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Test: Doctrine of Sovereign Immunity - Judiciary Exams MCQ


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20 Questions MCQ Test Civil Law for Judiciary Exams - Test: Doctrine of Sovereign Immunity

Test: Doctrine of Sovereign Immunity for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Doctrine of Sovereign Immunity questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Doctrine of Sovereign Immunity MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Doctrine of Sovereign Immunity below.
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Test: Doctrine of Sovereign Immunity - Question 1
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How does the doctrine of sovereign immunity impact legal accountability within a sovereign state?

Detailed Solution for Test: Doctrine of Sovereign Immunity - Question 1
The doctrine of sovereign immunity eliminates legal accountability for state actions by shielding the sovereign state from civil lawsuits, criminal prosecutions, and legal liability. This legal principle essentially protects the state from being held liable for any wrongful actions it may commit, providing a level of immunity from certain legal consequences. This has significant implications for how legal accountability is applied within a sovereign state.
Test: Doctrine of Sovereign Immunity - Question 2
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What historical influence contributed to the concept of sovereign immunity in India?

Detailed Solution for Test: Doctrine of Sovereign Immunity - Question 2
The concept of sovereign immunity in India finds its roots in the British common law system introduced during the colonial rule. This legal framework considered the King and his representatives immune from legal actions, which influenced the development of sovereign immunity in India.
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Test: Doctrine of Sovereign Immunity - Question 3
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Why did Indian courts face pressure to reconsider the doctrine of sovereign immunity over time?

Detailed Solution for Test: Doctrine of Sovereign Immunity - Question 3
Indian courts faced pressure to reconsider the doctrine of sovereign immunity to align with modern legal standards. As legitimate claims for damages were being rejected under sovereign immunity, there were calls to adapt to evolving legal principles and ensure fair compensation for victims.
Test: Doctrine of Sovereign Immunity - Question 4
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How did Indian legal reforms impact the scope of sovereign immunity?
Detailed Solution for Test: Doctrine of Sovereign Immunity - Question 4
Indian legal reforms gradually restricted the scope of sovereign immunity to prevent unjust denials of legitimate claims. The Law Commission of India recognized the necessity to abolish this outdated doctrine to conform with evolving legal principles, leading to a gradual restriction of its application.
Test: Doctrine of Sovereign Immunity - Question 5
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Why did Indian courts gradually restrict the scope of sovereign immunity?
Detailed Solution for Test: Doctrine of Sovereign Immunity - Question 5
Indian courts gradually restricted the scope of sovereign immunity to align with evolving legal principles. Sovereign immunity, once a widely accepted doctrine, saw limitations imposed by the courts to prevent unjust denials of legitimate claims. This shift reflected a growing recognition of the need to adapt legal doctrines to modern societal expectations and legal needs.
Test: Doctrine of Sovereign Immunity - Question 6
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What obstacle did efforts to pass a bill eliminating sovereign immunity face in India?
Detailed Solution for Test: Doctrine of Sovereign Immunity - Question 6
Efforts to pass a bill eliminating sovereign immunity in India faced obstacles in the form of legislative stagnation. Despite the recognition of the outdated nature of the doctrine by the Law Commission of India, the legislative process encountered hurdles, leading to continued reliance on judicial interpretation. This challenge underscored the complexities involved in reforming legal doctrines deeply entrenched in the legal system.
Test: Doctrine of Sovereign Immunity - Question 7
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How were the courts in India involved in determining the compatibility of sovereign immunity with modern legal needs?
Detailed Solution for Test: Doctrine of Sovereign Immunity - Question 7
The courts in India were tasked with determining the compatibility of sovereign immunity with modern legal needs and societal expectations. This responsibility highlights the judiciary's role in interpreting and applying legal principles that are in line with contemporary norms and expectations. Such assessments play a crucial role in shaping the legal landscape and ensuring that legal doctrines evolve to meet the needs of a changing society.
Test: Doctrine of Sovereign Immunity - Question 8
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What pivotal case is credited with tracing back the doctrine of sovereign immunity in India?
Detailed Solution for Test: Doctrine of Sovereign Immunity - Question 8
The doctrine of sovereign immunity in India can be traced back to the pivotal case of P & O Steam Navigation Company v. Secretary of State. This case marked a significant moment in Indian legal history where the court deliberated on distinguishing actions under "sovereign authority" from those falling outside sovereign functions. It set the foundation for understanding the scope of sovereign immunity in the country.
Test: Doctrine of Sovereign Immunity - Question 9
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Which case challenged the State's immunity after a fatal accident caused by a government driver, ultimately holding the State liable?
Detailed Solution for Test: Doctrine of Sovereign Immunity - Question 9
The case of State of Rajasthan v. Vidyawati posed a challenge to the State's immunity after a fatal accident caused by a government driver. This case resulted in a ruling that held the State liable, indicating a shift in the application of sovereign immunity in situations involving negligence by government employees. It serves as a notable example where the State's immunity was not upheld in the face of compelling circumstances.
Test: Doctrine of Sovereign Immunity - Question 10
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What historical provision forms the basis for the liability of the Government of India and the Governments of the States, comparable to that of the East India Company before 1858?
Detailed Solution for Test: Doctrine of Sovereign Immunity - Question 10
The historical provision that establishes the liability of the Government of India and the Governments of the States, akin to that of the East India Company before 1858, is Section 65 of the Government of India Act, 1858. This provision laid the groundwork for the liability framework that continues to influence legal decisions regarding state liability and sovereign immunity in India.
Test: Doctrine of Sovereign Immunity - Question 11
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What does Article 300 of the Indian Constitution primarily address?
Detailed Solution for Test: Doctrine of Sovereign Immunity - Question 11
Article 300 of the Indian Constitution focuses on the liability of the State. It delineates the procedure for initiating legal proceedings against or by the Government and specifies the manner in which the Union of India or a State can be involved in legal matters concerning its affairs. The provision empowers the Parliament or the legislature of a State to enact laws related to the subject matter covered by Article 300(1).
Test: Doctrine of Sovereign Immunity - Question 12
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What historical legislation laid the groundwork for Article 300 of the Indian Constitution?
Detailed Solution for Test: Doctrine of Sovereign Immunity - Question 12
Section 65 of the Government of India Act, 1858, is the historical legislation that established a significant precedent for the liability of the Government of India and the Governments of the States. This section paved the way for the development of the concept of government liability, which eventually found expression in Article 300 of the Indian Constitution.
Test: Doctrine of Sovereign Immunity - Question 13
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What crucial principle did the court establish in the case of Nilabati Behra v. State of Orissa regarding compensation for violations of fundamental rights?
Detailed Solution for Test: Doctrine of Sovereign Immunity - Question 13
The court in the case of Nilabati Behra v. State of Orissa established the crucial principle that public law claims for compensation for violations of fundamental rights are distinct from the remedies available in private law. This distinction emphasizes the separate and independent nature of seeking compensation through constitutional remedies for human rights violations, in addition to pursuing traditional private law damages for wrongful acts. This ruling underscored the importance of providing avenues for individuals to seek redress for breaches of their fundamental rights through constitutional means.
Test: Doctrine of Sovereign Immunity - Question 14
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What crucial legal principle was established by the court in the case of Nilabati Behra v. State of Orissa regarding compensation for violations of human rights and fundamental freedoms?
Detailed Solution for Test: Doctrine of Sovereign Immunity - Question 14
The court in the case of Nilabati Behra v. State of Orissa established the crucial legal principle of a Public Law Claim for Compensation. This concept allowed individuals to seek compensation for violations of their fundamental rights through constitutional remedies, separate from private law damages for tortious actions. It acknowledged a remedy for the enforcement and protection of human rights and fundamental freedoms.
Test: Doctrine of Sovereign Immunity - Question 15
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What significant change occurred in the Indian legal landscape post-1977 concerning cases of wrongful incarceration and custodial death?
Detailed Solution for Test: Doctrine of Sovereign Immunity - Question 15
After 1977, a notable change in the Indian legal landscape was observed regarding cases of wrongful incarceration and custodial death. Courts started awarding compensation to victims or their legal representatives, irrespective of the legality of the arrest or the cause of death. This shift meant that individuals could receive compensation for damages suffered, even if the arrest was found to be legal or if the death in custody resulted from abuse or gross negligence by police personnel.
Test: Doctrine of Sovereign Immunity - Question 16
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In cases of wrongful incarceration or custodial death, what significant change occurred in the Indian legal landscape post-1977 in terms of compensation?
Detailed Solution for Test: Doctrine of Sovereign Immunity - Question 16
Following 1977, a notable change in the Indian legal landscape regarding cases of wrongful incarceration and custodial death was that compensation started to be awarded to victims or their legal representatives irrespective of the legality of the arrest or the cause of the inmate's death. This shift ensured that victims or their families could receive compensation even if the arrest was found to be legal.
Test: Doctrine of Sovereign Immunity - Question 17
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What legal concept did the court emphasize regarding the public law claim for compensation under Article 32 and Article 226?
Detailed Solution for Test: Doctrine of Sovereign Immunity - Question 17
The court stressed the independence of the public law claim for compensation under Article 32 and Article 226 from the remedies available in private law for tortious actions. This distinction allowed individuals to seek compensation for violations of their fundamental rights through constitutional remedies in addition to pursuing traditional private law damages for wrongful acts.
Test: Doctrine of Sovereign Immunity - Question 18
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In which case did the court establish that the principle of sovereign immunity does not apply to public law remedies for the enforcement of fundamental rights?
Detailed Solution for Test: Doctrine of Sovereign Immunity - Question 18
The Nilabati Behra case marked a significant advancement in the legal framework by clarifying that the principle of sovereign immunity does not apply to public law remedies under Article 32 and Article 226 for the enforcement of fundamental rights. This decision allowed individuals to seek redress for violations through constitutional remedies, holding the government or its agents accountable for human rights abuses or wrongful actions.
Test: Doctrine of Sovereign Immunity - Question 19
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What did the court's decision in the Nilabati Behra case underscore regarding seeking compensation for violations of fundamental rights?
Detailed Solution for Test: Doctrine of Sovereign Immunity - Question 19
The Nilabati Behra case underscored the importance of protecting fundamental rights by clarifying that individuals could seek redress for violations through constitutional remedies. It highlighted the significance of ensuring that individuals have avenues to seek justice when their fundamental rights are violated, emphasizing the accountability of the government for human rights abuses or wrongful actions.
Test: Doctrine of Sovereign Immunity - Question 20
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Why did the High Court determine that sovereign immunity could not supersede constitutional provisions in the case?
Detailed Solution for Test: Doctrine of Sovereign Immunity - Question 20
The High Court concluded that sovereign immunity could not supersede constitutional provisions because an individual's right to life is fundamental and cannot be deprived except through due process of law. This decision emphasized the significance of upholding fundamental rights and holding the government accountable for any violations of these rights.
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