Supreme Court Annual Digest 2025: Fundamental Rights & Duties

Article 12. Definition Article 12 – Code of Civil Procedure, 1908 (CPC) - Section 80 – State – Notice – Held, Appellant, being a State Financial Corporation and thus a 'State' under Article 12 of Constitution was entitled to mandatory notice under Section 80 CPC - When a suit is filed against State instrumentality, the plaintiff must either issue a notice under Section 80(1) CPC or obtain leave under Section 80(2) CPC - Failure to do so bars the Civil Court from exercising jurisdiction against the State, rendering the suit unsustainable and liable to dismissal - A judgement rendered without jurisdiction is a nullity and can be challenged at any stage, including execution or collateral proceedings - The Trial Court has a duty to address the satisfaction of Section 80 notice as a precondition for initiating a suit. [Para 13, 29, 30] Odisha State Financial Corporation v. Vigyan Chemical Industries, 2025 LiveLaw (SC) 772 : 2025 INSC 928 Article 12 - Whether Air Force School constitutes a “State” or “authority” under Article 12 of the Constitution, making it amenable to writ jurisdiction under Article 226 for teachers' employment disputes. Held, Air Force School is not a “State” under Article 12. The school, managed by the Indian Air Force Educational and Cultural Society, operates as a non-profit, non-public fund entity primarily funded by student fees and voluntary contributions from IAF personnel, not from the Consolidated Fund of India. No evidence of deep or pervasive control by the Government or Indian Air Force (IAF) over the school's administration. Ex-officio IAF officers on governing committees do not indicate statutory or governmental control. The school's operations, including staff employment, are governed by private contracts, lacking a public law element. Even if the school performs a public function (education), this alone does not bring it within Article 12. Appeals dismissed. [Relied on: St. Mary's Education Society and Army Welfare Education Society, (Para 22-24)] Dileep Kumar Pandey v. Union of India, 2025 LiveLaw (SC) 629 : 2025 INSC 749 Article 12 - Police officers must abide by the Constitution and respect its ideals. Police machinery is a part of the State within the meaning of Article 12. Moreover, the police officers being citizens, are bound to abide by the Constitution. They are bound to honour and uphold freedom of speech and expression conferred on all citizens. (Para 29) Imran Pratapgadhi v. State of Gujarat, 2025 LiveLaw (SC) 362 : 2025 INSC 410 Article 12 and 226 - Function Test for Writ Jurisdiction - The Court emphasized the "function test" for determining whether a body is subject to writ jurisdiction. A private entity may be subject to writ jurisdiction only if it discharges a public duty or function, which Muthoot Finance Ltd. does not. The Supreme Court dismissed the petition, affirming that no case was made out for interference. The petitioner was left free to pursue civil remedies or arbitration. The judgment reinforces the principle that writ jurisdiction under Article 226 is not available against private entities unless they perform public functions or are statutorily obligated to do so. Private disputes, even involving regulated entities, must be resolved through civil or arbitration proceedings. S. Shobha v. Muthoot Finance Ltd., 2025 LiveLaw (SC) 125 Article 12 and 226 - Regulatory Compliance and Writ Jurisdiction - The petitioner argued that Muthoot Finance Ltd., being a non-banking financial institution regulated by the Reserve Bank of India (RBI), could be subject to writ jurisdiction if it breached statutory regulations. The Court rejected this argument, stating that regulatory compliance does not transform a private entity into a "State" or imbue it with public functions. The Court clarified that the petitioner's appropriate remedy lies in civil litigation or arbitration, as per the arbitration clause in the loan agreement. The High Court had also protected the petitioner's interests by directing the deposit of Rs. 24,39,085/- (from the sale of pledged gold) in a fixed deposit, with interest accruing to the petitioner. S. Shobha v. Muthoot Finance Ltd., 2025 LiveLaw (SC) 125 Article 12 and 226 - Writ Jurisdiction and Private Entities - Public vs. Private Law - The Supreme Court upheld the High Court's decision that Muthoot Finance Ltd., a private company registered under the Companies Act, 1956, does not qualify as a "State" under Article 12 of the Constitution. Consequently, it is not amenable to writ jurisdiction under Article 226 of the Constitution, as it does not perform any public or sovereign functions. The Court reiterated the distinction between public and private law, emphasizing that writ jurisdiction is generally limited to actions involving public duties or functions. Private entities, unless performing public functions or discharging statutory ...

Supreme Court Annual Digest 2025: Fundamental Rights & Duties

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