Gujarat High Court Holds Institute for Plasma Research Is ‘State’ Under Article 12

The Gujarat High Court has held that the Institute for Plasma Research qualifies as “State” under Article 12 of the Constitution of India.

The Full Bench noted that the Institute is a statutory body created under the Atomic Energy Act, is fully funded by the Government, and performs public functions through research and development for societal benefit.

The Court found that the Department of Atomic Energy exercises deep and pervasive control over the Institute, including issuing binding directions.

Applying the principles laid down in Ajay Hasia v Khalid Mujib Sehravardi, the Court concluded that the Institute satisfies the constitutional tests to be treated as “State.”

[Dr Indranil Bandyopadhyay v. Institute for Plasma Research & Ors.]