Английская Википедия:Ajay Hasia v. Khalid Mujib
Шаблон:Short description Шаблон:Infobox court case
Ajay Hasia v Khalid Mujib, (1981) 1 SCC 722, was a landmark decision by the Supreme Court of India in which the Court laid down a test to determine whether an individual, corporation, or society was an instrumentality or agency of the government, and therefore whether it could be considered a State for the purposes of Article 12 of the Constitution of India.[1] If a body is 'State' for the purposes of Article 12, a writ can lie against them for violating the Constitution.Шаблон:R The judgment of the Court, delivered by Justice P. N. Bhagwati, was largely a summarization of Bhagwati's view in R. D. Shetty v International Airport Authority of India. Ajay Hasia summarized International Airport Authority into a six-factor test to determine whether a body was an instrumentality of agency of the State. Шаблон:R
Judgment
Justice P. N. Bhagwati delivered the judgment of the Court.Шаблон:R The most influential portion of the judgment is the summarized six-factor test and largely the reason why it is often cited over the International Airport Authority case, a previous judgment by Justice Bhagwati. The six factors were:[2]
- Whether the share-capital of the corporation is held by the Government
- Whether the financial assistance of the State meets almost the entire expenditure of the corporation
- Whether the corporation enjoys a state-conferred or state-protected monopoly status
- Whether there is deep and pervasive state control
- Whether the functions of the corporation are of public importance and closely related to Governmental functions
- Whether a department of Government has been transferred to a corporation
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