Q. “State has to answer for every wrong committed by its erring servant.” Comment. Support your answer with the help of legal provisions and decided cases. (20) [2008/Law II/1(c)]
Answer Approach:
•Introduction: Briefly discuss about the concept of sovereign immunity and mention about the relevant provisions.
• Main body: Trace the development of the legal position on the issue with the help of landmark cases. Try to link this gradual evolution of the legal position with the concepts of Welfare State and Fundamental Rights, etc.
• Conclusion: Conclude with the help of decided cases in which the State was directed by the courts to pay compensation to those whose FRs were violated due to the erring servants of the State.
• Tip for students: Don’t just enumerate each and every case, rather try to ensure a flow and structure in your answer and link the various cases with relevant explanations in between.
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