Kishor Madhukar Pinglikar vs. Automotive Research Association of India, SC 10th February, 2022

Kishor Madhukar Pinglikar vs. Automotive Research Association of India, SC 10th February, 2022

The Supreme Court held that the determination of a body as a 'State' is not a rigid set of principles. What is to be seen is whether in the light of the cumulative facts as established, the body is financially, functionally and administratively dominated by or under the control of the Government, albeit if the control is mere regulatory, whether under statute or otherwise, it will not serve to make the body a State. Also, the presence of some element of public duty or function would not by itself suffice for bringing a body within the net of Article 12.