Which of the following observation was not made by the court through J. S. Verma J. (as he then was) in Neelabati Bahera v. State of Orissa, AIR 1993 SC 1960?

Hi

option D is correct, Compensation is not ex gratia (i.e. gratuitous or discretionary). The Court emphasized that it is a legally enforceable obligation, not mere generosity from the State.

Correct answer is (D) Because compensation granted under articles 32 and 226 is not ex-gratia. The State is liable to pay compensation in violation of any fundamental right .
The Doctrine Of Sovereign Immunity is not applicable where the Fundamental right of a person is breached (in this case, Petitioner's son met a custodial death.)