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Under Indian law, the position on the State's liability in tort prior to the Constitution (which Article 300 carries forward) was based on Section 65 of the Government of India Act, 1858. That provision stipulated that the Secretary of State for India in Council:
Answer & Solution
Correct answer: C.
1. The ICSI text traces the chain of State liability for tort under Indian law back to Section 65 of the Government of India Act, 1858.
2. **Section 65 stipulated that all persons 'shall and may have and take the same suits, remedies and proceeding' against the Secretary of State in Council for India as they could have used against the East India Company.**
3. So the Secretary of State could be sued for non-sovereign acts in the same manner as the East India Company. *P. and O. Steam Navigation v. Secretary of State for India* (5 Bom HCR App 1) confirmed this.
4. Under Section 32 of the 1915 Act and Section 176 of the 1935 Act, the same chain was preserved — and Article 300(1) of the Constitution carries it forward, subject to any law made by Parliament.
_Source: ICSI CS Executive — Lesson 6, 'Role of the State in Law of Torts', pp. 130, 143._
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