Supreme Court: National Book Trust is 'State' under Article 12

11 November 2026 · English Polity & Governance

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Current affairs of 11 November 2026 (Shanmugam IAS Academy) – explained for UPSC, TNPSC and other competitive exams

News

On 6 November 2026 the Supreme Court held that the National Book Trust (NBT), under the Union Ministry of Education, is an 'other authority' and hence 'State' under Article 12 of the Constitution. A bench of Justices Prashant Kumar Mishra and Augustine George Masih, in The Chairman, NBT v. A.R. Abdul Gaffar (2026 INSC 1202), dismissed the Trust's appeal and upheld a 1 June 2012 Full Bench ruling of the Delhi High Court. Registration as a society does not by itself take a body outside Article 12; the test is substance, not legal form, the Court said. Deep and pervasive government control was shown by the appointment of its Chairman, ministry members on its governing bodies, government approval for rule changes and audit by the CAG. Earning income from book sales does not change this, the Court added. The declaration is only for the purposes of Part III (Fundamental Rights); it does not make the NBT a government department or its staff civil servants.

Key facts for the exam

Background

• Constitution: Article 12 defines 'the State' for Part III (Fundamental Rights) – the Government and Parliament of India, State governments and legislatures, local authorities and 'other authorities' within India or under the control of the Government of India. If a body is 'State', its actions can be challenged for violating fundamental rights through writ petitions in the Supreme Court (Article 32) or a High Court (Article 226).
• Case-law history: Ramana Dayaram Shetty (1979) developed the 'instrumentality of the State' idea. Ajay Hasia v. Khalid Mujib Sehravardi (1981, five judges) laid down six tests, including financial and administrative control. Pradeep Kumar Biswas (2002, seven judges) stressed whether the body is financially, functionally and administratively dominated by the government. In Zee Telefilms (2005) the BCCI was held not to be 'State' under Article 12.
• NBT: Set up by the Government of India in 1957 to publish good books at low prices and promote reading; it works under the Union Ministry of Education and publishes in many Indian languages, including Tamil. It organises the New Delhi World Book Fair and observes National Book Week every year from 14 to 20 November.

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Sources: Supreme Court judgment; Verdictum; LawChakra; The Federal; Constitution of India. Compiled by Shanmugam IAS Academy.

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