How far do you agree with the statement that “the term ‘other authorities’ in Article 12 has been given a wide interpretation by the Courts”?

Question: How far do you agree with the statement that “the term ‘other authorities’ in Article 12 has been given a wide interpretation by the Courts”? [BJS 2017]

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Answer

The term “State” is defined under Article 12 of Part III (Fundamental Rights) of the Constitution of India. Unless specified, the State includes.

• Government
• Parliament of India
• The Legislature of each state
• Local Authorities
• Other authorities

It refers to authorities other than those of local self-government, who have the power to make rules, regulations, etc. having the force of law. “Instrumentality” and “agency” are the two terms, which to some extent overlap in their meaning. The basic and essential distinction between an “instrumentality or agency” of the State and “other authorities” has to be borne in mind. An ‘Authority must be authority sui juris within the meaning of the expression “other authorities” under Article 12.

In the case of R.D.Shetty v. International Airport Authority [1979 SCR (3)1014], the Court laid down five tests to be considered “other authority”:

1. Entire share capital is owned or managed by State.
2. Enjoys monopoly status.
3. Department of Government is transferred to Corporation.
4. Functional character governmental in essence.
5. Deep and pervasive State control.
6. Object of Authority

In the case of Ajay Hasia v. Khalid Mujib Sehravardi [(1981) 1 SCC 722], It has been held that whether a statutory body falling within the purview of the expression “other authorities” is to be considered differently. In the opinion of the minority, the tests laid down, in this case, are relevant only for the purpose of determining whether an entity is an “instrumentality or agency of the State”.

In Electricity Board, Rajasthan v. Mohan Lal [AIR 1967 SC 1857], the Supreme Court held that the expression “other authorities” is wide enough to include all authorities created by the Constitution or statute on whom the powers are conferred by Law. It is not necessary that the statutory authority should be engaged in performing the governmental or sovereign function.

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