Debdeep Banerjee & Bijayini Namrata Patel, KIIT School of Law, KIIT Deemed to be University
ABSTRACT
A government’s immunity from being sued in its own courts without its consent is known as sovereign immunity. This has been developed under the maxim, “rex non potest peccare” a British common law principle which means that a king can do no wrong. The doctrine’s growth was affected by the immunity of the local governing bodies of England. This doctrine has been driven in the Indian legal system since the arrival of British rule. This had been brought along with several other ideologies, laws and cultures.
Sovereign immunity as a doctrine has been revised in today’s world, in Indian judiciary had to deal with the constraints which were imposed due to its own precedents, still the judiciary had been able to provide a coherent account of this doctrine. The Indian legal system’s attempt to bypass the constraints which had been taken upon itself due to the gradual evolution of new doctrines in the fundamental rights cases. This paper is going to acknowledge about the mechanism of immunity in Indian legal system with its various types. It will also discuss about the exceptions to it.
Keywords: Maxim, King, Constitution, Mechanism, Constraints.
Comments