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The Crown Proceedings Act, 1947 of England substantially altered the position on the Crown's tortious liability. According to the ICSI text, the impact of this Act on Indian law is:
Answer & Solution
Correct answer: A.
1. The ICSI text and *Kasturi Lal v. State of UP* observed: 'The doctrine of immunity which has been borrowed in India in dealing with the question of the immunity of the State, in regard to claims made against it for tortious acts committed by its servants, was really based on the common law principle which prevailed in England; and that principle has now been substantially modified by the Crown Proceedings Act, 1947.'
2. The Supreme Court added: 'It is time that the Legislatures in India seriously consider whether they should not pass legislative enactments to regulate and control their claim from immunity in cases like this, on the same lines as has been done in England by the Crown Proceedings Act, 1947.'
3. Article 300(1) preserves the right of Parliament or a State Legislature to enact such a law, but **'No law has so far been passed as contemplated by Article 300(1)'**.
4. So the position in India remains traced to the pre-1858 East India Company liability, awaiting legislative reform.
_Source: ICSI CS Executive — Lesson 6, Role of the State in Law of Torts + *Kasturi Lal*, pp. 143-145._
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