LIABILITY OF STATE: A COMPARATIVE STUDY OF VARIOUS COUNTRIES UNDER ADMINISTRATIVE LAW

This research offers an in-depth comparative analysis of the liability of the state under administrative law in India, with parallels drawn from comparable jurisdictions. The concept of state liability is crucial to holding governments accountable for wrongful acts or omissions, which directly affect citizens. In India, this principle has evolved through judicial interpretations and is subject to various limitations under the doctrine of sovereign immunity.

This exploration investigates the historical development of state liability in India and contrasts it with approaches in countries like the United Kingdom, the United States, and France. By examining these comparative models, the paper seeks to understand the commonalities and divergences in how administrative law holds governments accountable for their actions.

Particular attention is given to the distinction between sovereign and non-sovereign functions in Indian law, and how courts have interpreted this distinction in key cases. The article further discusses the role of public interest litigation and the judiciary in expanding the scope of state liability.

Finally, the study proposes reforms aimed at enhancing the accountability mechanisms in Indian administrative law, while drawing lessons from other countries to ensure an effective framework for protecting citizens’ rights.