Can a Municipal Corporation be subject to Article 226 and is it state?

Tilak Marg Forum for Legal Questions Forums Constitutional Law Can a Municipal Corporation be subject to Article 226 and is it state?

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 4 months, 1 week ago.

  • Author
    Posts
  • #4398

    Anonymous
    Guest

    Can a writ petition be filed against a Municipal Corporation under Article 226 of the Constitution and whether it is “state” under Article 12 of the Constitution?

  • #4400

    Article 12 of the Constitution defines “State” for the purposes of fundamental rights guaranteed under Part 3 of the Constitution:

    12. Definition.—In this part, unless the context otherwise requires, “the State” includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.”

    A municipal corporation is a local authority within the meaning of Article 12, and therefore, it is covered within the word “state”. Accordingly, a writ petition under Article 226 of the Constitution can be filed against a municipal corporation before a high court.

    For example, in the case of Nagar Nigam v. Al Faheem Meat Exports (P) Ltd., (2006) 13 SCC 382, the Supreme Court has held that municipal corporation of Meerut (in Uttar Pradesh) is a “state” being a local authority.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

You must be logged in to reply to this topic.

Facebook Comments

[Note: These Facebook Comments are not monitored by Forum Editor. Hence, they may not be replied to. If you want to ask a free legal question, click here.]