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In the context of vicarious liability of the State, which of the following is a non-sovereign function?

Question and options

In the context of vicarious liability of the State, which of the following is a non-sovereign function?
  1. Carrying military jawans from the railway station to unit headquarters.
  2. Deployment of troops to repel an armed attack on the border.
  3. Distribution of meals to army personnel on duty.
  4. Checking army personnel on duty.

Answer and explanation

Correct answer: A - Carrying military jawans from the railway station to unit headquarters.
In Union of India v. Savita Sharma (AIR 1979 J&K 6), transporting military jawans from the railway station to unit headquarters was held to be a non-sovereign function because it could equally be performed by private transport, making the State vicariously liable. By contrast, distributing meals to army personnel on duty (Union of India v. Harbans Singh, AIR 1959 Punj 39), checking army personnel on duty (Baxi Amrik Singh v. Union of India, 1973 PLR 1), and deploying troops to repel an armed attack were held to be sovereign functions.

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