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article 12 state

 

Article 12

  In this part, unless the context otherwise requires,” the state “includes the government and the 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.

Government and Legislature of union and states

They include the following entities such as union and state governments which include president and Governors of the state. Moreover, the term Government includes Departments of the government and institutions under the control of government like

  • Income tax
  • Excise Department
  • Forest Research Institute

Local Authorities

Some examples of bodies which come under local authorities include

  • Municipalities
  • District Boards
  • Panchayats
Other Authorities

            The constitution of India has failed to define the term other authorities which have become a bone of contention in many issues. To understand the meaning of other authorities we look into the judgements from Indian Courts.

Som Prakash Rekhi v Union of India

Broad and liberal interpretation must be given to the term other authorities keeping in mind the manifold function performed by the state. Hence, other authorities include both

  • Statutory
  • Non – Statutory Bodies

 

Test for Instrumentality of states

The Test for instrumentality of states was given in the case of R.D. Shetty v Union of India, which includes the following,

  • Financial resources of the state are the chief funding source
  • Entire share capital held by the government
  • Existence of Deep and Pervasive State Control
    • Appointment and removal of members
    • Rules made require prior approval of the government
  • Functions of Public Importance

For Corporations-Pradeep Kumar Biswas v Indian Institute of Chemical Biology

  • Department of Government is transferred to the corporation
  • When the corporation enjoys monopoly status which is conferred and protected by the State
  • Corporation need not necessarily created by statute

For Registered societies

In Ajay Hasia v Khalid Mujib, the court held that societies-registered under Societies Registration Act as a state based on the principle that “emphasis on not how the body is created by why it is created”.

Based on the above test, other authorities may include

  • Statutory corporations
  • Registered societies
  • Bodies with nexus to government functions

What is not a state?

In the case of Zee Tele Films v Union of India, the court held BCCI as not part of the state based on the following principles

  • Control must be pervasive and particular to the body in question.
  • Mere regulatory control whether under statue or otherwise would not serve to be part of the state
  • The facts established must cumulatively show that the body is financially, functionally, and administratively controlled by the government
  • If a private body performs a public function without the sanction of law, then by virtue of that functionality it cannot be called a state.
  • The socio-economic policy of the country has changed, the government is focusing more on governance than the commercial activities. Hence, further expansion of the scope for other authorities is not needed.

Is Judiciary a state?

  • Higher Judiciary is not considered a part of the state.
  • However, when judiciary exercises rulemaking power under art 145, it can be considered as a state- Rupa Ashok Hurra v Ashok Hurra

Conclusion

In conclusion, for a body to be determined as state the following facts must be proven cumulatively

article 12 state 

 

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In politics, many people believe they have different choices to select from, but in reality, they are left with political parties having same ideologies with similar styles of functioning. The political parties in India go to a great extent in creating the perception that they are different from each other, but a careful analysis will reveal that they have a similar style of functioning. For example, in the state of Tamilnadu the two major parties AIADMK and DMK works in similar fashion in all the criteria of governing like Leading the party ,strategizing during elections, and handling important issues affecting the state.

 

First in terms of leadership, both parties have similar styles of functioning. During the elections, for the post of party presidency members of both the parties select their leader unanimously. In the last 3 decades, both DMK and AIADMK have selected the same incumbent leader of their respective parties without anybody opposing them, thereby, proving that there is little party democracy left within them. The leaders themselves, in turn, give the most important positions to those who are close and loyal towards them. For example, In DMK, next to party president most of the other important positions are held by the family and close friends of the party president. Similarly, in AIADMK, it is no wonder that most of the decisions are taken by the close friend of its leader .Furthermore, both leaders have shown very immature animosity towards each other like arresting the opposition leaders by registering various cases against them and also, scrapping their welfare schemes .Thus,in terms of leadership style, there is little difference between the party leaders.

 

Next, they adopt similar strategies when facing elections. From candidate selection to party manifesto, these two parties follow very similar approach which in a way has brought immense success to them. During the recent elections, both parties selected candidates based on caste, money and loyalty. The manifesto of both the parties contained various free riders and appeasement towards the section of the population that they think will vote for them. During the vote canvassing both parties fielded various celebrities like film stars, cricketers, used the social media and news channels for advertising and illegal form of paid news. Last but not the least both distributed cash to voters as a means to lure them.

 

When it comes down to ideology and other important issues affecting the state, the parties act in no different manner. Both parties adopted a similar stand on the Srilankan Tamil’s issue by calling for an immediate ceasefire of the war and giving Tamils complete autonomy in their area, and advocated the central government to withdraw logistical support to the Srilankan army. In the similar fashion, the kudankulam issue saw both parties openly supporting the villagers and requesting the central government to stop using the nuclear reactor for power generation. In all other issues like liquor prohibition, river water management, agriculture, they take the same stand as one another.

 

In conclusion, the people of Tamilnadu are left with little choice to choose from the elections. The major parties in the fray DMK and AIADMK have the same ideology and are no different to each other. Their leaders work in a very similar fashion. Their stand on various issues of Tamilnadu polity is similar as well. Hence, what may seem as two parties with major difference is a myth, and in essence they are same in ideologies, leadership and functioning.

 

 

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