Development of Constitutional tort & Compensation to the victims

A ROUGH RESEARCH PROPOSAL SUBMITTED IN PARTIAL

FULFILLMENT OF THE COURSE CONSTITUTIONAL LAW-
I,SEMESTER V DURING THE ACADEMIC YEAR 2018-19

SUBMITTED BY:-
SHAMBHAVI

Roll No-1644,B.B.A.LL.B(hons)

SUBMITTED TO:-
Dr.Anirudha Prasad

Faculty Of Constitutional Law-I

AUGUST 2018

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR, PATNA

INTRODUCTION
The world over, a welfare state has been eulogized, resulting in a corresponding expansion of its
powers and functions, and greater encroachment into the domain of individual rights. Thus, the
extent and scope of action against the state for the imposition of state liability for rights
violations is increasing. Furthermore, it is an irrefutable principle of civil and criminal
jurisprudence that any individual who infringes the rights of another is to be punished, and
monetary compensation is to be granted in certain circumstances when the victim is adversely
affected by such infringement.2 Similarly, the State, which performs its functions through its
huge apparatus of employees, is also liable, with few exceptions, to pay monetary compensation,
whenever its employees contravene rights,3 more so in any country governed by the rule of law
and democracy. The State is thus liable for its employees' misdemeanors in the area of their
administrative functions.

The concrete manifestation of this principle may be seen in the genesis of the "Constitutional
Tort".

The term "Constitutional Tort" encompasses all claims for damages brought against government
officials for violating an individual's federal constitutional rights.

The doctrine has its genesis from the English Common Law maxim "The King can do no
wrong" and therefore, the King was not liable for the wrongs of its servants. But, in England the
position of old Common law maxim has been changed by the Crown Proceedings Act, 1947.
Earlier, the King could not be sued in tort either for wrong actually authorized by it or committed
by its servants, in the course of their employment. With the increasing functions of State, the
Crown Proceedings Act had been passed, now the Crown is liable for a tort committed by its
servants just like a private individual.

The question of tortuous liability of the state has raised many debates in the judicial arena.In
India there is no legislation , which governs the liability of the state for the tots committed by its
servants. It is article 300 of the Constitution of India,1950, which enumerates liability of the state
of Union in tortuous act of the government.

The research paper will further analyse about the doctrine & reproduce a concrete material with
respect to constitutional law.

OBJECTIVE OF THE STUDY

The objective of the researcher is:

 To know the nature & scope of the law of constitutional tort in India.
 To find out how it is applicable in the procedural law.
  To know the pros & cons of this law & how it can be used for the compensation to the
victims.

HYPOTHESIS

The state is not responsible for the acts of its servants.

RESEARCH METHODOLOGY

 Doctrinal method :- Books, internet, journals, judgements etc.

 Researcher is mainly relying on library based study.
 The researcher would like to follow doctrinal research methodology.

SOURCES OF DATA COLLECTION

Primary sources- judgements of apex court, provisions of Constitution of India , statute,

precedent & other official document.

Secondary sources- statement of judges, websites, articles, news paper, books, journals etc

LIMITATION & SCOPE OF THE STUDY

Due to lack of time, finance and lack of resources my research work is wholly based on doctrinal
method of research, my research work doesn’t rely on non-doctrinal research or empirical
research.

TENTATIVE CHAPTERIZATION

1.Introduction

2.Evoltution of the doctrine of Constitutional Tort

3.Rationale behind the development of the doctrine

4.Procedure in the Constitutional Law

6.Evaluation of the Constitutional law & Compensation to the victims

7.Conclusion
BIBLIOGRAPHY

Books:

1. Indian Constitutional Law-M.P Jain,seventh edition,lexisnexis

2.Indian Constitutional law – V.N Shukla, twelfth edition, Eastern Book Company

Websites

http://www.legalservicesindia.com/articles/dct.htm

https://www.lawyersclub.com/