CS Executive · Jurisprudence, Interpretation and General Laws · Administrative Laws
In which of the following situations is the claim of State immunity on the ground of 'sovereign function' most likely to be accepted, as per the traditional Kasturilal view?
Wrongful police seizure under statutory powers is the likeliest to attract sovereign immunity under the traditional Kasturilal view, because it is an exercise of sovereign power. Running buses, dairies or guest houses are commercial activities that private persons can also carry on.
- ANegligent driving of a government-owned commercial bus carrying passengers
- BNegligence of a government employee while running a State-owned dairy
- CInjury caused by a defective lift in a government-run guest house
- DWrongful seizure of goods by police in the exercise of statutory powers of seizureCorrect
Explanation
Seizure of property by police under statutory power was treated in Kasturilal as an act done in the exercise of sovereign powers, so immunity applied. Running buses, dairies and guest houses are commercial or proprietary activities that a private person could also undertake. Hence these attract liability.
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