that distinction between sovereign and non
sovereign powers has almost disappeared and the distinction between the
sovereign and non-sovereign functions depends upon the nature ... position to know the law definitely.
The old distinction between sovereign and non-sovereign functions or
governmental and non-governmental should no longer be invoked
State of Meghalaya and it is neither a
sovereign entity, nor does it perform any sovereign function as per the tests
laid down ... this Court, in the realm of sovereign function though
every governmental function need not be sovereign, the same has to be
examined on the circumstances
same is that the dichotomy of sovereign and non-sovereign functions does not really exist, it would all depend on the nature of power ... between sovereign and non-sovereign powers has largely disappeared.
13. The aforesaid shows that if we were to extend the concept of sovereign function
essential features of Sovereign functions:
a. Sovereign power is plenary and inherent in every sovereign State.
b. Sovereign functions are to be restricted to those ... sovereign in nature.
c. Every Governmental function is not necessarily sovereign.
d. Sovereignty/sovereign functions is difficult to define.
e. The nature of the bodies
benefit by the status.
(b) Notwithstanding the previous clauses, sovereign functions, strictly understood, (alone) qualify for exemption, not the welfare activities or economic adventures undertaken ... sovereign functions of the State cannot be included although what such functions are has been aptly termed 'the primary and inalienable functions
activity being covered therein, were not
covered within 'sovereign functions' of the State
and hence, they come within definition of industry ... function any sovereign function. The powers to function any
20
PSK,J&NNR,J
cea_04_2011
sovereign function are enjoyed only
observed that <the dichotomy of sovereign and non-
sovereign functions does not really exist 4 it would all depend on
the nature ... three functions, there may be some
other functions also regarding which a view could be taken that
the same too is a sovereign function
Court in various judgements has touched upon the dichotomy between
„sovereign‟ and „non-sovereign‟ functions.
W.P.(C) 8154/2005 Page 7 of 18
Signature ... sovereign". State activities are multifarious. From the primal
sovereign power, which exclusively inalienably could be
exercised by the Sovereign alone, which is not subject
doing
sovereign function before the CGIT and in any case
the function being discharged by the petitioner cannot
be treated as sovereign function ... sovereign function
and, therefore, it would qualify for exemption.
However, the function being discharged by the
petitioner cannot be treated as sovereign function
which would
sovereign" and "non-sovereign" and the modern system
of jurisprudence does not support the attribution of sovereign power or functions ... between the line
historically drawn by the courts between the sovereign and non-sovereign
functions of the State was pronounced in Agricultural Produce Market Committee
