Q: Delineate the case of Som Prakash Rekhi vs Union Of India & Anr on 13 November, 1980 ?
Ans:Som Prakash Rekhi vs Union Of India & Anr on 13 November, 1980
In this case, Bharat petroleum which is registered under companies act will also have the instrumentality of state.
Thus, it is also state under other authorities.
There are five criteria to determine state under this case and these are as follows:
1. Financial Resources of the state being the chief funding source.
2. Functional character being governmental in essence.
3. Plenary control residing in government.
4. Prior history of the same activity being carried out by the government and made over to the new body.
5. Some element of Authority or command must be possessed by body.
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