DEVELOPMENT OF DOCTRINE OF SOVEREIGN IMMUNITY IN

ENGLAND AND INDIA

ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILLMENT OF THE COURSE

TITLED –

ADMINISTRATIVE LAW

ACADEMIC SESSION – 2017 - 2022

SUBMITTED TO:

Dr. FATHER PETER LADIS F./ Dr. SYED ALI MOHAMMAD

FACULTY OF ADMINISTRATIVE LAW

SUBMITTED BY:

DEEPTANGSHU KAR

B.A., LL.B. (Hons.)

ROLL NO.: 1723

SEMESTER- 5th
 INTRODUCTION:

Sovereign immunity is essentially “A government’s immunity from being sued in its own
courts without its consent." Sovereign immunity has been enshrined under the British
Common Law principle of rex non potest peccare i.e. the king can do no wrong.

The concept finds its roots in the belief that that the King of England, who ruled by divine
right, could do no wrong. As a result, with certain narrowly defined exceptions, the courts
would not allow a lawsuit against the king. This concept of sovereign immunity was later
brought to the Indian colonies by the English settlers, and it became ingrained in our law as
well.

In its simplest terms, sovereign immunity is the immunity from suit enjoyed by government
entities. The early ideas regarding sovereign immunity had their philosophical underpinnings
in the writings of Bodin, Austin, and Hege.

In 1577, Bodin wrote:

“It is the distinguished mark of the Sovereign that he cannot in anyway be subject to the
commands of another.”

An attempt has been made in this paper to understand the history of this doctrine i.e. its
origin, understanding and applicability in earlier times, both in England and in India.

RESEARCH QUESTIONS:

1. What does the doctrine of sovereign immunity entail?

2. How the doctrine of sovereign immunity evolved in the UK?
3. How the doctrine of sovereign immunity evolved in India?
4. What is the difference in the way this doctrine evolved in both these countries?

HYPOTHESIS:
The researcher will seek to establish that doctrine of sovereign immunity has very distinct
trajectories in India and the UK and they do not intersect.
CHAPTERIZATION:

 INTRODUCTION
 DOCTRINE OF SOVEREIGN EVOLUTION: A PRIMARY UNDERSTANDING
 JOURNEY OF DOCTRINE OF SOVEREIGN IMMUNITY IN THE UK
 JOURNEY OF DOCTRINE OF SOVEREIGN IMMUNITY IN INDIA
 COMPARATIVE ANALYSIS OF THE TRAJECTORY OF EVOLUTION OF THIS
DOCTRINE IN THESE TWO COUNTRIES
 CONCLUSION AND SUGGESTION
 BIBLIOGRAPHY