Article 12: Definition

Leading cases

• Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2002)The majority held that the Council of Scientific and Industrial Research is 'the State' under Article 12, being financially, functionally and administratively dominated by the Government, and overruled Sabhajit Tewary v. Union of India.
• Zee Telefilms Ltd. v. Union of India (2005)By majority, the Board of Control for Cricket in India is not 'State' under Article 12, so a petition under Article 32 does not lie against it, though Article 226 may lie for its public duties.
• M.C. Mehta v. Union of India (1986)An enterprise engaged in a hazardous or inherently dangerous activity is absolutely liable for harm caused by an accident in it, without the Rylands v. Fletcher exceptions, and the Court may award compensation under Article 32 in appropriate cases.
• Ajay Hasia v. Khalid Mujib Sehravardi (1980)A society registered under a Societies Registration Act that is an instrumentality or agency of Government is 'State' under Article 12; allotting one-third of the marks to a brief viva voce made admissions arbitrary under Article 14.

Questions on this article

19 questions in 26 of our papers cite Article 12. Try these from the free papers:

1. 1. Consider the following statements about Ajay Vijh v. Indian Banks Association (7 July 2026): 1. The Court held the writ petition not maintainable because the Indian Banks' Association is not 'State' under Article 12. 2. The Court said the Caution List is meant for cases of fraud, dishonesty, criminality or other serious misconduct affecting the banking system. 3. The Court directed the Bar Council of India to constitute a team to consider establishing a National Legal Academy for lawyers. Which of the statements given above is/are correct?

   A.1, 2 and 3B.2 and 3 onlyC.1 and 2 onlyD.3 only
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2. 2. B is a private body that is not 'the State' under Article 12, but it performs a positive public duty. A person whose legal right is affected by B's failure to perform that duty wants a constitutional writ remedy. On the view stated in Zee Telefilms Ltd. v. Union of India (2005), which is correct?

   A.He may file a writ petition under Article 226, which can issue to any person or authority performing a public dutyB.He has no writ remedy at all, because writs under Articles 32 and 226 lie only against 'the State' under Article 12C.He may file a petition under Article 32, because any body performing a public duty is 'the State' for Part IIID.He may seek only a declaration in a civil suit, since a writ of mandamus can never issue to a private person
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3. 3. In Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2002), a seven-Judge Bench held the Council of Scientific and Industrial Research to be "the State" under Article 12. The test it laid down asks whether the body is:

   A.wholly owned by the Government, the form of incorporation being decisiveB.performing a function that benefits the public, irrespective of Government controlC.registered under a statute, whether or not the Government has any control over itD.financially, functionally and administratively dominated by or under the control of the Government
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