Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Sovereign Immunity (Constitutional Torts)
Constitutional & Public Law Doctrines
Definition
The historical common law rule that the State cannot be sued for civil wrongs committed by its servants, which Indian constitutional courts have abolished in cases involving the violation of Fundamental Rights by awarding public law damages (Rudul Sah and Nilabati Behera).
Example
An innocent undertrial prisoner remains locked in central prison for 14 years after being formally acquitted due to administrative negligence; the Supreme Court awards monetary compensation against the State under Article 32, rejecting sovereign immunity.