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Example
Case laws
Exceptions / limits
Indian vs English position
Opposite / Related
Exam tip
Memory trick
Key takeaway
Rex non potest peccare
| Literal meaning | The King can do no wrong |
|---|---|
| Pronunciation | rex non POH-test pek-KAH-ray |
In old English law the ruler could not be sued in his own courts for wrongs, because the ruler was held incapable of wrong. It is the old base of sovereign immunity.
Example
In old English law a person injured by a servant of the Crown could not sue the Crown itself.
Case laws
- Kasturi Lal v. State of U.P. (1965), Supreme Court: the State was held not liable for a tort committed by its servants in the course of sovereign functions.
Exceptions / limits
India has not accepted this maxim in full. The State can be held liable for the wrongful acts of its servants, except for sovereign functions.
Indian vs English position
English law has since allowed suits against the Crown by statute. In India, Article 300 of the Constitution deals with suits against the Union and States.
Exam tip
Asked with sovereign immunity and Kasturi Lal.
Memory trick
King's crown cannot be sued: old rule, now much reduced.
Key takeaway
The old idea of royal immunity has been cut down in India.
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