CS Executive · Jurisprudence, Interpretation and General Laws · Administrative Laws
A government hospital doctor employed by a State negligently performs a surgery in the ordinary course of duty, and the patient suffers harm. Following the Supreme Court's approach in Kasturilal Ralia Ram Jain and later decisions, which statement best describes the State's tortious liability?
The State is liable because medical treatment in a government hospital is not an exercise of sovereign power. Immunity under the Kasturilal principle extends only to sovereign functions, so the State is vicariously liable for its doctor's negligence.
- AThe State is liable only if the act was done in exercise of sovereign powers
- BThe State can never be liable for the torts of its servants
- CThe State is liable because negligent medical treatment is not an exercise of sovereign power, so immunity does not applyCorrect
- DThe State is liable only if the Governor personally authorised the act
Explanation
The sovereign/non-sovereign distinction from Kasturilal grants immunity only for acts done in exercise of sovereign powers. Medical treatment in a government hospital is not such an act, so the State is vicariously liable. Option A reverses the position, since immunity applies to sovereign acts, not liability.
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