Mere A Regulatory Body Is Not A State Under Article 12: A Supreme Court bench comprising of justice Sanjeev Khanna and Bella M Trivedi while determining the question upon an agency observed that a mere presence of some public duty or function does not make itself a “state” within the meaning of article 12 of the Indian Constitution.

Bombay High Court while entertaining a writ the question arises that whether Automotive Research
Association is a state or not under section 12 of the Indian constitution. The Bombay High court
refused to entertain the writ petition on the ground that an agency could not become a “State”.

The Supreme Court observed that the set principles are not rigid but it must be seen that whether
the body is financially, functionally, and administratively dominated by or under the direct control of
Government. If it is merely a regulatory body then it will not be a state under the ambit of article 12
(Kishore Madhukar Pinglikar Vs Automotive Research Association of India)