This document discusses the definition of "state" and "other authorities" according to Article 12 of the Indian Constitution. It provides several tests used by the Supreme Court to determine if an entity constitutes a state authority, including whether it exercises governmental power, is an agency or instrumentality of the government, or is controlled by the government. Several specific cases are outlined where various government-linked organizations and bodies were ruled to be either state authorities or not based on these tests. The judiciary is generally not considered part of the state when performing judicial functions but may be covered when exercising rule-making powers.
Chrysler Corporation v. Fedders Corporation, Salvatore Giordano, SR., Salvatore Giordano, JR., Bruno Giordano, Ignatius MacBrinn and Howard S. Modlin, 670 F.2d 1316, 3rd Cir. (1982)
This document discusses the definition of "state" and "other authorities" according to Article 12 of the Indian Constitution. It provides several tests used by the Supreme Court to determine if an entity constitutes a state authority, including whether it exercises governmental power, is an agency or instrumentality of the government, or is controlled by the government. Several specific cases are outlined where various government-linked organizations and bodies were ruled to be either state authorities or not based on these tests. The judiciary is generally not considered part of the state when performing judicial functions but may be covered when exercising rule-making powers.
This document discusses the definition of "state" and "other authorities" according to Article 12 of the Indian Constitution. It provides several tests used by the Supreme Court to determine if an entity constitutes a state authority, including whether it exercises governmental power, is an agency or instrumentality of the government, or is controlled by the government. Several specific cases are outlined where various government-linked organizations and bodies were ruled to be either state authorities or not based on these tests. The judiciary is generally not considered part of the state when performing judicial functions but may be covered when exercising rule-making powers.
This document discusses the definition of "state" and "other authorities" according to Article 12 of the Indian Constitution. It provides several tests used by the Supreme Court to determine if an entity constitutes a state authority, including whether it exercises governmental power, is an agency or instrumentality of the government, or is controlled by the government. Several specific cases are outlined where various government-linked organizations and bodies were ruled to be either state authorities or not based on these tests. The judiciary is generally not considered part of the state when performing judicial functions but may be covered when exercising rule-making powers.
India. The Government and the legislature of each state. All local Authorities. Other authorities.
Authority :- means a person or body
exercising power to command. means the power to make laws, order, regulation ,bye- laws, notification etc. having the force of law and power to enforce those law Test laid down the supreme court : Ejusdem generis test. Statutory and non statutory test. Agency or instrumentality test
university of Madras v. Santa bai
AIR1954. The court held that other authorities indicate authorities of like nature i.e. ejusdem generis Which exercised governmental or sovereign power.
In ujjambai v. state of U.P. AIR 1962
The court noted that there is no common genus running through these named bodies nor these bodies can be placed in one single category on any rational basis.
Agency or instrumentality test:R.D. Shetty v. The International
airport authority of India AIR 1979 The court held that if a body is an agency or instrumentality of Government it may be an authority with in the meaning of state under Art.12. If the entire share capital of the corporation is held by government . Existence of deep and pervasive (tending to pass through every part) state control.
Function of the corporation are of public
importance . The corporation enjoys monopoly status which is conferred or state protected. The list is not exhaustive .
Zee telefilms ltd. v.UOI AIR 2005.
BCCI (Board of control for cricket in India ) is not financially ,functionally or administratively dominated by government nor it is under control of Government therefore not a state.
Government companies such as Bharat Earth
Movers ltd., Indian telephone industries ltd. In which the Government holds 51% share capital and which are subject to pervasive government control, have been held to be other authorities under Art.12.
The regional rural banks set up in pursuance of
the power given by a statute .
The state financial corporation constituted under
the state financial corporation Act 1951 has been held to be state within the meaning of art. 12 .
In G. Bassi reddy v. international
crops Research Instt. AIR 2003 SC 1764. It has been held that the international crop research institute is an international organization and has been set up as non profit research and training centre to help developing, countries to alleviate rural poverty and hunger in various ways is therefore, not a state within the meaning of Art. 12 of the constitution.
In satimbla sharma v. st. pauls senior
secondary ,school,AIR2011SC2926. Unaided minority schools over which the govt. has no administrative control due to their authority under Art.30(1) of the constitution are not state with in the meaning of Art.12
Whether judiciary is a state or
not
In the United States ,a judicial decision is included
in the concept of state action for the purpose of enforcement of the fundamental rights.
In rupa Ashok Hurra v. Ashok Hurra AIR
2002SC1771. a constitution Bench of five learned Judges of the Supreme Court Reaffirmed the foregoing observations and said to be settled position of law that the superior courts of justice did not fall within the ambit of state or other authorities under Art. 12.
The
rules framed under art. 145 ,the court
held ,were framed in the exercise of the delegated power of legislation, and the said power could not be exercised so as to effect the fundamental rights.
It
may thus be stated that judiciary while
exercising its rule making power would be covered by the expression state with in the meaning of Art. 12,but while performing its judicial function, it is not so included
Chrysler Corporation v. Fedders Corporation, Salvatore Giordano, SR., Salvatore Giordano, JR., Bruno Giordano, Ignatius MacBrinn and Howard S. Modlin, 670 F.2d 1316, 3rd Cir. (1982)