been used in the course of the exercise of a sovereign function. Though such a defence was not taken before the Tribunal and the Tribunal ... sovereign power, that the immunity of the State for injuries on its citizens committed in the exercise of what are called the sovereign functions
learned counsel sought to make a distinction as between sovereign
function of the State and the Industrial activity also managed by the State,
to contend ... Disputes Act to the case on
hand on the ground of sovereign function of the state. In support of her
submissions, she placed reliance upon
Bangalore water
supply, case. Observed that "the dichotomy of sovereign and non-sovereign
function does not really exit - it would all depend ... three functions there may be
some others functions also regarding which a view could be taken that the
same too is a sovereign function
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
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
amenity, and so it is an essential part of the sovereign functions of the State as a Welfare State and it is not, therefore ... laid down in that decision, inter alia, that:
Sovereign functions strictly understood (alone) qualify for exemption, not the welfare activities or economic adventures undertaken
lorry, committed in the course of the exercise of its sovereign functions.
3. The Tribunal found that the appellant sustained grievous injuries as a result ... committed in the course of exercise of sovereign functions. In the event of the defendant being held liable, the Tribunal fixed the compensation payable
private rights and obligations. Even in regard to the exercise of sovereign functions, the immunity is subject to exceptions. As the Chief Justice points ... maintenance of the military road is done in the exercise of sovereign functions. The absence of any profit, the securing of the public benefit alone
department under the Government of Tamil Nadu and they are exercising sovereign functions of the State. The contesting respondents had worked in the department
made into to the
said economic policy, and the Government discharging sovereign functions, is
the authority to decide as to whether a new Secretariat ... Government. A Government elected by the
people and exercising the sovereign functions of the State is entitled to take
decisions regarding the location
