Do the Fundamental Rights Apply to Non-profit Societies?: The Ajay Hasia Case

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Abstract

The ‘state’ as defined in Article 12 includes ‘other authorities’, and these are subject to the constitutional limitations. The right to equality requires them to not act arbitrarily. A body which is an instrumentality or agency of the government is ‘other authority’. The term has been subject to judicial interpretation. The Ajay Hasia Case consolidated the developing law and formulated that not only the bodies created by an Act but bodies created under a law, like societies under the Societies Registration Act could be ‘other authorities’.

Additional Information

Product Type Case
Reference No. BP0415
Title Do the Fundamental Rights Apply to Non-profit Societies?: The Ajay Hasia Case
Pages 12
Published on Aug 29, 2017
Year of Event 1981
Authors Pathak, Akhileshwar;
Area Strategy (STR)
Discipline Public Policy and Law
Sector Miscellaneous
Learning Objective Scope of 'other authorities' for the application of the Fundamental Rights. Societies can be 'state' within Article 12.
Keywords Fundamental Rights; Right to equality; State; Article 12; Societies; Other authorities
Country India
Organization Supreme Court of India
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