New Delhi: The Supreme Court on Friday ruled that the National Book Trust (NBT) falls within the definition of ‘State’ under Article 12 of the Constitution, observing that the government exercises deep and extensive control over its functioning.
A bench comprising Justices Prashant Kumar Mishra and Augustine George Masih dismissed an appeal filed by the NBT chairman and another petitioner against a 2012 ruling of the Delhi High Court’s full bench. The High Court had previously recognised the Trust as an instrumentality of the State.
The ruling has significant constitutional implications, as institutions classified as ‘State’ under Article 12 are subject to the enforcement of fundamental rights. This allows individuals to approach courts, including High Courts and the Supreme Court, when their fundamental rights are violated by such institutions.
