Pradeep Kumar Biswas Case (2002) | Article 12 'State' Test Explained | Part 4

A research society receives government money and follows government directions - is it part of the State? Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2002) explained in simple English - Article 12. Part 4 of 40 in Law Easy's Constitutional Case Laws series for LL.B., CLAT PG, UGC NET Law and judiciary preparation. THE FACTS The dispute concerned an institute connected with the Council of Scientific & Industrial Research (CSIR). Earlier, the Supreme Court had treated the Council as outside Article 12 because it was organised as a registered society. A seven-judge bench had to look more closely at the real relationship between the Council and the government. THE LEGAL QUESTION What is the correct test for deciding whether a body is 'State' under Article 12 - and was CSIR an instrumentality of the State? WHAT THE SUPREME COURT HELD By a majority, a seven-judge bench held that the Council was an instrumentality of the State. The test: is the body financially, functionally and administratively dominated by, or under the control of, the government, and is that control deep and pervasive? The judgment overruled the earlier decision in Sabhajit Tewary to the extent that it placed the Council outside Article 12. KEY POINTS TO REMEMBER - Financial, functional and administrative control are examined together - Ordinary regulation (like health or education rules for private bodies) does not make a body the State - Actual government domination can matter more than whether the body calls itself a society FOR YOUR EXAM Do not write that every government-funded body is automatically the State. State the full test and explain the difference between ordinary regulation and pervasive control. CONTINUE THE SERIES Next, Part 5: Zee Telefilms v Union of India (2005) | Is BCCI the State? Article 12 & 226 https://youtu.be/RKR3I6RP8Xw Related, Part 3: Ajay Hasia v Khalid Mujib Sehravardi | Article 12 Instrumentality of State Test https://youtu.be/hSVBZSm4o0g All 40 Constitutional Case Laws (playlist): https://www.youtube.com/playlist?list=PLT4r9ZZ3tKLM Complete lecture, all 40 cases in one video: https://youtu.be/oUrSfn3wp8s?t=383 (this case starts at 6:23) Notes and study material: https://www.thelaweasy.com Subscribe to Law Easy for more Constitutional Law, LL.B., CLAT PG, UGC NET Law and judiciary lectures: https://www.youtube.com/@LawEasyin?sub_confirmation=1 Educational content only, not legal advice. Always read the original judgment and check the latest law before relying on a case in an answer or in practice. #ConstitutionalLaw #CLATPG #UGCNETLaw #LawEasy #Article12