Conceptual Dimensions of Sovereign Immunity under Law of Tort in India

Abstract

A justification for wrongs done by the state or its officials, presumably based on reasons of public policy, is known as sovereign immunity. Therefore, responsibility can be avoided even though all of the components of a claim that can be litigated are shown, provided that this reason is provided.The concept of sovereign immunity originates from the principle of common law, which was later adopted by British jurisprudence. This principle states that because the King does not commit any wrong, he cannot be guilty of personal negligence or misconduct, and as a result, he cannot be held responsible for the negligence or misconduct of his servants. This idea forms the basis of the doctrine of sovereign immunity. Another facet of this idea is that it holds that a state cannot be sued in its own courts without first obtaining that state's permission. This is one of the characteristics of sovereignty.