Constitutional Tort

Recently, leading activists urged the Supreme Court to recognise hate speech as a constitutional tort, due to its discriminatory impact on fundamental rights.

  • Constitutional tort refers to a legal remedy under public law in which the State is held liable to pay compensation for violation of fundamental rights of individuals by its officials or agencies.
  • Constitutional tort is different from private tort because it is based on the violation of constitutional rights and not merely civil wrongs.
  • The doctrine of constitutional tort in India is not explicitly mentioned in the Constitution, but it has been evolved by judicial interpretation.
  • Legal foundations of constitutional tort ....
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