Question

Meaning and definition of non sovereign function

Answer 1

Answer:

The English Law clearly made distinction between the “Sovereign Functions” and “Non-Sovereign Functions”.

While performing a sovereign function, if any servant or agent of the Crown does any tortious act or breach of the contract, such agent or servant is riot held liable. In such cases, \he Doctrine of Defence to Sovereign Immunity applies.

While performing a non-sovereign function, if any servant or agent of the Crown does any tortious act or breach of the contract, such agent or servant is held liable. In such cases, the Doctrine of defence to Sovereign Immunity does not apply.

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How can an act be considered as a “sovereign Function” or a “Non-Sovereign Function”? The answer depends upon the circumstances of the cases. The facts of each case differs.

For Example, there are certain disturbances in a locality. The highest officer issues curfew orders and warns the people not to come into the streets.

The police are patrolling. A group of agitators throw the stones against the police. A police constable fires in the air.

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Answer 2

Explanation:

Sovereign functions are those actions of the State for which it is not answerable before the Court of Law. ... Sovereign functions are primarily inalienable functions, which the State only could exercise. The State is engaged with various functions, but all of them cannot be construed as primary inalienable functions.