Critical Analysis of State Liability apropos Sovereign and Non-Sovereign Functions
A tort is a breach of duty amounting to a civil wrong. It arises from a person's obligation to others constituted by the law. The Constitution of India lays down that the State can sue or be sued. The Vicarious liability concept is derived from the law of torts. The concept of State liability provides relief to the citizen aggrieved in the State performing its functions. There was no concept of State liability in India before the Pre-British Era. The concept of State liability has evolved with the broadening of State functions. The research paper provides an insight on the basics of the Law of Torts and the State's Liability. The paper also brings to light the differences pertaining to the Sovereign and non-sovereign functions of the State, the evolution of State's Liability in India, and the Liability of State in other countries.
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