DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

LUCKNOW

LAW OF TORTS
SYNOPSIS ON:
TORTIOUS LIABILITY OF STATE
Submitted for the project undertaken in partial fulfilment of B.A. LL.B. (Hons.)I Sem.
5 year integrated course at RMLNLU, Lucknow.

SUBMITTED TO:

SUBMITTED BY :

MR. RADHESHYAM PRASAD

AVANI JAIN

ASSISTANT PROFESSOR

B.A.LL.B. (A) I SEM.

Dr. RMLNLU

R. NO. 47

INTRODUCTION
Art. 12 of the Constitution of India defines a State as
In this part, unless the context otherwise requires, the State includes the Government and
Parliament of India and the Government and the Legislature of each of the States and all
local or other authorities within the territory of India or under the control of the Government
of India
Art. 300 of the Constitution of India defines
The Government of India may sue or be sued by the name of the Union and the Government
of a State may sue or be sued by the name of the State and may, subject to any provisions
which may be made by Act of Parliament or of the Legislature of such State enacted by virtue
of powers conferred by this Constitution, sue or be sued in relation to their respective affairs
in the like cases as the Dominion of India and the corresponding Provinces or the
corresponding Indian States might have sued or been sued if this Constitution had not been
enacted
(2) If at the commencement of this Constitution
(a) any legal proceedings are pending to which the Dominion of India is a party, the Union of
India shall be deemed to be substituted for the Dominion in those proceedings; and
(b) any legal proceedings are pending to which a Province or an Indian State is a party, the
corresponding State shall be deemed to be substituted for the Province or the Indian State in
those proceedings

HYPOTHESIS
This project deals with the liability of a state or a government, where the action is done either
by the officials of the government or by the state as a whole, and where the question of the
liability of the state and protection of the rights of the citizens arises. The basic question of
this project is primarily to decide, the cases where the state or the government can be said to
be sovereign institutions- to decide if they are liable or not for their actions.

BIBLIOGRAPHY
Websites:
1.
2.
3.
4.

www.wikipedia.com
www.manupatra.com
www.ssconline.com
www.indiankanoon.com

Books:
1. Law of Torts by R. K.Bhangia
2. Law of Torts by Ratanlal and Dheerajlal
3. Law of Torts by P.S.A.Pillai