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.  Private bodies having no statutory power, not being supported by a State act. 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. 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 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. Orders, regulations, bye-laws, notification etc. 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 … it means authorities like Municipalities, District Board, Panchayats, Improvement Trust and Mining settlement Board. 12 gives an extended significance to the term ‘state’ occurring in art. Article 12.   ‘Local Authority’ means an authority legally entitled to or entrusted by the Government with the control or management of a local fund. 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. 1) The Government and Parliament of India that is Executive and Legislature of the Union. 19(1) and Art.31(1) contains the rights which are available against the state not against the private individual. 12 amended Nov. 8, 1994, by Prop. The Supreme Court by a majority judgement held that the Board of Control for Cricket in India (BCCI) is not a ‘State’ or ‘authority’. 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. 19(1). 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. Supreme Court refused to characterize the corporation as a ‘local authority’. The rights secured are the necessary consequence of the declaration contained in the Preamble to the Constitution. There is no common genus running through these named bodies nor can these bodies so placed in one single category on any rational basis. But In.  A company Thereby a court may be sued for a violation of the fundamental right to the extent In State of West Bengal v/s Subodh Gopal Bose, the Supreme Court observed that the object of Part -III is to provide protection to the rights and freedoms guaranteed under this part by the invasion of 'State' 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. body is an agency of instrumentality of government – California may have more current or accurate information. Article 12 defines the term ‘state’ it says that-Unless the context otherwise requires the term ‘state’ includes the following – 12 of the constitution. ‘Local Authority’ means an authority legally entitled to or entrusted by the Government with the control or management of a local fund. 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. 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. The corporation is meant only for the purpose of providing road transport services and has no element of popular representation in its constitution. Bhagwati, J. for determining whether a It cannot include authorities or person natural or juristic such as university unless it is maintained by the state. held to be covered by the expression ‘other authorities’. It is therefore an action of these bodies that can be challenged before the courts as violating the fundamental rights. What does Article 12 of the Constitution mean? So it could only mean authorities exercising. 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. 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 means authorities like Municipalities, District Board, Panchayats, Improvement Trust and Mining settlement Board.  Society registered under the Societies Registration Act various different viewpoints of different judges in giving those judgements or different law 12 includes executive as well as legislative organ of union and states. Nos documents .doc — 13 déc. Donald Trump: ‘I’m for Article XII’ The GOP presidential nominee raised some eyebrows by pledging support for a non-existent section of the U.S. Constitution. Sec. Art. meaning for the term ‘other authorities’ and there is a need now to finally define this The Supreme Court by a majority judgement held that the Board of Control for Cricket in India (BCCI) is not a ‘State’ or ‘authority’. It is not necessary that statutory authority should be engaged in performing governmental or sovereign function. The point it began it judicial function it does not violate any fundamental right and cannot be taken as “State”. held to be covered by the expression ‘other authorities’. Art. Article 12 is the first Article in Part III of the Constitution of India. Dr. Ambedkar in CAD (Article 12 was introduced in the Draft Constitution as Article 7.) 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. Article 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. 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. In Art. 1) The Government and Parliament of India that is Executive and Legislature of the Union. Singh following the decision of Supreme Court held that ‘Patna University’ is a ‘state’. The executive Power shall be vested in a President of the United States of America. The Constitution of India has defined the word ‘State’ under Article 12, for the purpose of Part-iii and Part-iv. 25 al. Article 12 of the Constitution does not specifically define ‘judiciary’. It means a person or body exercising power to command in the context of Art. When office expires ­ suspension by law. 13(2) or any other provision concern fundamental rights, has an expansive meaning. 2. Section 12.  Corporation set up under the State Financial Corporation Act, 1951  Instrumentalities or agencies, of the Government and Government Departments. Section 1. Premji Bhai Panwar v. Delhi Development Authority (DDA. ) iv) If a department of government is transferred to a corporation. “STATE”. A portion of the 12th Amendment was changed by the 20th Amendment. Madras H.C. held that ‘other authorities’ could not only indicate authorities of like nature that is ejusdem generic. 12 the bodies specially named are the Government of Union and States and the Legislature of Union and states and local authorities. 4) All local and other authorities under the control of the Government of India. 2) The Government and Legislature of each states. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Citizenship 3. 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. Part III of the Constitution is said to contain the Bill of Rights for the people of India. In P. D. shamdasani V/s Central Bank of India Supreme court held that Art. 19(1). Le Président de la République peut, après consultation du Premier ministre et des Présidents des Assemblées, prononcer la dissolution de l'Assemblée nationale. The Twelfth Amendment to the United States Constitution outlines the necessary procedure for electing the President and Vice President. It cannot include authorities or person natural or juristic such as university unless it is maintained by the state. The word ‘State’ under Article 12 has been interpreted by the courts as per the changing The tests were laid down by P.N. 12 of the constitution. 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 rights secured are the necessary consequence of the declaration contained in the Preamble to the Constitution.  A private body or a company La qualification du contrat par les parties à l'épreuve des pouvoirs du juge Dissertation de 5 pages - Droit des obligations. only till it is performing its administrative function. It was not necessary that the statutory authority should be engaged in performing government or sovereign functions. 19(1) and Art.31(1) contains the rights which are available against the state not against the private individual. This gives the judicial authorities the power to pronounce decisions which may be contravening to the Fundamental Rights of an individual. CSIR is state – 19 April 2002, it is an important case. 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 The rights secured are the necessary consequence of the declaration contained in the Preamble to the Constitution. GENERAL LAWS FOR CREATION OF PRIVATE CORPORATIONS AND PROTECTION OF PUBLIC AND STOCKHOLDERS. We are always available for you to pass & get back on the right track. Article I - The Legislative Branch . WHO ALL COMES UNDER THE AMBIT OF OTHER AUTHORITIES? Case Laws Relating To Local Authorities So it could only mean authorities exercising 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. 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. Ratified June 15, 1804. 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. THE TEXAS CONSTITUTION. The Twelfth Amendment (Amendment XII) to the United States Constitution provides the procedure for electing the president and vice president. Article 12 defines the term ‘state’ it says that-Unless the context otherwise requires the term ‘state’ includes the following –. In the case of Calcutta State Transport Corporation v. Commissioner of Income-tax. which to enforce those laws. which to enforce those laws. 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. 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. Article 12 - Constitution The Constitution of India has defined the word 'State' for the purpose of Part -III and Part - IV. WHETHER THE STATE ITSELF CAN CLAIM OR ENFORCE A FUNDAMENTAL RIGHT But In Ujjammbai V/s State of U.P. Who is a ‘state’ is determined by the provisions of Article 12. The court in Romana Dayaram Shetti V/s The International Airport Authorities of India (Sec. The interpretation of Article 12 becomes very important as fundamental rights can be enforced only against the state. Part III of the Constitution is said to contain the Bill of Rights for the people of India. They evolved the Doctrine of Instrumentality. it has been held that the Indian council of Agricultural research is a state within the meaning of Art. 1. 3) All local or other authorities within the territory of India. But every instrumentality of the Government is not necessarily a‘Government Department’. The 12th Amendment changed a portion of Article II, Section 1. It means a person or body exercising power to command in the context of Art. iv) If a department of government is transferred to a corporation. 12 gives an extended significance to the term ‘state’ occurring in art. The Article also identifies four forbidden classifications – religion, race, descent and place of birth – upon which Singapore citizens may not be discriminated for specific reasons. Society registered under the Societies Registration Act, Corporation set up under the State Financial Corporation Act, 1951, A non-statutory body, exercising no statutory powers. governmental or sovereign functions. 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. 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. But every instrumentality of the Government is not necessarily a‘Government Department’. Article 12 de la Constitution. b) Local Authorities- 2) The Government and Legislature of each states. It is therefore an action of these bodies that can be challenged before the courts as violating the fundamental rights. 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. 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. 95, 1994.) 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. 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. There is no common feature running through the various bodies, which have been. 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. 12 of the constitution and therefore its employees can approach the High Courts or the Supreme Court to enforce their fundamental rights of equality. writers in their books or law scholars or law students is what which has gained wider In University of Madras V/s Santa Bai. So it means the ‘state’ under art. Thereby a court may be sued for a violation of the fundamental right to the extent. West Bengal  Supreme Court refused to characterize the corporation as a ‘local authority’. Supreme court held that Art. 189. ii) Existence of deep and pervasive state control. Judiciary in India to be included under the ambit of ‘State’ arose in the case of, which observed that "while exercising the rule making. 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." 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. important term in context to Article 12 i.e. 3) All local or other authorities within the territory of India. 12 includes executive as well as legislative organ of union and states. , 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 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 … It cannot include authorities or person natural or juristic such as university unless it is maintained by the state. It is not necessary that statutory authority should be engaged in performing governmental or sovereign function. 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. THE CONCEPT OF STATE UNDER ARTICLE 12 OF THE INDIAN CONSTITUTION. Dernière mise à jour des données de ce texte : 01 décembre 2009, Modifié par Loi constitutionnelle n°95-880 du 4 août 1995 - art.