Supreme Court holds National Book Trust is State under Article 12

The Supreme Court dismissed the National Book Trust’s appeal on 6 November 2026 and upheld a Delhi High Court ruling that treated the Trust as State for the purposes of fundamental rights. The issue was whether an organisation registered as a society fell within the words “other authorities” in Article 12. Justices Prashant Kumar Mishra and Augustine George Masih considered the institution’s relationship with the Union government as a whole, including how it was created, how it operated and the extent of government control over it.

The bench did not treat the Trust’s ability to raise revenue through its own activities as decisive. It examined the financial, functional and administrative features together and found that the degree of government control justified bringing the body within Article 12. The Court also drew a boundary around the holding: the Trust retains its separate institutional identity, and its employees do not become civil servants merely because the Trust must answer for its actions under Part III.

Facts to remember

• Judgment date: 6 November 2026. Neutral citation: 2026 INSC 1202.
• The two judges were Prashant Kumar Mishra and Augustine George Masih.
• The Court upheld the Delhi High Court Full Bench’s conclusion that the Trust is an other authority under Article 12.
• The test takes financial, functional and administrative control into account together.

Background

Article 12 defines State for Part III of the Constitution, which contains the fundamental rights. The category of other authorities can include a body with a separate legal form. The Court’s inquiry is into the degree and character of government control over that particular body, so the fact that an institution is registered as a society does not by itself settle its constitutional status.

Why it matters for exams

For CLAT, judiciary and UGC-NET Law, connect Article 12 to fundamental rights enforcement and distinguish constitutional accountability from civil service status.