Non State Actors Performing Public Functions and

Article 12 of Indian Constitution

A PROJECT SUBMITTED TO

RAJIV GANDHI NATIONAL UNIVERISTY OF LAW, PUNJAB

FOR THE THIRD SEMESTER OF B.A. LL.B. (HONS.)

Submitted To: Submitted By:

Ms. Lovepreet Kaur Shubham Tanwar

(Asst. Prof. of Law) Roll No. 18020

RGNUL, Punjab Group No. 3

1
 ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher Ms. Lovepreet Kaur
I, who gave me the golden opportunity to do this wonderful project of Constitution on
“Non State Actors Performing Public Function and Article 12 of Indian”. I came to know
about so many new things I am really thankful to them. Secondly I would also like to
thank my friends who helped me a lot in finalizing this project within the limited time of
frame.

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 Table of content

1.Introduction…………………………………………………………………4

2. Definition of non-state actors………………………………………………5

3. Significance of non-state actors…………………………………………….8

4. Article 12 of Indian constitution…………………………………………....9

5. State and instrumentalist ……………………………………………………11

6. Conclusion…………………………………………………………………..15

7.Bibliography…………………………………………………………………16

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Introduction:

Non-state actors are one of the important functions of the real world. Because in the age of
globalization they play a lot in all national mechanisms. In fact, they were created for the
development of the country. However, these are small sizes that hinder the development of
developed countries and state violence.

Non-state actors often have an impact on peace and improvement. But every time they
affect development, this is not always real. There are several examples about this third
world country that show the wrong approach. They make the difference between terrible
beings, reach people and serve their personal hobby. In international relations, non-state
actors (NSAs) are persons or agencies that maintain their activities and may be wholly or
partially independent of a sovereign kingdom or nation.

The activities, structure and impact of national safety authorities differ significantly. For
example, the NSA includes agencies, media companies, business tycoons, human liberation
movements, neighbourhood associations, spiritual endeavours, resource companies, and
acts of violence outside the country, including paramilitary forces. Non-state artists in
international relations are screen characters at the universal level, not part of the legislative
states. Nonstate screen characters are nonstate substances that exert extraordinary
monetary, political or social power, and influence nationally and from time to time around
the world. Classification does not apply to individuals and some definitions include worker
characteristics, network associations, religious institutions, ethnic groups and universities.
Today, the love affair of discipline with non-state actors is starting to weaken. Experts hope
the largest number of non-state actors are not what they seem. Rather than being
revolutionaries who specialize in changes that altruism could drive, non-state actors deal
with the political situation and are similar to other political actors based on their
commitments.

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Definition of Non State actors:

Non-State Actors, in worldwide politics, are actors on the worldwide degree which are not
states. The admission of non-nation actors into international members of the family theory
is inherently a rebuke to the assumptions of realism and different "black container" theories
of worldwide relations, which argue that interactions among states are the principle
relationships1of interest in studying international activities. But in recent times non country
actors act in extraordinary location of international politics of growing nations as a
representative of advanced or western societies. So, it can be outline non country actors as

• casual actors of state

• impact in states policy or ideology to satisfy own hobby

• oblique actors of worldwide

• reality inside the age of globalization

• can impact many nations at a time

Kinds of Non State Actors:

Different forms of non state actors act in exceptional segment of worldwide politics. Some
of them use violent manner as path in their achievement. They are not recognized through
international network however nevertheless they may be the factors.

Non-Governmental Organizations (NGOs)

These corporations are generally taken into consideration a part of society. They are given
certain rights to steer the govt.. Policy to improve the circumstance of human beings. They
basically paintings on civil, socio cultural rights of humans.

Multinational Corporations (MNCs)

Multinational businesses are for earnings businesses that operate in three or more
sovereign states. They are the consultant of open marketplace financial system and
predominant aim income making rater than mankind. They motivated country for his or her
business policy.

1
"Non-State Actors in Conflict". SIPRI Archive. Stockholm International Peace Research Institute.

5
The International Media

This kind of positive media used as a policy of media manipulation by using his personal
proprietor which must be evolved state.

Violent non-kingdom actor

They are not diagnosed via any part of global politics however they're quite influential in
state tiers of growing nations.

Armed companies: for instance rebellion competition forces, militias, and warlords.

Terrorist Organizations, Including agencies which includes Al-Qaeda, Lashkar e Tayyaba,

Jaish e Mohammed..

Criminal Organizations, for example drug cartels along with the Gulf Cartel.

Religious Groups

The Quakers are quite energetic in their worldwide advocacy efforts and their supportive
position at global conferences. They have in component based other non-country actors
inclusive of Amnesty International, Greenpeace, and OXFAM. The religion primarily
based NGO s is likewise an influential part of global and country wide politics.

Transnational communities

These kinds of actors are taken into consideration as the most influential element in
international politics of growing countries2. Developing countries are bound to them due
to their loan policy. Like World Bank (WB), global monetary fund (IMF),Asian
improvement bank(ADB).

Certain Individuals

This consists of an man or woman who act as a energetic agents of civil society.

Most kinds of non-state actors might be taken into consideration part of civil society,
although a few characteristic within the international marketplace (e.g. MNCs and
organized crime).In broader monetary angle nowadays all non state actors act due to their
personal financial hobby or power hunger. This sort of aim create violence inside or out of
doors in states. The term Non State Actors (NSA) is also widely utilized in improvement

2
Ibid

6
cooperation, in particular below the Cotonou Agreement between the European Union (EU)
and the Africa, Caribbean and Pacific ACP nations. In the formal language of the Cotonou
Agreement, the time period is used to consult a huge range of nongovernmental
development actors whose participation in ACP-EU cooperation is now officially
identified.

According to Article 6 of the Cotonou Agreement3, non-country actors consist of:

Civil society in all its variety, in line with national characteristics

Economic and social partners, including trade union organizations

The private area In exercise, it method that participation is open to all kind of actors,
including community-based companies, girl’s agencies, human rights institutions, non-
governmental businesses (NGOs), spiritual companies, farmers' cooperatives, exchange
unions, universities and studies institutes, the media, the private sector, etc. also protected
on this definition are casual agencies together with grassroots groups, informal personal
zone institutions, and so forth. The private region, but, is taken into consideration most
effective insofar as it's miles concerned in non-profit sports (e.g. Private region
association).

SIGNIFICANCE OF NON-STATE ACTORS:

Non-state artists work in what many call a shared society around the world. Scientists are
changing their deep understanding of what it is referring to. This is no longer a normal
level, as all researchers recognize a society shared around the world from the state structure.
This applies to organizations, extremist meetings, logical unions, religious unions, private
media, psychological combat systems, etc. that have capabilities that transcend national
borders. Some researchers thus avoid commercial interests, describing the society of the
common world as the "domain of world life" in which individuals participate in various
global relationships, as well as the way they live as residents of a given country or as a
producer and a buyer. . In both cases, universal society in the world is separated from the
state structure. Non-state artists play a major role in the international strategies of

3
The Cotonou Agreement. European Commission.

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developing countries and surprisingly control their behavior in international strategies.
They create a patio in local and global environments and operate at home or, on the other
hand, in host countries and in an open national and global consciousness. On-screen non-
state characters are dynamic in more than one state, so they can explore states against each
other. By employing former public servants and political pioneers, non-state characters on
the screen use the unique relationships of their employees. Today, non-state artists have
begun moving countries from various territories. Given the obligation to develop non-state
artists in the globalized world due to the financial intensity of activities around the world,
the non-state figures gathered on the screen include models in the field (International
Olympic Committee and International Football Federation for Beginners - FIFA), industry
guidelines, voluntary guidelines, etc.

Article 12 of Indian Constitution:

The Constitution of India, Article 12 : "In this part, except if the setting generally
requires, "the State" incorporates the Government and the Parliament of India, the
Government and the Legislature of every one of the States, all nearby and different
specialists inside the domain of India or under the influence of the Government of India."

Article 12 of the Constitution has four segments:

(a) The Government and Parliament of India-Government implies any division or

establishment of office. Parliament will comprise of the President, the House of People
and Council of States.

(b) The Government and Legislature of each State-State Legislatures of each State
comprise of the Governor, Legislative Council and Legislative Assembly or any of them.

(c) Local Authorities inside the region of India

(d) Other Authorities-Authorities other than neighbourhood experts' working-

( I ) Within the region of India or;

( ii ) Under the control of the Government of India.

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Concept of state:

The law word reference characterizes "state" as :-

A body politic, or society of men joined to advance their common security and preferred
position, by the joint endeavours of their consolidated quality4. People need sacred security
from the demonstrations of the state itself. “Key rights security is accessible against the
state just as standard laws are adequate enough to ensure encroachment of rights by people.
With incredible forces comes a more serious danger of maltreatment and so as to defend
rights and opportunity of people so men in power don't stomp on upon them5”. Be that as
it may, so as to dive further into the idea it is initially basic to investigate the meaning of
"state". Meaning of State isn't restricted. It incorporates every single such substance that
are comprised by the State. Extensive light is tossed on what are the 'other specialists'
thought about by Article 12 which falls inside the meaning of the State by the Supreme
Court in Rajasthan State Electricity Board v. Mohan Lal6 This was the situation wherein court
was called upon to think about whether Rajasthan Electricity Board was an expert inside the
significance of the articulation "different specialists" in Article 12. Bhargava J., conveying the
judgment of the greater part called attention to that the articulation "different experts" in Article
12 could incorporate all sacred and statutory experts on whom forces were presented by law.

In another case, the Supreme Court in Sukhdev v. Bhagatram7 considered the significance
of "different experts" as gave in Article 12 of the Constitution. The Court held that the
principles and guidelines surrounded by the Oil and Natural Gas Commission, the Life
Insurance Corporation and the Industrial Finance Corporation are on the whole States in
light of the fact that the standards and guidelines made by them have the power of law. The
workers of these statutory bodies have a statutory status and they are qualified for the
revelation of being in business when their expulsion or rejection is in the contradiction of
the statutory arrangements. The Court held that these statutory bodies are "experts" as gave
under Article 12 of the Constitution.

4
J.N. Pandey, The Constitutional Law Of India, Central Law Publisher, Allahabad, 2011, p. 59

5
Ibid.
6
AIR 1967 SC 1857.
7
AIR 1957 SC 1331.

9
State and its instrumentalities:

Various factors for determining whether a body is agency of state has been laid down in
Ajay Hasia v. Khalid Mujib8 :

a) If the whole share capital of the company is held by the administration, it would go for
long route towards demonstrating that the organization is an instrumentality or an expert of
the legislature.

b) Where the money related help of the state is to such an extent as to meet practically
whole consumption of the company it would manage the cost of some sign of partnership
being impregnated with the administration character.

c) Whether the organization appreciates syndication status which is state presented or state
ensured.

d) Existence of profound and unavoidable state control may manage the cost of a sign that
the organization is a state office or instrumentality.

e) If the capacity of the organization are of open significance and firmly identified with
government capacities, it would be important factor in characterizing a partnership as an
instrumentality or office of the legislature.

f) If a branch of government is moved to partnership, it would be solid factor supporting

the surmising of the enterprise being an instrumentality or office of the administration.

On account of Ajay Hasia v. Khalid Mujib9 the inquiry raised was whether the Regional
Engineering College, Srinagar, built up, controlled and overseen by a general public
enrolled under the J&K Registration of Societies Act, was State inside the significance of
Article 12. Equity P. N. Bhagwati representing a consistent five-judge seat emphasized that
the test for deciding if an organization falls inside the meaning of State in Article 12 was
an instrumentality or office of government. The enquiry must be not how the juristic
individual was conceived but rather for what reason was it brought into reality. It was in
this manner unimportant whether the company was made by a rule or under a rule. The idea
of instrumentality or organization of the legislature was not restricted to a partnership made

8
(1981) 1SCC 722: AIR 1981SC 487
9
(1981) 1SCC 722: AIR 1981SC 487

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by a resolution however was similarly appropriate to an organization or society thinking
about the important variables. Considering the tests figured in Ajay Hasia case , and holding
that the tests so set down, were not an unbending arrangement of standards, so that if a
body fell inside any of them, it must, ex speculation, be viewed as a state inside the
significance of Article 12, the larger part decided that the inquiry for each situation would
be – "regardless of whether in the light of combined realities as set up, the body is
monetarily, practically and authoritatively commanded by or under the influence of
Government. Such control must be specific to the body being referred to and must be
inescapable. In the event that it was discovered that the control of the Government was only
administrative whether under Statute or else, it would not serve to make the body, an
express, the court held.

Clarifying and reprimanding the choice in Ajay Hasia case, the minority, comprising the
two scholarly judges, said that the tests set down all things considered were pertinent to
decide if a substance was an instrumentality or office of the state and that just by holding a
lawful element to be an instrumentality or organization of the state10, it didn't really turned
into a specialist inside the importance of "different experts" in Article 12. "To be a
specialist", the educated judges opined, "the element ought to have been made by a Statute
or under a rule and working with risk and commitments to people in general."

Applying the tests laid by the Apex Court in Pradeep Kumar Case11, a Divisional Bench
of the Supreme Court in G. Bassi Reddy v. Universal12 Crops Research Institute, held the
respondent foundation isn't secured by Article 12. The foundation is an International
Organization, set up as a non-benefit research and preparing focus, with the article to help
creating nations in semi-bone-dry tropics to reduce provincial destitution and appetite in
manners that are ecologically supportable. Not set up by the Government, the organization
gives its administrations wilfully to countless countries other than India. It isn't constrained
by, neither one of the its is responsible to the Government. The Indian Government's money
related commitment to the Institute is negligible and is support in organization of the
Institute is constrained to 3 out of 5 individuals.

10
Ibid
11
Pradeep Kumar v. I.I.C.B., (2002) 5 SCC 111.
12
AIR 2003 SC 1764.

11
It was set out that The Indian Statistical Institute13, Indian Council of Agricultural
research14 , Sainik School Society15 , U.P. State Co-employable Land Development Bank
Ltd. , U.P Rajya Karamchari Kalyan Nigam , all social orders enrolled under the Societies
Registration Act; Project and Equipment Corporation of India Ltd. an administration of
India undertaking; Food Corporation of India , a statutory partnership; The Steel Authority
of India Ltd, a Public Limited organization claimed, controlled and directed by the Central
Government ; Mysore Paper Mills Ltd, a State Government Company ; The Indian Oil
Corporation, an organization enlisted under the Companies Act, 1956 ; a State-helped
school, whose representatives appreciate statutory security and which is liable to the
guidelines made by the State training division ; a restorative school kept running by city
enterprise ; a few State power sheets made on the lines of Rajasthan Electricity Board;
Central Inland Water Transport Corporation Ltd, an administration organization together
possessed by Central government and two State governments ; a Government Company
comprised as advancement specialist under a State Town Planning Act; provincial country
banks built up under the Regional Rural Banks Act,1976; port trusts made under the Major
Port Trusts Act, 1889 or 1963 have been held 'other experts' inside the significance of
Article 12. In M.C. Mehta v. Association of India , without choosing the inquiry at last,
Justice Bhagwati progressed solid contentions for including the non-legislative
organizations inside the importance of state.

13
B.S. Minhas v. Indian Statistical Institute, (1983) 4 SCC 582: AIR 1984 SC 363 .
14
P.K. Ramchandra Iyer v. Union of India, (1984) 2 SCC 141
15
All India Sainik School Employees Association v. Sainik School Society AIR 1988 SC 88

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Some other case laws:

Ujjammbai v. State of U.P16.

University of Madras v Shanta Bai17
Housing Board of Haryana v Employees’ Union18
Ajit Singh v State of Punjab19
Zee Telefilms Ltd. and Ors v. Union of India (UOI) and Ors20
Ramana Dayaram Shetty v. The International Airport Authority of India21
Mysore Paper Mill Ltd. v. Mysore Paper mill Officer’s Association 22
Pradeep Kumar Biswas v. Indian Institute of Chemical Biology and Ors23
Board of Control for Cricket in India and Ors v. Cricket Association of Bihar and
Ors24

16
AIR 1962 SC 1621
17
M.P. Jain, Indian Constitutional Law. Nagpur: Lexis Nexis, 2012. p.907. Print
18
AIR 1996 SC 434
19
AIR 1967 SC 856
20
https://www.manupatrafast.in/pers/Personalized.aspx
21
AIR 1975 SC 1053
22
https://www.manupatrafast.in/pers/Personalized.aspx
23
https://www.manupatrafast.in/pers/Personalized.aspx
24
https://www.manupatrafast.in/pers/Personalized.aspx

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CONCLUSION:

From the seventeenth century, if not before, human reasoning has evolved from the
assumption that man enjoys certain basic, fundamental, characteristic and unavoidable
rights, and this is the capacity of the state as a whole. together to protect human freedom,
human character. servants and an attractive popularity-based social life follow to take
advantage of these rights and opportunities and enable them to play for free. The idea of
human rights guarantees people an excess of the state. The idea of human rights
demonstrates efforts to protect a person against harassment and criminal games. It is now
widely accepted that the privilege of freedom is the essence of a free society and must be
consistently defended. Guaranteeing certain rights means guaranteeing the basic person the
guaranteed opportunity. Part III of the Constitution guarantees fundamental rights in the
same way as procedural rights. Articles 12-35 of the Constitution concern the fundamental
rights of individuals. Most fundamental rights are guaranteed against the state and its
institutions, not private bodies. Article 13 2 prohibits the state from invading the
fundamental right. In accordance with art. 13 section 2 the state "does not lay down
provisions regarding the abolition or limitation of fundamental rights; and a law that denies
fundamental rights is, whenever possible, rejected. This is an established basic agreement
governing the law. If such a right violates a fundamental right, this would lead to the
initiation of the abdominal muscles, i.e. from its inception. Impact of Art. 13 section 2 thus
consists in the fact that the state may not infringe any fundamental right, either by
authoritarian activity or by management.

Two significant ideas used in this system are "state" and "law". These ideas need to be
clarified this way. Fundamental rights are essentially applied against the "state". Article 12
gives the term critical "state". Article 12 specifies that the term "State" in Article 13 (2) or
another provision referring to fundamental rights has a broader meaning. The functioning
of any body forming the notion of "State" within the meaning of Article 12 may be the
subject of an appeal to a court within the meaning of Art. 32 for violation of fundamental
rights. Given the likelihood and the consequences of allowing negative universal
capabilities for non-state human rights figures, we can not in any way presume that it is
necessary to increase the confidence of those who have more to ensure the respect of their

14
privileges. guaranteed against any infringement of their privileges, whether they come from
the State or from various elements. In fact, given that States have human rights obligations,
this reduces the insurance coverage mentioned above and avoids integration requests, with
the exception of those with regrettable losses. that the state has not suffered karma. On the
other hand, today's global legal institutions allow many negative skills to be attributed to
non-state artists. As a result, they may be subject to substantial restrictions, for example,
the maintenance of obligations and obligations, obligations and new rights at any time, and
procedural restrictions, for example, the possibility of meeting in litigation against them.
around the world and obliged to preserve the choices made in the world

15
Bibliography

Books:

1. De, D. J., Interpretation and Enforcement of Fundamental Rights, Eastern Law House,
Calcutta, 2010

2. Jain, M.P., Indian Constitutional Law, Lexis Nexis, Nagpur, 2012

3. Pandey, J. N., The Constitutional Law of India, Central Law Agency, Allahabad, 2012

4. Rai, Kailash, The Constitutional Law of India, Central Law Publication, Allahabad, 2008

5. Seervai, H.M., Constitutional law of India, Universal Law Publishing, Allahabad, 2006

6. Singh, M.P., Constitution of India, ed. V.N.Shulka, Eastern Law House, Calcutta, 2010

7. Singhvi, L. M., Constitution of India, N. D. Thomas, Reuters, 2013

8. Bakshi, P M, The Constitution Of India, Universal Law Publication, 2010

9. Basu, D.D, Commentary on the Constitution of India, Lexis Nexis, Nagpur, 2012

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