Abstract
This paper examines the position regarding Constitutional Torts and payment of compensation for the violation of Constitutional Rights in the U.S.A., in order to provide a comparative framework for contextualising the introduction of the same in India. Further, the paper outlines the policy rationales for waiving governmental immunity, examines the different approaches to governmental liability in the U.S.A., and traces the genesis and fruition of an analogous device in India under Article 32 of the Constitution for redressing victims of State excesses, by examining judicial pronouncements on the same. Finally, it highlights certain persistent doubts raised on a scrutiny of the judicial evolution of compensatory jurisprudence in the area of Constitutional infractions by the State, outlines the inconsistencies in judicial thought, and seeks to provide guidelines to remedy such inconsistencies.
Recommended Citation
Rao, Sushila
(2006)
"Constitutional Rights Violations and Compensatory Jurisprudence in India and U.S.A.: Justifications and Critique,"
National Law School of India Review: Vol. 18:
Iss.
1, Article 7.
Available at:
https://repository.nls.ac.in/nlsir/vol18/iss1/7
