How was supreme court was interpreted instrumentality of a sate in article 12?
Answers
Explanation:
According to Article 12, the term ‘State’ includes:
(i) The Government and Parliament of India: the term “State” includes Government of India (Union Executive) and the Parliament of India (i.e., the Union Legislature)
(ii) The Government and the Legislature of a State i.e., the State Executive and the legislature of each state.
(iii) All local authorities; and
(iv) Other authorities within the territory of India; or under the control of the Central Government.
Here three important terms need to be interpreted:
Territory of India: Territory of India should be taken to mean territory of India as defined in Article 1(3).[2] According to Article 1(3) the territory of India shall comprise the territories of the States, the Union Territories specified in the first schedule and such other territories as may be acquired.
Local Authority: according to sub-section (31) of Section 3 of the General Clauses Act, 1897 “Local Authority” shall mean a municipal committee, district board, body of commissioner or other authority legally entitled to or entrusted by the Government within the control or management of a municipal or local fund. According to Entry 5 of the List II of 7th Schedule ‘ local government’ includes municipal corporation, improvement trust, district boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration. Village panchayat is also included within the meaning of the term local authority
Other Authorities: The term ‘other authorities’ in Article 12 has nowhere been defined. Neither in the Constitution nor in the general clauses Act, 1897 nor in any other statute of India. Therefore, its interpretation has caused a good deal of difficulty, and judicial opinion has undergone changes over time.
Today’s government performs a large number of functions because of the prevailing philosophy of a social welfare state. The government acts through natural persons as well as juridical persons. Some functions are discharged through the traditional governmental departments and officials while some functions are discharged through autonomous bodies existing outside the departmental structure, such as, companies, corporations etc. Hence, the term ‘other authorities’ has been interpreted by the following judicial pronouncements in accordance with the facts and circumstances of different cases.
Explanation:
In Electricity Board, Rajasthan v. Mohan Lal[xv], The Supreme Court held that the expression “other authorities” is wide enough to include all authorities created by the Constitution or statute on whom the powers are conferred by Law.