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 |
| Access | For All |
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