Legal maxim

The maxim “Rex Non-potest peccare” is a latin term which means “the king can do no wrong”. It is also known as the doctrine of Sovereign immunity. This means that sovereign or the state can do no wrong and should be protected from civil and criminal suits. During ancient times, we see that the word of the King was law and, in those times, to prosecute the King would be defying the laws of the God, thus this maxim came into use. This maxims also means that the King will not be responsible for any actions of his subordinates. In India, this maxim finds a very limited role and it is left to the discretion of the Court to decide the use of this maxim keeping in mind the Constitution of India. Article 300 of the Indian Constitution says that the Government of India can be sued or can sue by the name of Union of India. However, Section 83 of the Civil Procedure Code (CPC), 1908 finds its use. It says that an Indian is not allowed to sue any foreign state except after taking permission from the Indian State.

State of Maharashtra v. Czechoslovak Airlines

In this case, the immunity given by Section 83 of CPC was not followed since the transaction which was done under this case was not covered under Section 83, CPC.

Peninsular & Oriental Steam Navigation Co. v. Secretary of State

In this case, the Court defined the difference between the sovereign and non-sovereign acts of the East India Company and accordingly immunity was provided.

Kasturi Lal v. State of Uttar Pradesh

In this case, the Court held that arrest, seizure and abuse of Police power come under sovereign functions and are thus protected through the maxim of Rex Non-potest peccare.

State of Andhra Pradesh v. Challa Ramakrishna Reddy

In this case, finally, the Court held that there was no poitnt differentiating between the Sovereign and non-sovereign functions of the State, since this maxim has become obsolete and needs to be invalid.