The Ajay Hasia Case: Society and the Fundamental Rights

Abstract

The ‘state’ as defined in Article 12 includes ‘other authorities’, and these are subject to the constitutional limitations. The right to equality requires them to not act arbitrarily. A body which is an instrumentality or agency of the government is ‘other authority’. The term has been subject to judicial interpretation. The Ajay Hasia Case consolidated the developing law and formulated that not only the bodies created by an Act but bodies created under a law, like societies under the Societies Registration Act could be ‘other authorities’.