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Constitutional Tort

Constitutional & Public Law Doctrines

Definition

A civil action in public law enforceable under Articles 32 and 226 against the State for sovereign violations of Fundamental Rights (primarily Articles 20, 21, and 22), where courts award public law compensation against the exchequer.

Example

In Saheli v. Commissioner of Police, the Supreme Court directed the State to pay compensation to a mother whose 9-year-old child died as a result of physical assault by police officers in custody.