Other Authorities

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OTHER
AUTHORITIES

ANILESHTEWARI
B.A.LL.B(Hons)
4TH SEM

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TABLE OF CONTENT









Introduction to OTHER AUTHORITIES with reference to Article 12. Brief synopsis of the term OTHER AUTHORITIES
Other Authorities.
Ajay Hasia Case.
Some of the NON-STATUTORY BODIES which have been held to be
‘AUTHORITIES’ within the meaning of Article 12.
The National Commission to Review The Working Of The Constitution 2002. Conclusion

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ACKNOWLEDGEMENT

I would like to thank my jurisprudence teacher Dr. Mohd. Asad Malik for his continuous support and guidance in the making of this assignment. I would also like to thank my friends and peers for their encouragement throughout the making of this assignment.

ANILESH TEWARI

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LIST OF CASES
1. Shamdasani v. Central Bank of India
2. Vidya Verma v. Shivnarain
3. Rajasthan State electricity Board v. Mohanlal
4. K.A. Karim & Sons v. I.T.O.
5. Imperial Chemical Industries Ltd. v Registrar of Trade Mark 6. Mathew,J., in Sukhdev v. Bhagatram
7. Sukhdev v. Bhagatram
8. Ramanna D. Shetty v. International Airport Authority
9. Sabhaji Tewary v. India
10. Som Prakash v. Union of India
11. Ajay Hasia v. Khalid Mujib
12. Deewan Singh v. Rajendra Prosad Ardevi
13. Federal Bank Ltd. V. Sagar Thomas
14. Zee Telefilms Ltd. V. Union of India
15. S.C. Chandra v. State of Jharkhand
16. Pradeep Kumar Biswas v. Indian institute of Chemical biology 17. Central Inlad Water Transport Corporation v. Brojo Nath
18. Biman Kishore Bose v. United India Insurance Co. Ltd.
19. B.S.Minhas v. Indian Statistical Institute
20. P.K. Ramchandra Iyer v. Union of India
21. Zorastrian Coop.Housing Society Ltd. v. Distt. Registrar, Co-op. Societies (Urban) 22. UPSEB v. Sant Kabir Sahakari Katai Mills Ltd.
23. GM Kisan Sahkari Chini Mills Ltd. V. Satrughan Nishad
24. Mysore Paper Mills Ltd. v. The Mysore Paper Mills Officer’s Association 25. Virendra Kumar Srivastava v. U.P. Rajya Karamchari Kalyan Nigam 26. R.M.Thomas v. Cochin Refineries Ltd
27. Vibhu Kapoor v. Council of I.S.C Examination
28. P.K. Ramchandra Iyer v. Union of India
29. Balbir Kaur v. Steel Authority of India
30. M. Kumar v. Earth Movers Ltd.
31. Everest Wools Pvt. Ltd. v. U.P. Financial Corporation
32. K.C. Sharma v. Delhi Stock Exchange
33. U.P. State co-operative Land Development Bank Ltd. V. Chandra Bhan Dubey 34. Pradeep Kumar Biswas v. Indian Institute of Chemical Biology 35. Sabhajit Tewary v. Union of India & Ors
36. Chander Mohan Khanna v. National Council of Educational Research and Training 37. Uni Krishnan, J.P v.State of Andhra Pradesh
38. K.S. Rama Murthy v. Chief Commissioner of Pondicherry
39. Virendra Kumara Srivastava v. U.P. Rajya Karamchari Kalyan Nigam 40. Jamshed Hormusji Wadia v. Board of trustees, Port of Mumbai

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INTRODUCTION TO ARTICLE 12 IN RELATION TO OTHER
AUTHORITIES:-

Most of the rights are claimed against the state and its instrumentalities and not against the private body12. Article 13(2)3, bars the state from making any ‘Law’ infringing a fundamental right.
The two important concepts used in this provision are: ‘State’ and ‘Law’. These concepts need some elucidation.
Fundamental rights are claimed mostly against the ‘State’. Article 12 gives an extended significance to the term ‘State’. Article 12 clarifies that the term state occurring in art. 13(2) or any other provision concerning fundamental right has an extensive meaning.

According to article 12 the term ‘state’ includesI.
II.
III.
IV.

The government and parliament of India:
The government and legislature of state:
All local authorities: and
Other authorities within the territory of India, or under the control of the Central Government.

The action of any of the bodies comprised within the term ‘State’ as defined in Art. 12 can be challenged before the court u/a 13(2) on the ground of violating Fundamental Rights. The most significant term used in...
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