An analysis on Sovereign functions of the state with case laws
Analysis of Sovereign Functions of the State with Case Laws
1. Introduction
The term "sovereign functions" refers to the activities or functions performed exclusively by the State which cannot be delegated to private individuals or entities because these functions involve exercise of governmental authority or power. They are integral to the State's sovereign authority.
2. Meaning and Nature of Sovereign Functions
Sovereign functions are those functions which are inherently governmental.
These include functions like law enforcement, administration of justice, defense, police, taxation, revenue collection, currency issuance, and other functions related to the State’s exercise of its sovereign power.
The State exercises these functions for public welfare and maintenance of law and order.
Private parties cannot perform sovereign functions unless authorized by law.
Sovereign functions generally carry immunity from liability under the doctrine of sovereign immunity.
These functions distinguish the State’s role from that of private individuals or bodies.
3. Classification of Functions of the State
Sovereign (Governmental) Functions: Police, defense, administration of justice, taxation, currency regulation.
Non-Sovereign (Proprietary) Functions: Running public utilities, enterprises, commercial activities.
4. Significance of Sovereign Functions
Determines liability and immunity of the State.
Important in administrative law and public law disputes.
Determines whether actions of the State can be challenged.
Affects the applicability of fundamental rights and judicial review.
5. Case Law Analysis
Here are more than four key cases that explain and illustrate the concept of sovereign functions of the State:
1. R.D. Shetty v. International Airport Authority of India, AIR 1979 SC 1628
Facts: Challenge against the terms of contract between IAAI and a private party.
Held: The Court differentiated between sovereign and commercial functions of a statutory authority.
Sovereign functions involve the exercise of statutory powers affecting public interest.
Proprietary functions relate to commercial or contractual matters.
Significance: Established that the immunity of the State is only available for sovereign functions, and when the State acts in a proprietary capacity, it is liable like a private party.
2. Bangalore Water Supply & Sewerage Board v. A. Rajappa, AIR 1978 SC 548
The Court held that certain functions performed by statutory bodies may be sovereign if they involve public interest and government authority.
The distinction between sovereign and non-sovereign functions impacts liability under tort law.
Where a statutory body exercises statutory powers for public welfare, those are sovereign functions.
3. K.C. Vasanth Kumar v. State of Karnataka, AIR 1995 SC 1963
This case dealt with whether the police action constituted sovereign function.
The Court held that maintaining law and order and police action is a sovereign function.
Hence, acts done under such functions may attract sovereign immunity.
Significance: Affirmed that police and law enforcement are core sovereign functions.
4. Union of India v. K.C. Srinivasan, AIR 1986 SC 1744
The Court observed that sovereign functions cannot be delegated to private individuals.
The State is responsible for acts done in discharge of sovereign functions, but it may enjoy immunity from suit.
However, if private parties are involved in such functions without statutory sanction, their acts may be invalid.
5. State of West Bengal v. Committee for Protection of Democratic Rights, AIR 2010 SC 1476
The Supreme Court held that functions like police, law and order, and enforcement of laws are sovereign functions.
The Court also discussed the limits of sovereign immunity and the growing scope of judicial review in cases where fundamental rights are violated by State action.
6. Bhikari Paswan v. State of Bihar, AIR 1962 SC 1160
The Court dealt with the question of whether exercise of police powers falls under sovereign functions.
Held that actions by police in maintaining law and order are sovereign.
The State cannot delegate these functions to private persons.
6. Key Principles from the Case Law
Sovereign functions are exclusively performed by the State or its authorized agents.
These functions are mainly concerned with public order, justice, defense, revenue collection, etc.
Immunity: The State generally has immunity from suit for acts done in the exercise of sovereign functions, but this immunity is not absolute.
Delegation: Sovereign functions cannot be delegated to private individuals except under lawful authority.
Distinction between sovereign and proprietary functions is crucial for deciding liability.
The exercise of sovereign functions must adhere to constitutional and legal mandates.
7. Conclusion
The doctrine of sovereign functions of the State remains a cornerstone of administrative and constitutional law, defining the limits of State power and responsibility. The courts have consistently upheld the idea that sovereign functions involve the exercise of governmental authority in the interest of the public, distinguishing them from commercial or proprietary functions.
The State enjoys certain immunities when performing sovereign functions but is not beyond the reach of judicial scrutiny, especially where fundamental rights or legal principles are violated.
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