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Liability of state Tortious & Contractual

Submitted to:- Submitted by:-

Dr. R.K. Yadav Amit singh

Dr. Aparna Singh (Professor) Roll no. 12

Section -A

B.A. LL.B.(Hons.)- Vth semester

The State liability for the acts of omission and commission committed by its servants, not
being a static concept, has been governed by written or unwritten laws. Liability of State for
the tortious acts of its servants known as tortious liability. of State makes it liable for the acts
of omission and commission, voluntary or involuntary and brings it before Court of Law in a
claim for non liquidated damages for such acts. This liability is also a branch of Law of Torts.
Law of Torts like various other laws has travelled to this country through the British in India
and now stands varied due to being regulated by certain local laws and Constitutional
provisions. Article 300 of the Constitution of India provides that State can sue or be sued as
juristic personality. It reads as under: "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 and may, subject to any provisions which may be made by Act of Parliament or of
the Legislature of such State enacted by virtue of powers conferred by this Constitution, sue
or be sued in relation to their respective affairs in the like cases as the Dominion of India and
the corresponding Provinces or the corresponding Indian States might have sued or been sued
if this Constitution had not been enacted."

In modern state, whatever be the form of government, the individual is affected in his
everyday life and in the exercise of his civil rights by acts of the State and its officials in
various spheres and in different ways. Some of these acts are done by the State as the
sovereign while others are done by the State in trading and other capacities in the same
manner as a private individual does.
Hence, the subject of government contracts has assumed great importance in the modern
times. In the modern era of a welfare state, government's economic activities are expanding
and the government is increasingly assuming the role of the dispenser of a large number of
benefits. Today a large number of individuals and business organisations enjoy largess in the
form of government contracts, licenses, quotas, mineral rights, jobs, etc. This raises the
possibility of exercise of power by a government to dispense largess in an arbitrary manner.
Therefore, there is a necessity to develop some norms to regulate and protect individual
interest in such wealth and thus structure and discipline the government discretion to confer
such benefits.

Constitutional provisions
Subject to the provisions of Article 299 (1), the other provisions of the general law of
contract apply even to the Government contract.

A contract with the Government of the Union or State will be valid and binding only if the
following conditions are followed: -
1) The contract with the Government will not be binding if it is not expressed to be made in
the name of the President or the Governor, as the case may be.
2) The contract must be executed on behalf of the President or the Governor of the State as
the case may be. The word executed indicates that a contract with the Government will be
valid only when it is in writing.
3) A person duly authorized by the President or the Governor of the State, as the case may be,
must execute the contract

Objective Of Study

What is the contractual and tortious liability under Articles 299 and 300 of the Indian
How will be encourage report on tortuous liability in India.
Analysis the modern aspect of contractual and tortuous liability.


A number of sources of information were consulted such as books, magazines,

etc.This project is purely doctrinal in nature as it is based on researches already
generated from the sources already researched.

Tentative Chapterization

Research Methodology
Objective Of The Research
Pro and cons of it.
Case Studies