parties have the wherewithal to pursue their remedy in private law or better still pursue both remedies. Keeping this in mind the Supreme Court of India has rightly adopted a liberal approach in granting compensation for commission of this tort in cases of egregious violations of fundamental rights. However, the lack of a quick and efficacious remedy in private law may have emboldened the State and its officers to take actions or make omissions without impunity.