-
- It defines the term ‘state’ for the purpose of Part III.
- It includes:
(a) Executive and legislative organs of the Union government.
(b) Executive and legislative organs of state government.
(c) All local authorities- municipalities, panchayats, district boards, improvement trusts, etc.
(d) All other authorities- statutory or non-statutory authorities like LIC, ONGC, SAIL, etc
Case laws
| Cases | Explanation |
|---|---|
| University of Madras v. Shanta Bai (1950) | Principle of ‘ejusdem generis’ i.e. ‘other authorities’ include authorities which perform governmental or sovereign functions. |
| Naresh Shridhar Mirajkar v. State of Maharashtra (1967) | Judiciary can be considered ‘state’ only when it performs administrative functions and not judicial functions. |
| R.D Shetty v. Airport Authority of India (1979) | ‘Test of Instrumentality’ • Funding- government or private • Function- have public importance or are of a governmental character. • Administration- Role of government in management or administration. • Control- Deep and pervasive control of the State. |
| Union of India v. R.C. Jain (1981) | For a body to be considered local authority under Article 12, must has- • A separate legal existence • Functions in a defined area • The power to raise funds on its own • Enjoys autonomy i.e., self-rule • Is entrusted by statute with functions |
| Zee Telefilms Ltd. And Anr. v. Union of India (2005) | BCCI is not a "State" within the meaning of Article 12 |
| Sanjaya Bahel v. Union of India (2019) | United Nations is not a "State" within the meaning of Article 12 |
