Monday, 18 July 2022

Liability of administration in tort

 Liability of administration in tort

The Constitution requires that all governmental activities and their instruments be aimed toward the Constitution's goals. Every step taken by the government should be in the direction of fair conventions, social and financial advancement, and open welfare. As a result, sovereign invulnerability as a defence should not be available where the state is involved in commerce or private activity, nor should it be available where its officials have interfered with the life and liberty of a lawless citizen. The doctrine of sovereign invulnerability has limited value in today's context, when the concept of sovereignty has undergone a drastic transformation.

Article 21 of the Indian Constitution prohibits a state from depriving a person of life or liberty unless it follows a legal process. It encompasses all aspects of life that make life meaningful, complete, and living, as well as culture, tradition, heritage, and personal liberty. Constitutional rules, which include mandates on public policy concepts, impose a moral obligation on the government to improve the quality of human life and dignity. The Constitution ensures that constitutional rights are protected and enforced. 

Articles 32 and 226 have not only rendered sovereign immunity completely ineffective, but have also rendered it null and void because it conflicts with constitutionally granted freedoms. The right to pay monetary compensation for violations of the law is justified as a result of the complete loss of governmental immunity in relation to constitutional rights, particularly Article 21. The Union and State governments should be held liable for tortious acts performed by their employees in the course of their employment that violate Article 21.

n Nilabati Behera v. State of Orissa, the Court established the standards governing the State's obligation for payment of compensation, as well as the distinction between responsibility and substantive culpability for the payment of compensation for the tort committed. If no other remedy is available, the Court will award monetary compensation for violations of constitutional rights by the State or its workers, based on the principle of strict liability. As a result, every government operation has a public dimension to it, and as a result, public interest must be fairly informed and motivated.


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