P & O Steam Navigation Co. vs Secretary of State case summary
Facts:
The case involved a collision between a steamship owned by the P & O Steam Navigation Company and a government-owned warship. The P & O Company sought compensation from the Secretary of State for the damage caused by the negligence of the crew of the warship.
Issues:
1. Whether the British Government, represented by the Secretary of State, could be held liable for the negligent actions of its employees (the crew of the warship).
Legal act:
The principle of "sovereign immunity," where the state or sovereign cannot be sued in its own courts without its consent, was the central issue. However, the case also tested the boundaries of governmental liability in the context of negligent acts.
Argument:
The court ruled that the state could not be sued without consent, emphasizing the doctrine of sovereign immunity. The government was not held liable for the negligence of its servants (the crew of the warship) because the action was carried out in the exercise of sovereign functions. This case established the basis of the sovereign immunity principle in India.
Judgment:
The decision underscored the concept of sovereign immunity, limiting the liability of the state for negligent acts performed in the exercise of sovereign functions. It laid down the legal foundation that the government could not be held accountable for actions done in the exercise of its sovereign power without express consent.
-Anushka Shekhewat
Manipal University, Jaipur
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