The Evolution and Current State of Sovereign Immunity in India

I. Definition of Sovereign Immunity

Sovereign immunity is a legal doctrine that protects the government from being sued without its consent for actions performed in its sovereign capacity. This principle serves as a shield for the state against legal actions that could impede its functions.

II. Evolution of Sovereign Immunity in India

• Pre-Independence: The British Crown enjoyed immunity from lawsuits in India, establishing a precedent for governmental protection.
• Post-Independence: Upon gaining independence, India adopted this doctrine, with the state inheriting the immunity previously enjoyed by the British Crown.
• 1970s-80s: The Supreme Court began to limit the scope of sovereign immunity, permitting lawsuits against the state under specific circumstances.
• 2000s: The court further clarified the doctrine, emphasizing the distinction between sovereign and non-sovereign functions.

III. Examples of Sovereign and Non-Sovereign Functions

• Sovereign functions: The government cannot be sued for policy decisions, legislative actions, and judicial decisions.
• Non-sovereign functions: The government can be held liable for commercial activities, tortious acts, and breaches of contract.

IV. Frequently Asked Questions

• 1. Can the government be sued for human rights violations?
  Answer: Yes, the government can be held liable for human rights violations, as they are categorized as non-sovereign functions.
• 2. Can the government claim immunity in cases of negligence?
  Answer: No, the government cannot claim immunity in cases of negligence, which fall under non-sovereign functions.
• 3. Can the government be sued for policy decisions?
  Answer: No, the government cannot be sued for policy decisions, as these are deemed sovereign functions.
• 4. Is sovereign immunity absolute in India?
  Answer: No, sovereign immunity is not absolute in India. The courts have restricted its scope, allowing for legal actions against the state under certain conditions.

V. Recent Developments

The 2020 Supreme Court judgment in the Bhavanakwadi Industrial Coop. Society Ltd. vs. State of Maharashtra case further clarified the doctrine, emphasizing the essential distinction between sovereign and non-sovereign functions. This ruling signifies an important step in the evolving landscape of governmental liability in India.