Dr. Janel Jeyapaul v. SRM University: Private Organisations and Public Rights

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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
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