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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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