Aurelia2406 at 21:56, 13 December 2025

2025-12-13T21:56:23Z

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{{Short description|Supreme Court of India case}}
{{Use Indian English|date=August 2025}}
{{Use dmy dates|date=August 2025}}

{{Infobox court case
|name = Ajay Hasia v Khalid Mujib
|court = [[Supreme Court of India]]
|image =
|imagesize =
|imagelink =
|imagealt =
|caption =
|full name = Ajay Hasia and Ors v Khalid Mujib Sehravardi and Ors
|date decided = 1978
|citations = (1981) 1 SCC 722; AIR 1981 SC 487
|ECLI =
|transcripts =
|judges = Y. V. Chandrachud (Chief Justice), V. R. Krishna Iyer, P. N. Bhagwati, S. Murtaza Fazal Ali, A. D. Koshal
|number of judges = 5
|decision by = P. N. Bhagwati
|concurring =
|dissenting =
|concur/dissent =
|prior actions =
|appealed from =
|appealed to =
|subsequent actions =
|related actions =
|opinions = If an individual, company, or society is acting as an instrumentality or agency of the government, it can be considered a State for the purposes of Article 12 of the [[Constitution of India]], and a [[writ]] can lie against them for violating the Constitution.
|keywords = 
|italic title =
}}

'''''Ajay Hasia v Khalid Mujib''''', (1981) 1 SCC 722, was a landmark decision by the Supreme Court of India in which the Court [[Keel laying|laid down]] a test to determine whether an individual, corporation, or society was an instrumentality or agency of the government, and therefore whether it could be considered a State for the purposes of Article 12 of the [[Constitution of India]].<ref name="shukla">{{cite book |last1=Singh |first1=Mahendra Pal |title=V. N. Shukla's Constitution of India |year=2019 |publisher=Eastern Book Company |isbn=978-9388822213 |edition=13th}}</ref> If a body is 'State' for the purposes of Article 12, a [[writ]] can lie against them for violating the Constitution.{{r|shukla|p=29}} The judgment of the Court, delivered by Justice [[P. N. Bhagwati]], was largely a summarization of Bhagwati's view in ''R. D. Shetty v International Airport Authority of India''. ''Ajay Hasia'' summarized ''International Airport Authority'' into a six-factor test to determine whether a body was an instrumentality of agency of the State. {{r|shukla|p=29}}

==Judgment==
Justice P. N. Bhagwati delivered the judgment of the Court.{{r|shukla|p=29}} The most influential portion of the judgment is the summarized six-factor test and largely the reason why it is often cited over the ''International Airport Authority'' case, a previous judgment by Justice Bhagwati. The six factors were:<ref>{{cite court |litigants=Ajay Hasia v. Khalid Mujib |vol=1 |reporter=SCC |opinion=722 |court=Supreme Court of India |date=1981 |pages=737}}</ref>

# Whether the share-capital of the corporation is held by the Government
# Whether the financial assistance of the State meets almost the entire expenditure of the corporation
# Whether the corporation enjoys a state-conferred or state-protected monopoly status
# Whether there is deep and pervasive state control
# Whether the functions of the corporation are of public importance and closely related to Governmental functions
# Whether a department of Government has been transferred to a corporation

== References ==
{{reflist}}

[[Category:Supreme Court of India cases]]
[[Category:1978 in case law]]

{{SCI-cases}}

Ajay Hasia v. Khalid Mujib - Revision history

Aurelia2406 at 21:56, 13 December 2025