Report No. 145

Article 12 of The Constitution and Public Sector Undertakings

Contents
Chapter 1	Introductory
1.1.	Genesis of the Report
2.	Decisions of the Supreme Court
3.	Points raised by Bureau of Public Enterprises
4.	Earlier Report
5.	Steps preparatory to the Report
Chapter 2	Present Position
2.1.	The constitutional provision
2.	The beginning
3.	Agency or instrumentality of the State
4.	Public Character
5.	Government companies
6.	Statutory and non-statutory status
7.	Registered Societies
8.	Deep and pervasive control and societies
9.	Banking institutions and co-operative societies: Test of Control
10.	Tests not exhaustive
11.	Non-Statutory functions
12.	Legal Position
Chapter 3	Objectives of Public Sector and the Statistical Picture
3.1.	Difficulties experienced
2.	Major objections
3.	The aspect of efficiency
4.	The statistical picture: Commercial matters
5.	Statistics as to service matters
6.	Overall picture
7.	Figures given in 126th Report
8.	Committee on Public Undertakings: 9th Report
Chapter 4	Some Minor Clarifications
4.1.	Scope of the Chapter
2.	Article 311 of the Constitution
3.	Problems of documents
4.	Injunctions
5.	Considerations for the grant of Injunctions
6.	Injunctions against public sector undertakings
7.	Bank guarantees
8.	Article 12 and injunctions
Chapter 5	Arguments for and Against Amendment, and Conclusion
5.1.	Introduction
2.	Arguments favouring the amendment: business principle
3.	The argument of autonomy
4.	Impact on management
5.	The beneficiaries
6.	Inter-connection between the arguments
7.	Arguments against amendment: business principles
8.	Relevance of "public" character
9.	Dichotomy of business principles and availability of writ jurisdiction
10.	The aspect of autonomy
11.	The aspect of management
12.	Beneficiaries of the present position
13.	The fundamental issue: Equality
14.	The statistical picture
15.	Situation regarding lowest tender
16.	Right to information
17.	Inadvisability of amendment
18.	Function of judicial review
19.	The aspect of human rights
20.	Validity of the proposed amendment
21.	Role of civil court
22.	Conclusion