In which of the following case the Supreme Court of India held that a Government Company is a State?
In Som Prakash Rekhi v. Union of India, the Supreme Court treated Bharat Petroleum Corporation as State under Article 12. A body does not escape constitutional obligations…
Choose your answer
In which of the following case the Supreme Court of India held that a Government Company is a State?
Answer and explanation
Correct answer C
In Som Prakash Rekhi v. Union of India, the Supreme Court treated Bharat Petroleum Corporation as State under Article 12. A body does not escape constitutional obligations merely because it has been incorporated as a company. Its relationship with government and its character as a governmental agency or instrumentality determine whether it falls within Article 12.
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