(i) The financial resources of the State constitute the main source of financing when the entire share capital of the company is held by the State. Government and Parliament of India: Government means any department or institution of the ministry. The Parliament consists of the President, the House of the People and the Council of States. The government and legislature of each state: The state legislatures of each state consist of the governor, the Legislative Council, and the Legislative Assembly or one of them. Local authorities in the territory of India: Authority means the power to issue and enforce rules, orders, orders, opinions and legal orders. These include municipal councils, panchayats, the body of harbour commissioners and other persons authorized by law or mandated by the government, municipal or local funds. Other authorities: authorities other than local authorities operating in the territory of India or abroad but under the control of the Government of India. The judiciary in India, which was supposed to fall under the term „State“, arose in Naresh v. State of Maharashtra, which stated that „the judiciary, in the exercise of rule-making powers, is covered by the term State with Article 12, but is not included in the exercise of its judicial functions“. In doing so, a court can be sued for violation of fundamental right to the extent that the Supreme Court has ruled that it is dangerous to exempt companies from the need to have a constitutional conscience, the meaning of the phrase „other authorities under the control of the Government of India“ is clear and there is no reason to make exceptions for sophisticated reasons, such as: that the legal person must be a body governed by public law.
must have the power to legislate, must not be created by any law, and so on. A great increase in the power and role of the executive branch in each state. The executive branch includes the president, governor, ministers, police, bureaucrats, etc. In America, it is generally accepted that the judiciary is subject to the prohibition of the 14th Amendment. The judiciary, although not explicitly mentioned in article 12, should be included in the phrase „other authorities“, since the courts are established by law and exercise the powers conferred by law. It is suggested that discrimination can be provoked. even (by) the judiciary, and the suspension of Article 14 extends to all acts of the State which deny the same protection of the laws, whether or not it is the act of one of the three parts of the State. Although the judiciary is not explicitly mentioned in article 12, legal experts believe that the judiciary should be included in the definition of the State. According to one school of thought, the Supreme Court has the power to make rules (to regulate the practice and procedure of the courts), appoint its staff and decide on its conditions of service (as mentioned in Articles 147 and 146 of the Constitution of India). Therefore, it fulfills the role of a State. In one of its recent decisions, the Supreme Court ruled that the judiciary can be considered a „state“ in terms of regulatory power, but cannot be considered a „state“ when exercising its judicial powers. The question of whether the judiciary falls within the definition of „State“ in article 12 was raised by the Supreme Court in Naresh v.
State of Maharashtra. It has been held that, even if a court is the State, it cannot be argued under Article 32 before a competent High Court against its judicial decisions, as these orders cannot be considered a violation of fundamental rights. Mr. H.M. Seervai said that the judiciary should be included in the definition of „State“ and that a judge acting as a judge was subject to the written jurisdiction of the Supreme Court. References # 1948 (7) CAD 610 # (1968) ILLJ 257 SC # AIR 1952 SC 115. See also Rasid Ahmed v. Municipal Board, Kairana AIR 1950 SC 163#AIR 1952 SC 118#AIR 1954 Mad. 67 # AIR 1962 SC 121 # Shrikanta v. Vasantrao, (2006) 2 SCC 682 # SAIL v. National Union Water Front Workers, AIR 2001 SC 3527 # See S.L.
Agarwal v. Hindustan Steel Ltd. , AIR 1970 SC 1150 # (2002) 5 SCC 111, see also V.K. Srivastava v. U.P.R.K.K. Nigam, AIR 2005 SC 411 # AIR 1967 SC 1857 # AIR 1975 SC 1329 # Ajay Hasia v. Khalid Mujib, AIR 1981 SC 487 # Virina v. Rivers, (1980) 100 US 313, 318, 25 L Ed. 667 # V.N. Shukal – Constitutional Law of India, p 155 (1st ed.) # AIR 1967 SC 1 # H.M. Seervai – Constitutional Law of India, p 20 (5th ed.) Article 12 gives a broader meaning to the term „State“ in art. Article 13(2) or any other provision concerning fundamental rights has a broad meaning.
Note: According to the Supreme Court, any private company that cooperates with or for the government also falls within the definition of state under section 12. Any type of public authority exercising statutory powers, whether these powers are governmental, semi-public or non-governmental, and whether or not that authority is under the control of the government, and even if it may carry out certain activities in the form of commerce or industry. Authority established by an Act administering a law promulgated by the legislature, including those vested with the obligation to take decisions on its implementation. Article 12 therefore defines the State and applies only to Parts 3 and 4 of the Constitution. Article 12 defines 4 authorities as part of the State, which means for the term „other authorities“, and it is now necessary to define this definitively. Most of the fundamental rights granted to citizens are claimed against the State and its instruments and not against private institutions. Article 12 gives the term „State“ a broader meaning. It was very important to determine which bodies fell within the definition of a State in order to determine to whom responsibility should be delegated. The test established in the case of Ajay Hasia is not strict and if an entity falls into this category, it must therefore be considered a State within the meaning of article 12.
In this case, it was discussed whether the institution is dominated financially, functionally and administratively by the government or under the control of the government, taking into account the cumulative facts established. This control must be specific to the institution concerned and omnipresent. Aspirants need to know what falls under Part III of the Constitution in order to fully understand section 12. This means that, according to Article 12, the `State` includes both the executive and legislative bodies of the European Union and the States. It is therefore an act of these institutions that can be challenged before the courts as a violation of fundamental rights. In order to determine which „other authorities“ fall within the jurisdiction of the State, the judiciary has issued several judgements depending on the facts and circumstances of different cases. Article 12 of the Constitution does not explicitly define „justice“. This gives judicial authorities the power to make decisions that may violate an individual`s fundamental rights. If he were to be included in the head of state, then according to the article by the obligation that the fundamental rights of citizens must not be violated.
Accordingly, decisions handed down by the courts cannot be challenged on the ground that they infringe a person`s fundamental rights. On the other hand, it was found that decisions handed down by courts in the exercise of their administrative functions (including the Supreme Court) were regularly challenged as infringing fundamental rights. Article 12 defines the term „State“ and states: Unless the context otherwise requires, the term „State“ includes: In Naresh Shridhar Mirajkar v. State of Maharashtra, AIR 1967 SC 1, a chamber of 9 judges of the Supreme Court ruled that a judicial decision rendered by a competent judge in a case referred to him for decision or relating thereto: cannot affect the fundamental rights of citizens, since the judicial decision is intended to settle the dispute between the parties brought to trial, and nothing more. Consequently, such a judicial decision cannot be challenged under Article 13. Hello! My name is Mehul Joshi. I created this blog with the vision of making constitutional regulations and Indian laws very simple so that people can easily understand them. Part III of the Constitution of India guarantees certain fundamental rights to Indian citizens as well as other persons residing in India.
These fundamental rights are guaranteed only against the action of the State. In other words, the state cannot violate fundamental rights and cannot restrict or suppress fundamental rights through its legislative or other action. Any person aggrieved by circumcision or interference with fundamental rights has the right to appeal to the Supreme Court under Article 32 or to the Supreme Court under Article 226 of the Constitution of India. If a citizen`s rights are violated by another person, this is only a violation of his civil rights, and he can apply to ordinary civil courts or criminal courts established by the State to remedy the situation. Therefore, Article 12 of the Constitution of India defines the word state for the purposes of Part III of the Indian Constitution, which reads as follows: Only those who have been included in this definition are considered a state, and you can demand to protect your rights against their action. • Company incorporated under the State Finance Corporation Act 1951 The term „other authorities“ is in itself so broad that it could have covered any body established by the Constitution or the State to which the power is delegated by law.