Article 12 State test: pervasive Government control made the National Book Trust an "other authority" despite claimed autonomy.

The Delhi High Court held that the National Book Trust is an "other authority" and therefore "State" under Article 12 because the governing test is whether the body is financially, functionally and administratively dominated by, or under pervasive Government control. Applying that test, the Court noted Government appointment of the Chairman and members, control over funding, approval of regulations and amendments, receipt of annual reports and audited accounts, and continuing administrative oversight. It held that mere institutional autonomy or some non-government funding does not defeat State character where overall control remains deep and pervasive. The contrary view based on Chander Mohan Khanna was disapproved after Pradeep Kumar Biswas.

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Issues: Whether the National Book Trust is an "other authority" and therefore "State" within the meaning of Article 12 of the Constitution of India.

Analysis: The earlier view treating the Trust as outside Article 12 rested on Chander Mohan Khanna, but that reasoning was later disapproved by the larger Bench decision in Pradeep Kumar Biswas. The applicable test is whether the body is financially, functionally and administratively dominated by, or under the pervasive control of, the Government. On the Trust's constitutive resolution and rules, the Court found that the Government appoints the Chairman and members, exercises control over funding, approval of regulations and amendments, receives annual reports and audited accounts, and retains pervasive administrative oversight at every stage. Mere autonomy or the presence of some non-governmental sources of funding does not negate State character where the overall control is deep and pervasive.

Conclusion: The National Book Trust is an "other authority" and hence "State" within Article 12; the contrary view was overruled and the impugned order was set aside with the matter remitted for decision on merits.

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