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Article 12 (State and other authorities)

Electricity Board, Rajasthan v. Mohan Lal AIR 1967 SC 1857

ISSUE:

Whether the concerned authority fell within the meaning of a “state” under article 12 of the constitution?

RULE:

The term 'authorities' occurring in Art. 12 could only mean a person or a group of persons who exercise the legislative or executive functions of a State or through whom or through the instrumentality of whom the State exercises its legislative or executive power."

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Article 12 (State and other authorities)

Sukhdev v. Bhagatram AIR 1975 SC 1331

ISSUE:

Whether the Oil and Natural Gas Commission, the Industrial Finance Corporation, and the Life Insurance Corporation established under statutes of Parliament are authorities under Article 12 of the Constitution?

RULE:

Bodies like LIC and ONGC were created by statutes and had the statutory power to make binding rules and regulations, and were under the pervasive control of the Government. In light of these facts, and the combination of State aid and furnishing of an important public service by these corporations, made these corporations to be State under Art 12.

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Article 12 (State and other authorities)

R.D. Shetty v. Airport Authority AIR 1979 SC 1628

ISSUE:

What is the meaning of “Registered 2nd Class Hoteliers”? What category of persons fall within the meaning of this description?

Whether the acceptance of tender of the 4th respondent by the 1st respondent was invalid and liable to be set aside at the instance of the appellant?

RULE:

Article 12 of the Constitution of India - ‘State’.

Article 14 of the Constitution of India - ‘equality before the law’.

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Article 12 (State and other authorities)

Ajay Hasia v. Khalid Mujib AIR 1981 SC 487

ISSUE:

Whether the Regional Engineering College was within the ambit of ‘state’ as defined by Article 12 of the Constitution

Whether the admission process alleged here violated the right to equality enshrined under Article 14 of the Constitution?

RULE:

Article 14 of the Constitution of India.

Article 12 of the Constitution

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Article 12 (State and other authorities)

Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2002) 5 SCC 111

ISSUE:

Whether CSIR was a State within the meaning of Article 12?

RULE:

If in the light of the cumulative facts as established, the body is financially, functionally and administratively dominated by or under the control of the Government, such control must be particular to the body in question and must be pervasive.

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Article 12 (State and other authorities)

Zee Telefims v. UOI (2005) 4 SCC 649

ISSUE:

Whether Writ Petition against Board of Control for Cricket in India is maintainable?

Whether Board is a State within meaning of Art.12?

RULE:

Article 12 specifies that the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

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Article 12 (State and other authorities)

Rupa Ashok Hurra v. Ashok Hurra (2002) 3 SCC 388

ISSUE:

Whether an aggrieved person is entitled to any relief against a final judgment or order of the Supreme Court, after dismissal of Review Petition, either under Article 32 or otherwise?

RULE:

Section 13B of the Hindu Marriage Act, 1955 mandates that in case of divorce by mutual consent, there has to be a composite period of 18 months of separation — one year provided in Section 13B and, six months in Section 13B.

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Article 12 (State and other authorities)

Board of Cricket Control of India v. Cricket Association of Bihar and others [2015] 3 SCC 251

ISSUE:

Whether or not BCCI was ‘State’ under Article 12 of the Constitution of India and if not, whether it was amenable to the writ jurisdiction of the High Court under Article 226 of the Constitution of India?

Whether or not Amendment to Rule 6.2.4 of IPL regulations was, to the extent it permitted administrators to have commercial interest in the IPL, Champions League and Twenty-20 events, illegal.

RULE:

Article 12 specifies that the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

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Article 12 (State and other authorities)

Janet Jeyapaul v. SRM University 2015

ISSUE:

Whether a "Deemed University" that imparts education can be considered as a "State" against whom writ jurisdiction may be exercised?

RULE:

Part III of the Constitution confers fundamental rights to individuals that are integral and cannot be taken away by any State action. Nonetheless, these rights come with a catch, i.e., they can be availed only against a State and not private individuals. For the purposes of Part III, the term “State” has been defined under Article 12 and includes the Central Government, Parliament, State legislature, all local and other authorities.

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