Hon'ble Mr.

Justice Bhuvaneshwar
Prasad Sinha

the 6thChief
6thChief Justice
Justice of
of India(October
India(October 1,
1, 1959
1959 -- January
January 31,
31,
the
1964)
1964)

He was
was educated
educated at
at theArrah
theArrah Zila
Zila School,Patna
School,Patna College
College
He
andPatna Law
Law College
College
andPatna
M.A. fromPatna
fromPatna Universityin
Universityin 1919
1919 and
and 1921.
1921.
M.A.

Vakil, Patna
Patna High
High Court,
Court, 192227
192227
Vakil,
Advocate, 192735
192735
Advocate,
Government Pleader
Pleader 193539
193539
Government
Assistant Government
Government Advocate,
Advocate, 194042
194042
Assistant
Judge, Patna
Patna High
High Court,
Court, 194351
194351
Judge,
Chief Justice,NagpurHigh
Justice,NagpurHigh Court
Court 195154
195154
Chief
Judge, Supreme
Supreme Court,
Court, December
December 1954
1954 September
September 30,
30,
Judge,
1959
1959

Hon'ble Mr. Justice Bhuvaneshwar Prasad

Sinha
Judgement given by Justice Bhuvaneshwar Prasad Sinha in
State of Rajasthan v. Vidyawati
The position of law, obtaining both prior and subsequent to 1858, the position obtaining
under Article 300 of the Constitution and the facts and circumstances leading to the
formation of the State of Rajasthan, were all reviewed by the Supreme Court inState of
Rajasthanv.Vidyawati, The act of the driver was not an act in the exercise of a sovereign
function. The Court said that the employment of driver of a jeep car for the use of a civil
servant was an activity which was not connected in any manner with the sovereign power
of the State at all. In this case, court rejected the plea of immunity of the State and held
that the State was liable for the tortious act of the driver like any other employer.

The Court has very aptly decided the instant case and formed a strong precedent for many
more cases that arose with respect to the vicarious liability of the state for the acts of its
employers.

The concept of sovereign immunity and the rule of King can do no wrong are no longer
applicable. The Crown proceeding Act removes such unlimited immunity in the common
law countries.

Hon'ble Mr. Justice Bhuvaneshwar

Prasad Sinha
Under the English Common Law the maxim was "The King
can do no wrong" and therefore, the King was not liable
for the wrongs of its servants. But, in England the position
of old Common law maxim has been changed by the
Crown Proceedings Act, 1947. Earlier, the King could not
be sued in tort either for wrong actually authorised by it
or committed by its servants, in the course of their
employment. With the increasing functions of State, the
Crown Proceedings Act had been passed, now the Crown
is liable for a tort committed by its servants just like a
private individual.

Hon'ble Mr. Justice Bhuvaneshwar

Prasad Sinha
Case Synthesis
The old common law doctrine of sovereign immunity is not applicable in
India. As provided by Art. 300,Parliament has the power to make a law
governing state liability. But till such time as any law is enacted, the state
can, in some cases, be held liable under contract and for tortious acts of its
employees like any other employer. But where an act is done, in the exercise
inalienable functions of state, i.e. sovereignpowers, there can be no liability
for the state arising out of such act. The liability of the state would arise only
in cases where the concerned act was done in furtherance of powers that
cannot be characterised a ssovereign powers.

Hon'ble Mr. Justice Bhuvaneshwar

Prasad Sinha
He also served as the president of the
Bharat Scouts and Guidesfrom April 1965 to February
1967.
A deeply religious man, following his retirement, Sinha led
a quiet life mostly devoted to spiritual pursuits, though he
did accept a number of private arbitration cases.
Becoming blind in his later years, he died in 1986

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