UGC Approved Journal no 63975(19)

ISSN: 2349-5162 | ESTD Year : 2014
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Published in:

Volume 6 Issue 4
April-2019
eISSN: 2349-5162

UGC and ISSN approved 7.95 impact factor UGC Approved Journal no 63975

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Published Paper ID:
JETIR1904249


Registration ID:
203684

Page Number

336-341

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Title

TORTIOUS LIABILITY OF STATE IN INDIA

Authors

Abstract

The paper talks about the liability of the state in tort under administrative law. he term Administration‟ is used here synonymously with „state‟ or „Government‟. To what extend the Administration would be liable for the torts committed by its servants is a complex problem especially in developing countries with ever widening State activities. The liability of the government in tort is governed by the principles of public law inherited from British Common law and the provisions of the Constitution. It mainly focuses on the recognition of the liability and providing compensation to the citizens especially by the judiciary in the event of legal injury. The scope of the paper is limited to assessing the extent of tortious liability before the Constitution and the gradual changes in judicial approach in post Constitutional era. The Hypothesis mentioned is the liability of the state is considered or not considered to be a tortious liability that undergoes major changes and new dimensions of liability have been explored by the courts to afford remedies and compensate the victims of state action. The paper deals about the tortious liability for the state and it explains the pre-constitutional and post-constitutional judicial Decisions with case laws and it also explains the before commencement and after Commencement of the constitution regarding the sovereign and non-sovereign functions. Finally it deals with the doctrine of public accountability in the field of judicial and personal liability in comparison with both English and Indian laws. It also deals with the statute that bounds by the state, under that it includes the comparison with both English and Indian laws.

Key Words

liability, sovereign, non-sovereign, public accountability, Statute

Cite This Article

"TORTIOUS LIABILITY OF STATE IN INDIA ", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.6, Issue 4, page no.336-341, April-2019, Available :http://www.jetir.org/papers/JETIR1904249.pdf

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2349-5162 | Impact Factor 7.95 Calculate by Google Scholar

An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 7.95 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator

Cite This Article

"TORTIOUS LIABILITY OF STATE IN INDIA ", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.6, Issue 4, page no. pp336-341, April-2019, Available at : http://www.jetir.org/papers/JETIR1904249.pdf

Publication Details

Published Paper ID: JETIR1904249
Registration ID: 203684
Published In: Volume 6 | Issue 4 | Year April-2019
DOI (Digital Object Identifier):
Page No: 336-341
Country: Haridwar, Uttarakhand, India .
Area: Other
ISSN Number: 2349-5162
Publisher: IJ Publication


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