article 12 constitution

CSIR is state – 19 April 2002, it is an important case. iv) If a department of government is transferred to a corporation. 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. 19(1) and Art.31(1) contains the rights which are available against the state not against the private individual. It cannot include authorities or person natural or juristic such as university unless it is maintained by the state. 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. The word ‘State’ under Article 12 has been interpreted by the courts as per the changing 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. body is an agency of instrumentality of government – ii) Existence of deep and pervasive state control. 12 the bodies specially named are the Government of Union and States and the Legislature of Union and states and local authorities. They evolved the Doctrine of Instrumentality. But every instrumentality of the Government is not necessarily a‘Government Department’. Article 12. Art. Singh following the decision of Supreme Court held that ‘Patna University’ is a ‘state’. Case Laws Relating To Other Authorities 95, 1994.) In this case the decision given by Madras High Court in Santa bai’s case was, following the decision of Supreme Court held that ‘Patna, Romana Dayaram Shetti V/s The International Airport Authorities of India. c) Other Authorities- ... 12. So it means the ‘state’ under art. 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. 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. 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 is therefore an action of these bodies that can be challenged before the courts as violating the fundamental rights. 12 of the constitution. Article 12 in The Constitution Of India 1949 12. 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. It means a person or body exercising power to command in the context of Art. WHETHER ‘STATE’ INCLUDES JUDICIARY?  A company The State shall promote the preferential use of Filipino labor, domestic materials and locally produced goods, and adopt measures that help make them competitive. du 18 avril 1999 (Etat le 1 er janvier 2021) Préambule. The corporation is meant only for the purpose of providing road transport services and has no element of popular representation in its constitution. iii) Functional character being governmental in essence. various different viewpoints of different judges in giving those judgements or different law Le Président de la République peut, après consultation du Premier ministre et des Présidents des Assemblées, prononcer la dissolution de l'Assemblée nationale. Orders, regulations, bye-laws, notification etc. 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. 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. The Constitution of India has defined the word ‘State’ under Article 12, for the purpose of Part-iii and Part-iv. In the case of Calcutta State Transport Corporation v. Commissioner of Income-tax, 13(2) or any other provision concern fundamental rights, has an expansive meaning. 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. But In. The word ‘State’ under Article 12 has been interpreted by the courts as per the changing, times. 12 amended Nov. 8, 1994, by Prop. But every instrumentality of the Government is not necessarily a‘Government Department’. 19(1) and Art.31(1) contains the rights which are available against the state not against the private individual. Article 12 of the Constitution of the Republic of Singapore guarantees to all persons equality before the law and equal protection of the law. It was not necessary that the statutory authority should be engaged in performing government or sovereign functions. There is no common feature running through the various bodies, which have been 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. Constitution fédérale de la Confédération suisse. 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 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. The point it began it judicial function it does not violate any fundamental right and cannot be taken as “State”. 3) All local or other authorities within the territory of India. 13(2) or any other provision concern fundamental rights, has an expansive meaning. Citizenship 3. 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. 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. Orders, regulations, bye-laws, notification etc. It was not necessary that the statutory authority should be engaged in performing government or sovereign functions. The S.C. held that the bye-laws of Muncipal Committee charging a, Madras H.C. held that ‘other authorities’ could not only indicate authorities, governmental or sovereign functions. 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. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. 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. 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. Supreme court held that Art. 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. 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. A portion of the 12th Amendment was changed by the 20th Amendment. 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 … “STATE”. 1) The Government and Parliament of India that is Executive and Legislature of the Union. Sec. 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. 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. important term in context to Article 12 i.e. 1) The Government and Parliament of India that is Executive and Legislature of the Union. 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. It states that: It states that: “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.” In the case of, ‘State of West Bengal vs Subodh Gopal Bose (1954 AIR 92)’ the SC observed that the object of Part-iii is to provide protection to the rights … The interpretation of Article 12 becomes very important as fundamental rights can be enforced only against the state. Art. Through various case laws & their judgements given by The Court and also through 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” THE CONCEPT OF STATE UNDER ARTICLE 12 OF THE INDIAN CONSTITUTION. Disclaimer: This Constitution may not be the most recent version. WHETHER THE STATE ITSELF CAN CLAIM OR ENFORCE A FUNDAMENTAL RIGHT The new rules took effect for the 1804 presidential electionand have governed all subsequent presidenti… Section 13. The executive Power shall be vested in a President of the United States of America. 2) The Government and Legislature of each states. The corporation is meant only for the purpose of providing road transport services and has no element of popular representation in its constitution. In Art. Article 12 ARTICLE XII Officers. There is no common feature running through the various bodies, which have been. Private bodies having no statutory power, not being supported by a State act. 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. 4) All local and other authorities under the control of the Government of India. 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. held to be covered by the expression ‘other authorities’. Ground Floor, Sky Lark Building, 35, Nawal Kishore Road, Hazratganj, Lucknow, Uttar Pradesh, 226001. 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. The expression refers to- 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. Ratified June 15, 1804. Through various case laws & their judgements given by The Court and also through, various different viewpoints of different judges in giving those judgements or different law, writers in their books or law scholars or law students is what which has gained wider, meaning for the term ‘other authorities’ and there is a need now to finally define this, important term in context to Article 12 i.e. 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. governmental or sovereign functions. Judiciary in India to be included under the ambit of ‘State’ arose in the case of, which observed that "while exercising the rule making. the State” includes the Government and Parliament of India and the Government and the Legislature of each States and all local or other authorities within the territory of India or under the control of the Government of India[ii The tests were laid down by P.N. The rights secured are the necessary consequence of the declaration contained in the Preamble to the Constitution. 4) All local and other authorities under the control of the Government of India. meaning for the term ‘other authorities’ and there is a need now to finally define this 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. Thereby a court may be sued for a violation of the fundamental right to the extent governmental or sovereign functions. a) Authorities – 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. 12 the bodies specially named are the Government of Union and States and the Legislature of Union and states and local authorities. What does Article 12 of the Constitution mean? The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. GENERAL LAWS FOR CREATION OF PRIVATE CORPORATIONS AND PROTECTION OF PUBLIC AND STOCKHOLDERS. 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. Section 12. (Sec. only till it is performing its administrative function. ii) Existence of deep and pervasive state control. 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. In P. D. shamdasani V/s Central Bank of India. The court in Romana Dayaram Shetti V/s The International Airport Authorities of India, The tests were laid down by P.N. In University of Madras V/s Santa Bai. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution.

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