Ramana Dayaram Shetty V/s The International Airport Authority of India and ORS is the most important Article 12 Case Law. In this case, Judiciary tried to clear the concept of the State. In this Case, Justice P.N. Bhagwati gave five points which clarified whether a particular entity is a State or not? Let’s discuss this case law in detail.
Article 12 Case Law: R.D. Shetty Vs. Airport Authority of India & Ors.
Issue in this case?
The International Airport Authority of India a state or not?
whether Airport Authority of India comes within the definition of the State under Article 12 of Indian Constitution. It is important because if Airport Authority comes within the definition of State then Fundamental Rights can be made enforceable against Airport Authority of India as well.
Court Decision:
Court decided that , it comes within the definition of State, following reasons were given by the State:
- It performed functions that were considered to be of a public nature or for the benefit of the general public.
- The AAI, which was a statutory body established by an Act of Parliament
- Performed functions that were akin to those of the government, such as managing and operating airports, providing air traffic control services, and ensuring the safety and security of air travelers.
Five points to consider whether a body is State nor not?
Justice P.N. Bhagwati gave five points to consider before deciding whether a body is a State or not. These are:
- Whether the body is created by a statute, i.e., whether it is a statutory body.
If it is created by a Statute, then it may consider as a State.
- Whether the body is financially autonomous or receives funding from the government.
It the body is received by government then it may consider it as State.
- Whether the body is vested with powers or duties that are normally associated with governmental functions.
If functions are akin to governmental functions then a body may consider it as State.
Whether the body is subject to a significant degree of control by the government or the government exercises regulatory control over its functions.
If significant degree of control is by the government then that body may consider it as State.
Whether the body has a monopoly in a particular field or whether it performs a public function.
If monopoly is given by the Government then that entity may consider it as State.
The above mentioned list or conditions are not exhaustive, other circumstances, facts etc. are also to be considered to declare whether a body is declared as State or not.
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