(LL.M. Ph.D., NET) Assit. Professor Classic College of Law Bareilly, (Affiliated M.J.P Rohilkhand University, Bareilly)
JournalRVIMJ
Volume / Issue1 / 5
Pages120–126
Published15 Dec 2024
Paper IDRVIMJ15D240017
Views / Downloads2 / 1
Article summary
Abstract
This paper examines the emerging dimensions of State liability under Article 32 of
the Constitution of India. It analyses the Supreme Court’s expanding constitutional
role in protecting Fundamental Rights and developing effective remedies where
traditional writ remedies are inadequate. The decisions in Rudul Sah, Sebastian
Hongray, Khatri, Hussainara Khatoon, and People’s Union for Democratic Rights
demonstrate the Court’s willingness to impose monetary liability upon the State for
serious violations of constitutional rights. The paper particularly examines
compensation as a public law remedy, the scope of the Supreme Court’s remedial powers,
and the doctrine of sovereign immunity. It argues that effective remedies are essential
to make Fundamental Rights meaningful and to ensure State accountability under
the rule of law.
Keywords
Dimensionssovereign immunity Fundamental Rights.
Citation record
How to cite this article
Kamal Kishor (2024). Article 32 and the Emerging Dimensions of
State Accountability. Research Vidyapith International Multidisciplinary Journal, 1(5), 120–126. https://www.researchvidyapith.com/article/rvimj15d240017/article-32-and-the-emerging-dimensions-of-state-accountability
Kamal Kishor. “Article 32 and the Emerging Dimensions of
State Accountability.” Research Vidyapith International Multidisciplinary Journal, vol. 1, no. 5, 2024, pp. 120–126. https://www.researchvidyapith.com/article/rvimj15d240017/article-32-and-the-emerging-dimensions-of-state-accountability
Kamal Kishor. “Article 32 and the Emerging Dimensions of
State Accountability.” Research Vidyapith International Multidisciplinary Journal 1, no. 5 (2024): 120–126. https://www.researchvidyapith.com/article/rvimj15d240017/article-32-and-the-emerging-dimensions-of-state-accountability
Kamal Kishor (2024) ‘Article 32 and the Emerging Dimensions of
State Accountability’, Research Vidyapith International Multidisciplinary Journal, 1(5), pp. 120–126. Available at: https://www.researchvidyapith.com/article/rvimj15d240017/article-32-and-the-emerging-dimensions-of-state-accountability.
Kamal Kishor, “Article 32 and the Emerging Dimensions of
State Accountability,” Research Vidyapith International Multidisciplinary Journal, vol. 1, no. 5, pp. 120–126, 2024. https://www.researchvidyapith.com/article/rvimj15d240017/article-32-and-the-emerging-dimensions-of-state-accountability.
Kamal Kishor. Article 32 and the Emerging Dimensions of
State Accountability. Research Vidyapith International Multidisciplinary Journal. 2024;1(5):120–126. https://www.researchvidyapith.com/article/rvimj15d240017/article-32-and-the-emerging-dimensions-of-state-accountability.
Kamal Kishor. Article 32 and the Emerging Dimensions of
State Accountability. Research Vidyapith International Multidisciplinary Journal 2024, 1 (5), 120–126. https://www.researchvidyapith.com/article/rvimj15d240017/article-32-and-the-emerging-dimensions-of-state-accountability.
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See generally N.R.M. Menon, Public Interest Litigation: A Major Breakthrough in the Delivery of Social Justice, Vol. 9 (1982) JBCI, p. 150.
AIR 1983 SC 1086, hereafter “Rudul Sah”.
For the parameters within which this activism functions in relation to public interest litigation, see U. Baxi, Taking suffering seriously: Social Action Litigation in the Supreme Court of India, 8 & 9 Del. Law Rev. (1979 & 1980)
1981 (2) Scale 531.
This case actually consists of a series of interim orders reported in AIR 1979 SC pp. 1360, 1369, 1377, 1819.
AIR 1982 SC 1473,
1984 1 Scale 629, hereafter “Sebastian Hongray.”
See S.N. Jain, Money Compensation for Administrative Wrongs through Art. 32, 25 JILI (1983) p. 118.
AIR 1983 SC 1134.
The Armed Forces (Emergency Duties) Act 1947 has been extended to the State of Manipur.
See W.E. Dellinger, Of Rights and Remedies: The Constitution as a Sword, 85 Harv. Law Rev. (1971) p. 1532 at p. 1533.
See Marbury v. Madison 5 U.S. (1 Cranch) 137, 163.
Granville Austin, The Indian Constitution: Cornerstone of a Nation, p. 26.
See W.N. Hohfeld, Fundamental Legal Conceptions, (1913) 23 Yale L.J. 16.
See Prof. Julius Stone’s analysis of the Hohfeldian framework in J. Stone, Legal Sytem and Lawyer’s Reasoning, pp. 140-141
