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Article 12
State as provided under Article 12 of the Constitution has
four components:
( a ) The Government and Parliament of IndiaGovernment means any department or institution of department. Parliament shall consist of the President, the House of People and Council of States. ( b ) The Government and Legislature of each State, State Legislatures of each State consist of the Governor, Legislative Council and Legislative Assembly or any of them.
(c) Local Authorities within the territory of India Authority means ( i ) Power to make rules, bye- laws, regulations, notifications and statutory orders. ( ii ) Power to enforce them. Local Authority means Municipal Boards, Panchayats and others legally entitled to or entrusted by the government, municipal or local fund. ( d ) Other Authorities , other than local authorities working ( i ) Within the territory of India or; ( ii ) Outside the territory of India.
Other Authorities
The most noteworthy expression under Article 12 is other
authorities
Not defined in the Constitution.
OTHER AUTHORITIES
In University of Madras v. Santa Bai (AIR 1954 Mad
67) the Madras High Court evolved the principle of ejusdem generis which meant only authorities that perform governmental or sovereign functions can be included under Article 12.
the Supreme Court held that other authorities would include all authorities created by the Constitution or statute on which powers are conferred by law. It was not necessary that the statutory authority should be engaged in performing government or sovereign functions.
(1) SCC 421) - the court had to deal with the question, whether statutory corporations such as the ONGC, IFC and LIC, came within the definition of the State under Article 12. The court held that the three corporations were the State as the three corporations were created by statutes, had the statutory power to make binding rules and regulations, and were subject to pervasive government control.
the regional engineering college, sponsored, supervised and financially supported by the government was held to be an authority for the purposes of Article 12.
The court laid down the following tests to adjudge whether a
body is an instrumentality of the government or not: 1. If the entire share capital of the corporation is held by the government,
2. Where the financial assistance of the state is so much as to meet almost entire expenditure of the corporation.
3.Whether the corporation enjoys monopoly status, which is state conferred or state protected.
L.P.G.
against them?
When does an act of a private party begins to resemble the act of a public authority?
This may happen because of,
(i) governmental nexus and assistance to the private act or (ii) concentration of economic power (iii) the simple fact that the private party has control over something which is indispensable for the ordinary living of other individuals.
(i) tax concession; (ii) grant of monopoly; (iii) financial assistance; (iv) the power of eminent domain; or (v) any other way in which meaningful assistance may be given. Joint ventures or joint ownership of an undertaking will definitely come in the category of governmental collaboration.
Government to disinvestment majority shares of Bharat Aluminium Co.Ltd., (BALCO) the public under taking to private party. The workers contended that they had been adversely affected by the decision of Government of India to disinvest 51% shares in BALCO in favour of private party and Also contended that by reason of disinvestment the workers have lost their right and protection under Article 14 and 16 of the Constitution of India. The SC strongly defended and justified the Governmental policy of disinvestment by saying that the policies of the government ought not to remain static and held that the process of disinvestment is Policy decision involving complex economic factors and the courts have consistently refrained from interfering with economic decision.
GAINTS - STATE.
The Recommendation of the National Commission to Review the working of the Constitution, 2002
New Article 12A should be inserted relating to private
Conclusion
The need of the times is that fundamental rights be made
References
Arvind P. Datar. Commentary on the Constitution of India,
(Jul-Dec.2010), p.6-10.
Need For Expanding The Definition Of The State Under