In which decision did the Supreme Court first articulate the 'instrumentality or agency of the State' test for determining whether a body is 'State' within Article 12?
ARamana Dayaram Shetty v. International Airport Authority, AIR 1979 SC 1628
BPradeep Kumar Biswas v. Indian Institute of Chemical Biology, (2002) 5 SCC 111
CR. Antulay v. R. S. Nayak, (1988) 2 SCC 602, dealing with judicial powers
DZee Telefilms Ltd. v. Union of India, (2005) 4 SCC 649, on BCCI's status
Answer & Solution
Correct answer: A. Ramana Dayaram Shetty v. International Airport Authority, AIR 1979 SC 1628
1. In R. D. Shetty (1979), Bhagwati J. laid down indicators (financial assistance, governmental character, deep State control) to test whether a corporation is an instrumentality or agency of the State.
2. Ajay Hasia v. Khalid Mujib (1981) later formalised these into six tests.
3. Pradeep Kumar Biswas applied the test to CSIR; Zee Telefilms applied it negatively to BCCI.
4. Antulay's case dealt with judicial powers under Article 12, not the instrumentality test.
_Source: Constitution of India (Bare Act, updated to 105th Amendment Act 2021), Govt. of India Legislative Dept., R.D. Shetty v. International Airport Authority, AIR 1979 SC 1628_
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