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Article 12 - definition of State under the constitution of India

Courtesy/By: Sarah Wilson | 2020-11-07 12:01     Views : 287

“Unless the context otherwise requires, the term 'State' includes the following - executive and legislature of Union and States; all local or other authorities within the territory of India or under the control of the government

  • According to article 12, an authority is a body that has powers to make laws, bye-laws, etc, and to enforce them.
  • Other authorities of article 12 are used to mention the legislature of the union, state, and all other local authorities; however, this is not the ejusdem generis rule, as it cannot be categorized in 1 single category.

Cases that defined the term 'state'

In the case of Rajasthan electricity board v. Mohan Lal The issue was whether REB can be considered as other authority?. it was held that all authorities created by constitution and statutes are other authorities. Therefore, REB is another authority for this matter. In this case, the following organizations were considered as other authority, ONGC, LIC, INDUSTRIAL FINANCE CORPORATION. All three organizations can make their own rules and regulations to regulate the conditions of service of their employees and it will have the power of law. They are said to have delegated legislation. In the case of Sukhdev Singh v. Bhagatram  A much broader interpretation to the term other authorities were given by justice KK Mathew, that in a welfare state, the government must employ various other agencies or instrumentalities which are not created by statutes. In the case of RD Shetty v. International Airport Authority of India. the issue was whether IAAI can be considered other authorities for art 12. it was held that The court laid down the following tests:

State mainly or chiefly contributed to the financial resources.

  • Deep and pervasive State control e.g. appointment and removal of members
  • of society etc.
  •  Functions of the corporation are of public importance i.e. governmental in Essence.
  •  If a government department is transferred to a corporation.
  •  The corporation enjoys monopoly status which is State-conferred.

In Som Prakash v. Union of India, the issue was whether Bharat petroleum corporation is the state? it was held The expression of other authorities is not confined to statutory corporations alone, but also to government companies, registered societies, or bodies that have a nexus with the government. In the University of madras v. Santa bai, the question arose whether the university comes under other authorities? the court held that Ejusdem generis was applied(same kind of function) and held that only such authorities that are doing governmental and sovereign functions and include other factors of article 12 can be called other authorities. In Ajay hasia v. Khalid Mujib. the issue was whether the registered society is the state?

  • the court held that since it had,
  • entire composition determined by the government members and could be appointed and terminated by the government.
  • entire capital provided by the government for this society.
  • all rules and regulations are approved by the government.
  • society had to comply with all the directions from the government.

Therefore, it was held to have deep and pervasive control over the society, hence it was considered other authority.

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. 

Courtesy/By: Sarah Wilson | 2020-11-07 12:01