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CS Executive · Jurisprudence, Interpretation and General Laws · Constitution of India

Bharat Heavy Works Ltd is a company wholly owned by the Government of India, performing industrial activities under government control. Meera, an employee, alleges violation of her Fundamental Rights by the company. Whether a writ under Article 32 or 226 lies against it primarily depends on whether the company is:

The key question is whether the company is an instrumentality or agency of the State and hence 'State' under Article 12. Fundamental Rights bind the State, and a wholly government-owned, government-controlled company can qualify despite being incorporated under the Companies Act.

  1. AA 'State' within Article 12 as an instrumentality or agency of the GovernmentCorrect
  2. BRegistered under the Companies Act, 2013
  3. CCarrying on a profit-making activity
  4. DLocated within the territory of a High Court

Explanation

Fundamental Rights are enforceable against the 'State' as defined in Article 12, which includes authorities and instrumentalities of Government. Courts test deep and pervasive government control, financial support and public function. Being a registered company does not by itself exclude it from Article 12.

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