Personal Liability in Administrative Action: Rethinking Accountability in the Age of E-Governance

The question of personal liability in administrative law lies at the intersection of public duty and private accountability. While Indian jurisprudence has progressively recognised State liability through constitutional torts, accountability of individual officials remains fragmented and inconsistent. This paper examines the doctrinal foundations of administrative liability in India, analysing how courts have balanced sovereign immunity with the need for redress in cases of mala fide action, gross negligence, and custodial excesses. It highlights emerging contexts, digital governance, pandemic mismanagement, and human rights violations that underscore the urgency of moving beyond institutional liability. Comparative perspectives from the UK, US, and EU illustrate contrasting approaches to official responsibility. The paper argues for a calibrated Indian framework that indemnifies bona fide action while imposing personal liability for abuse of power, thereby fostering both effective governance and citizens’ trust in administration.