Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Scope of Constitution of India. Arts. 12 and 226 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India :Arts. 12 and 226-Scope of- Writ petition u/Art. 226- Against respondent-Commission - Challenging the order terminating the services of the appellant employee - Whether maintainable - High Court held that it was not maintainable because the respondent-Corporation was not a 'State' u/Art.12 and also because the actions of the respondent were not amenable to judicial review- On appeal, held: Even if a person or authority is a 'State'within meaning of Art. 12, a writ petition would not lie to enforce private law rights- If a person or authority does not come within the sweep of Art. 12, but is performing public duty, writ petition lies - However, such private body should either run substantially on State funding or discharge public duty/positive obligation of public nature or is under liability to discharge any function under any statute to compel it to perform such a statutory function - Even if a body performing public duty is amenable to writ jurisdiction, all its decisions are not subject to judicial review, but only those which have public element therein - Contractual and commercial obligations are enforceable only by ordinary action and not by judicial review - The respondent-Commission in the present case is not funded by the Government- The functions and duties of respondent- Commission also do not come within the meaning of 'public functions' and 'public duties' to bring the Commission within the ambit of expression 'other authority' in Art. 226 - Even otherwise the impugned action of terminating the services of the appellant does not involve public law element and no 'public law rights' have accrued in favour of the appellant- Therefore, the writ petition was not maintainable - Service Law- Termination of service Arts. 12 and 226 - Power under Art. 226 - Scope of Held: The power of High Court u/Art. 226 is not limited to the authority which is qualified to be a 'State' u/Art. 12- The term 'authority' in Art. 226 has a wider meaning than the same very term used in Art. 12- The power is not limited to enforcement of fundamental rights, but also 'for any other purpose'. Words and Phrases - 'Authority' - Connotation of, in the context of Arts. 12 and 226 of the Constitution of India - Discussed. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2014 INSC 892 |
Petitioner | K. K. Saksena |
Respondent | International Commission On Irrigation And Drainage & Ors. |
SCR | [2014] 14 S.C.R. 892 |
Judgement Date | 2014-12-18 |
Case Number | 11499 |
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