The State, its Instrumentalities and Agencies

O. Chinnappa Reddy

in The Court and the Constitution of India

Published in print May 2010 | ISBN: 9780198066286
Published online October 2012 | e-ISBN: 9780199081462 | DOI:
The State, its Instrumentalities and Agencies

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For the purpose of enforcing the fundamental rights guaranteed by the Indian Constitution, it is almost invariably necessary to determine whether the person, authority, or agency against whom the relief is sought is ‘state’ within the meaning of Article 12 of the Constitution. Article 12 expressly states, ‘....the ‘State’ includes the government and Parliament of India and the government and the legislature of each of the states and all local or other authorities within the territory of India or under the control of the government of India’. The Supreme Court, in Kapila Hingorani v. State of Bihar, limited the right to liability to ‘human rights problems of such magnitude involving starvation deaths, and/or suicide by the employees has taken place by reason of non-payment of salary to the employees of public sector undertaking for such a long time’.

Keywords: India; Constitution; Supreme Court; fundamental rights; state; authority; agency; government; liability; public sector

Chapter.  1916 words. 

Subjects: Constitutional and Administrative Law

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