CONSTITUTIONAL TORT. Who is the Best Lawyer for Constitutional Tort in Chennai, Tamil Nadu, India?. Appellate Lawyers Office offer the Best Legal Services for Constitution laws in Madras High Court and Supreme Court of India.
Top Advocates for Constitutional Torts in Chennai
During British rule in India, a concept of ‘King can do no wrong’ existed. As such earlier, you could not sue the state for damages caused by its employees. There was no concept of vicarious liability in the first place. The employer (the government) was not responsible for employees’ acts during employment tenure. Contact Top Advocates for Constitutional Torts in Chennai.
Violation of citizen’s rights
As a matter of fact, India is a democratic country. The interaction between the state and its citizens is more in like manner. At any point, Such interactions many a time may result in a violation of citizen’s rights. There is no legislation to govern the liability of the state for the torts of its servants.
Article 300 of the Indian constitution
Currently, in Modern India the scenario has changed. Article 300 of our Indian constitution is the reason behind the change. The union of India and the state can sue or get sued. Hence, It makes the Union of India and states a separate juristic person who can sue and get sued.
What are constitutional torts ?.
A tort is a civil wrong, the remedy for which can be compensated.
Constitutional torts are violation of constitutional rights by a government servant or action. You can contact leading lawyers in our law firm to take legal action and claim damages (compensation) for constitutional right violation in addition.
Examples:
- You can sue a police officer for using excessive force.
- Sue a prison warden for unlawful conditions of imprisonment.
Constitutional torts may be:
- Violation of fundamental rights,
- Custodial violence,
- Custodial deaths,
- Illegal detention and handcuffing and so on.
You cannot find tort law on the basis of compensation. But it is generally in the basis on motor vehicle act
Article 300 of our Indian Constitution
Article 300 states that the Government of India (GOI) can sue or get sued in the name of ‘Union of India’. The state government may sue or get sued in the name of a state or in the name of the state legislature. Thus our constitution makes the union and states are separate legal persons.
Union of India and stare are capable of :
- Owning property,
- Enter into contracts,
- Do business,
- They can instigate and defend legal action like any common man in that case.
Thus the legal personality of the Union of India and State is well established.
Sec 65 of the GOI Act
Article 300 says the union of India or state can get sued. But the parliament has not made any law about the same. Earlier The East India Company had a dual capacity- commercial and sovereign. Sec 65 of the GOI Act exempts the government from tortious liability in sovereign capacity. The same principle is in the process even now.
Sovereign & Non-Sovereign Functions
The functions of the state are of two types of sovereign functions and non-sovereign functions.
Sovereign functions :
They are the functions of the state which are not answerable before the court of law. They are a function of only the government such as
- Police functions,
- Taxation functions,
- Law and order functions,
- Legislative reforms function etc.
non-sovereign functions:
Any private individuals Perform the functions:-
In P & O Steam Navigation Co. Vs Secretary Of State case held that the state is not liable for any sovereign act or function.
In Union of India Vs Harbans Singh case:- Held that state is not liable for the rash and negligent driving of the military truck by a military man.
State of Rajasthan Vs. Vidyawati case
Post-constitution In the State of Rajasthan Vs. Vidyawati case – the jeep driver of Udaipur collector knocked down a man on the footpath of a public road. The man died 3 days later in hospital. His widow filed the case with high court for compensation. Held that such action is not a sovereign function and granted compensation by all means.
Kasturi Lal Ralia Ram Vs State of UP case
In Kasturi Lal Ralia Ram Vs State of UP case, two police suspected the plaintiff for stolen gold and took him to custody. There was a release of Plaintiff next day but his gold was withheld in custody. One of the policemen took the gold and fled to Pakistan. The act got termed as sovereign function. No compensation allowed in the pre-constitution era.
contradiction about sovereign and non-sovereign functions
In the modern context, there is a contradiction about sovereign and non-sovereign functions. Some courts consider running of Railways as sovereign to be sure. But other courts consider them as Non-sovereign.
COMPENSATORY JURISPRUDENCE
In any case, the concept of compensatory jurisprudence has come into light in courts. With this in mind, courts again find ways to give compensation to the plaintiffs who suffer damage for wrong.
Basava Kom Dyamgonde Patil Vs. State of Mysore case
In Basava Kom Dyamgonde Patil Vs. State of Mysore case, Held that State is liable for any loss to the property seized by the police as it requires due care and caution.
violation of the fundamental rights of an individual
In violation of the fundamental rights of an individual, the amount of damage is huge. In Bhim Singh Vs State of J&K case, there was an award of Rs.50,000/- exemplary damage in which the state was liable for unlawful detention of the plaintiff.
Tort law now has Jurisprudence
English law is indeed the basis for the concept of tort law. Moreover, Tort law now has Jurisprudence. It says that the union of India, as well as state, can sue or get sued for the acts of its servants like common individuals. It also makes a clear distinction between sovereign and non-sovereign functions. Likewise, Compensatory jurisprudence ensures justice to the citizens injured by states’ wrongful acts.
Top Constitutional Tort Lawyers in Chennai
On the other hand, Are you a victim of constitutional tort ?. Our experienced Constitutional tort lawyers represent our clients for constitutional tort claims in reality. Above all, Kindly let our Senior advocate know your queries. Our Team of Attorneys will be happy to answer them and appeal your case for suitable compensation to the end that. Get in touch with our law firm now !
