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
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
from the definition of "enterprise" which are related to sovereign
function of the State i.e. atomic energy, currency, defence and space ... perform some sovereign functions, while other
functions performed by it, and the activities undertaken by it, may not refer to
sovereign functions. The exemption under
industries; or
(6) any activity of the Government relatable to
the sovereign functions of the Government
including all the activities carried on by the
departments ... reasons, be kept
out of the scope of industry. For instance, sovereign
functions of the State cannot be included although what
such functions
issue
will be said to non-arbitrabale as they relate to sovereign
functions of the State. Further, violation of criminal law is
offences against ... arbitrable as they fall within the ambit of sovereign
functions and do not have any commercial and economic
value.
For ready reference, paragraph
Court rendered in Vidya Drolia versus Durga Trading
Corporation6 :
"50. Sovereign functions of the State being inalienable and non-
delegable are non-arbitrable ... granted by the
State. Correctness and validity of the State or sovereign functions
cannot be made a direct subject-matter of a private adjudicatory
process
vehemently contended that since the passport officer is performing a sovereign function; and passport is not a commodity, which can be purchased or sold ... natural justice, the same has absolutely no concern whatsoever with the sovereign function of the State and as such, covered under the ambit of Consumer
before us. When the government employee has the responsibility to conduct sovereign functions of the state, he cannot be said to be a service provider ... sovereign function. This is part of their administrative functions which they were required to perform for a prescribed fee. This function, therefore, cannot be called
registration of
trademarks are exclusive matters falling within
the sovereign or government functions and
have erga omnes effect. Such grants confer
monopoly rights. They ... arbitrable as they fall within the ambit
of sovereign functions and do not have any
commercial and economic value. The decisions
have erga omnes effect
Antrix Corporation Ltd. vs Devas Multimedia Private Limited on 29 August, 2022
Author: Sanjeev Sachdeva
