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Compensatory Jurisprudence Expr
Compensatory Jurisprudence Expr
TAPAJYOTI DEB
06LS192
ICFAI LAW SCHOOL, DEHRADUN
Compensation means Something (such as money)
given or received as payment or reparation (as for a
service or loss or injury)
Jurisprudence means The branch of philosophy
concerned with the law and the principles that lead
courts to make the decisions they do.
Judiciary has undertaken the task of protecting the
right to life and personal liberty of all the people
irrespective of the absence of any express
constitutional provision and of judicial precedents.
Regarding the liability of the State to pay
compensation for infringing Article 21, the Court
answered in the affirmative saying that if it were not
so, Article 21 will be denuded of its significant
content.
21. Protection of life and personal liberty.—No person shall
be deprived of his life or personal liberty except according to
procedure established by law.
32. Remedies for enforcement of rights conferred by this
Part.-(1) The right to move the Supreme Court by appropriate
proceedings for the enforcement of the rights conferred by this
Part is guaranteed.
226 .Power of High Courts to issue certain writs.—
habeas corpus, mandamus, prohibition, quo warranto and
certiorari,
Clause (1) of Article 300 of the Constitution provides first,
that the Government of India may sue or be sued by the name
of the Union of India and the Government of a State may sue or
be sued by the name of the State;
P. & O. Steam Navigation Co. Vs. Secretary of State --
Plaintiff met with an accident, caused by negligence
of the servants of the Government.
“King can do no wrong”, had no application to the
East India Company. Co. And secretary of India can
be sued.... Sec 65 of G.O.I act 1858
if a tort were committed by a public servant in the
discharge of sovereign functions, no action would lie
against the Government.
Kasturi lal case-- (a) The act was done in the purported
exercise of a statutory power.
(b) The act was done in the exercise of a sovereign
function.
Vidyawathi case --