Pradeep Kumar Biswas v. Indian Institute of Chemical biology

Citation: 2002 5 SCC 1

Court: Supreme Court of India

Facts of the case: In 1972, Sabhajit Tewary , a junior stenographer with the Council of Scientific and Industrial Research (CSIR) filed a writ petition under Article 32 of the Constitution claiming parity of remuneration with the stenographers who were newly recruited to CSIR.  His claim was based on Article 14. A bench of 5 judges of Supreme Court denied him the benefit of the article because they held in Sabhajit Tewary  v Union of India  that the writ application was not maintainable against CSIR as it was not an authority within the meaning of Article 12. The correctness of the decision was raised before the Apex Court for reconsideration. The reconsideration resulted in a writ application filed by  Pradeep Kumar and others in the Calcutta High Court challenging the termination of their services by the respondent which is a unit of CSIR. A bench of two judge referred the matter to a larger bench considering the decision in Sabhajit Tewary required reconsideration.

Issue: Is the CSIR a state within a meaning of Article 12 of the Constitution and if it is , should this court reverse a decision which has stood over a quarter of century.

Judgment:  A seven judge bench by a majority of 5 :2 held that the Council of Scientific and Industrial Research is an instrumentality of the state within the meaning of Article 12 of the Constitution. Certain parameters were laid down by the court to determine whether a particular body could be treated as State for the purpose of Article 12. The court held that the principles formulated in the case of Ajay Hasia  was not rigid and therefore of a body falls within any of them , it s to be considered to be a state  within the meaning of Article 12.  As per the court, the question in each case will have to be considered on the basis of facts available as to whether the established body is financially, functionally and administratively dominated by or under the control of the Government. Moreover, such control must be particular to the body in question and must be pervasive. If these factors are found , then the body is to be construed as state within Article 12.

 However, mere regulatory control under the statute or otherwise would not serve to make the body a state.

The court after considering the decision in Sabhajit Tewari vs. Union of India, overruled the judgment as the decision did not hold CSIR to be a state under Article 12. The Government noted that Government plays a vital role in the governing body of CSIR and has overriding control over the organization and therefore, is apart of “State” under Article 12. The test of deep and pervasive state control was developed through this judgment and via this verdict widened the ambit of State under Article 12 of the Constitution.