Q: What is Article 12 of Indian Constitution and Other Authorities ?

Ans: Article 12 of the Indian Constitution & ‘Other Authorities’

The ‘Other Authorities’ mentioned under Article 12 means all such authorities that lie within the territory of India and are controlled by the government of India through its acts and amendments.

Ramana Dayaram Shetty vs The International Airport  on 4 May, 1979

1. R.D Shetty v. Airport Authority of India – Five points were mentioned by Justice P.N. Bhagwati to understand if the ‘body’ in news is instrumental to be called as the ‘State’ under Article 12 or not:

The International Airport Authority was constituted under Airport Authority of India Act, 1971.

The Supreme Court also realized that the Central Government has many powers to exercise on International Airport Authority. 

The chairman and other members are appointed by the Central Government in International Airport Authority.

The Central Government was also empowered to transfer the management of various airports.

The court has no interest about the sovereign functions of International Airport Authority and the court held if the government has degree of control on private body and extra ordinary financial assistance,  the private body will be considered as the instrument or agency of state.

The ‘Body’ can be called as ‘State’ if its entire shared capital is held by the Government of India.

Such other authorities have a governmental functional character.

The absolute control of such authorities lie with the government.

Such authorities which have an element of command or authority.

The authorities discharging public service.

Comments

Post a Comment

Popular posts from this blog

Q: The expression" Freedom of Press has not been used in Article 19 but it is comprehended within Article 19(1)(a). Comment and discuss as to what do you understand by " Freedom of Press" and how it is safeguarded by the courts ?

Ans: In India, freedom of the press is implied from the freedom of speech and expression guaranteed by Art. 19(1) (a). There is no specific provision ensuring freedom of the press as such. Freedom of press or media refers to the rights given by the Constitution of India under the freedom and expression of speech in Article 19(1)(a). Freedom of press and media is widely recognised in India. It does have reasonable restrictions under Article 19(2) to protect the safety of the people of the nation. The restrictions can be imposed in case of threats against: Sovereignty and integrity of India Security of the State Friendly relations with foreign states Public order, decency or morality Contempt of court Defamation Incitement to an offence World Press Freedom Day was celebrated on May 3rd which acts as a reminder for all governments to respect the rights of media and press institutions around the world. It also substitutes as a day for all media bodies to reflect on the restrictions imp...
Read more

Q: What are the conditions of the President’s office ?

Ans: There are a few conditions for the candidate running for the President’s elections: He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a member of either of the house, he should vacate the seat on his first day as President in the office. He should not hold any office of profit. For his residence, Rashtrapati Bhavan is provided to him without the payment of rent. Parliament decides his emoluments, allowances and privileges. Parliament cannot diminish his emoluments and allowances during his term of office. He is given immunity from any criminal proceedings, even in respect of his personal acts. Arrest or imprisonment of the President cannot take place. Only civil proceedings can be initiated for his personal acts that too after giving two months’ of prior notice.
Read more

Q: Delineate Article 216 of Indian Constitution?

Ans: Article 216 of Indian Constitution mentions about Constitution of High Courts.  In accordance with this article,  every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint. There is no fixed minimum number of judges for the High Courts. It varies from Court to Court and from State to State.
Read more