Public Law Compensation for Fundamental Rights Violations

Public law compensation is monetary relief awarded by a constitutional court when State action unlawfully violates a person's fundamental right to liberty. It is a judicially developed constitutional remedy, principally founded on Article 21 read with the enforcement powers of the Supreme Court and High Courts.

Constitutional basis

An unconstitutional arrest or detention violates the guarantee of life and personal liberty under Article 21. In preventive detention cases, non-compliance with the constitutional safeguards of Article 22 may also render the deprivation of liberty unconstitutional.

• The Supreme Court may grant appropriate relief under Article 32, while High Courts exercise their wider writ jurisdiction under Article 226.
• The power to enforce fundamental rights includes the power to fashion an effective remedy when mere release or declaration would not adequately redress the injury.

Judicial development of the remedy

In Rudul Sah v. State of Bihar, the Supreme Court awarded compensation for continued imprisonment after acquittal. Nilabati Behera v. State of Orissa firmly explained compensation as a public law remedy for established infringement of fundamental rights.

• In Bhim Singh v. State of Jammu and Kashmir, compensation was awarded for unlawful arrest and detention that prevented a legislator from attending the Assembly.
• In D.K. Basu v. State of West Bengal, the Court affirmed monetary compensation as an appropriate remedy for custodial violations of Article 21.

Nature and limits

The remedy rests on the State's public law liability for unconstitutional action by its officials. Sovereign immunity does not defeat this constitutional remedy because it would weaken the guaranteed right itself.

• Public law compensation is distinct from, and may be additional to, damages available through a private civil action.
• Its purpose is immediate constitutional redress and accountability, rather than a complete assessment of every private-law loss.
• The award depends on an established violation and the circumstances of the case; disputed claims may still require ordinary civil proceedings.