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Report No. 145

2.2. The beginning.-

Generally, this expansive interpretation of Article 12 is taken to have begun with a judgment holding that the Rajasthan State Electricity Board falls within "State".1 In coming to this conclusion, the Supreme Court emphasised the fact that such authorities are constitutional or statutory authorities and that they exercise powers conferred by law. It may be mentioned that State Electricity Boards are constituted under the Electricity (Supply) Act, 1948. The ingredient of "authority" (apart from other additional factors) seemed to have weighed with the court in coming to this conclusion. This reasoning was reiterated in one of the judgments of the Supreme Court pronounced in 1975.2

1. Rajasthan State Electricity Board, Jaipur v. Mohan Lal, MR 1967 SC 1857.

2. Sukhdev Singh v. Bhagat Ram, AIR 1975 SC 1331.

Article 12 of the Constitution and Public Sector Undertakings Back

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