LIABILITIES OF THE STATE All the people know that the government was considered as an “honest man”.
It is fundamental to the rule of law that the Crown and government should bear their fair share of legal liability.
- So here this all authorities would be answerable for wrongs done to its subjects.
→ The immense expansion of governmental activity from the latter part of the 19th century onwards made it intolerant. able for the government, in the name of the Crown, to enjoy exemption from the ordinary law. English law has always believed in the theory that the king is subject to the law and, accordingly, can commit breach thereof.
Learning Outcomes
As far as 700 years ago,
One known Personality has observed that The king must not be under the man or person but the king must be under the god and under the law so the law makes the king. In a short way, Law gives power to King to rule the state.”
→ So that Theoretically there was no difficulty to appalled this thing, For holding the king liable for the illegal activities and impeached the law. But Practically there is a problem. Rights depend upon remedies and there was no human agency or other authorities to enforce the law against the king.
All the courts in the country or state were his courts and he could not be sued in his own courts without his consent. So that He could be the plaintiff ever but never be a defendant. No writ could be issued nor could any order be enforced into him. As “the King can do no wrong”, whenever the Administrative law was badly conducted, In those times.
∴ it was not only for the king who was at fault but also his Ministers, who must have given him faulty advice. so there is so much corruption and also many injustice things also. But after the Crown Proceedings Act, 1947, the Crown can now be placed in the position of n ordinary litigant.
India, history has traced a different path. “the King can do wrong” this maxim is never been accepted in India. The Union and the States can be held liable for breach of contract and They can file suits and suits can be filed against them
- Here the aspect of the administrative law is cleared, according to information all the power of the state of particular function given to the particular agencies of the state,
if the wrong act is done by the agencies, then liabilities vested to whom?
- Then all the liabilities of the wrongful acts of the state agencies are vested to the state.
The administration is the one who makes the laws sometimes, but can it be made liable for his actions or illegal act done by them, under the law which it makes?
→ All state create their own constitution so that this constitution bind to the state and so the state is liable for the liabilities too.
The personnel in the administration, do both make the law and implement the laws and if they commit any negligence because of which harm is caused to any individual, then this individual can make a claim against the administration.
• Under the Indian Constitution Article 294, 299 and 300 mainly deals with the liabilities of the state. So it means individuals should claim for the remedies which harm by state and others public authority.
There are two kinds of liabilities of the state
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Contractual liabilities
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Tortuous liabilities
These two liabilities are discussed in the further article.
Conclusion
All the state builds and run under the law. So it basically that law gives power to King, Government and other Public authority. So if wrong act and the illegal act was done by the state is liable for the act. Indian Constitution also that State is liable for the illegal act and wrong act.
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