Abstract
A person can approach the High Court directly under Article 226 for a violation of a Fundamental Right. The Fundamental Rights, however, are available only against the bodies which are ‘state’ within Article 12 of the Constitution. The judgement of the Supreme Court in Dr. Janet Jeyapaul v. SRM University extends the ambit of Article 226 to all bodies, whether governmental or private, which are performing ‘public function’ or ‘public duty’. Imparting education is taken to be a public function. The judgement opens new dimensions of constitutional law.
Additional Information
| Product Type | Case |
|---|---|
| Reference No. | BP0413 |
| Title | Dr. Janel Jeyapaul v. SRM University: Private Organisations and Public Rights |
| Pages | 14 |
| Published on | Sep 26, 2017 |
| Year of Event | 2015 |
| Authors | Pathak, Akhileshwar; |
| Area | Strategy (STR) |
| Discipline | Public Policy and Law |
| Sector | Miscellaneous |
| Learning Objective | Scope of 'state' for the application of the Fundamental Rights. Scope of ambit of Article 226 (Judicial Review by the High Courts). |
| Keywords | Fundamental Rights; Article 226; Public Function; Article 12; Constitution of India; Judicial Review |
| Country | India |
| Organization | Supreme Court of India |
| Access | For All |
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