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Parens patriae

Term
Constitutional
Literal meaningParent of the nation
PronunciationPAH-renz PAH-tree-eye

The State acts as guardian of those who cannot protect their own interests, such as children and persons of unsound mind.

Example

The court takes over the care of a child whose parents are fighting over custody, and decides in the child's interest.

Case laws
  • Charan Lal Sahu v. Union of India (1990), Supreme Court: the Court held that the Government of India, as parens patriae, could represent the victims of the Bhopal gas disaster.
Exam tip

Asked with child custody and mass disasters.

Memory trick

State as parent.

Key takeaway

The State protects those who cannot protect themselves.

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