Meaning and Concept of Sovereign Functions
Sovereign functions refer to activities performed by the State using its supreme authority. The State carries out these functions to govern society and protect public interests. These functions include defence, law and order, justice administration, taxation, and foreign affairs. Only the State can perform these acts because they involve coercive power. Article 300 of the Constitution of India permits suits against the State, but it limits liability for sovereign acts. The law grants this protection to ensure smooth governance. If courts treat every sovereign act like a private act, governance would suffer. Therefore, the concept protects core State duties while allowing accountability in limited cases. Sovereign functions differ clearly from commercial or welfare activities. The State performs them for authority, not for profit.
Legal Basis and Judicial Interpretation
Indian courts have developed the concept of sovereign functions through case law. In Kasturi Lal v. State of Uttar Pradesh, the Supreme Court held that the State is not liable for acts done during sovereign duties like policing. Police arrest and seizure fall under sovereign power. Section 197 of the Code of Criminal Procedure, 1973 protects public servants from prosecution without prior sanction. Courts apply this section when officials act within official duty. Article 12 of the Constitution includes the State, but liability depends on the nature of the function. Courts deny immunity when the State performs business or welfare activities. This approach maintains balance between authority and individual rights.
Scope, Limitations, and Modern Approach
Courts no longer give absolute protection to sovereign functions. Judges now focus on constitutional rights and public accountability. When State action violates Article 21, courts grant compensation. Custodial deaths and illegal detention show this shift clearly. Police duties remain sovereign, but abuse of power attracts liability. Courts treat transport services, hospitals, and industries as non-sovereign. Negligence in these areas leads to State liability. The modern approach narrows sovereign immunity. It protects only essential government functions. This change strengthens democracy and the rule of law. The State now answers for wrongful acts more often than before.
Realtime Example
Police impose curfew to control riots in a city. They act under lawful authority to maintain public order. This duty qualifies as a sovereign function. If damage occurs despite reasonable force, courts may deny compensation. However, courts intervene when police use excess force. Victims then receive compensation for rights violations. Recent judgments on custodial violence show this approach. The courts protect citizens while respecting State authority. This example shows how law balances power and responsibility. Sovereign power does not allow misuse. Accountability remains essential.
Mnemonic to Remember Sovereign Functions
Use the mnemonic “D-JUST TAP” to remember sovereign functions easily. D means Defence of the nation. J means Justice through courts. U means Uniform taxation power. S means Security and police control. T means Treaties and foreign affairs. A means Armed forces administration. P means Prisons and punishment. This mnemonic covers core State powers. These functions require authority and control. Remembering this helps in exams and legal writing. It improves clarity and structure in answers.
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