Case Laws Relating To Local Authorities In Art. It is not necessary that statutory authority should be engaged in performing governmental or sovereign function. Madras H.C. held that ‘other authorities’ could not only indicate authorities of like nature that is ejusdem generic. It cannot include authorities or person natural or juristic such as university unless it is maintained by the state. 13(2) or any other provision concern fundamental rights, has an expansive meaning. Judiciary in India to be included under the ambit of ‘State’ arose in the case of Naresh v. State of Maharashtra which observed that "while exercising the rule making powers the judiciary is covered by the expression state with Art.12 but while performing its judicial functions it is not so included." It cannot include authorities or person natural or juristic such as university unless it is maintained by the state. In Premji Bhai Panwar v. Delhi Development Authority (DDA) the Delhi Development Authority, a statutory body, has been held to be a ‘local authority’ because it is constituted for the specific purpose of development of Delhi according to plan which is ordinarily a municipal function. Judiciary in India to be included under the ambit of ‘State’ arose in the case of Naresh v. State of Maharashtra which observed that "while exercising the rule making powers the judiciary is covered by the expression state with Art.12 but while performing its judicial functions it is not so included." In University of Madras V/s Santa Bai. the Delhi Development Authority, a statutory body, has been held to be a ‘local authority’ because it is constituted for the specific purpose of development of Delhi according to plan which is ordinarily a municipal function. Constitution fédérale de la Confédération suisse. His Lordship was obliged to assert this proposition as a concomitant of his major conclusion that the Union may acquire the property of a State Government by making a law of compulsory acquisition under Article 31 (2) gives rise to a right to compensation in favour of the expropriated owner which should logically belong to the State when property belonging to it is compulsorily acquired by the Union. Bhagwati, J. for determining whether a, body is an agency of instrumentality of government –. In State of West Bengal v. Union of India, SINHA, C.J., for the majority, set forth a proposition that under the Indian Constitution fundamental rights may be claimed not only by individuals and corporations but sometimes also by the State. only till it is performing its administrative function. (1) Everyone has the right to freedom and security of the person, which includes the iv) If a department of government is transferred to a corporation. The expression of “other authorities is so wide in itself that it could have covered all authorities created by constitution or state on whom power are conferred by law. Section 12. Judiciary in India to be included under the ambit of ‘State’ arose in the case of, which observed that "while exercising the rule making. it has been held that the Indian council of Agricultural research is a state within the meaning of Art. The rights secured are the necessary consequence of the declaration contained in the Preamble to the Constitution. West Bengal  Supreme Court refused to characterize the corporation as a ‘local authority’. held to be covered by the expression ‘other authorities’. Article 12 in The Constitution Of India 1949 12. They evolved the Doctrine of Instrumentality. Hence Dock Labour Board is a local authority.19 But a “Gram Panchayat” does not come within the ambit of ‘local authority’.Under section 3(31) of General clauses Act. Merely because a non-governmental body exercise some public duty it is not sufficient to hold it as a state for purposes of Article 12. The executive Power shall be vested in a President of the United States of America. Sec. Private bodies having no statutory power, not being supported by a State act. Electricity Board, Rajasthan v. Mohan Lal case. 12 of the constitution and therefore its employees can approach the High Courts or the Supreme Court to enforce their fundamental rights of equality. 12 of the constitution and therefore its employees can approach the High Courts or the Supreme Court to enforce their fundamental rights of equality. In this supreme court by 7:5 majority overruled its old judgement delivered in 1975 and held that Council of Scientific and Industrial Research (CSIR) is a state within the meaning of Art. Court rejected the restrictive, interpretation of expression ‘other authorities’ given by the Madras H.C. and held that ejusdem generic rule could not be resorted to in interpreting this expression. It refers to authorities other than those of local self-Government, who have the power to make rules, regulations, etc., having the force of a law. The court in Romana Dayaram Shetti V/s The International Airport Authorities of India So it means the ‘state’ under art. Its powers and functions bear no relation to the powers and functions of a municipal committee.It is more in the nature of a trading corporation. His Lordship was obliged to assert this proposition as a concomitant of his major conclusion that the Union may acquire the property of a State Government by making a law of compulsory acquisition under Article 31 (2) gives rise to a right to compensation in favour of the expropriated owner which should logically belong to the State when property belonging to it is compulsorily acquired by the Union. CSIR is state – 19 April 2002, it is an important case. An authority set up under a statute for the purpose of administering a law enacted by the legislature, including those vested with the duty to make decisions in order to implement them. Hon’ble Supreme Court held since the State is today distancing itself from commercial activities and concentrating on governance rather than business, situation prevailing at the time when, was decided is not in existence and there is no need to further expand the scope of “other authorities”, WHETHER THE STATE ITSELF CAN CLAIM OR ENFORCE A FUNDAMENTAL RIGHT. Every type of public authority, exercising statutory powers, whether such powers are governmental or quasi-governmental or non-governmental and whether such authority is under the control of Government or not, and even though it may be engaged in carrying on some activities in the nature of trade or commerce. Supreme Court of India came up with more broad and liberal interpretation of “other authorities” so as to include all those bodies or instrumentalities which are though not created by the constitution or by a statute of government. It replaced the procedure provided in Article II, Section 1, Clause 3, by which the Electoral College originally functioned. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Section 13. CSIR is state – 19 April 2002, it is an important case. 95, 1994.) The interpretation of “other authorities” has seen a drastic change. The word ‘State’ under Article 12 has been interpreted by the courts as per the changing, times. If it was taken into the head of ‘State’, then as per the article, it would be by the obligation that the fundamental rights of the citizens should not be violated. The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. In SM.IIyar V/s ICAR it has been held that the Indian council of Agricultural research is a state within the meaning of Art. So it could only mean authorities exercising. Ratified June 15, 1804. California may have more current or accurate information. it means authorities like Municipalities, District Board, Panchayats, Improvement Trust and Mining settlement Board. WHO ALL COMES UNDER THE AMBIT OF OTHER AUTHORITIES? The Supreme Court by a majority judgement held that the Board of Control for Cricket in India (BCCI) is not a ‘State’ or ‘authority’. Premji Bhai Panwar v. Delhi Development Authority (DDA. ) In USA it is well-settled that the judiciary is within the prohibition of the 14th Amendment.42 The judiciary, it is said, though not expressly mentioned in Article 12 it should be included within the expression ‘other authorities’ since courts are set up by statute and exercise power conferred by law. The point it began it judicial function it does not violate any fundamental right and cannot be taken as “State”. ... 12. But In Ujjammbai V/s State of U.P. The expression of “other authorities is so wide in itself that it could have covered all authorities created by constitution or state on whom power are conferred by law. It refers to authorities other than those of local self-Government, who have the power to make rules, regulations, etc., having the force of a law. iii) Functional character being governmental in essence. Section 1. Hence Dock Labour Board is a local authority.19 But a “Gram Panchayat” does not come within the ambit of ‘local authority’.Under section 3(31) of General clauses Act. 1 et 2 de la LF du 12 juin 2009 sur la TVA; RS 641.20). There is no common genus running through these named bodies nor can these bodies so placed in one single category on any rational basis. Electricity Board Rajastan V/s Mohan Lal In this case the decision given by Madras High Court in Santa bai’s case was overruled and held university to be a ‘state’ further Patna High Court is in Umesh singh v. V.N. Article 12 of Indian Constitution states that: In this part, unless the context otherwise requires, the State includes the Government and Parliament of India and the Government and the Legislature of each of the State and all local or other authorities within the territory … The corporation is meant only for the purpose of providing road transport services and has no element of popular representation in its constitution. The Twelfth Amendment replaced Article II, Section 1, and Clause 3, which offered the original procedure by which the Electoral College was created and how it subsequently functioned. Part III of the Constitution is said to contain the Bill of Rights for the people of India. There is no common feature running through the various bodies, which have been. Article 12 ARTICLE XII Officers. Calcutta State Transport Corporation v. Commissioner of Income-tax. The State shall pursue a trade policy that serves the general welfare and utilizes all forms and arrangements of exchange on the basis of equality and reciprocity. No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States. This gives the judicial authorities the power to pronounce decisions which may be contravening to the Fundamental Rights of an individual. The State shall promote the preferential use of Filipino labor, domestic materials and locally produced goods, and adopt measures that help make them competitive. (1) There is a common South African citizenship. So it could only mean authorities exercising Laying down the propositions in Electricity Board, Rajasthan v. Mohan Lal case, the Supreme Court held that ‘other authorities’ would include all authorities created by the Constitution or statute on which powers are conferred by law. Art. The corporation is meant only for the purpose of providing road transport services and has no element of popular representation in its constitution. 3, Autorisez le dépot de cookies pour accéder à cette fonctionnalité, Version en vigueur depuis le 05 août 1995, Titre premier : De la souveraineté (Articles 2 à 4), Titre II : Le Président de la République (Articles 5 à 19), Titre III : Le Gouvernement (Articles 20 à 23), Titre IV : Le Parlement (Articles 24 à 33), Titre V : Des rapports entre le Parlement et le Gouvernement (Articles 34 à 51-2), Titre VI : Des traités et accords internationaux (Articles 52 à 55), Titre VII : Le Conseil constitutionnel (Articles 56 à 63), Titre VIII : De l'autorité judiciaire (Articles 64 à 66-1), Titre IX : La Haute Cour (Articles 67 à 68), Titre X : De la responsabilité pénale des membres du Gouvernement (Articles 68-1 à 68-3), Titre XI : Le Conseil économique, social et environnemental (Articles 69 à 71), Titre XI bis : Le Défenseur des droits (Article 71-1), Titre XII : Des collectivités territoriales (Articles 72 à 75-1), Titre XIII : De la Communauté.  A company Court rejected the restrictive, interpretation of expression ‘other authorities’ given by the Madras H.C. and held that ejusdem generic rule could not be resorted to in interpreting this expression.  Instrumentalities or agencies, of the Government and Government Departments. 12 of the constitution. 13(2) or any other provision concern fundamental rights, has an expansive meaning. Sec. Electricity Board Rajastan V/s Mohan Lal In this case the decision given by Madras High Court in Santa bai’s case was overruled and held university to be a ‘state’ further Patna High Court is in Umesh singh v. V.N. WHETHER ‘STATE’ INCLUDES JUDICIARY? Definition of State – Article 12 a) Authorities – “STATE”. Who is a ‘state’ is determined by the provisions of Article 12. iv) If a department of government is transferred to a corporation. There is no common genus running through these named bodies nor can these bodies so placed in one single category on any rational basis. 19(1). In P. D. shamdasani V/s Central Bank of India. These bye-laws in effect and in substance have brought about a total stoppage of the wholesale dealer’s business in the commercial sense. The Allahabad High Court in Arif Khan v. Branch Manager Mahindra Finance Sultanpur & Another, observed that writ of Mandamus cannot be issued to … ii) Existence of deep and pervasive state control. Ground Floor, Sky Lark Building, 35, Nawal Kishore Road, Hazratganj, Lucknow, Uttar Pradesh, 226001. Article 12 of Indian Constitution – Meaning of ‘State’ Posted by Admin on December 15, 2014 | Comment According to Article 12 of the Constitution of India, the term ‘State’ can be used to denote the union and state governments, the Parliament and state legislatures and all local or other authorities within the territory of India or under the control of the Indian government. i) Financial resources of the state is the chief funding source that is if the entire share capital of the corporation is held by the government.  Society registered under the Societies Registration Act,  Corporation set up under the State Financial Corporation Act, 1951. 2. Mohammad Yasin V/s Town Area Committee The S.C. held that the bye-laws of Muncipal Committee charging a prescribed fee on the wholesale dealer was an order by a State Authority contravened Art. So it means the ‘state’ under art. 2) The Government and Legislature of each states. 3) All local or other authorities within the territory of India. ‘Local Authority’ means an authority legally entitled to or entrusted by the Government with the control or management of a local fund. But In Ujjammbai V/s State of U.P. Supreme Court of India came up with more broad and liberal interpretation of “other authorities” so as to include all those bodies or instrumentalities which are though not created by the constitution or by a statute of government. ii) Existence of deep and pervasive state control. There is no common genus running through these named bodies nor can these bodies so placed in one single category on any rational basis. 12 the bodies specially named are the Government of Union and States and the Legislature of Union and states and local authorities. There is no common feature running through the various bodies, which have been But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quo… His Lordship was obliged to assert this proposition as a concomitant of his major conclusion that the Union may acquire the property of a State Government by making a law of compulsory acquisition under Article 31 (2) gives rise to a right to compensation in favour of the expropriated owner which should logically belong to the State when property belonging to it is compulsorily acquired by the Union. What does Article 12 of the Constitution mean? 12. word ‘authority’ means – the power to make laws. But every instrumentality of the Government is not necessarily a‘Government Department’. In SM.IIyar V/s ICAR it has been held that the Indian council of Agricultural research is a state within the meaning of Art. Art. Article 12 defines the term ‘state’ it says that-Unless the context otherwise requires the term ‘state’ includes the following –. Section 12. Every type of public authority, exercising statutory powers, whether such powers are governmental or quasi-governmental or non-governmental and whether such authority is under the control of Government or not, and even though it may be engaged in carrying on some activities in the nature of trade or commerce. it means authorities like Municipalities, District Board, Panchayats, Improvement Trust and Mining settlement Board. The expression refers to- But In. Res.Ch. The judiciary tries to include more and more bodies under the purview of the state so that more people can enforce their fundamental rights against it. 19(1) and Art.31(1) contains the rights which are available against the state not against the private individual. Article I, Section 1 Establishes the legislature -- Congress -- as the first of the three branches of government Article I, Section 2 Defines the House of Representatives Article I, Section 3 Defines the Senate Article I, Section 4 Defines how members of Congress are to be elected, and how often Congress must meet Article I, Section 5 Establishes … , the Supreme Court held that ‘other authorities’ would include all authorities created by the Constitution or statute on which powers are conferred by law. Article 12 (1) states that every citizen is entitled to – (a) the rights, privileges and benefits of citizenship, subject to the limits provided or permitted by this Constitution; and (b) a Kenyan passport and any document of registration or identification issued by the state to citizens. Article 12 - Constitution The Constitution of India has defined the word 'State' for the purpose of Part -III and Part - IV.  A non-statutory body, exercising no statutory powers is not ‘State’: Hon’ble Supreme Court held since the State is today distancing itself from commercial activities and concentrating on governance rather than business, situation prevailing at the time when, was decided is not in existence and there is no need to further expand the scope of “other authorities” It means a person or body exercising power to command in the context of Art. various different viewpoints of different judges in giving those judgements or different law Through various case laws & their judgements given by The Court and also through We have created an atmosphere for you to quickly grasp the complicated legal principles and apply the same into your real life - Into Legal World, Part III of the Constitution is said to contain the Bill of Rights for the people of India. Orders, regulations, bye-laws, notification etc. Orders, regulations, bye-laws, notification etc.  A private body or a company Singh following the decision of Supreme Court held that ‘Patna University’ is a ‘state’. ... (art. The rights secured are the necessary consequence of the declaration contained in the Preamble to the Constitution. In State of West Bengal v. Union of India, SINHA, C.J., for the majority, set forth a proposition that under the Indian Constitution fundamental rights may be claimed not only by individuals and corporations but sometimes also by the State. Its powers and functions bear no relation to the powers and functions of a municipal committee.It is more in the nature of a trading corporation. 12 of the constitution. In University of Madras V/s Santa Bai. 12 gives an extended significance to the term ‘state’ occurring in art. A portion of the 12th Amendment was changed by the 20th Amendment. times. governmental or sovereign functions.  Private bodies having no statutory power, not being supported by a State act. Javascript est desactivé dans votre navigateur. CREATION OF PRIVATE CORPORATIONS BY GENERAL LAWS ONLY. 1. 4) All local and other authorities under the control of the Government of India.  Corporation set up under the State Financial Corporation Act, 1951 12 includes executive as well as legislative organ of union and states. Supreme Court refused to characterize the corporation as a ‘local authority’.   Nos documents .doc — 13 déc. The Constitution of India has defined the word ‘State’ under Article 12, for the purpose of Part-iii and Part-iv. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. meaning for the term ‘other authorities’ and there is a need now to finally define this which to enforce those laws. The Twelfth Amendment (Amendment XII) to the United States Constitution provides the procedure for electing the president and vice president. PRIVATE CORPORATIONS. important term in context to Article 12 i.e. In P. D. shamdasani V/s Central Bank of India Supreme court held that Art. The rights secured are the necessary consequence of the declaration contained in the Preamble to the Constitution. The Twelfth Amendment to the United States Constitution outlines the necessary procedure for electing the President and Vice President. writers in their books or law scholars or law students is what which has gained wider These bye-laws in effect and in substance have brought about a total stoppage of the wholesale dealer’s business in the commercial sense. which to enforce those laws. THE TEXAS CONSTITUTION. held to be covered by the expression ‘other authorities’. 3) All local or other authorities within the territory of India. Madras H.C. held that ‘other authorities’ could not only indicate authorities of like nature that is ejusdem generic. The tests were laid down by P.N. CONCLUSION Case Laws Relating To Other Authorities The scope of Article 12 is increasing day by day to provide justice to people whose fundamental rights are vi… STATE AS NON-GOVERNMENTAL BODIES Article 12 defines the term ‘state’ it says that-Unless the context otherwise requires the term ‘state’ includes the following – 1) The Government and Parliament of India that is Executive and Legislature of the Union. governmental or sovereign functions. Definition In this part, unless the context otherwise requires, the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or P… It is therefore an action of these bodies that can be challenged before the courts as violating the fundamental rights.

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