Article 12 of the Indian Constitution

INDIAN CONSTITUTION – PART III

FUNDAMENTAL RIGHT

Article 12 – States

State includes –> Government & Parliament of India

Government & Legislature of Each state

All other local authorities within the territory

India or under the control of govt. of India.

# What is local Authorities ?

Local authority are defined in sec. 3(31) of general classes Act so,

local self govt. bodies are local authority.

(Municipalities, District Board, Panchayats, Improvement trust etc.)

# What are other Authority ?

Other authority which are included in state is Dynamic so its answer

is interpreted by various case laws.

CASE University of Madras v/s shanta Bai.

The University of Madras was established under Madras University Act and

the question was whether it is included in state or not.

SC held that word used in Article 12 other authorities shall be ejusdem generis (of same kind ) with govt & legislature.

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Means before other authorities which are state have a nature of sovereign authority so other authorities shall also have nature.

Therefore Universities are not state.

CASE:- Ujjam Bai v/s state of U.P.(1961)

The logic of ejusdem generis are cancelled in this case as this approach is restrictive & article 12 category do not have anything common.

CASE:- Rajasthan Electricity Board v/s Mohan Lal.(1967)

In this case SC formulated new approach.

If any Body is created by law or under constitution then such body must have power to affect the FR so if any body have so much power then it Qualify as other authority and if is not necessary that such body shall perform govt sovereign functions.

See also  Freedom of Trade under the Constitution of India

So, Universities are state.

CASE:- RD Shetty v/s International Airport authority.(1979)

In this case airport authority has invited tenders and RD Shetty also applied for one of the tenders but due to some reason his tender was rejected.

Ques. – Whether Airport are state or not.

As the RD Shetty filled the case on the basis of infringement of FR.

It AA is not state then case on the basis of infringement of FR.

No SC observed that I AA is established under AAA 14 91 which is parliamentary Act and CG govt. had various powers to regulate such body (Chairman, other Member)

Capital amount for establishment of AA was also given by CG so SC held AA will be state under other authorities of Article 12.

Court held that whether it is private body but if govt. have usual degree of control and extra ordinary financial assistance then such private body shall be instrument or agency of state.

CASE:- SOM Prakash v/s VOI (1980)

This case give 5 criteria to determine whether body is a state or not.

1. Financial resources of the state being the Chi funding source.

2. Functional character being govt. in essence

3. Plenary control residing in govt.

4. Prior history of same activity being carried out by the govt. and made over the new body.

5. Some element of authority or command.

In this case bharat Petroleum which was in corporate under companies Act was also State.

CASE:- Ajay Hasia v/s Khalid Mujib (1981)

This case gave the determining test of whether body is state or not (6 Criteria)

  • Entire share Capital is held by govt.
  • Financial Assistance
  • Monopoly Status
  • Pervasive state control
  • Function of the Co-operation
  • Adoption of govt. is transferred to Co-operation

Author: Arpit Gangwar,
Invertis University/ bba LLB 3 year/student

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