Q. Consider the following statements with respect to liability of government in India for any of its actions:
1. The Union government can be sued for civil wrongs in the exercise of its nonsovereign functions.
2. A state cannot be held liable for acts committed by government employees in the exercise of its sovereign functions.
Which of the statements given above is/are correct?
Exp) Option a is the correct answer.
Statement 1 is correct. The government (Union or states) in India can be sued for torts (civil wrongs) committed by its officials in the exercise of its non-sovereign functions. Tort is when the act of one party causes some harm to the other party due to negligence, carelessness on the part of another party. Tort law governs the remedies for civil wrongs. A person is liable for the wrongful act, whether done accidentally or intentionally.
Statement 2 is incorrect. In Nagendra Rao Case (1994), the Supreme Court adopted a liberal approach with respect to the tortuous liability of the State. It ruled that when a citizen suffers any damage due to the negligent act of the servants of the State, the State would be liable to pay compensation for it and the State cannot avoid this liability on the ground of sovereign immunity. In Common Cause Case (1999), the Supreme Court rejected the sovereign immunity rule. It held that the State must be liable for all tortuous acts of its employees, whether done in exercise of sovereign or nonsovereign powers.
