School Teachers' Association of Australia (supra) a distinction between sovereign and non-sovereign functions was categorised as regal and non-regal. The Court observed ... sovereign and non-sovereign powers has largely disappeared. Considering the argument as to whether all welfare activities extend to the concept of sovereign function
capital outlay. According to Dr. Sathe, the state had
assigned a sovereign function of collecting toll which was akin to a
tax. Thus having assigned ... such sovereign function the state cannot
dilute the assignment. According to learned senior counsel in the
alternative, the petitioners have a vested right to collect
capital outlay. According to Dr. Sathe, the state had
assigned a sovereign function of collecting toll which was akin to a
tax. Thus having assigned ... such sovereign function the state cannot
dilute the assignment. According to learned senior counsel in the
alternative, the petitioners have a vested right to collect
applicable since the petitioner is
Government Department and discharging its sovereign function. It is
further submitted that, if the definition of 'industry ... activities carried
out by the petitioner-department is not the sovereign function but those
activities are systematic activities other than sovereign function and
therefore
principle to particular cases. Sovereign powers are vested in the State in order that it may discharge its sovereign functions. The ultimate sovereign function ... sovereign power delegated to him, the proper test is whether it was necessary for the State for the proper discharge of its sovereign function
taken place in the course of the exercise of the sovereign function. Mr. Shah, learned Advocate appearing on behalf of the plaintiffs, urged that ... sovereign immunity" is not available to the defendant as at the time of the accident defendant 2 was not performing the sovereign functions
deceased Anthony Cardinho was in the exercise and discharge of the sovereign functions of the State and that the State Government had not authorised ... sovereign power. We find that even in Kasturi Lal's case, the Supreme Court while distinguishing "sovereign functions" and "non sovereign
sovereign". State activities are
multifarious, from the primal sovereign power, which exclusively
inalienably could be exercised by the sovereign alone, which is not
subject ... problem may
not even be regal/ non-regal or sovereign/ non-sovereign functions. While
exercising regal or sovereign functions, the State may be discharging
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 ... government or statutory bodies.(c)
Even in departments discharging sovereign functions, if there are units
which are industries and they are substantially severable, then they
petitioner/department,
can not be termed as part of sovereign function and, therefore, the
provisions of Industrial Disputes Act are not applicable. It is further ... carried out by the petitioner/department, is not
part of its sovereign function. Learned A.G.P. further submitted that
the Govt. Department discharging sovereign
