Vicarious Liability of State

Abstract

This article deals with the Vicarious Liability of the State in Law of Torts. The word ‘administration’ is used here synonymously with ‘State’ or ‘Government’. How far the administration would be liable for the torts committed by its servants is an intricate problem especially in developing countries with ever widening State activities. The liability of the Government in tort is administered by the principles of public law inherited from British Common Law and the provisions of The Constitution of India, 1950. It notably focuses on the recognition of the liability in case of legal injury and providing damages to the individuals especially by the Judiciary. The scope of the article is very limited to assess the extent of tortious liability before the Constitution and the gradual changes in approach in post-Constitutional era. The hypothesis that is outlined is considered or not considered to be tortious liability that undergone major changes and the Court have explored new dimensions of liability to provide remedies and compensate victim of state action. The Article is all about the tortious liability of the State and it explains the Pre-Constitutional and Post-Constitutional judicial decisions along with the case laws and it also talks about the sovereign functions and non-sovereign functions before and after the enforcement Constitution. Finally, this article deals with the Doctrine of Public Accountability in the field of judicial and personal liability in comparison to both English and Indian Laws. It also deals with the statutes that are bound by the state, whereby it includes comparisons with the English and Indian Law.