State under Article 12 Archives

Air Force School Article 12 Supreme Court

Air Force School not a ‘State’ or ‘Authority’ under Article 12 of the Constitution: Supreme Court by 2:1 Majority

“It is not shown how the IAF headquarters has any control over the management of the said school. Although some funds may have originated from the Army Welfare Society, it cannot be said that the State or the IAF has any control, let alone all-pervasive control, over the school. Moreover, the said Society is not governed by any statutory rules.”

Case Briefs High Courts

Companies complying with rules of Ministries and Public Regulators are not ‘State’ under Article 12, unless under pervasive Government control: Allahabad HC

“To determine whether an authority/body would fall under ‘State’ within the meaning of Article 12 would have to be determined on the cumulative facts of financial, functional and administrative dominance and/or control of the Government upon such a body. If such control is factually found, then the body would be treated as ‘State’ within Article 12.”