The Unreliable Law of State Liability in India

Liability is a nebulous term in law, it is defined and redefined by the courts several times. Generally anybody who committed a wrong is liable or responsible for the harm caused by that wrong and the burden of providing remedy for it naturally lies on the wrong-doer. Liability is thus a necessary bond between the wrong-doer and the remedy for the wrong committed. Originally the wrong-doer had to make good the loss suffered by others as a result of his wrong, only if he was at fault. He was believed to be at fault, if he entertained malice or evil intention and so caused the harm. Gradually courts made the wrong-doer pay damages for his reckless or negligent deeds, even when he had no intention to cause harm.