State of Rajasthan v. Vidyawati
Rule established
State is vicariously liable for torts of its servants committed in non-sovereign functions; no justification for government immunity in a welfare state.
Facts
- Government jeep driven by government driver negligently hit Vidyawati's husband, causing fatal injuries
- Vidyawati sued State of Rajasthan for damages
- State argued sovereign immunity ("King can do no wrong")
- Driver was performing official duty (taking an officer for inspection)
Issue
- Whether the State is vicariously liable for the negligent driving of its servant during performance of official duty.
Held
- Driving a government vehicle is not a "sovereign function"; it is an activity that any private employer could perform
- For non-sovereign functions, the State is liable exactly as any private employer (vicarious liability)
- In a welfare State, no justification exists for the government to escape liability that any ordinary employer bears
- Sovereign immunity confined to acts done in exercise of sovereign (inalienable) power
- Vidyawati awarded damages
Ratio Decidendi
When a government servant commits a tort while performing duties that are not exclusively sovereign in nature (not defense, foreign affairs, or acts of State), the government stands in the position of an ordinary employer and is vicariously liable. The welfare State performs numerous functions indistinguishable from private activity; it cannot claim immunity for wrongs committed during such functions.
How to use it in an exam
- Part A: State vicariously liable for non-sovereign function torts.
- Part B: Contrast with Kasturi Lal (1965) where sovereign immunity applied (police custody = sovereign function). Then show how Nagendra Rao (1994) narrowed the sovereign immunity doctrine further.
- Key line: "In the welfare State, if the State is to escape liability for torts committed by its servants, it would make a mockery of the Rule of Law."
Source
Source: AIR 1962 SC 933; Massey, Administrative Law; Sathe, Administrative Law
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.