Government Liability in Torts

Introduction

In tort law, the State can sometimes be held responsible for the wrongful acts committed by its servants while performing official duties. This is known as government liability in torts.

Earlier, governments claimed immunity from such liability. Over time, courts recognised that the State should also be responsible for harm caused by its servants, especially when performing activities similar to those done by private persons.

Meaning / Definition

Government liability in torts refers to the legal responsibility of the State for the wrongful acts committed by its servants during the course of their employment.

In India, this principle is governed mainly by Article 300 of the Constitution of India, which allows the Union of India and State Governments to sue and be sued like other legal persons.

However, the State is not liable for every act of its servants. Liability depends on whether the act was performed in a sovereign function or a non-sovereign function.

Modes or Types

Sovereign Functions

Sovereign functions are duties that can be performed only by the State because of its authority. These include activities related to governance and public administration.

Examples include:

• Maintenance of the army
• Administration of justice
• Maintenance of law and order
• Legislative functions

If a wrongful act occurs while performing a sovereign function, the State is generally not liable.

Non-Sovereign Functions

Non-sovereign functions are activities that could also be carried out by private individuals or organisations.

Examples include:

• Running transport services
• Carrying goods
• Welfare or commercial activities

If a tort occurs while performing such functions, the State can be held liable like a private employer.

Important Case Law

Peninsular & Oriental Steam Navigation Company v. Secretary of State for India

Government servants negligently injured the plaintiff’s horse while carrying a heavy iron piece along a public road. The court held the Government liable because the act was not related to a sovereign function.

State of Rajasthan v. Vidhyawati

A government jeep driven negligently by a government driver knocked down a pedestrian and caused his death. The court held that the State was liable because the act did not involve a sovereign function.

Fatima Begum v. State of Jammu & Kashmir

A government transport truck knocked down a cyclist while transporting police personnel. The court rejected the defence of sovereign immunity and held the State liable.

Iqbal Kaur v. Chief of Army Staff

An accident occurred due to negligent driving by a government driver who was training new recruits. The court held that this was not a sovereign function, and the Union of India was liable.

Union of India v. Savita Sharma

Negligence by the driver of an army vehicle transporting soldiers caused an accident with a private vehicle. The court held the State liable for damages.

State of Tamil Nadu v. M. N. Shamsuden

A government ambulance caused the death of a person while transporting a patient. The court held that transporting patients could also be done by private individuals, so the State was liable.

Union of India v. Harbans Singh

An accident occurred when a military truck carrying meals for soldiers caused the death of a person. The court held that the act was part of sovereign functions related to the army, so the State was not liable.

People’s Union for Democratic Rights v. Police Commissioner, Delhi

Police fired without warning on a peaceful group of peasants. The court ordered the State to pay compensation to the victims.

Distinction / Comparison

Sovereign Function vs Non-Sovereign Function

Sovereign Function

• Performed only by the State
• Related to governance and authority
• State generally enjoys immunity (not liable)

Non-Sovereign Function

• Can be performed by private individuals
• Includes commercial or welfare activities
• State can be held liable like a private employer

A simple test is: if a private person could perform the activity, it is likely a non-sovereign function.

Practical Example

A government driver transporting medicines in a government vehicle negligently causes an accident and injures a pedestrian.

Since transporting medicines is an activity that private persons can also perform, it is a non-sovereign function, and the State may be liable for damages.

Summary

• Government liability in torts means the State may be responsible for wrongful acts of its servants.
• Article 300 of the Constitution allows the Union and States to sue and be sued.
• The key issue is whether the act was done in a sovereign or non-sovereign function.
• The State generally has immunity for sovereign functions such as defence and administration of justice.
• The State is liable for non-sovereign functions that could also be done by private persons.
• Courts often apply the test of whether the activity could be performed by a private individual.