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2.One such recommendation was made by the first Law Commission as early as in 1956. When the first Law Commission submitted its reports, Report No.1 titled “Liability of the State in Tort” and recommended to the Central Government to enact the law covering the field of liability of State in Tort, the said recommendation has not been enacted as law, inspite of the judgments of the Hon’ble Supreme Court. In the case of Municipal Corporation of Delhi, Delhi Vs. Uphaar Tragedy Victims Association and others reported in 2011 (14) SCC 481 in paragraph 109, the Hon’ble Supreme Court pointed out about the lack of legislation, regarding tortious claims against States and need for a comprehensive legislation in dealing with the tortious liability of the States and its instrumentalities and hoped and trusted that utmost attention would be given by the legislature for bringing in appropriate legislation to deal with claims in public law for violation of fundamental rights therein to its citizens at the hands of the State and its officials. Subsequently in Vadodara Municipal Corporation V. Purshottam V. Murjani and others reported in (2014) 16 SCC 14 again the Hon’ble Supreme Court reiterated the necessity for a comprehensive legislation dealing with the tortious liability of the State and its instrumentalities and referred the matter to Law Commission for further necessary action. Inspite of the recommendations made by the Hon’ble Supreme Court about a decade ago in 2011 and thereafter in 2014, the https://www.mhc.tn.gov.in/judis/ Government has not taken the recommendations positively and enacted a comprehensive legislation.

"109. Need for a comprehensive legislation dealing with tortious liability of the State and its instrumentalities has been highlighted by this Court and the academic world on various occasions and it is high time that we develop a sophisticated jurisprudence of public law liability. Due to lack of legislation, the courts dealing with the cases of tortious claims against the State and its officials are not following a uniform pattern while deciding those claims, and this at times leads to undesirable consequences and arbitrary fixation of compensation amount.

29.Neither the legislature acted fast in the past in accepting the recommendations of Courts nor they would do so in the present time or in future. In view of that, left with no other go, this Court is compelled to give a direction, which is not to direct the Parliament to legislate a comprehensive act in the field of tortious liability of the State or its employees, but a direction to take necessary action, including policy decision, which would result in enactment of a legislation covering the field “Tortious liability of the State” as recommended by the first Law Commission and as reiterated by the Hon’ble Supreme Court on various occasions.

30.In other countries also, especially, USA and UK there is a comprehensive legislation. The UK enacted statute called the “Crown Proceedings Act, 1947” which enables the citizens to approach the Court to enforce tortious liability against the crown. Similarly, USA has enacted statute called “Federal Torts Claims Act 1946” wherein, the U.S. Government is not liable for any tort committed in discharge of statutory duty as long as the duty was performed by its official with due care. India is a common wealth country, mostly following the British laws/Acts and there should not be any problem in https://www.mhc.tn.gov.in/judis/ following it by having a comprehensive Act covering the field of tortious liability of the State as in England and United States of America to bring a comprehensive legislation.