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Report No. 101

7.4. Unincorporated bodies.-

As regards entities such as registered societies, for whom corporate status does not exist in law1, the amendment recommended by us will not apply. We had, in our Working Paper, included unincorporated bodies and associations (with members who are Indian citizens) as entities to whom the right should be extended. However, we have now come to the conclusion that since they do not, strictly speaking, have a legal personality, they need not be covered by the article under consideration2.

1. See-

(a) Board of Trustees, Ayurvedic and Tibbia College v. State of Delhi, AIR 1968 SC 458.

(b) Kalra Education Society v. Amalgamated Society of Rly. Servants, AIR 1966 SC 1301.

(c) S.P. Mittal v. Union of India, AIR 1983 SC 1, para. 67.

2. Para. 7.5, infra.

Freedom of Speech and Expression under Article 19 of the Constitution - Recommendation to Extend it to Indian Corporations Back

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