State include a) b) c) d) Government and parliament of the state Governt ment and legislature of each of the states All

local and other authorities within the territory of india All local and other authorities under the control of government of india

The term local authorities include the municipalities, port trusts, mining settlement boards, district board, panchayats and district boards. The supreme court has held that the term other authorities will include the authorities created by the constitution or statute that are controlled by the law and it is not necessary that the authority must be engaged with a government function. (The electricity board of rajasthan V Mohan Lal AIR 1967 SC 1957). The high court of calcutta has held that the electricity board is also included in state accroding to Article 12. And their action can be reviewed by this court under Article 226 of the constitution of india. The university is also included in state ( University of Madras V shanta bhai AIR 1954 Mad 67) The high court of gujarat held that the president is also a state while making an order under Article 359 of the constitution of india. The words under the control of govt of india bring the entire meaning of the state,that not only the the authorities within the territory of india. But also the authorities outside india provided they are under the control of govt of india. In R.D. Shetty V international airport authority AIR 1979 SC 1628 has pointed of that the corporation working as the instrumentality or agency of the state will obviously become a state provided they are subjected to the limitations of the constitutional and admn laws of the govt of india. Though they will be viewed as distinct and individual legal entities in the eyes of law. Test for instrumentanilty or agency of the state 1) If the government holds the share capital of the corporation then it it the agency or instrumentality of the state. 2) If govt does the financial assistance such that the entire expenditure of the corporation is taken care by the govt it is the instrumentality or agency of the state 3) Whether the corporation enjoys monopoly which is protected by the state 4) Existence of deep or persuasive control of the state over the corporation may be regarded as the agency or instrumentality of the state 5) Transfer of a govt dept to a corporation will strongly be a factor supporting the agency or instrumentality of the state 6) If the functions of the corporation are of public importance and closely related to govt functions it is an agency or instrumentality of the govt.