Home › CLAT PG › law › constitutional_law_advanced › The expression 'authorities' under Article 12 ha…
The expression 'authorities' under Article 12 has been judicially expanded. Which of the following lays down the comprehensive test for 'instrumentality of the State'?
ASunil Batra v Delhi Administration
BA K Gopalan
CAjay Hasia v Khalid Mujib Sehravardi (1981) — six factors: financial assistance, monopoly status, deep and pervasive State control, functions of public importance, etc.; later affirmed in Pradeep Kumar Biswas (2002)
DOlga Tellis v BMC
Answer & Solution
Correct answer: C. Ajay Hasia v Khalid Mujib Sehravardi (1981) — six factors: financial assistance, monopoly status, deep and pervasive State control, functions of public importance, etc.; later affirmed in Pradeep Kumar Biswas (2002)
Ajay Hasia formulated the six-factor test, refined by Pradeep Kumar Biswas (7-judge bench). Zee Telefilms (2005, 3-2) held BCCI is not 'State' as it lacks deep and pervasive control, marking a contraction.
Related questions
Under the doctrine of 'pith and substance', if a law enacted by one legislature INCIDENTALArticle 311(2) provides that a civil servant cannot be dismissed, removed or reduced in raIn M C Mehta v Union of India (1986), the Supreme Court evolved the principle of 'absoluteUnder Article 13(2), any law made by the State 'in contravention' of the Fundamental RightS R Bommai v Union of India (1994) significantly curtailedWhich decision laid down that Article 21's 'procedure established by law' must be just, fa'Prospective overruling' as a constitutional technique was introduced in India inDoctrine of 'colourable legislation' is BEST captured by the maxim