Trace Your Case

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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