Vicarious Liability of State in India
Vicarious Liability of the State in India
1. Introduction
Vicarious liability is a legal doctrine where one person or entity (usually an employer or principal) is held liable for the wrongful acts or omissions of another person (usually an employee or agent), provided such acts occur in the course of employment or agency.
When applied to the State, vicarious liability means the government or state authorities can be held responsible for the wrongful acts committed by its servants or agents while performing their official duties.
2. Basis of Vicarious Liability of the State
The State acts through its various agencies—police, government servants, local bodies, etc.
When such agents commit wrongful acts or negligence during the course of their duties, the State is liable to compensate the victims.
This liability arises because the State is responsible for the actions of its servants who derive authority from it.
3. Legal Position in India
The principle of vicarious liability of the State is well recognized in Indian law.
It is rooted in Section 2(1)(d) of the Indian Tort Law, and more specifically interpreted under the Law of Torts and Constitutional Law.
The State cannot escape liability by merely claiming that the act was done by an individual official or servant.
The liability is generally strict and arises irrespective of negligence by the State itself, as long as the wrongful act was committed by its employee during official duty.
4. Key Case Laws
a. Karam Singh v. Union of India (1962) AIR 1295
Facts: The petitioner challenged the actions of a government officer.
Held: The Supreme Court held that the government is vicariously liable for the acts of its officers done in the course of their employment.
The government must compensate the victims for wrongful acts of its servants.
b. State of Punjab v. Shiv Ram (1964) AIR 436
Facts: The police, under the control of the State, caused harm to the plaintiff.
Held: The State was held liable for the tortious acts of the police officers.
Established the principle that the State is liable for wrongful acts of its agents acting within the scope of their employment.
c. Sukhdev Singh v. Bhagat Ram (1975) AIR 1331
Facts: A case where a police official’s negligence caused injury.
Held: The State is liable for the negligent acts of its employees performed during official duty.
d. Rajasthan State Road Transport Corporation v. J.K. Sharma (1974) AIR 2069
Facts: Negligence of a government servant in the performance of duties.
Held: The State or government agency is liable for the acts of its servants done in the course of employment.
5. Scope and Limitations
When is the State liable?
When the wrongful act is committed by an employee or agent of the State.
The act must be done in the course of employment or official duty.
The liability is generally strict; the State need not be negligent itself.
When is the State NOT liable?
If the employee was acting outside the scope of employment or without authority.
When the act is a personal tort unrelated to official duties.
In certain cases of sovereign acts where the State is immune from liability (but this immunity has been limited over time).
6. Sovereign vs. Non-Sovereign Functions
The distinction between sovereign and non-sovereign functions impacts liability.
Traditionally, the State was immune from liability for acts done in its sovereign capacity (e.g., law enforcement, policy decisions).
However, for non-sovereign functions (like running a transport corporation, public utility), the State is fully liable.
The Supreme Court has progressively limited the immunity, making the State liable even in some sovereign functions where negligence causes injury.
7. Constitutional Backing
Article 300 of the Indian Constitution states that the Government of India or State Government may sue or be sued by the name of the Union or State.
This constitutional provision allows the State to be sued for tortious acts of its servants.
The doctrine of vicarious liability operates under this constitutional scheme.
8. Examples of Vicarious Liability of State
Police brutality causing harm.
Negligent acts by government doctors or medical staff.
Traffic accidents caused by government vehicle drivers.
Negligence by government employees causing damage to public property or persons.
9. Conclusion
The doctrine of vicarious liability ensures that the State is held responsible for the wrongful acts of its employees and agents committed in the course of their official duties. This principle is essential to provide justice and compensation to victims and enforce accountability of the State machinery.
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