In which of the following cases did the Supreme Court of India gave the ruling that sovereign immunity…
The ruling in "People's Union for Democratic Rights vs. State of Bihar" treats the State's sovereign immunity as yielding to the enforcement of Fundamental Rights, so…
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In which of the following cases did the Supreme Court of India gave the ruling that sovereign immunity of the State is subject to the Fundamental Rights?
Answer and explanation
Correct answer C
The ruling in "People's Union for Democratic Rights vs. State of Bihar" treats the State's sovereign immunity as yielding to the enforcement of Fundamental Rights, so immunity cannot be pleaded to defeat a Fundamental Rights claim, unlike the older approach in "Kasturilal Ralia Ram Jain vs. State of U.P."
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