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Report No. 145

Article 12 of The Constitution and Public Sector Undertakings

Chapter 1

Introduction

1.1. Genesis of the Report.-

This report deals with the question whether public sector undertakings should be excluded from the operation of Article 12 of the Constitution. Article 12 defines the expression "State" as including, for the purposes of Part III of the Constitution (fundamental rights), all local or other authorities within the territory of India or under the control of the Government of India. The Law Commission of India has been requested to examine the question, in a formal reference made to the Commission by the Government of India at the instance of the Bureau of Public Enterprises.1

1. F. No. D.O. F. 12(1)/87-L.C., dated 30-3-1987 of Shri H R. Bhardwaj, Minister of State, Law and Justice, Government of India.



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