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Government Liability for Torts committed by Servants and Damages under Article 21

By Dr. Rohini Mahurkar

Published In

Air 2016

Since the State act through human agency i.e. through its servants, it refers to liability of the State for wrongs committed by its servants or employees. Vicarious liability refers to a situation where one person is held liable for act or omission of other person. Thus, master may be held liable for the torts committed by his servant in the course of employment. Gradually, the manifestation of dynamic constitutional jurisprudence in the area of “government liability for the torts of its servants” and “right to life and personal liberty” has evolved through judicial activism which grants damages to the victim.  In the aforesaid case, the Supreme Court has recognized the right of a government servant to sue the Government for recovery of arrears of salary. When the rule of immunity in favour of the Crown, based on Common Law in the United Kingdom, has disappeared from the land of its birth there is no legal warrant for holding that it has any vali ....

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