For our studentsConstitution of India

LawpreneurzConstitution of India

STATE

The authorities and instrumentalities functioning within or without territory of India shall be deemed to be "state" for purpose of Part III of Constitution of India if they satisfy characterstics of State as defined in Article. The authorities and instrumentalities specified in A.12 are:


1. GOVERNEMENT AND PARLIAMENT OF INDIA
  • - includes legislative and executive wings of union
  • - Self explanatory
2. GOVERNMENT AND LEGISLATURE OF EACH OF STATES
  • -includes legislative and executive wings of state
  • -self explanatory
3. ALL LOCAL AUTHORITIES
  • - authorities like Municipalities, Distt Boards, Panchayats, [Port tRusts etc.]
  • - Rashid Ahmed v. Municipal Board, Kairana
4. OTHER AUTHORITIES
  • 1. University of Madras v. Santa Bai (1954, Madras High Court)
  • 2. Devdas v. Karnataka Engineering College (1964, Karnataka High Court)
  • 3. Krishna Gopal v. Punjab University (AIR 1966 Punjab High Court) – Principle of "egusdem generic"
  • i) Ujjambai v. State of Uttar Pradesh (1962 SC) – The Supreme Court rejected restrictive approach, common genus principle was applied.
  • ii) Electricity Board Rajasthan v. Mohanlal (AIR 1967 SC 1857) – Egusdem generic principle finally rejected new principle which was more wide, was given. Term "law" has been given wide connotation to include even "common law".
  • 4. Rajasthan Electricity Board Case – left doubt between terms "by the law" and "under the law" which was clarified in Sukhdev Singh v. Bhagat Ram (AIR 1975 SC) – "LIC, ONGC, Indian Finance Corporation created by special statutes was "State ".
  • 5. Airport Authority case – R.D. Shetty v. International Airport Authority (AIR 1979 SC 1628) – Tests laid down for Article 12.
  • 6. Som Prakash Rekhi v. Union of India (AIR 1981 SC 212) – Bharat Petroleum Corporation Registered under company's Act is 'State'.
  • 7. Ajay Hasia v. Khalidmujib (AIR 1981 SC 487) – Bhagwati J. – The inquiry has not to be made as how but, as to why the juristic person has been created. Final six tests laid down by Bhagwati J.
  • 8. Chandra Mohan Khanna v. NCERT [(1991) 4 SCC 578]
    Test laid down by Bhagwati J. was reiterated but observed that Article 12 cannot be stretched so as to bring each and every autonomous body which has some nexus with the government under the sweep of Article 12.
Whether fundamental rights available against private persons.
  • P.D. Shmdasani v. Central Bank of India Ltd. (AIR 1952 SC 59)
  • Vidya Verma v. Shiv Narayan (AIR 1956 SC 108)
  • State of West Bengal v. Subodh Gopal Bose (AIR 1954 SC 92)
  • M.C. Metha v. Union of India (1987) 1 SCC 395
  • M.C. Metha v. Kamal Nath (AIR 2000 SC 197)
  • Vishakha v. State of Rajasthan (AIR 1997 SC 3011)
WHETHER JUDICIARY IS STATE?
  • Prem Chand Garg v. Excise Commissioner (AIR 1963 SC 996): In exercise of non-judicial function, judiciary is a state.
  • State of Bihar v. Bal Mukund (AIR 2000 SC 1296): "Supreme Court cannot issue a writ to a High Court of competent jurisdiction". The real remedy is to go in appeal to Supreme Court and when Supreme Court is involved remedy lies in its review jurisdiction. (Gajendragadkar C.J.)
  • Khoday distilleries Ltd. v. Registrar General, Supreme Court of India (1996) 6 SCC 114: Petition under Article 32 against the final orders of the court under Article 136, reviewed under Article 137, is not maintainable.
  • L. Chandra Kumar v. Union of India (AIR 1997 SC 1125): "unless the judicial decisions are without jurisdiction, they cannot be challenged in writ proceeding.
  • Keshvananda Bharti case (Mathew J.): The words "state" used in directive principles of State policy under Article 36, would bind judiciary as much as the legislative and the executive.

Lawpreneurz Details of Constitution of India

Sr No. Topics
Lecture 1 Article - 13
Lecture 2 Article - 13(1)
Lecture 3 Article - 14
Lecture 4 Preamble NCK
Lecture 5 State NCK
Lecture 6 Article - 19
Lecture 7 Article - 20
Lecture 8 Legislative Relations between Center and State
Lecture 9 Financial Relations Between Center And State
Lecture 10 Administrative Relations Between Center And State
Lecture 11 Amendment and Basic Structure Doctrine
Lecture 12 The Union Judiciary

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Shipra DhankerTopper for Delhi Judicial Services 2019