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State (Article 12 )

The

Government and parliament of


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