Case Summary: Pradeep Kumar Biswas vs Indian Institute of Chemical Biology & Others
Citation: (2002) 5 SCC 111 | Date of Decision: 16-04-2002
Case No.: C.A. No.-000992 / 2002
[Judgment Source]
https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=273902
Law Points Raised:
1. Whether the Council of Scientific and Industrial Research (CSIR) qualifies as a “State” under Article 12 of the Constitution.
2. Re-evaluation of the correctness of the precedent set in Sabhajit Tewary v. Union of India (1975) which held CSIR was not a “State”.
3. Whether the writ petition against CSIR is maintainable under Article 226.
4. Broader interpretation of “State” in light of public function, financial aid, and government control.
Ratio Decidendi:
The Supreme Court held that CSIR performs public functions with substantial funding and control from the government. It satisfies the tests laid down by earlier judgments and thus qualifies as an instrumentality or agency of the State. The Court emphasized that Article 12 must be interpreted liberally to cover entities with pervasive State control, especially when fundamental rights are at stake.
Final Ruling:
The Court overruled Sabhajit Tewary’s decision and held that CSIR is “State” under Article 12. Consequently, a writ petition is maintainable against it under Articles 32 and 226. The appeal was dismissed, affirming that the appellants could seek constitutional remedies.
Relevant Paragraph Numbers:
• 1-4: Background and procedural history.
• 5-11: Evolution of the definition of "State" under Article 12.
• 12-15: Landmark decisions establishing precedent (Electricity Board, ONGC, LIC).
• 16-17: Mathew J’s criteria for determining agency/instrumentality of the State.