Question

Which one of the following is covered under the definition of State

• A. The Indian Statistical Institute
• B. Indian Council of Agricultural Research
• C. Sainik School Society
• D. NCERT

Hint:

Remember the key case \textit{Ajay Hasia v. Khalid Mujib} for the test of determining "other authorities" under Article 12. For exams, common examples of bodies held to be 'State' include LIC, ONGC, SAIL, and NCERT, while BCCI is a famous example of a body held not to be 'State'.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
Article 12 of the Constitution of India defines the term "State" for the purposes of Part III (Fundamental Rights) and Part IV (Directive Principles). The definition includes the Government and Parliament of India, the Government and Legislatures of the States, and all local or other authorities within the territory of India or under the control of the Government of India. The term "other authorities" has been interpreted broadly by the judiciary.
Step 2: Detailed Explanation:
The Supreme Court, in cases like \textit{Ajay Hasia v. Khalid Mujib}, laid down tests to determine if a body is an "instrumentality or agency of the State". These tests include the extent of financial assistance from the state, the degree of state control, the monopolistic character of the body, and whether it performs public functions.
Applying these principles, the courts have held several bodies to be "State":
- NCERT (National Council of Educational Research and Training): In the case of \textit{Chander Mohan Khanna v. NCERT}, the Supreme Court held that NCERT is a 'State' as it is an agency and instrumentality of the government. It is largely funded by the government and performs important public functions in the field of education.
- While bodies like ICAR and Sainik School Societies have also been held to be 'State' in certain judicial pronouncements due to their governmental control and funding, NCERT is one of the most consistently and clearly established examples in constitutional law jurisprudence. Given the options, NCERT is the most unequivocally accepted answer.