• Apeksha

In the democratic system of India, the government in their action stand on an equal traction with their citizen .However, the State is given a authority as it has to perform certain roles on behalf of all the citizens, but when it acts erroneously, the wronged should be entitled to claim damages from the State except at the demand of larger people. In India, there is no such legislation which administers the responsibility of the State for the torts committed by its servants. It is the article 300 of the Indian Constitution, which specifies the liability of the Union or State in tortious act of the Government. The Law Commission Of India looked into the matter of a specific law with respect to the claims of the citizens on tort against the Union and the States, and if so, what should be the level of State’s liability. It recommended the enactment of a suitable law to define the position on Government’s tortious liability, stating that it “is necessary that the law should, as far as possible, be made certain and definite.” the Commission recommended that this issue requires “undoubtedly, a nice balancing consideration so as not to unduly restrict the sphere of activities of the State and at the same time to afford sufficient protection to the citizen.” The Commission also considered the scope of the immunity of the State for the tortious acts of its officials and recommended the relaxation of the rule of state immunity, and that “the old distinction between sovereign and non-sovereign functions should no longer be invoked to determine the liability of the State.”

Tortious, Liability, Indian Constitution, Sovereign- Functions, Legislation, Non- Sovereign -Functions

"Tortious Liability of the State in India: a comprehensive study", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.6, Issue 4, page no.355-359, April-2019, Available :http://www.jetir.org/papers/JETIR1904453.pdf

"Tortious Liability of the State in India: a comprehensive study", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.6, Issue 4, page no. pp355-359, April-2019, Available at : http://www.jetir.org/papers/JETIR1904453.pdf