For Prelims: Article 12, Other Authorities, Fundamental Rights, Nodal Body, Constitutional Article, Bench, Previous Ruling
For Mains: Doctrine of instrumentality, Cumulative control test, Horizontal application of fundamental rights
Source:
Hindustan
5 facts for one-day exams
SSC, railway, police and teaching exams ask direct questions like these.
- The Supreme Court declared National Book Trust (NBT) a 'State' under Article 12.
- Article 12 defines 'State' for the enforcement of Fundamental Rights.
- The judgment was delivered by Justice Prashant Kumar Mishra and Justice Augustine George Masih.
- The court upheld the 2012 Delhi High Court full bench judgment.
- NBT is under the control of the Ministry of Education.
Why in the news?
The Supreme Court has ruled that the National Book Trust (NBT) is a 'State' under Article 12 of the Constitution, meaning citizens can enforce their fundamental rights against it. This landmark judgment reaffirms the 'other authorities' test for bodies under deep government control.
Summary
- SC upheld the 2012 Delhi High Court full bench judgment declaring NBT a 'State' under Article 12.
- NBT is financially, functionally and administratively dominated by the government, meeting the 'other authority' criterion.
- Any person can now approach courts to enforce fundamental rights against NBT.
Highlights
SC Upholds HC Ruling
The Supreme Court dismissed an appeal against the 2012 Delhi High Court judgment that first declared NBT a 'State' under Article 12.
What is NBT?
National Book Trust is a government body under the Ministry of Education, involved in publishing and promoting books.
Test Applied
The court applied the cumulative control test: financial, functional and administrative domination by the government.
Background
Article 12 of the Constitution defines 'State' for Part III (Fundamental Rights). It includes the Government and Parliament of India, state governments and legislatures, local authorities, and 'other authorities'. The term 'other authorities' has been interpreted by courts over decades to include bodies that are instrumentalities or agencies of the government.
Key Analysis and Impact
The SC applied the 'cumulative effect' test, examining NBT's financial, functional and administrative subordination to the government. The court noted that no single factor was decisive; instead, the totality of government control made NBT an 'other authority'. This judgment reinforces the broad interpretation of Article 12, ensuring that citizens can seek judicial remedy against autonomous bodies that wield public power.
Way Forward
This ruling will likely impact other trusts and societies substantially controlled by the government. It clarifies the legal position for future disputes about the 'State' status of similar bodies. The judgment also upholds the principle that fundamental rights protection cannot be defeated by the corporate or trust structure of an entity.
Background GK
Textbook concepts you need to understand this news
- Article 12
- Defines 'State' for the purpose of enforcing Fundamental Rights. It includes the Government and Parliament of India, state governments and legislatures, local authorities, and other authorities under the control of the government.
- Other Authorities
- A term in Article 12 that has been broadly interpreted by courts to include any agency or instrumentality of the government, regardless of its legal form (statutory body, trust, company, society).
- Fundamental Rights
- Part III of the Constitution (Articles 12-35) guarantees basic rights to citizens, enforceable against the 'State' as defined in Article 12.
Facts to remember
Tap a card to see the answer. Try to recall it first.
How exams will ask this
- Data: National Book Trust (NBT) declared 'State' under Article 12 by Supreme Court
- Nodal Body: Ministry of Education (NBT's parent ministry)
- Legal Point: Article 12 of the Constitution
Don't make this mistake!
The question might ask which body was declared a 'State', and options may include other trusts like 'National Book Trust' vs 'National Library Trust' or 'Sahitya Akademi'. Also, examiners may ask about the bench: Justice Prashant Kumar Mishra and Justice Augustine George Masih.
Write these in mains answers
- Doctrine of instrumentality, Cumulative control test, Horizontal application of fundamental rights
Stuck? Get it in one tap
The Supreme Court has said that the National Book Trust, a government body that publishes books, is a 'State' under Article 12 of the Constitution. This means if the Trust violates anyone's fundamental rights, that person can go to court. The court checked how much control the government has over the Trust and found it is deep and wide. This judgment confirms an earlier decision of the Delhi High Court from 2012.
- The Supreme Court declared National Book Trust (NBT) a 'State' under Article 12.
- Article 12 defines 'State' for the enforcement of Fundamental Rights.
- The judgment was delivered by Justice Prashant Kumar Mishra and Justice Augustine George Masih.
- The court upheld the 2012 Delhi High Court full bench judgment.
- NBT is under the control of the Ministry of Education.
- Polity: Fundamental Rights and Article 12
- Governance: Constitutional Bodies and Authorities
Related concepts: Article 12, Other Authorities, Fundamental Rights
Practice questions
Pick an answer, then read the explanation.
- Q1Easy
Which constitutional article defines the term 'State' for the enforcement of Fundamental Rights in India?
Explanation: Article 12 defines 'State' for Part III of the Constitution. Article 13 deals with laws inconsistent with fundamental rights, Article 14 guarantees equality, and Article 21 guarantees right to life. Hence, Article 12 is correct.
- Q2Hard
Consider the following statements regarding the Supreme Court judgment on National Book Trust (NBT):
- 1.The Supreme Court ruled that NBT is a 'State' under Article 12 of the Constitution.
- 2.The court applied the 'cumulative effect' test, considering financial, functional and administrative control by the government.
- 3.The judgment reversed the 2012 Delhi High Court full bench ruling that had first declared NBT a 'State'.
Which of the statements given above is/are correct?
Explanation: Statement 1 is correct: the SC ruled NBT is a 'State' under Article 12. Statement 2 is correct: the court used the cumulative control test. Statement 3 is incorrect because the SC upheld the 2012 Delhi HC judgment, not reversed it. Hence option C is correct.
- Q3Medium
Which bench of the Supreme Court delivered the judgment declaring the National Book Trust a 'State' under Article 12?
Explanation: The judgment was delivered by a bench comprising Justice Prashant Kumar Mishra and Justice Augustine George Masih. The other options are different benches that have delivered other notable judgments. Hence option B is correct.
- Q4Medium
What is the primary legal consequence of an entity being declared a 'State' under Article 12 of the Constitution?
Explanation: When an entity is declared a 'State' under Article 12, Part III of the Constitution applies to it, meaning citizens can approach courts if their fundamental rights are violated by that entity. The other options are incorrect: tax exemption, exclusive jurisdiction of SC, and constitutional status do not follow from Article 12.
Frequently asked questions
1. What did the Supreme Court rule about the National Book Trust?
The Supreme Court ruled that the National Book Trust (NBT) is a 'State' under Article 12 of the Constitution, meaning citizens can enforce their fundamental rights against it.
2. Which constitutional article is involved in this judgment?
Article 12 of the Constitution, which defines the term 'State' for the enforcement of Fundamental Rights under Part III.
3. Which bench delivered this judgment?
The judgment was delivered by a bench of Justice Prashant Kumar Mishra and Justice Augustine George Masih.
4. What test did the Supreme Court apply to declare NBT a 'State'?
The court applied the 'cumulative effect' test, examining the financial, functional and administrative control of the government over NBT.
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- Original6 November 2026 · Read story
