Major Cases Raised Against Article 12 of the Indian Constitution
The following are some of the major cases raised against Article 12 of the Indian Constitution:
Rajasthan State Electricity Board v/s Mohanlal in 1967
In this case there was a dispute regarding the promotion between the Rajasthan State Electricity Board and some of the workmen during which Article 14 and Article 16 claims were raised. The main question which raised was if the Board fell under the purview of Part III of the constitution and if can be referred to as “State” under Article 12.
Justification of Court
In the case of Rajasthan Electricity Board v/s Mohanlal the Supreme court laid down the test for determining whether the bodies would come under the ambit of “other authorities”. The court held the following points mentioned below :
- If an authority has the power to issue directions and any offense that is against them is punishable by law.
- If an authority has the power to make rules that shall have a statutory effect.
- If an authority is an agency or instrumentality of state for carrying out such business or trade which otherwise would have been carried out by the state departments, such authorities would come within the ambit of “other authorities” and hence would be considered as “State”.
Sukhdev Singh vs Bhagatram in 1975
In this case of Sukhdev singh vs Bhagatram in 1975, the court had to decide whether Oil and Natural Gas Corporation (ONGC), Life Insurance Corporation of India (LIC) and International Finance Corporation (IFC) would come within the ambit of state under Article 12. It was found that a huge financial support was given to these agencies by the government and also that the Government had a high degree of control in the working of these organizations.
Justification of Court
The court, in this case, followed the test laid down by the court in the case of Rajasthan Electricity Board and these authorities to be “State” as they came within the meaning of “other authorities” under article 12.
Article 12 – Definition of State – UPSC Notes
Article 12 of the Indian Constitution defines the term “State” mentioned in the constitution. It includes the Central Government, the Parliament, the State Government, the State Legislature, and some other local authorities which will be considered “States” under the Constitution. In this article, we are going to discuss Article 12 of the Constitution, the definition of State under Article 12, and some major cases raised against Article 12 of the Indian Constitution.
Table of Content
- Article 12 of the Indian Constitution
- ‘State’ under Article 12 of the Constitution
- ‘Other Authorities’ under Article 12 of the Constitution
- Public Authority under Article 12 of the Indian Constitution
- Case Laws on Article 12 of the Indian Constitution
- Major Cases Raised Against Article 12 of the Indian Constitution
- Conclusion
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