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News: Prominent activists and religious leaders urged the Supreme Court to recognize hate speech as a constitutional tort due to its discriminatory impact on constitutional guarantees.
About Constitutional Tort
- A constitutional tort is a legal remedy through which the State can be held vicariously liable for violation of constitutional rights by its officials.
- Constitutional basis
- Article 294(b) makes the Union or State government liable for contractual obligations inherited from previous governments.
- Article 300(1) provides that the Union and State governments may sue or be sued in their respective names, forming the constitutional foundation of State tortious liability.
- Public Law Jurisdiction: Redress is usually sought through writ petitions under Article 32 before the Supreme Court or Article 226 before the High Courts for enforcement of fundamental rights.
- Key Features
- It holds the State responsible for wrongful acts committed by its officials during official duties.
- It applies when violations occur under the colour of State law, meaning misuse of official authority.
- It provides compensation for infringement of fundamental rights, especially under Articles 19, 20, and 21.
- It strengthens accountability of State power through continuous judicial oversight.
