the official act which violates the fundamental rights of the citizens, would make the State liable

The   State   acts   through   its   functionaries.   Therefore,   the official act of a Minister which violates the fundamental rights of   the   citizens,   would   make   the   State   liable   under constitutional tort. The principle of sovereign immunity of the 25(1997) 1 SCC 35 26(2014) 9 SCC 1 27(2004) 2 SCC 9 18 State for the tortious acts of its servant, has been held to be inapplicable in the case of violation of fundamental rights. The principle of State liability under Constitutional tort was expounded in Nilabati Behera  (supra). In Common Cause, A Registered Society  vs.  Union of India.28 , the position in the case of a public functionary was explained.