For All Defence Aspirants State Under Article 12 Of The Constitution-NCA ACADEMY

For All Defence Aspirants State Under Article 12 Of The Constitution-NCA ACADEMY

State Under Article 12 Of The Constitution

Recently, The Delhi High Court Has Given Judgement In Sanjaya Bahel Case That The United Nations Is Not A State Within The Meaning Of Article 12 Of The Constitution Of India And Is Not Amenable Under The Jurisdiction Of The Court Under Article 226 Of The Construction.

Key Points

Part III(Article 12 To Article 35) Consists Of A List Od Fundamental Rights.

In Order To Safeguard The Rights And Freedom Of Individuals It Needs Constitutional Protection From The Acts Of The State Itself.

According To Article 12 The State Includes The Government And Parliament Of India And The Government And The Legislature Of Each Of The States And All Local Or Other Authorities Within The Territory Of India Or Under The Control Of The Government Of India.Dispute And Discussion Around The Phrase Other Authorities Of Article 12 Has Evolved Over Time.

Earlier, A Restrictive Interpretation Was Given To This Term, I.E The Authorities Exercising Governmental Or Sovereign Function Would Only Be Covered Under Other Authorities.

The Liberal Interpretation Says That It Is Not Necessary For An Authority To Be Engaged In Sovereign Or Governmental Function To Come Under The Definition Of The State. The Bodies Like State Electricity Boards LIC, ONGC And IFC Also Come Under ‘Other Authorities’.

In R.D Shetty Case Justice P.N Bhagwati Gave 5 Point Test To Determine Whether A Body Is An Agency Or Instrumentality Of The State.

Financial Assistance Given By The State And Magnitude Of Such

Any Other Forms Of Assistance Whether Of The Usual Kind Or Extraordinary.

Control Of Management And Policies Of The Corporation By The State-Nature And Extent Of Control

The Functions Have Public Importance

State Conferred Or State Protected Monopoly Status.

Er. HartaJ is one of the main Instructors and a part of the team At NCA. He himself has cleared the SSB process thrice, but as per his grandfather's Late Lt. Col H.S.Dhaliwal Wish he is continuing teaching and making officers. Been associated with New Careers Academy for the last 8 years, he also has been succefull in making Second and Third Generation Of officers. Once Taught by his Grandfather and Father Capt. Dhaliwal. He is know all across with students for the way he teaches and he is more of a role model for them .