Article 12 of the Constitution does not specifically define ‘judiciary’. 12. word ‘authority’ means – the power to make laws. This Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled. WHO ALL COMES UNDER THE AMBIT OF OTHER AUTHORITIES? iv) If a department of government is transferred to a corporation. The point it began it judicial function it does not violate any fundamental right and cannot be taken as “State”. 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.” Article 12. important term in context to Article 12 i.e.  Private bodies having no statutory power, not being supported by a State act. Supreme Court refused to characterize the corporation as a ‘local authority’. It means a person or body exercising power to command in the context of Art. THE CONCEPT OF STATE UNDER ARTICLE 12 OF THE INDIAN CONSTITUTION. 1. 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. These bye-laws in effect and in substance have brought about a total stoppage of the wholesale dealer’s business in the commercial sense. 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. writers in their books or law scholars or law students is what which has gained wider In University of Madras V/s Santa Bai. Madras H.C. held that ‘other authorities’ could not only indicate authorities of like nature that is ejusdem generic. held to be covered by the expression ‘other authorities’. 5 Accepté en votation populaire du 9 fév. 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. In Art. It was not necessary that the statutory authority should be engaged in performing government or sovereign functions. du 18 avril 1999 (Etat le 1 er janvier 2021) Préambule. 12 the bodies specially named are the Government of Union and States and the Legislature of Union and states and local authorities. 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. 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. Madras H.C. held that ‘other authorities’ could not only indicate authorities of like nature that is ejusdem generic. 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. In the case of Calcutta State Transport Corporation v. Commissioner of Income-tax. 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. 12 the bodies specially named are the Government of Union and States and the Legislature of Union and states and local authorities. … But every instrumentality of the Government is not necessarily a‘Government Department’. It is not necessary that statutory authority should be engaged in performing governmental or sovereign function. times. So it means the ‘state’ under art. No private corporation shall be created except by general laws. There is no common genus running through these named bodies nor can these bodies so placed in one single category on any rational basis. The corporation is meant only for the purpose of providing road transport services and has no element of popular representation in its constitution. 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. 1 et 2 de la LF du 12 juin 2009 sur la TVA; RS 641.20). Article 12 is the first Article in Part III of the Constitution of India. 12 of the constitution. c) Other Authorities- , the Supreme Court held that ‘other authorities’ would include all authorities created by the Constitution or statute on which powers are conferred by law. What does Article 12 of the Constitution mean? Disclaimer: This Constitution may not be the most recent version. 13(2) or any other provision concern fundamental rights, has an expansive meaning. The expression refers to- 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. Case Laws Relating To Local Authorities 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. Article 12 defines the term ‘state’ it says that-Unless the context otherwise requires the term ‘state’ includes the following – 189. 2. In Art. 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. 2) The Government and Legislature of each states. PRIVATE CORPORATIONS. There is no common feature running through the various bodies, which have been. 1) The Government and Parliament of India that is Executive and Legislature of the Union. 12 gives an extended significance to the term ‘state’ occurring in art. iii) Functional character being governmental in essence. WHETHER THE STATE ITSELF CAN CLAIM OR ENFORCE A FUNDAMENTAL RIGHT Calcutta State Transport Corporation v. Commissioner of Income-tax. 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. 12 amended Nov. 8, 1994, by Prop. 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." But In Ujjammbai V/s State of U.P. 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. Part III of the Constitution is said to contain the Bill of Rights for the people of India. Bhagwati, J. for determining whether a 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. 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."  Instrumentalities or agencies, of the Government and Government Departments. 12 includes executive as well as legislative organ of union and states. The new rules took effect for the 1804 presidential electionand have governed all subsequent presidenti… iii) Functional character being governmental in essence. 2) The Government and Legislature of each states. But In. Case Laws Relating To Other Authorities (Sec. 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… iv) If a department of government is transferred to a corporation. “STATE”. 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. 3) All local or other authorities within the territory of India. 95, 1994.) Section 1. The scope of Article 12 is increasing day by day to provide justice to people whose fundamental rights are vi… Le Président de la République peut, après consultation du Premier ministre et des Présidents des Assemblées, prononcer la dissolution de l'Assemblée nationale. They evolved the Doctrine of Instrumentality.  A private body or a company In P. D. shamdasani V/s Central Bank of India. (1) Everyone has the right to freedom and security of the person, which includes the 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. Art. ii) Existence of deep and pervasive state control. Section 12. 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. The tests were laid down by P.N. CSIR is state – 19 April 2002, it is an important case. L'article 12 de la Constitution française décrit la procédure de la dissolution de l'Assemblée nationale par le président de la République. Art. So it could only mean authorities exercising held to be covered by the expression ‘other authorities’. WHETHER ‘STATE’ INCLUDES JUDICIARY? It cannot include authorities or person natural or juristic such as university unless it is maintained by the state. The interpretation of “other authorities” has seen a drastic change. 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. 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. It means a person or body exercising power to command in the context of Art. governmental or sovereign functions. The Allahabad High Court in Arif Khan v. Branch Manager Mahindra Finance Sultanpur & Another, observed that writ of Mandamus cannot be issued to … meaning for the term ‘other authorities’ and there is a need now to finally define this Instrumentalities or agencies, of the Government and Government Departments. ARTICLE 12. In Art. It was not necessary that the statutory authority should be engaged in performing government or sovereign functions. 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. 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. 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. Article 12 defines the term ‘state’ it says that-Unless the context otherwise requires the term ‘state’ includes the following –. 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. 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. 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 … La qualification du contrat par les parties à l'épreuve des pouvoirs du juge Dissertation de 5 pages - Droit des obligations. 12 includes executive as well as legislative organ of union and states.  Instrumentalities or agencies, of the Government and Government Departments. In P. D. shamdasani V/s Central Bank of India Supreme court held that Art. The word ‘State’ under Article 12 has been interpreted by the courts as per the changing, times. 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. The interpretation of Article 12 becomes very important as fundamental rights can be enforced only against the state. Orders, regulations, bye-laws, notification etc. The court in Romana Dayaram Shetti V/s The International Airport Authorities of India, The tests were laid down by P.N. only till it is performing its administrative function. Through various case laws & their judgements given by The Court and also through 2014, en vigueur depuis le 1 er janv. The Supreme Court by a majority judgement held that the Board of Control for Cricket in India (BCCI) is not a ‘State’ or ‘authority’. 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. it means authorities like Municipalities, District Board, Panchayats, Improvement Trust and Mining settlement Board. STATE AS NON-GOVERNMENTAL BODIES Private bodies having no statutory power, not being supported by a State act. West Bengal  Supreme Court refused to characterize the corporation as a ‘local authority’. Who is a ‘state’ is determined by the provisions of Article 12. ‘Local Authority’ means an authority legally entitled to or entrusted by the Government with the control or management of a local fund. 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. 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. Nos documents .doc — 13 déc.  A non-statutory body, exercising no statutory powers is not ‘State’: This gives the judicial authorities the power to pronounce decisions which may be contravening to the Fundamental Rights of an individual. a) Authorities – 3) All local or other authorities within the territory of India. Definition of State – Article 12 b) Local Authorities- 25 al. 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. It was held that merely because a non-governmental body exercises some public duty, that by itself would not suffice to make such body a State for the purpose of Article 12. Article 12 de la Constitution . 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. There is no common genus running through these named bodies nor can these bodies so placed in one single category on any rational basis. The rights secured are the necessary consequence of the declaration contained in the Preamble to the Constitution. Singh following the decision of Supreme Court held that ‘Patna University’ is a ‘state’.   12 of the constitution and therefore its employees can approach the High Courts or the Supreme Court to enforce their fundamental rights of equality. 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 –. 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. Judiciary in India to be included under the ambit of ‘State’ arose in the case of, which observed that "while exercising the rule making. Part III of the Constitution is said to contain the Bill of Rights for the people of India. Article 12 - Constitution The Constitution of India has defined the word 'State' for the purpose of Part -III and Part - IV. 3) All local or other authorities within the territory of India. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quo… When office expires ­ suspension by law. It is therefore an action of these bodies that can be challenged before the courts as violating the fundamental rights. We are always available for you to pass & get back on the right track. The Twelfth Amendment (Amendment XII) to the United States Constitution provides the procedure for electing the president and vice president.   In P. D. shamdasani V/s Central Bank of India Supreme court held that Art. It is therefore an action of these bodies that can be challenged before the courts as violating the fundamental rights. There is no common genus running through these named bodies nor can these bodies so placed in one single category on any rational basis. Thereby a court may be sued for a violation of the fundamental right to the extent 13(2) or any other provision concern fundamental rights, has an expansive meaning. 19(1). 12 the bodies specially named are the Government of Union and States and the Legislature of Union and states and local authorities. The word ‘State’ under Article 12 has been interpreted by the courts as per the changing 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 replaced the procedure provided in Article II, Section 1, Clause 3, by which the Electoral College originally functioned. 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 … 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. 4) All local and other authorities under the control of the Government of India. 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. It was not necessary that the statutory authority should be engaged in performing government or sovereign functions. 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 was held that merely because a non-governmental body exercises some public duty, that by itself would not suffice to make such body a State for the purpose of Article 12. But every instrumentality of the Government is not necessarily a‘Government Department’.  Society registered under the Societies Registration Act,  Corporation set up under the State Financial Corporation Act, 1951. Electricity Board, Rajasthan v. Mohan Lal case.  Society registered under the Societies Registration Act 19(1) and Art.31(1) contains the rights which are available against the state not against the private individual. 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. 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. 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. There is no common feature running through the various bodies, which have been

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