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00:00The third case was here I'll show you under the heading taught. This is lesson six. So here is
00:05Bikare's liability of the state. When I talk about Bikare's liability of the state, a short recall,
00:12actually the crown should not be sued for the taught because if any servants of the crown,
00:20crown means the king, right? So if any servants of the crown are making any mistakes,
00:24he should not be sued. Okay, this was the law earlier. Then this is totally against the public.
00:32So they want to pass an act called as Crown Proceeding Act which says that crown is completely
00:37completely liable and the liability is Bikare's liability. When you check for position in India,
00:43as we are just following England law, we follow British law, we follow England law but we do not
00:50have such act. We do not have such act called as talking about Bikare's liability of the state.
00:55We just go for terming which functions are sovereign and which functions are not sovereign.
01:01If the servant of government, okay, of Indian government, the servant of Indian government
01:06has thus any sovereign function and any fault occurs, fault in the sense taught occurs,
01:13in this case the government will get the Bikare's liability. If it is not a sovereign function,
01:19then how can I say that government is making the fault? So this is what the content we had
01:24discussed in the earlier case, right? Now we will go in detail where what is the role of the state in
01:30the case of taught law. So here they have given a brief intro on what you mean by taught is nothing
01:36but a civil wrong. So it's not a breach of contract, breach of trust or not other wrongs at all. So we are
01:42focusing more on civil wrong and the remedy to this is undivided damages and they have just given an idea
01:49with respect to what are the principles we have to follow. So these are the earlier cases what
01:54we have discussed in detail with respect to taught. Now we have to focus more on this. Okay, actually,
02:01if you go for a small history, it's not like a small history, it's a hundred years back history,
02:06earlier we had East India Company, probably might be heard of this East India Company. So they were
02:11almost ruling our nation. Okay, I would like to refer this, I request you to refer the East India Company
02:18case because each and every company, small small companies were started in India because of the
02:25culture and the rich heritage of India. Most of the British and French people got attracted by the
02:31India's culture and heritage and many started the new companies or small small companies. The East India
02:37Company was one where it was almost in the ruling capacity. It took away French and that was in the
02:44ruling capacity. So before that the liability was in a different way. Okay, so now we are going to
02:50discuss each point of view before East India and after East India Company. Here we have to refer
02:58article 300 of the constitution. What is this article 300? That is government has the capacity to sue. Okay,
03:08if you do any fault, the government will sue you or if government or government service does any fault,
03:15you can sue which means to sue and to be sue. Can you focus to sue and to be sue? That is may sue or be
03:25you. Can you guess under whose name? Any guesses? Yes, please. Any guesses here? Under the name of? By the name of?
03:40Yes, please.
03:41We have gone through, right? When it goes for entering into a contract, you have to enter into the contract in the name of
04:00president and governor. But when you enter into a contract and you have to file a case, okay whether you're
04:07entering or not, you have to file a case because here you're going to check with 30 assignment. You have to
04:12assume the name of the government which is Union of India or the state name has to be mentioned.
04:19Probably I would like to refer a case or constitution case. Case of Ananda Bharati. Okay, we refer this case in the internet.
04:28It's a very meaningful case. While going for a constitution of India, let's go simply take this is Union of India.
04:33State of Kerala. If any person is filing the case on central government, he has to sue in the name of Union of India.
04:44If any person is filing the case on state of Kerala, okay, that is any state, he has to mention the name
04:52state of Kerala. Probably you might be knowing again this we got independence in 1947 and our constitution
05:00is adopted in 1950. What is the P in between called as? We call this as Dominion of India.
05:08You have heard of this case Dominion of India. We call this as Dominion of India. Okay, so
05:16during that time we have to file a case as Dominion of India. So after this constitution is enacted,
05:23we are just following this case versus Union of India or state of whatever it is. So whatever it is,
05:31we have to check whether it is post-constitution or pre-constitution so it happens. And there is an
05:36interesting case which is state of Rajasthan versus Vidyavati where actually here is a collector of
05:42Hudaipur. Okay, and there will be a driver who is serving for this collector. Actually he is
05:48driving for a collector which means that he is driving a government jeep. Okay, he knocked down
05:55a person walking on the food path by the side of a public route. And the injured person died also.
06:01See such a big knockdown here and this person also died. And the driver was said that he is rash and
06:08negligent in driving the school and this case went to the high court trial court first because it is a crime
06:15line. Then we went to the high court. Then also by the trial court then to the high court. The appeal
06:21against the high court judgment was dismissed by the Supreme Court to check for the liability. So this
06:28is a different case. And they were discussing with Vidyavati here. The judgment was, you see we say
06:35something called a speaking order, right? Speaking order or a decent decision. That's what it is they say.
06:40Whenever a judgment or punishment is given they will not directly say you are in prison for two years.
06:46You have to pay compensation for five thousand. They will not say that. They will give a full reason.
06:50You will have an own story. You will have an own story for each and every judgment. So here is also
06:55own story here for this case state of Rajasthan versus Vidyavati. So here the state of Rajasthan has not
07:02shown that the Rajasthan union or its predecessors are not liable by any rule. They have just said that the
07:09dominion of India or the constitution province of the union would have been the liability. Probably
07:15liability might have been there. And here they want to check whether the Rajasthan union that is the state
07:21of Rajasthan has a vicarious liability for the service. We also know that the king can do no wrong.
07:27We know that the king can do no wrong. But if the wrongs are done by the servant, how can the person
07:36or the government can take the liability? I try to get my point. It's very important here. From here to here.
07:44Don't think about the lengthy of the paras. From here to here is that you are calling the England rule
07:51with respect to Crown Proceedings Act saying that whether a king will be held liable for the act
08:00of the servants and how the Crown Proceedings Act. But here we have a maxim saying that the king can do
08:06no wrong. So whenever we find the possibility that some wrong is done, it becomes the tortiest act of
08:13the servant or being. So it is being referred with respect to United Kingdom and Crown Proceedings Act.
08:20And now it means referred with respect to our Indian law. So again you find a big para, you need not
08:27worry. So whether the king is being a possibility of king in the sense, here in our anger is government.
08:34Whether the government is having any liability over this or whatever it is, we have to discuss in a
08:39detailed manner. So it's being compared and we have to check whether the suit has to be maintained and
08:44everything has to be done. So this is what they are mentioning. This school para, I request you to go
08:49through this one because I cannot go line by line. The humility can be taken. Whether the king has to be,
08:56that is the servant, liability becomes his own liability or the liability of the state. So this
09:02alone can be taken. Okay. Then in the state of Bihar and Abdul Majid, the court has recognized the
09:11right of the government to sue the government for recovery of arrears of salary. Yes. You can sue.
09:17That is article 300. We are talking about article 300. Yes, you can sue over the government in this case
09:23also. So this is also an important case. Continue me.
09:27So I am not going line by line. I am just going with case by case only. And there is here another case,
09:36Kasturilan versus State of Uttar Pradesh. Here we have already gone for some discussion with respect to
09:42Prisons Act also. But this case is somewhat a different one which talks about, which talks about,
09:50oh, see, I can find. The plaintiff, okay, I will go just in detail. The plaintiff is being arrested
09:58by the police officer because there was a suspect that he is possessing some stolen property. So he
10:04was having like a large quantity of gold and he was in a suspect that it might be a stolen property.
10:11And this police team, the police officers, as per the criminal procedure code,
10:17they found the gold in his place, in his position and they have actually seized it.
10:22Ultimately, in future, they found that it was not a stolen property, but he was released. See,
10:29if you suddenly take me for imprisonment and imprisonment or you just seize my property and
10:35you go for imprisonment, then you find that it's not, it's my own property. It's not a stolen property.
10:39You have to return my gold, right? So he was released, but the gold was not returned.
10:43The reason why the gold was not returned was the head constable just got absconded with the gold. See,
10:51such a funny thing. The head constable who was taking charge of his storage of gold got absconded
10:59and because of this reason, the government is not returning the gold away. So this plaintiff totally
11:08got tensed up and he filed a suit against the state of Uttar Badesh and asking him for the return of gold.
11:14If you cannot return the gold, then give me some other alternatives. So this was taken as the first
11:20case, as the case in trial court. Then it went to the High Court. Then it went to the Supreme Court.
11:29Okay, then it went to the higher most court, Supreme Court. And if you read it in detail, you'll find that
11:34at the last Supreme Court says, it is not the liability of the government. Okay, please make a note.
11:44So, I would like to repeat a statement. If the servant has done anything wrong,
11:52in the sovereign function, if the fault has happened, in the sovereign function,
11:58sovereignty is government related function, then the government will be vicariously liable. Okay.
12:04But here the head constable has absconded with the gold, which is not a sovereign function.
12:09So, if it is not a sovereign function, then you cannot claim the gold. So this was the claim
12:15and it was actually rejected. Then you may raise a question. Then what happened to the gold map
12:22is definitely then again the case went on carrying with the Crown Proceeding Act saying that the king
12:28cannot do wrong. Okay. But the king is responsible for the wrong done, even though it's non-sovereign.
12:35So, again there was a big discussion going on and this is with respected doctrine of community.
12:42So, whether it is negligence or personal negligence or misconduct, the king cannot be found guilty
12:49of it. Okay. Which means that the government need not return. This is what actually said.
12:54There was a big case going on whether now to, well, he doesn't know what to do now. The plaintiff
13:00doesn't know what to do, whether he has to go, because the Supreme Court itself has given the
13:05decision, right? He doesn't know what to do, whether he has to claim and go for the judgment,
13:10whether he has to go strike and something and all. So, it was really in big trouble and it was a totally,
13:15totally different case. Okay. So, it is with respect to doctrine of equality and this doctrine of
13:20equality is available for the government. It's towards the government. Okay. So, government is
13:28vicariously liable only for the sobering function. Then you may ask me, then it's like a cheating
13:38man that the plaintiff has lost his gold. You just think, don't think in the plaintiff angle,
13:45think in the government angle. See, where the government will pay this loss, the plaintiff?
13:50Obviously, from the tax money, what we are paying? Actually, it's the revenue. The tax we pay is the
13:56revenue to the government and the government has to compensate only from the tax what we pay.
14:00The government does not have its own revenue. Government is doing its own business to get
14:04its own revenue. No. Government is not doing any own business. It's all the tax money we are paying,
14:10right? So, in that case, how the government can compensate the loss taken from the revenue which is
14:17being paid us in terms of tax. So, if you check in the plaintiff angle, if you like, the government
14:25is so very harsh person. But if you check in the other way, government has a doctrine of the immunity
14:31where this doctrine is applicable with respect to sovereign or non-sovereign. So, it's a beautiful
14:38case. It's a detailed and immutable case. So, actually, we have to know which is a sovereign
14:44and non-sovereign function. This sovereign or non-sovereign function is again discussed in
14:49Nagendra Vesson State of Bhutan Pradesh, where they are discussing whether, you see, we cannot say
14:55this is sovereign, this is not sovereign, okay? How can we say this is sovereign or non-sovereign?
15:00Depending on the case to case only. Depending on the case to case individuality only, we can discuss
15:04whether it is non-sovereign or non-sovereign. So, we have to implement and we have to administer the
15:09law. Depending on the topics and the subjects available, we have to check whether this is
15:13sovereign or non-sovereign. So, this is not practically logical and impractical. So, there
15:19may be always arriving a conflict between the sovereign function and non-sovereign function and
15:24we usually go with respect to checking with case to case basis. So, that is more safer than
15:30the same. So, checking the case to case basis, right? So, here they say that we go with welfare of the
15:38state. So, it's better to check for the public only and not for one particular individual, right?
15:46Continue me. So, we have to make some tests and one of the tests here is how far it is legislative and
15:53how far it is executive for the sovereign to performance function. So, if you go for with respect
15:59armed forces and how to maintain it, making peace or war or peace or war or foreign affairs or power
16:06to acquire and retain integrity, these are all functions which are indicating external sovereignty
16:11and it is not political in nature. See, we have something called as a military organ or
16:16political powers which is available only to the central level. So, we have to check for the unity
16:21whether this will be applicable or not. So, then only you can notice it. And here there is one more
16:26statement giving that the court proceeded further where this immunity will end. So, we have the state
16:32called as a modern state or please focus on the welfare state. Welfare or we call it as modern state.
16:39So, whatever the state is, we have to decide as a juridics version and we have to check in each and
16:44every case. Then only we can classify with respect to liberty and equality of law and do with whether this
16:52is a sovereign or non-sovereign function, governmental or non-government, then only we can decide. So,
16:58the necessity is there to check whether the extraordinary powers cannot be doubted. So,
17:03it is like we cannot say towards the government or against the government. Each and every steps we have
17:10to check. Continue. Let me finish off this topic. So, they say that what do you mean by the element of
17:18welfare state? It is again the same thing mentioned. We need to talk about in every sphere. There is
17:23an educational point of view, commercial point of view, social point of view, economic, political and
17:27even marital status. Each and everything has to be checked. So, it is simply if I say that if you go
17:32for the COVID situation, we say that from 6 to 14 years, compulsory education could be provided.
17:38But in this COVID situation, schools are closed. What could be done? Yes, but safety is important.
17:45So, that is why in all the space, it has to be checked. So, in some case, we cannot say it is
17:50non-sovereign, but probably we have to take care of. So, in all the cases, we cannot claim immunity,
17:56but we are checking for the modern welfare of the state. And how far the court can link the state
18:02and its offices? Because when we talk about servants of the government, we are talking actually
18:07about the government offices. So, we have to check how far the negligence has taken place and
18:12we have to check whether they can be sued personally on this negligence. So, if we go for personal
18:17liability, Vikari's liability also may be there, but sometimes personal liability also there. So,
18:23there may be sometimes dirt, which means lack of authority also may be available. Lack of authority
18:28also may be available. So, here is a case where J. Lakshmi Saltwars Limited versus State of Gujira,
18:36where if any injury or damage has been happening, these two basic ingredients of tort has to be
18:42considered. And as well as what is found in the contract and what are the violations made and
18:48what are the violations that has brought this tortious liability also has to be checked so that
18:53it will be comfortable to discuss in the later cases. And we are also taking the help of what do
18:58you mean by strict liability? What do you mean by absolute liability? And we know that some fault is
19:03being made and that fault is nothing but tort also. So, we are talking about fault liability also.
19:09So, far we are studying two liabilities only absolute and strict liability or Vikari's liability,
19:14but apart from this, we are discussing something called as fault liability and they are just giving
19:21a small classification. So, this has to be detailedly discussed and it has to be designed case by case
19:27only. You cannot just give a standard 10 points and check whether if all these 10 points are standard,
19:32it's a sovereign. If a few points are not satisfying, it's not sovereign. You cannot discuss in this
19:37way. So, that's what they are trying to handle with respect to government that is state point of
19:42right? Hope it is okay. So, continuing here with suit again.