Definition of State — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. In R.D. Shetty v. International Airport Authority of India (1979), Justice Bhagwati laid down factors to determine whether a body is:

   • A "local authority"
   • An "instrumentality or agency of the State" (correct answer)
   • A "Union Territory"
   • A "constitutional amendment"

   Explanation. Justice Bhagwati laid down a multi-factor test for determining whether a body is an instrumentality or agency of the State under Article 12.

2. Which case first introduced the "instrumentality of the State" theory through Justice Mathew's concurring opinion?

   • Rajasthan State Electricity Board v. Mohan Lal
   • Sukhdev Singh v. Bhagatram Sardar Singh Raghuvanshi (correct answer)
   • Ajay Hasia v. Khalid Mujib Sehravardi
   • Pradeep Kumar Biswas v. Indian Institute of Chemical Biology

   Explanation. Justice Mathew's concurring opinion in Sukhdev Singh v. Bhagatram (1975) introduced the "instrumentality of the State" theory.

3. In Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2002), which earlier case was overruled?

   • Rajasthan State Electricity Board v. Mohan Lal
   • Sabhajit Tewary v. Union of India (correct answer)
   • Ajay Hasia v. Khalid Mujib Sehravardi
   • R.D. Shetty v. International Airport Authority of India

   Explanation. Pradeep Kumar Biswas expressly overruled Sabhajit Tewary v. Union of India (1975), which had held CSIR was not "State."

4. In Zee Telefilms Ltd. v. Union of India (2005), the Supreme Court held that BCCI:

   • Is "State" under Article 12
   • Is NOT "State" under Article 12 because government control over it is not deep and pervasive (correct answer)
   • Is a "local authority"
   • Cannot be sued under any circumstances

   Explanation. The Court held BCCI is not "State". The Government held no share in it, gave it no substantial funds and did not control its working deeply.

5. According to Article 12, "State" includes all of the following EXCEPT:

   • The Government and Parliament of India
   • Local authorities
   • All private companies regardless of government control (correct answer)
   • Other authorities under the control of the Government of India

   Explanation. A private company is "State" only if it satisfies the instrumentality tests (government control, funding, etc.) — not merely by being a company.

6. Ajay Hasia v. Khalid Mujib Sehravardi (1981) consolidated the Article 12 "instrumentality" factors into what?

   • A rigid, mandatory formula
   • A cumulative checklist requiring overall assessment (correct answer)
   • A single conclusive test
   • A test that applies only to companies, not societies

   Explanation. Ajay Hasia consolidated the R.D. Shetty factors into a checklist to be applied cumulatively, not mechanically.